LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday June 3rd, 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 3rd, 2010, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

 

PRESENT:

 

Robert Vickers, Chairman

Barry Asmus  

Robert Swan

Manny Quiroga

Barry Perl

Rod Buenconsejo

ALSO PRESENT:

 

 

Richard Sarafan Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk  

ABSENT:   

John Patnik

 

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



FIRST HEARING

Case: 12-09-6585
Owner: John Peterson             
Address: 893 NE 96 St.
Section: 521(b)(1)a; 521(b)1(d)
Violations:  Unlawful loose materials; Unpaved parking area

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Peterson was there to present the case. Following discussion by the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation existed according to Section(s) 521(b)(1)a; 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation by June 30, 2010 and immediately notify the Code EnforcementOfficer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion whether or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $50.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 4-10-6982
Owner: Armando Ortega            
Address: 118 NW 100 Tr.
Section: 521(b)1(d); 13-1; 501(k)
Violations:  Parking on Grass; Storage of inoperable vehicle; Junk Car on Premises

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner, Mr. Ortega was there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section(s) 521(b)1(d); 13-1; 501(k) of the Miami Shores Village Code. The violator shall correct the violation by June 13, 2010 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion whether or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $250.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-1, Mr. Asmus voted no.

 

Summary Adjudication For 1st Hearings

 

Case #’s: 1-10-6658; 2-10-6783; 3-10-6797; 3-10-6798; 3-10-6858; 3-10-6881; 3-10-6884; 3-10-6885; 3-10-6887; 3-10-6889; 3-10-6890; 3-10-6891; 3-10-6892; 3-10-6930; 3-10-6932; 3-10-6933; 4-10-6965; 4-10-6980; 4-10-7029; 4-10-7031; 4-10-7034; 4-10-7035; 4-10-7075; 5-10-7090; 5-10-7115; 5-10-7116; 5-10-7129; 5-10-7143; 5-10-7150; 9-09-6230; 9-09-6251

 

Chairman Vickers read each case and address into the record and asked if anyone else was present. No one was present.

 

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

 

Mr. Quiroga made a motion for a 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 case, the offending party will correct the violation by June 30, 2010 and will 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 periods, the code enforcement officer may report this 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 amount of $50.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor of the motion 6-0.

 

Mr. Quiroga made a motion for a summary adjudication of case 5-10-7147 to include a finding of fact and conclusion of law that a violation did exist as charged in the respective notice of violation issued therein and that, in this case, the offending party corrected the violation. If the violation re-occurs, the code enforcement officer may report this 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 amount of$150.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Asmus seconded the motion.  The vote was unanimous in favor of the motion 6-0.

 

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-09-6391; 1-10-6654; 11-09-6488; 11-09-6540; 2-10-6679; 2-10-6688; 2-10-6747; 3-10-6799; 3-10-6812; 3-10-6813; 3-10-6814; 3-10-6815; 3-10-6841; 3-10-6866; 3-10-6882; 3-10-6883; 3-10-6940; 3-10-6941; 4-10-6954; 4-10-6983; 4-10-6985; 7-08-4567; 7-09-5970; 8-09-6115; 9-09-6179; 9-09-6302

 

Chairman Vickers read each case and corresponding address into the record to verify whether or not anyone was present to address the Board. As neither the individual property owners nor their representatives were present for the hearing, Mr. Flores confirmed that all case files contained appropriate affidavits attesting to the fact that violations still exist subsequent to the ordered compliance dates and that individuals have not contacted the Code Enforcement Department.

 

Mr. Quiroga moved for a summary adjudication of all such cases currently remaining on the penalty docket for tonight’s hearing, and that 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 to the date the violation was to have been corrected and upon recording, the Board’s order in this regarding will constitute a lien against the property of the violator. Mr. Buenconsejo seconded the motion and the 

 

REQUEST FOR RELIEF

Case: 3-08-3777; 3-08-3778
Owner: Joseph Robinson
Address: 150 NW 109 St.

 

Mr. Robinson, was there to present the case. The board asked several questions and after a discussion, Mr. Robinson proposed to pay $5,000.00 within 30 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 4-08-4099; 10-08-5060; 10-08-5061; 10-08-5062; 10-08-5063; 10-08-5064; 10-08-5066; 10-08-5067
Owner: JP Morgan Chase Bank; rep. Gary Resnick Esq.
Address: 9302 NW 2 Ct.

 

Mr. Resnick was there to present the case. The board asked several questions and after a discussion, Mr. Resnick proposed to pay $14,781.00 within 30 days. Mr. Quiroga moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was in favor of the motion 5-1. Chairman Vickers voted no.

 

Case: 8-09-6103; 8-09-6119; 8-09-6120
Owner: Rodney Carey
Address: 145 NE 110 St.

 

Mr. Carey was there to present the case. The board asked several questions and after a discussion, Mr. Carey proposed to pay $3,000.00 within 30 days. Mr. Asmus moved to accept the proposed amount for release of the above referenced property only, Mr. Perl seconded the motion and the vote was unanimous with the motion 6-0.

 

MINUTES

Mr. Quiroga moved to accept May 6th, 2010 minutes and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

NEXT MEETING

The next meeting will be on July 1, 2010.

 

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Swan seconded it and the motion passed unanimously 6-0.