LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 01,2012

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, November 1, 2012

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 01, 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: Robert Vickers, John Patnik, William Robert Smith,Barry Perl, Manny Quiroga.

Absent/Excused: Rod Buenconsejo, Barry Asmus.

 

 

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                               

All witnesses were sworn in by the Village Attorney, Richard Sarafan

 

FIRST HEARING

Summary Adjudication for 1st Hearings:

 

Chair recognizes that there is no one present for first hearings and reads the following addresses:

 

Case#’s:10-12-10501; 10-12-10505; 10-12-10506; 10-12-10508; 7-12-10203; 8-12-10232; 8-12-10236; 8-12-10237; 8-12-10238; 8-12-10276; 8-12-10307; 9-12-10327; 9-12-10434; 9-12-10435; 9-12-10436; 9-12-10437; 9-12-10438; 9-12-10459.

 

Case 6-12-10021 will be adjudicated separately.

 

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

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Robert Vickers

I move for summary adjudication of all such cases except case 6-12-10021 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 such case, the offending party shall correct the violation within the time period specified by Staff in the Staff recommendations for these hearings and 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 period, the Code Enforcement Officer may report this fact 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 amounts specified in Staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. Further, with respect to each such case, costs in the amounts specified in Staff’s recommendations for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.”

 

Motion passed unanimously.

 

PENALTY HEARINGS

 

Chair recognizes that there is no one present for penalty hearings.

 

Case #’s: 6-12-10043; 7-12-10149; 7-12-10152; 7-12-10153; 7-12-10155; 7-12-10219; 7-12-10225; 8-12-10246; 8-12-10254; 8-12-10296; 9-12-10321; 9-12-10323; 9-12-10381

 

Case 7-12-10124 has been continued by Officer Anthony Flores.

 

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

 

Summary Adjudication for Penalty Hearings:

 

Motion: Action: Accept, Moved by Robert Vickers Seconded by Barry Perl.

I move that, in each case currently remaining on the penalty docket for tonight’s hearing, 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 from the day the violation was to have been corrected. That upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.”

 

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case: 2-11-8185; 2-11-8186

Owner: Clyde Relick

Address: 29 NE 104 St.

 

Christopher Kelley was present along with Mr. Clyde Relick and gave background information regarding violations. Homeowners live out of state and house was inherited after father past away. Mr. Relick and his sister did not realize there was a lien on the home and when they did, they cured violation as quickly as possible. Board members asked questions. Offer to pay $4000 within 10 days.

 

I move that upon the receipt of $4000 payable in 10 days that the lien on this property and this property only is released.

 

Moved by Barry Perl, seconded by Robert Vickers.

Vote: Yes: Robert Vickers, John Patnik, Robert Smith, Barry Perl, and Chairman Quiroga.

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

 

Case: 10-06-1248

Owner: Judge Leland  

Address: 70 NE 97 St.

 

Mr. Leland was present and gave summary of case and mentioned he did not receive certified mail regarding violation and remedied violation without informing code officer. Board members asked Mr. Leland and code officer Mike Orta questions. Offer to pay 1500 payable within 10 days.

 

Move to accept the offer payable within 10 days and release this property and this property alone.

 

Moved by Robert Vickers. Seconded by Barry Perl.

Vote: Yes: Robert Vickers, Robert Smith, Barry Perl, and Chairman Quiroga.

No: John Patnik

Motion passed. (Summary: Yes =4, No =1, Abstain = 0).

 

Case: 4-10-6980; 8-11-8861

Owner: Miami Shores Center LLC

Address: 9820/9830 NE 2nd Avenue

 

Orit Mimoun was present on behalf of Miami Shores Center and gave summary of case and mentioned how they were not aware of violations and as soon as they became aware they remedied problems. Mr. Blaize tenant of office space that was in violation was present and mentioned he had two other partners that caused violations but he remedied violation by obtaining permits with city in order to come into compliance. Board members asked questions. Offer to pay $2500 payable 10 days.

 

I move that the village accept the $2500 proposed by Miami Shores Center LLC to satisfy the lien amount of $49,100, in exchange the village cancels the lien upon payment of the funds payable in 10 days.

 

Motion did not have a second.

Motion did not carry for lack of second.

 

 

Case: 4-11-8442; 4-11-8448

Owner: Michael Clay

Address: 141 NE 109 St.

 

Michael Clay was present and gave summary of case of why it took so long to come into compliance. Mr. Clay began the process of obtaining bids for a new front and back driveway and was in communication with the building department and recognizes error in not informing code officer of work being done. Board members asked questions. Offer to pay $800 payable within 30 days.

 

Move to accept $800 payable within 30 days and release lien on this property and this property only.

 

Moved by Robert Vickers, Seconded by Robert Smith

Vote: Yes: Robert Vickers, Robert Smith and Chairman Quiroga.

No: John Patnik, Barry Perl.

Motion passed. (Summary: Yes =3, No =2, Abstain = 0).

 

 

Case: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630

Owner: Louis Rosa and Maria Rosa

Address: 1172 NE 103 St.

 

Ileana, representative for Concorde Land Title services was present along with Maria Rosa and gave summary of what is transpiring with property in a possible foreclosure. Attorney gave summary of case. Board members asked questions. Offer to pay $2500 payable within 10 days

 

Move to accept offer of $2500 payable within 10 days and release property.

 

 

Moved by Robert Vickers, Seconded by John Patnik

Vote: Yes: Robert Vickers, John Patnik, Robert Smith and Chairman Quiroga.

No: Barry Perl.

