LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday June 07, 2012

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 07, 2012, at the Miami

Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Manny Quiroga.

Mr. Sarafan swore in all those participating in the meeting.

Present: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga, Absent/Excused: Robert Swan,

 

Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk

                                               

All witnesses were sworn in by the Village Attorney, Mr. Sarafan.

 

FIRST HEARING

 

Case: 4-12-9879
Owner: Marlene Marin
Address: 1040 NE 105 St.
Section: 5-22
Violation: Sec. Keeping Noisy Animals

 

Officer Flores stated case that has been ongoing for 2 years. Neighbors have been in contact with code officer about

barking and it has become progressively worse in the last couple of months. Ms. Marin was present and stated the

steps taken to remedy the situation with her dog. After purchasing a dog collar and placing it around the neck,

she noticed a sore around the dog’s neck and had to remove it. Board members asked owner and code officer

about issues going on with case. Owner stated dog is outside during the day and at night time he is inside.

Neighbor Ms. Franz lives at 1039 NE 104th St. testified how dog barks all day long and she does realize

that a dog needs to bark in certain instances but not all day. Neighbor Noel Franz lives at 1039 NE 104th St.

also testified to dog barking and how it peaks at certain times of the day.

 

   Motion: Action: Accept, Moved by Robert Vickers, Seconded by Barry Asmus.

With respect to case(s) 4-12-9879: I move for a finding of fact and conclusion of law that there

exists a violation or violations of Section(s) 5-22 of the Miami Shores Village Code. The

offending party shall correct all such violations within 5 days and shall immediately notify the

Code Enforcement Officer when the property is brought into compliance. If the violation is

not brought into compliance by that time, the Code Enforcement Officer may report back to the

Board and, in such event, a fine is hereby authorized to be automatically assessed against the

violator in the amount of $500.00 a day thereafter, which will constitute a lien on the property

of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses

in prosecuting the violation to date.

 

Discussion by board.

 

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Chairman Quiroga.

No: Barry Perl, Rod Buenconsejo.

Motion passed (summary: Yes = 4, No = 2, Abstain = 0).

 

Case: 5-12-9923
strongOwner: Vivian Medina
Address: 10555 NE 6 Ave.
Section: 5-28; 5-25
Violation: Untended Pets; Leash or Other Control of Dogs Required.

 

Owner Vivian Medina was not present. Neighbors were present to state issues going on around property. Code

Officer Anthony Flores stated issues going on with untended dogs and how they roam freely and leave a mess

in neighbor’s yards. Miami Shores Police department has also been contacted about dogs. Daniel Thorogood

resides at 635 NE 105th St. and stated how dogs roam around in his backyard and feces have been left by

dogs and owners do not take action to remedy situation.  Board members asked questions about dogs and

what procedures they have done to take care of issue with their neighbor.  Kristin Thorogood resides at

635 NE 105th St. concurred with how dogs roam on her property and make a mess and is concerned since

she has two small children.  Neighbor Jackie Fobro resides at 665 NE 105th St. stated that dogs have come

on her property and chased her animals. Issue has been ongoing for many years and when she has tried to

approach owners they don’t care to make any changes. Neighbor Jimmy Delafare resides at 651 NE 105th St.

stated the standard practice is that dogs are allowed to take a run at midnight for a while. Every morning, two

or three times a week two dogs have been defecating on their property and then they have to remedy situation.

Discussion by board.

 

Motion: Action: Accept, Moved by Barry Asmus, Seconded by Robert Vickers.

