LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday November 3, 2011

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 3, 2011, at the

Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

 

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

Absent/Excused: Rod Buenconsejo.

 

Also in attendance:


Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta, Officer, Code Enforcement

                                               

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

FIRST HEARING

 

Case-7-11-8746
Owner: Richard Criswell
Address: 32 NW 93 St
Section: 536/537
Violations: Pebbles/rocks used as ground cover. Landscape Design & Maintenance

 

 

Mr. Richard Criswell was present to testify, Mr. Criswell agreed to the violation, after brief discussion,   

Motion: to table the case to first meeting of 2012, Action: Table, Moved by Manny Quiroga, and Seconded by

Barry Perl. The motion passed 5-1. Mr. Asmus voted no.

 

Case-10-11-9054
Owner: Michael Patrick Whalen
Address: 10414 N Miami Ave
Section: 6-4(a)
Violation: Unauthorized construction; Brick pavers installed in rear yard without permits

 

The officer, Anthony Flores, explained the nature of the violation and testified the violation exists on the

property.  Mr. Whalen was there to present the case, Mr. Whalen was not sure if there is a violation being a

new homeowner.  Following discussion by the board,  Motion: for a finding of fact and a conclusion of

law that a violation exits according to Section 6-4(a) of the Miami Shores Village Code.  The violator shall

correct the violation by February 2, 2012 and immediately notify the Code Enforcement Officer. If the

violator has not corrected the violation by the specified time, the code enforcement officer may 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.  Cost in the amount of $30.00

is assessed to recoup the Village’s expenses in prosecuting the violations to date, Action: Approve,

Moved by Manny Quiroga, Seconded by Barry Asmus. The vote was in favor 5-1, Mr. Perl voted no.

 

Case: 8-11-8921
Owner: Robert Hawk (deceased)
Address: 30 NW 92 St
Section: 20-17; 536 (a (b); 537 (a)(3)(4)
Violation:  Failure to maintain parkway

 

The tenant, Gustavo Granados was to present the case. Mr. Granados explained Mr. Hawk passed

away October 2010 and the property was under the estate and the lawyer for the estate.  The Code

Enforcement Department asked that the case be continued to allow time for the estate of Robert

Hawk to be informed of the violation.   Motion: to continue case to December 1, 2011,

Action: Postpone; Moved by Barry Asmus, Seconded by Barry Perl. Motion passed unanimously.

 

  Summary Adjudication for 1st Hearings:


Case #’s: 2-11-8177; 2-11-8179; 2-11-8181; 5-11-8525; 5-11-8527; 6-11-8706; 6-11-8711; 6-11-8723;
6-11-8741; 8-11-8823; 8-11-8843; 8-11-8877; 8-11-8923;8-11-8944; 8-11-8964; 8-11-8965; 8-11-8966;
 9-11-8998; 9-11-8999

 

Chairman Vickers stated that no one has showed or check in for the remaining cases and asked if

 anyone else was present for the 1st hearing. No one was present.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of

violation exists in each of the files.

 

 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 December 1, 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 respective daily amount

specified in the staff recommendation for tonight hearing retroactive to the original compliance

deadline, also a $30.00 staff’s administrative fee. Action: Approve, Moved by Manny Quiroga,

Seconded by Robert Swan. Motion passed unanimously.

 

PENALTY HEARINGS

 

No one was present for penalty hearings.

 

Summary Adjudication:


Case #’s 2-11-8177; 2-11-8179; 2-11-8181; 5-11-8525; 5-11-8527; 6-11-8706; 8-11-8823; 8-11-8843;
8-11-8892; 8-11-8923; 8-11-8965; 8-11-8966; 9-11-8998;

 

Chairman Vickers stated that no one has showed or check in for the remaining cases and asked if

anyone else was present for the penalty hearing.  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.

 

 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: Approve,

Moved by Manny Quiroga, Seconded by Barry Perl.

Motion passed unanimously.

REQUEST FOR RELIEF

 

Case-10-06-1296
Owner: Burt & Marilyn Arkin
Address: 705 NE 95 St

  

Mrs. Arkin was there to present the case. The board asked several questions and after discussion,

Mrs. Arkin proposed to pay $100.00 within days. After further discussion  Motion: to

approve $100.00 within 5 days to release the lien on this property only. Action: Approve,

Moved by Manny Quiroga, Seconded by Robert Swan.   Vote: Motion failed

(summary: Yes = 3, No = 3, Abstain = 0). Yes: John Patnik, Robert Swan, Manny Quiroga.

No: Barry Asmus, Barry Perl, Robert Vickers.

 

Case: 11-10-7942
Owner: Biscayne 88 Terr LLC
Address: 8851 Biscayne Blvd (My Coin Laundry)

 

Mr. Bob Oransky & Elie Ouakil were there to present the case. The board asked several

questions and after a discussion, Mr. Ouakil proposed to pay $900.00 within 15 days.   

Motion: to approve $900.00 within 15 days to release the lien on this property only,

Action: Approve, Moved by Manny Quiroga, Seconded by Barry Perl. Motion passed

unanimously.

 

Case: 11-10-7938
Owner: Lucia Garcia
Address: 9426 NW 2 Pl

Jael Gastonovich & Lucia Garcia were there to present the case. The board asked several

questions and after a discussion, Mrs. Garcia proposed to pay $200.00 within 15 days.  

Motion: to approve $200.00 within 30 days to release the lien on this property only, Action:

Approve, Moved by Robert Swan, Seconded by Manny Quiroga.  Vote: Motion failed

(summary: Yes = 3, No = 3, Abstain = 0). Yes: Robert Swan, Manny Quiroga, Robert Vickers.

No: Barry Asmus, John Patnik, Barry Perl.

 

Case: 4-09-5606; 3-11-8341; 3-11-8343
Owner: Lynn Sammuli
Address: 510-512 NW 113 St

 

Lynn Sammuli was there to present the case.  The board asked several questions and after discussion,

Mr. Sammuli proposed to pay $2110.00 within 60 days.   Motion: to approve $2110.00 within 60

days to release the liens on this property only, Action: Approve, Moved by Robert Swan, Seconded

by Manny Quiroga.   Vote: Motion failed (summary: Yes = 3, No = 3, Abstain = 0).

Yes: Robert Swan, Manny Quiroga, Robert Vickers. No: Barry Asmus, John Patnik, Barry Perl.

 

MINUTES

 

October, 2011 minutes were approved unanimously.

 

NEXT MEETING

 

The next meeting will be on December 1, 2011.

 

There is no meeting January 2012.

 

ADJOURNMENT

 

November 3, 2011 Code Board meeting was adjourned.