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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday MAY 3- 2012

 

CODE ENFORCEMENT BOARD MEETING MINUTES

 

   Thursday May 03, 2012

 

 

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 03, 2012, at the Miami Shores Village Hall. The meeting was called to order at

 

6:00 p.m. by Chairman, Manny Quiroga.

 

 

 

Roll Call.

 

Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo.

 

Absent/Excused: Robert Vickers.

 

Roll Call:

 

 

 

Richard Sarafan, Village Attorney

 

Anthony Flores, Supervisor, Code Enforcement

 

Mike Orta, Officer, Code Enforcement

 

                                               

 

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

 

 

 

FIRST HEARING

 

 

 

Chairman Quiroga stated that no one has showed for firt hearing. Addresses are not read with the understanding that no one in the room is present for first hearing.

 

 

 

Summary Adjudication for 1st Hearings:

 

 

 

Two cases 4-12-9801; 4-12-9802 have been continued by Officer Mike Orta.

 

 

 

Case #’s: 1-12-9468;1-12-9470;1-12-9471;1-12-9478;1-12-9520;2-12-9551;2-12-9563;2-12-9564;2-12-9565;2-12-9587;2-12-9618;2-12-9635;2-12-9654;2-12-9655;2-12-9660;2-12-9662;2-12-9663;3-12-9668;3-12-9701;3-12-9704;4-12-9801;4-12-9802;4-12-9804;4-12-9840;4-12-9841;4-12-9844;4-12-9845;8-11-8981.

 

 

 

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

 

 

 

Board Member Barry Perl asked about case 4-12-9804 ICUC Holdings Inc. and pool safety.

 

 

 

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 staff in the staff recommendations in this hearing and shall 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 respective daily amount specified in the staff recommendation for tonight hearing retroactive to the original compliance date which will constitute a lien on the property of the violator further with respect to each such case cost in the amounts specified in staff’s recommendation for tonight’s hearing are hereby assessed in order to recoup the village’s expenses in prosecuting the violations to date.

 

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

 

Motion passed unanimously.

 

 

 

 

 

 

 

 

 

PENALTY HEARINGS

 

 

 

 

 

Summary Adjudication for Penalty Hearings:

 

 

 

Officer Anthony Flores stated case 1-12- 9432 was continued and 5-11-8613 was closed.

 

 

 

Chairman Quiroga stated that no one has showed for penalty hearing. Addresses are not read with the understanding that no one in the room is present for first hearing.

 

 

 

 

 

Case #’s: 11-11-9179;11-11-9180;11-11-9228;1-12-9459;1-12-9460;1-12-9469;1-12-9475;1-12-9484;1-12-9493;3-12-9681;3-12-9682;3-12-9683;3-12-9684;3-12-9703.

 

 

 

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

 

 

 

 

 

Motion: Motion: 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.

 

 

 

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

 

Motion passed unanimously.

 

 

 

 

 

REQUEST FOR RELIEF

 

 

 

Case: 4-09-5579

 

Owner: Alexander & Karen Rundlet

 

Address: 113 NW 108 St.

 

 

 

Mr. Chairman gave a summary of the case. Owners for property were present to state case and informed why they did not complete the paper work on time and cure violation. Board members asked owners questions about time line and why it took so long to come into compliance. Offer to pay $300 within 90 days.

 

 

 

 

 

Motion: With regard to case 4-09-5579 I move that the board accept $300 within 90 days and release lien on this property and this property only. Action: Accept, Moved by Robert Swan, Seconded by John Patnik

 

Vote: Motion failed. (Summary: Yes = 2, No = 4, Abstain = 0).

 

Yes: John Patnik , Robert Swan

 

No: Barry Asmus, Bary Perl, Rod Buenconsejo, Manny Quiroga.

 

 

 

 

 

 

 

 

 

 

 

Case: 11-10-7905

 

Owner: Phyllis James

 

Address: 375 NW 111 Terrace

 

 

 

Mr. Chairman gave a summary of the case. Ms. James was present and explained that violation was not hers and debris tiles that were on her property were placed by her neighbor. Neighbor was present as well and stated that is was his garbage that ended up on his neighbor’s property. Board asked Mr. Fairweather and owner questions regarding violation. Offer to pay $50 within 14 days.

 

 

 

 

 

Motion: Accept offer of $50 payable within 14 days on this property and this property only. Action: Accept, Moved by Buenconsejo, Seconded by Barry Asmus.

 

Vote: Motion passed. (Summary: Yes = 5, No = 1, Abstain = 0).

 

Yes: John Patnik, Robert Swan, Barry Asmus, Rod Buenconsejo, Manny Quiroga.

 

No: Barry Perl

 

 

 

Case: 3-07-1852; 6-08-4336; 10-09-6471; 7-10-7430

 

Owner: Wells Fargo Bank, NA

 

Address: 49 NW 108 St.

 

 

 

Mr. Chairman gave a summary of the case. Avri Ben-Hamo was present on behalf of Bank and explained there was a title issue and legal possession wasn’t until June 2011, therefore it took a few months to come into compliance. Board members asked Mr. Ben-Hamo questions regarding offer and calculations. Offer to pay $7500 within 20 days.

 

 

 

 

 

Motion: Upon receipt of $7500 within 20 days that the lien on this property and this property only be released. Action: Accept, Moved by Barry Perl, Seconded by Robert Swan.

 

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

 

Yes: John Patnik, Robert Swan, Barry Perl, Manny Quiroga

 

No: Barry Asmus, Rod Buenconsejo.

 

 

 

 

 

Case: 2-09-5385; 2-09-5402; 1-10-6605; 1-10-6606

 

Owner: Jenner Philizaire

 

Address: 10904 NW 2nd Ave.

 

 

 

Mr. Chairman gave a summary of the case. Ms. Phillizare was present and stated her case. Board members asked questions Ms Phillizare questions. Staff recommends accepting offer. Offer to pay $1000 within 2 months.

 

 

 

 

 

Motion: With regards to cases 2-09-5385; 2-09-5402; 1-10-6605; 1-10-6606, move to accept offer of $1000 payable within in 2 months to release lien on this property and this property only. Action: Accept; Moved by Robert Swan, Seconded by Mr. Quiroga

 

Vote: Motion failed. (Summary: Yes =1 , No = 5, Abstain = 0).

 

No: John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.

 

Yes: Robert Swan

 

 

 

 

 

Case: 12-11-9338

 

Owner: Lisa Cantave

 

Address: 166 NW 98 St.

 

 

 

Mr. Chairman gave a summary of the case. Lisa Cantave was present to state case and gave familial background and issues that surrounded violations. Board members asked Ms. Cantave questions. Offer to pay $750 payable within 60 days.

 

 

 

Motion: Accept offer of $750 payable within 60 days and release lien on this property and this property only.

 

 

 

Barry Perl asked if Rod Buenconsejo can amend his motion to 90 days to allow Ms. Cantave more time.

 

 

 

Motion; amended to Accept offer of $750 payable within 90 days. Action: Accept; Moved by Rod Buenconsejo, Seconded by Barry Perl.

 

Vote: Motion Passed Unanimously.

 

 

 

 

 

MINUTES

 

Approve April minutes subject to vote clarification on case Maria Rosa;

 

Address: 1172 NE 103 St.

 

 

 

 

 

NEXT MEETING

 

The next meeting will be on June 06, 2012

 

 

 

 

 

ADJOURNMENT

 

May 03, 2012 Code Board meeting was adjourned.