 

With respect to case(s) 5-12-9923: I move for a finding of fact and conclusion of law that there exist two

violations each of Section(s) 5-28; 5-25 of the Miami Shores Village Code. The offending party shall

within days take all actions necessary to prevent any repeat violations of these sections and shall immediately

notify the Code Enforcement Officer upon compliance. Since there has been two violation of each of these

code sections that is irreversible (i.e. at least one violation of each code section by each of two separate dogs) a

fine is hereby assessed against the violator in the amount of $250 per dog per violation per day (for a total of

$1,000), which will constitute a lien on the property of the violator.  Steps should be taken that there is no

re-occurrence of these violations and if there is a re-occurrence the code enforcement officers are authorized

to treat same as a repeat violation in accordance with Village Code sections 2-79 and 2-81 and otherwise. Costs

in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

Summary Adjudication for 1st Hearings

 

Case #’s: 1-12-9466;1-12-9510;1-12-9528;2-12-9617;2-12-9653;3-12-9705;3-12-9725;3-12-9734;3-12-9750;

4-12-9772;4-12-9788;4-12-9796;4-12-9799;4-12-9839;4-12-9858;;4-12-9890;5-12-9914;;5-12-9916;5-12-9917;

5-12-9918;5-12-9937;5-12-9939;5-12-9943;5-12-9947;5-12-9950;5-12-9951

 

Officer Mike Orta stated case number 5-12-9915 was closed and requested a repeat order.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.

I move for summary adjudication of all such cases to include a finding of fact and conclusion of law that a violation

exists as charged in the respective notice of violations issued therein and that, in each such case, the offending party

shall correct the violation within the time period specified by Staff in the Staff recommendations for these hearings

and immediately notify the Code Enforcement Officer when the property is brought into compliance.  In each such

case, if the violation is not brought into compliance within such time period, the Code Enforcement Officer may

report this fact back to the Board in accordance with the Board’s Rules and Regulations at which time a fine is

hereby authorized to be automatically assessed against the violator. In the respective daily amounts specified in

Staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline, which will constitute

a lien on the property of the violator. Further, with respect to each such case, costs in the amounts specified in Staff’s

recommendations for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting

the violations to date.”

 

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus

With respect to case(s) 5-12-9915: I move for a finding of fact and conclusion of law that there existed a

violation of Section(s) 521(b) (1) d and even though it has been corrected by the time of this meeting it exists. 

Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

 

PENALTY HEARINGS

 

Summary Adjudication for Penalty Hearings:

 

Chairman Quiroga stated that no one has showed for penalty hearing.

 

Case #’s: 1-11-8099; 1-12-9465; 1-12-9468; 1-12-9470; 1-12-9520; 2-12-9556; 2-12-9563;

2-12-9564; 2-12-9618; 2-12-9663; 4-12-9844; 4-12-9845

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in

each of the files.

 

Motion: Action: Accept, Moved by Barry Asmus, Seconded by Barry Perl.

I move that, in each case currently remaining on the penalty docket for tonight’s hearing, each respective

violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against them

by prior order of the Board, retroactive from the day the violation was to have been corrected.  That upon

recording, the Board’s Order in this regard will constitute a lien on the property of the violator.”

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

 

5 minute intermission.


REQUEST FOR RELIEF

Case: 4-09-5579
Owner: Alexander & Karen Rundlet
Address: 113 NW 108 St.

 

Mr. and Mrs. Rundlet were present and Chairman stated they were here before. Mr. Rundlet brought in

paperwork that he began to assemble paper work on June 9th. Board members asked questions. Offer to

pay $1000 within 90 days.

 

Motion: Accept upon receipt of $500 payable within 90 days and release lien on this property and this

property only.

Moved by Barry Perl, No second.

Motion failed for lack of second.

 

Motion: Lien be satisfied with the payment of $1000 payable within 90 days.

Moved by Robert Vickers, Seconded by Barry Perl.

Vote: Yes: Robert Vickers, Barry Perl, Manny Quiroga

No: John Patnik, Barry Asmus, Rod Buenconsejo.

Motion failed (summary: Yes = 3, No = 3, Abstain = 0).

 

Case: 2-11-8126
Owner: Angelica Montero
Address: 9338 NW 2nd Ave

 

Luz Elena Lera was present as P.O.A. and stated she did not deny violation but had problems with 3 electrical

contractors and she did not know that by speaking with building department she was still in violation with code

enforcement. Board members asked questions regarding property. Ms. Lera offers to pay $75.00.

