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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday November 4th 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 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

Manny Quiroga

Barry Perl

Rod Buenconsejo

John Patnik

Barry Asmus

Robert Swan


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: 10-10-7825
Owner: Rose DiLella 
Address: 101 NE 102 St.
Section: 520(a)
Violations:  Commercial Vehicles.

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation existed on the property and is requesting this case be heard for a future repeat order if necessary.  No one 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 Code Enforcement Officer may also report back to the board for a repeat order and the board may then assess a fine against the violator. This will constitute a lien on the property of the violator. Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 8-10-7571
Owner: Shores Plaza Condo                                      
Address: 745 NE 91 St.
Section: 8-11(f)(ii) 1 & (iv) 1-5 (Miami fl bldg. code.)
Violations:  Recertification of buildings and components.

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Members of the association were 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) 8-11(f)(ii) 1 of the Miami Shores Village Code & (iv) 1-5 (Miami fl bldg. code.). The violator shall correct the violation by May 4, 2011 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. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1, Mr. Swan voted no.

 

Case: 8-10-7572
Owner: Presbyterian Church                                     
Address: 602 NE 96 St.
Section: 8-11(f)(ii) 1 & (iv) 1-5 (Miami fl bldg. code.)
Violations:  Recertification of buildings and components.

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mr. Kenchin was there to present the case. Following discussion by the Board, Mr. Asmus moved for a thirty day continuance. Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 9-09-6195
Owner: Mark & Cheryl Sell
Address: 10618 NE 11 Ave.
Section: 12-128
Violations:  Weather / Water tight Structures

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation exists on the property. Pictures were submitted as evidence. Mr. Sell was there to present the case. Following discussion by the Board, Mr. Buenconsejo moved for a continuance to Dec. 4, 2010 meeting. Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1, Chairman Vickers voted no.

 

Case: 8-10-7602
Owner: Sonia Laroussi / Gustavo De La Torres
Address: 142 NW 111 St.
Section: 12-133; 20-31
Violations:  Unsightely Fascia, Soffit, House Exterior; Failure to Maintain Sidewalk

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation exists on the property. Pictures were submitted as evidence. Ms. Laroussi 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(s12-133 and 20-31 of the Miami Shores Village Code. The violator shall correct the violation by Jan. 5, 2011 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Summary Adjudication For 1st Hearings

 

Case #’s: 10-10-7777; 10-10-7816; 10-10-7832; 8-10-7542; 8-10-7595; 8-10-7596; 8-10-7613; 9-10-7617; 9-10-7618; 9-10-7684; 9-10-7685; 9-10-7686; 9-10-7709; 9-10-7711; 9-10-7712; 9-10-7713;

 

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 exists 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 December 1, 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: 8-10-7586
Owner: Miami Shores Baptist Church 
Address: 370 Grand Concourse

 

The officer, Anthony Flores, testified that violations still existed on the property. Mr. Miller was there to present his case. Following discussion by the board Mr. Asmus made a motion to continue to Dec. 2, 2010 meeting. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

Summary Adjudication:


Case #’s 1-10-6643; 2-10-6769; 2-10-6771; 5-10-7187; 5-10-7209; 6-10-7247; 6-10-7302; 6-10-7308; 6-10-7338; 7-10-7358;  7-10-7361; 7-10-7393; 7-10-7430; 7-10-7450; 7-10-7454; 7-10-7502; 8-10-7533; 8-10-7540; 8-10-7541; 8-10-7544; 8-10-7553; 8-10-7554; 8-10-7574; 8-10-7575; 8-10-7587; 8-10-7588; 8-10-7603; 9-10-7619; 9-10-7625; 9-10-7629; 9-10-7630; 9-10-7633; 9-10-7634; 9-10-7649

 

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: 5-07-2147; 5-07-2149; 5-07-2150
Owner: Citi Financial (Karen Black-Barron)
Address: 10540 NW 2 Ave.

Karen Black-Barron was there to present the case. The board asked several questions and after a discussion, Mr. Black- proposed to pay $10,000.00 within 45 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.

 

Case: 10-08-4934
Owner: Duby Avila (Mariel Healy, Owner’s sister)
Address: 45 NW 103 St..

 

Ms. Healy, was there to present the case. The board asked several questions and after a discussion, Ms. Healy proposed to pay $3,000.00 within 30 days. Mr. Asmus moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0

 

Case: 12-08-5146; 5-09-5739
Owner: JP Morgan Mortgage Acquisition corp. (Nick Koltay)
Address: 530 NE 96 St.

 

Mr. Koltay was there to present the case. The board asked several questions and after a discussion, Mr. Perl moved upon receipt of $5,000.00 within 60 days will release the above reference property only. Mr. Buenconsejo seconded the motion and the vote was in favor of the motion 5-2. Mr. Swan and Mr. Quiroga voted no.

 

Case: 8-09-6128
Owner: Joan Rosenberg
Address: 9816 N Miami Ave.

 

Ms. Rosenberg, was there to present the case. The board asked several questions and after a discussion, Ms. Rosenberg proposed to pay $200.00 within 5 days. Mr. Swan moved to accept the proposed amount for release of the above referenced property only. The offer was denied due to lack of second.

 

Case: 4-09-5687; 4-09-5688
Owner: Nationstar Mortgage LLc (Craig Rogers)
Address: 581 NW 113 St.

 

Mr. Rogers was there to present the case. The board asked several questions and after a discussion, Mr. Rogers proposed to pay $2,500.00 within 45 days. The offer was denied due to lack of motion.

 

MINUTES

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

 

NEXT MEETING

The next meeting will be on December 2nd, 2010.

 

ADJOURNMENT

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