Motion passed. (Summary: Yes =4, No =1, Abstain = 0).

 

Case: 5-12-9949

Owner: George Davitan

Address: 85 NW 102 St.

 

George Davitan and contractor Carlton Crawl were present to state case about an expired permit. Contractor gave background of information of why it took so long to close permit. Board members asked questions. Offer to pay $100 in 10 days.

 

Upon receipt of $300 payable within 30 days release this property and this property only.

 

Moved by Barry Perl, seconded by Robert Vickers.

Vote: Yes: Robert Vickers, John Patnik, Robert Smith, Barry Perl, and Chairman Quiroga.

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

 

Case: 2-08-3707

Owner: Marie Petit-Frere

Address: 174 NW 98 St.

 

Ashley Severe son in law was present and spoke on behalf of owner Marie Petit- Frere. Mr. Severe mentioned owner Mr. Joseph Petit Frere, now deceased pulled a permit to pain house and thought it would be okay to paint roof under same permit since roof was dirty and cleaned but did not look good. When he became of aware of violation and lien he did was under personal duress and did not give matter appropriate attention. Mr. Severe cousin in the last couple of months remedied violation and has maintained property. Board members asked questions. Officer Orta gave summary of case. Offer to pay $500 payable within 30 days.

 

Move to accept offer of $500 payable within 30 days.

 

Moved by Robert Vickers, Seconded by Robert Smith.

Vote: Yes: Robert Vickers, Robert Smith.

No: John Patnik, Barry Perl, Chairman Quiroga.

Motion failed. (Summary: Yes =2, No =3, Abstain = 0).

 

 

Case: 1-10-6603

Owner: Aimee Santos

Address: 40 NE 95 St.

 

Aimee Santos and her nephew were present to state case against an inoperable vehicle parked on property. Ms. Santos mentioned that the property is being rented and renters did not give her accurate information regarding violation. She was under the impression that there was no problem on property because renters explained that village told them if they covered inoperable car then that would be okay. Board members asked questions. Offer to pay $500 payable by next Tuesday the 6th of November.

 

I move respect to this case that upon receipt of $1500 within 60 days that the lien on this property and this property only be released.

Moved by Barry Perl and Seconded by John Patnik.

 

Discussion by board. Attorney gives council to wording on release of lien.

 

Motion amended to reflect release of lien completely.

(Chair explained in Spanish motion to owner Aimee Santos).

 

Vote: Yes: John Patnik, Robert Smith, Barry Perl, and Chairman Quiroga.

No: Robert Vickers.

Motion passed. (Summary: Yes =4, No =1, Abstain = 0).

 

Case: 3-10-6948

Owner: Alex and Ellen Bonet

Address: 1361 NE 104 St.

 

Mrs. Ellen Bonet was present and gave summary of case and in order to close dock permit she needed to go through Planning and Zoning to get approval which took about 6 months. Next they were sent to DERM and after 6 more months were told they had to go to South Florida Water Management in West Palm Beach. Process was well documented and took a long time to come into compliance because of 3rd parties involved. Board members asked questions. Offer to pay $500 payable within 10 days.

 

Motion that village accept $500 as payment in full of the $39,800 lien and the lien on this property be released.

 

Moved by Robert Smith, Seconded by John Patnik

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

 

Case: 2-11-8117; 2-11-8118

Owner: Stanley Summer

Address: 408 Grandconcourse

 

Stanley Summer was present and stated case about not receiving certified mail and went to post office before meeting to do some research and they informed him that mail stayed at post office and never left site to be delivered. Mr. Summer acknowledge he had a violation but would have requested more time if he knew that a lien would be placed on property. Board members asked questions. Offer to pay $600 payable within 10 days.

 

Move to accept $600 payable within 10 days and release lien.

 

Moved by Barry Perl, seconded by Robert Smith.

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

 

Case: 2-12-9589

Owner: Patricia Rodriguez

Address: 246 NE 105 St.

 

Patricia Rodriguez was present and stated she was aware of violation but needs to get a new roof. Officer Anthony Flores gave Ms. Rodriguez extensions but too much time had passed and roof continued to need cleaning. Ms. Rodriguez said she did receive notification but did not put much effort in remedying violation. Offer to pay $200 payable within 10 days.

 

I move that upon receipt of $400 within 60 days that the lien be released.

 

Moved by Barry Perl, Seconded by Robert Vickers

Motion amended to reflect payment within 120 days. No second.

 

Motion reverted back to original proposed amount of $400 payable within $60 days.

Moved by Barry Perl, Seconded by Robert Vickers

 

Vote: Yes: Robert Vickers, Barry Perl.

No: John Patnik, Robert Smith, and Chairman Quiroga.

Motion denied. (Summary: Yes =2, No =3, Abstain = 0).

 

 

FIRST HEARING

 

Case: 6-12-10021

Owner: Juan Carlos Piedrahita or Current Owners

Address: 925 NE 91 Terrace

Violation: 8-5 Miami Dade, Pool –Unsafe Structures

Violation: 12-108, Insect and Rodent Harborage

 

 

Motion: Action: Accept, Moved by Robert Vickers, Seconded by John Patnik.

With respect to case(s) 6-12-10021 : I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 8-5 and 12-108 of the Miami Shores Village Code. The offending party shall correct all such violations in 3 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $ 250   a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Motion passed unanimously.

 

 

Motion to approve October Minutes.

Moved by John Patnik, Seconded by Robert Smith.

 

 

NEXT MEETING

The next meeting will be on December 06, 2012.

 

 

ADJOURNMENT

November 01, 2012 Code Board meeting was adjourned.