LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday March 3rd 2011

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 3rd, 2011, 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 Perl

Rod Buenconsejo

John Patnik

Barry Asmus

Robert Swan

ALSO PRESENT:

 

 

Richard Sarafan, Village Attorney                                                                                                                                                                                                                                                  

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk        

ABSENT:           Manny Quiroga

 

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

 

FIRST HEARING

Case: 2-11-8158
Owner: Marie Cesar                                       
Address: 141 NW 92 St.
Section: 12-211(a); 501(m)
Violations:  Unlawful Occupancy; Building not designed for residential purposes.

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mrs. Cesar’s sister, Suzie Salomon were there to present the case. Following discussion by the Board, Mr. Swan moved for a finding of fact and a conclusion of law that a violation exists according to Section(s) 12-211(a) and 501(m) of the Miami Shores Village Code. The violator shall correct the violation by March 6, 2011 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 11-10-7944
Owner: Emile Fleur                                        
Address: 800 NE 91 Terr.
Section: 6-4
Violations:  Permits—Application generally.

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mr. Fleur 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) 6-4 of the Miami Shores Village Code. The violator shall correct the violation by April 17, 2011 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, theCode 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 $100.00 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 4-2. Mr. Asmus and Mr. Patnik voted no.

 

Case: 2-11-8131
Owner: Michelle Minagorri                           
Address: 901 NE 91 Terr.
Section: 6-4(a); 6-1
Violations:  Unauthorized construction/Expired permit(s); Adoption of technical code (florida bldg code.)

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mrs. Minagorri 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) 6-4(a) and 6-1 of the Miami Shores Village Code. The violator shall correct the violation by April 6, 2011 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. Asmus seconded the motion. The vote was in favor of the motion 5-1. Mr. Swan voted no.

 

Case: 9-10-7721
Owner: Michelle Minagorri                          
Address: 901 NE 91 Terr.
Section: 6-4
Violations:  Permits—Application generally

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mrs. Minagorri was there to present the case. Following discussion by the Board, Mr. Swan moved to table this case to the next meeting, April 6, 2011. Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted no.

 

Case: 11-10-7955
Owner: Charles Fadely                                 
Address: 280 NE 91 St.
Section: 520(h)(i)
Violations:  Deteriorated parking area

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mr. Charles 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) 520(h)(i) of the Miami Shores Village Code. The violator shall correct the violation by May 4, 2011 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 unanimous in favor of the motion 6-0.

 

Case: 1-11-8108
Owner: Marlene Marin                                  
Address: 1040 NE 105 St.
Section: 5-22(a)
Violations:  Keeping noisy animals

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. The owner was not there to present the case. Several neighbors did speak to express their aggravation and testify concerning the violation of the constantly barking dog. Following discussion by the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section(s) 5-22(a) of the Miami Shores Village Code. The violator shall correct the violation by March 8, 2011 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 $200.00 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. Patnik seconded the motion. The vote was in favor of the motion 4-2. Mr. Perl and Mr. Buenconsejo voted no.

 

Summary Adjudication For 1st Hearings

 

Case #’s: 10-10-7842; 11-10-7907; 11-10-7927; 11-10-7972; 11-10-7985; 1-11-8052; 1-11-8106; 12-10-7999; 12-10-8005; 12-10-8031; 12-10-8040; 12-10-8041; 2-11-8124; 2-11-8128; 2-11-8129; 2-11-8133; 2-11-8134; 2-11-8137; 2-11-8138; 2-11-8139; 2-11-8142; 2-11-8143; 2-11-8144; 2-11-8145; 2-11-8148; 2-11-8149; 2-11-8153; 2-11-8154; 2-11-8155; 2-11-8156; 2-11-8157; 2-11-8160; 2-11-8161; 2-11-8162; 2-11-8163; 2-11-8164; 2-11-8165; 9-10-7656; 9-10-7736

 

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 exists in each of the files.

 

Mr. Perl 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 April 6, 2011 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. Asmus seconded the motion.  The vote was unanimous in favor of the motion 6-0.

 

PENALTY HEARINGS

Case: 12-10-8019
Owner: Diana Garcia                                     
Address: 1160 NE 91 Terr.

 

The officer, Mike Orta, testified that violations still existed on the property. The homeowner was there to present his case. Following discussion by the board Mr. Perl made a motion to continue to April 7, 2011 meeting. Mr. Patnik seconded the motion and the vote was in favor of the motion 5-1. Mr. Asmus voted no.

 

Summary Adjudication:

Case #’s 10-10-7843; 11-10-7870; 11-10-7871; 11-10-7872; 11-10-7875; 11-10-7883; 11-10-7894; 11-10-7895; 11-10-7905; 11-10-7949; 11-10-7975; 1-11-8047; 1-11-8074; 12-10-8009; 12-10-8017; 12-10-8018; 12-10-8023; 12-10-8024; 7-10-7351; 9-10-7708; 9-10-7755

 

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. Buenconsejo 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. Swan seconded the motion and the 

 

REQUEST FOR RELIEF

Case: 3-08-3735; 3-08-3743; 6-09-5829; 11-09-6480; 2-10-6667; 6-10-7243
Owner: Kondaur (Robert Walser)
Address: 9818 NW 1 Ave.

 

Mr. Walser was there to present the case. The board asked several questions and after a discussion, Mr. Walser proposed to pay $12,500.00 within 60 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

MINUTES

Chairman Vickers moved to accept February 3rd, 2011 minutes and the vote was unanimous in favor of the motion 6-0.

 

NEXT MEETING

The next meeting will be on April 7th, 2011.

 

ADJOURNMENT

Chairman Vickers made a motion for adjournment and the motion passed unanimously 6-0.