 

Motion: I move that upon receipt of $350 within 6 months the lien on this property and this property only be released.

Moved by Barry Perl, Seconded by Barry Asmus

Discussion by board.

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

Case: 4-11-8467
Owner: Lisa Rhodes
Address: 1341 NE 103 St.

 

Ms. Rhodes was present to state her case and upon removing tile that did not need a permit discovered mold

and proceeded to correct issues. Ms. Rhodes travels mostly all month to Ireland and neighbors that collected

mail informed her of the violation As soon as she understood she was in violation she began to remedy situation.

Offer to pay $600 payable within 30 days.

Motion: Accept $600 payable within 30 days and release the lien on this property only.

Moved by Rod Buenconsejo, Barry Asmus seconded.

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

 

Case: 2-08-3581
strong>Owner: Fannie Mae  c/o RMS Asset Mgmts. Solutions, LLC
strong>Address: 163 NW 101 St.

 

Mr. Chairman gave overview of the case. Joshua Kenny on behalf of Fannie Mae, with the law firm of Wolf

and Associates was present on behalf of owner and stated that remedy was done prior to owning house, and there

is an active sales contract on property.  Board members asked staff questions regarding property. Offer to pay

$1000 within 60 days.

 

Motion: Accept upon receipt of $2000 payable within 60 days and release the lien on this property and this property only.

Moved by Barry Asmus, Seconded by Barry Perl.

Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo. Chairman Quiroga.

Motion passed unanimously.

 

Case: 9293; 12-11-9419; 12-11-9420;3-07-1803;3-07-1804;3-07-1805.
Owner: Paul West
Address: 225 NE 96 St.

 

Charlene Ray was present as POA of Paul West to state case and stated the previous owner was responsible

for all the damage. Property was bought by Mr. West off the Miami Dade Foreclosure Auction. Board members

asked questions regarding purchase of property. Ms. Ray asked board if there was a guideline to make an offer

instead of throwing a number out and Mr. Sarafan asked the board to have a minute to speak to Ms. Ray outside and

offer some council. After returning from a break, offer to pay $10,000 within in 10 days.  

 

Move to accept offer of $10,000 payable within 10 days to satisfy this lien of $480,405 on this property and this property only.

Moved by Robert Vickers, Seconded by Rod Buenconsejo.

Vote: Yes: Robert Vickers, Rod Buenconsejo, Chairman Quiroga

No: John Patnik, Barry Asmus, Barry Perl.

Motion failed (summary: Yes = 3, No = 3, Abstain = 0).

 

 

Case: 1-12-9445; 7-09-6005
Owner: 10603 Miami Shores Inc.    Neelco Hoeksema
Address: 10603 NE 10 Pl

 

Mr. Neelco Hoeksema was present and stated he did not know that he a permit needed for work performed.

Board members asked question. Mr. Hoeksema stated house is for sale. Offer to pay $10,000.

 

Accept offer of $10,000 payable within 30 days.

Moved by Robert Vickers, Seconded by Barry Perl.

Vote Yes: Robert Vickers, John Patnik, Barry Perl, Rod Buenconsejo, Chairman Quiroga.

No: Barry Asmus

Motion passed: (summary: Yes=5, No=1, Abstain =0)

 

 

Motion to amend prior resolution and accept offer of $10,000 payable within 90 days.   Moved by  Robert Vickers,

Seconded by Barry Perl.

Vote Yes: Robert Vickers, Barry Perl, Rod Buenconsejo, Chairman Quiroga.

No: John Patnik, Barry Asmus

Motion passed: (summary: Yes=4, No=2, Abstain =0)

MINUTES

 

May minutes approved subject to typo correction on first page.

Moved by Rod Buenconsejo, Seconded by Barry Asmus.

NEXT MEETING

 

The next meeting will be on July 5, 2012.

ADJOURNMENT

 

June 07, 2012 Code Board meeting was adjourned.