LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday May 6th, 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 6th, 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 Village Attorney, Mr. Suarez.



FIRST HEARING

Case: 4-10-6958
Owner: Alvaro Morales            
Address: 833 NE 96 St.
Section: 520(a)
Violations:  Commerical Vehicles

 

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. Morales 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 existed according to Section(s) 520(a) of the Miami Shores Village Code. The violator shall correct the violation by May 7, 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 $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. Asmus seconded the motion. The vote was in favor of the motion 6-1, Mr. Swan voted no.

 

Case: 3-10-6844
Owner: Sidney Reese Jr.             
Address: 9655 Biscayne Blvd.
Section: 12-133
Violations:  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, Mr. Reese 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) 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Aug 4, 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 $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 6-1, Mr. Vickers voted no.

 

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 still 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. Swan moved to extend this case until June 3, 2010. Mr. Asmus seconded the motion. The vote was in favor of the motion 5-2, Mr. Perl and Mr. Buenconsejo voted no.

 

Summary Adjudication For 1st Hearings

Case #’s: 1-10-6653; 1-10-6654; 11-09-6540; 2-10-6679; 2-10-6688; 2-10-6746; 2-10-6747; 2-10-6776; 2-10-6777; 2-10-6788; 3-10-6799; 3-10-6809; 3-10-6812; 3-10-6813; 3-10-6814; 3-10-6815; 3-10-6840; 3-10-6841; 3-10-6866; 3-10-6882; 3-10-6883; 3-10-6940; 3-10-6941; 3-10-6948; 4-10-6952; 4-10-6954; 4-10-6960; 4-10-6963; 4-10-6964; 4-10-6966; 4-10-6983; 4-10-6984; 4-10-6985; 7-08-4567

 

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 3, 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.

 

PENALTY HEARINGS

Case: 8-09-6067
Owner: George Sidney Pickard             
Address: 869 NE 98 St.

 

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. The property owner was there to present his case. Following discussion by the board Mr. Buenconsejo made a motion to adjudicate the previously imposed fines. Mr. Perl seconded the motion and the vote was in favor of the motion 5-2. Mr. Swan and Mr. Quiroga voted no.

Summary Adjudication:

 

Case’s #: 2-10-6734; 2-10-6766; 3-10-6861; 3-10-6862; 3-10-6867; 3-10-6873; 4-09-5633

 

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: 5-09-5749
Owner: George Davitian
Address: 85 NW 102 St.

 

Mr. Davitian was there to present the case. The board asked several questions and after a discussion, Mr. Davitian proposed to pay $1,000.00 within 10 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only, and Mr. Swan seconded the motion. The vote was not in favor of the motion 3-4. Mr. Asmus, Mr. Patnik, Mr. Perl and Mr. Quiroga voted no.

 

Case: 10-08-4934
Owner: Duby Avila
Address: 45 NW 103 St.

 

Mrs. Avila was there to present the case. The board asked several questions and after a discussion, Mrs. Avila proposed to pay $1,000.00 within 30 days. The proposal was denied due to lack of motion.

 

Case: 9-07-2588
Owner: Marie DeLaPlane
Address: 9400 NW 2 Ave.

 

Mrs. De LaPlane, was there to present the case. The board asked several questions and after a discussion, Mrs. De LaPlane 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, Mr. Asmus seconded the motion and the vote was unanimous with the motion 7-0.

 

Case: 5-09-5735
Owner: Kris Kachaturian
Address: 360 NE 103 St.

 

Mr. Kachaturian was there to present the case. The board asked several questions and after a discussion, Mr. Kachaturian proposed to pay $0.10 within 10 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 not in favor of the motion 5-2. Mr. Buenconsejo and Chairman Vickers voted yes.

 

Case: 7-07-2413; 7-07-2383
Owner: Jaime Gross Trustee
Address: 38 NW 108 St.

 

Mr. Gross was there to present the case. The board asked several questions and after a discussion, Mr. Gross proposed to pay $4,000.00 within 10 days. Mr. Quiroga moved to accept the proposed amount for release of the above referenced property only, Mr. Perl seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

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 $1,000.00 within 10 days. The proposal was denied due to lack of motion.

 

MINUTES

Mr. Asmus moved to accept April 1st, 2010 minutes and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

NEXT MEETING

The next meeting will be on June 3, 2010.

 

ADJOURNMENT

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