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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday March 4th, 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 4th, 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

John Patnik

Manny Quiroga

Barry Perl

Rod Buenconsejo

 

ALSO PRESENT:

 

 

Jesus Suarez, Deputy Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk    

 

 

All witnesses were sworn in by the Deputy Attorney, Mr. Suarez.



FIRST HEARING

Case: 11-09-6488
Owner: William Burgeson            
Address: 1618 NE 105 St.
Section: 6-1; 6-4(a)
Violations:  Adoption of technical code; Unauthorized construction/expired permits

 

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, Mr. Burgeson 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(s) 6-1;6-4(a) of the Miami Shores Village Code. The violator shall correct the violation by March 31, 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. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 3-09-5549
Owner: Thecel & Paulone Richardson           
Address: 61 NE 93 St
Section: 521(b)1(d)
Violations:  Lack of off street parking

 

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. Richardson 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(s) 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation by March 31, 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

Summary Adjudication For 1st Hearings

 

Case #’s: 11-09-6518; 2-10-6665; 2-10-6667; 2-10-6693; 2-10-6710; 2-10-6754; 2-10-6757; 2-10-6765; 4-09-5623; 8-09-6019

 

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 March 31, 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 7-0.

 

Case #’s: 2-10-6695

 

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 March 14, 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 $250.00 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 7-0.

 

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-09-6362; 1-10-6605; 1-10-6606; 1-10-6612; 1-10-6630; 11-09-6479; 11-09-6484; 12-09-6577; 12-09-6591; 12-09-6592; 12-09-6601; 4-09-5606; 6-09-5826

 

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. Quiroga seconded the motion and the 

 

REQUEST FOR RELIEF

Case: 4-09-5613; 7-09-5963
>Owner: Citibank
Address: 173 NW 99 St.

 

Mr. Blanco, was there to present the case. The board asked several questions and after a discussion, Mr. Blanco proposed to pay $2,500.00 within 30 days. The proposed amount was denied due to lack of motion.

 

Case: 12-09-6567
Owner: Howard Stowe
Address: 79 NE 93 St.

 

Mr. Stowe was there to present the case. The board asked several questions and after a discussion, Mr. Stowe proposed to pay $250.00 within 10 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 7-0.

 

MINUTES

Mr. Asmus moved to accept February 4th 2010 minutes and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

NEXT MEETING

The next meeting will be on April 1, 2010.

 

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Vickers seconded it and the motion passed unanimously 7-0.