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CODE ENFORCEMENT BOARD MEETING MINUTES, June 5, 2008

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 5, 2008, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers.

ROLL CALL  

PRESENTS: :
Robert Vickers, Chairman
Barry Asmus
John Patnik
Rod Buenconsejo
John Busta
Barry Perl
Manny Quirog

   

ALSO PRESENT :
Jessica Erenbaum, (acting) Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk

 

Mrs. Erenbaum swore in all those participating in the meeting.

FIRST HEARING

Case: 2-08-3537
Owner: Ray Slack
Address: 10001 N. Miami Ave.
Section: 6-4 (a)
Violations: Unauthorized Construction/Alteration

The officer, Anthony Flores explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner 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 exists according to Section 6-4 (a) of the Miami Shores Village Code. The violator shall correct the violation by July 5, 2008 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 $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 in favor of the motion 5-1. Mr. Busta voted no.

Case: 5-07-2025
Owner: Frank Totino
Address: 9430 Biscayne Blvd.
Section: 12-128; 12-133
Violations: Weather/Water tight Structures; Unsightly fascia, Soffit, house exterior

The officer, Anthony Flores explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner 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 exists according to Section 12-128; 12-133 of the Miami Shores Village Code. The violator shall correct the violation by July 5, 2008 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 $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 in favor of the motion 5-1. Mr. Vickers voted no.

Case: 4-08-3964
Owner: Richard Halter
Address: 1155 NE 104 St.
Section: 6-4(a)
Violations: Unauthorized construction/alteration

The officer, Anthony Flores explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner 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 exists according to Section 6-4(a) of the Miami Shores Village Code. The violator shall correct the violation by July 5, 2008 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 $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. Perl seconded the motion. The vote was in favor of the motion 5-1. Mr. Busta voted no.

Summary Adjudication For 1st Hearings:

Case #’s: 1-08-3363; 2-08-3498; 2-08-3502; 3-08-3815; 3-08-3827; 3-08-3831; 3-08-3858; 3-08-3860; 3-08-3861; 3-08-3891; 3-08-3898; 4-08-3967; 4-08-4013; 4-08-4021; 4-08-4032; 4-08-4033; 4-08-4035; 4-08-4036; 4-08-4058; 4-08-4116; 4-08-4133; 4-08-4147; 5-08-4202; 5-08-4222

Mr. 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 within the time period specified by the staff in the staff recommendations for these hearings, 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 4-08-4128 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 within five days, (June 10th 2008) 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 500.00 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.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 11-07-3166; 2-08-3503; 2-08-3549; 2-08-3554; 2-08-3581; 2-08-3583; 2-08-3591; 2-08-3612; 2-08-3613; 2-08-3658; 2-08-3659; 2-08-3673; 2-08-3687; 2-08-3707; 2-08-3710; 2-08-3711; 2-08-3712; 2-08-3720; 3-08-3735; 3-08-3743; 3-08-3744; 3-08-3745; 3-08-3752; 3-08-3754; 3-08-3777; 3-08-3778; 3-08-3818; 3-08-3840; 3-08-3841; 3-08-3842; 3-08-3843; 3-08-3844; 3-08-3845; 3-08-3846; 3-08-3847; 3-08-3848; 3-08-3850; 3-08-3853; 3-08-3866; 4-08-3903; 4-08-3904; 4-08-3999; 6-07-2264; 9-07-2636

Mr. 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 vote was unanimous in favor of the motion 6-0.

REQUEST FOR RELIEF

Case: 7-07-2408
Owner: Sandra Howard
Address: 89 NW 106 St.

Mr. Ruben Ramos was there to present the case. The board asked several questions and after a discussion, Mr. Ramos proposed to pay $1,000.00 within 10 days. Mr. Perl moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was favor of the motion 5-1. Mr. Vickers voted no.

Case: 2005-06450
Owner: Jennifer Bienstock
Address: 275 NE 105 St.

The property owner Ms. Bienstock was there to present the case. The board asked several questions and after a discussion, Ms. Bienstock proposed to pay $750.00 within 10 days. Mr. Buenconsejo moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was in favor of the motion 4-2. Mr. Busta and Mr. Vickers voted no.

Case: 7-07-2516
Owner: Patrick Penkwitt and Michelle Naves
Address: 500 Grand Concourse

The property owners Mr. Penkwitt and Ms. Naves was there to present the case. The board asked several questions and after a discussion, Mr. Penkwitt and Ms. Naves proposed to pay $1,750.00 within 5 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

NEXT MEETING

The next meeting will be on August 7, 2008

ADJOURNMENT

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