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CODE ENFORCEMENT BOARD MEETING MINUTES, November 6, 2008

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 6, 2008, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

ROLL CALL  

PRESENTS: :
Barry Asmus
John Patnik
Rod Buenconsejo
John Busta
Barry Perl
Manny Quiroga

   

ALSO PRESENT :
Jorge Martinez , (acting) Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk

 

Mr. Martinez swore in all those participating in the meeting.

FIRST HEARING

Summary Adjudication For 1st Hearings:

Case #’s: 10-08-4927; 10-08-4934; 11-07-3202; 4-08-4101; 4-08-4108; 8-08-4640; 9-08-4735; 9-08-4747; 9-08-4751; 9-08-4754; 9-08-4770; 9-08-4792; 9-08-4808; 9-08-4815; 9-08-4816; 9-08-4819; 9-08-4826

Mr. 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 within the time period specified by the staff in the staff recommendations for these hearings, 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 12-07-3290; 7-08-4516; 7-08-4518; 7-08-4519; 7-08-4520; 7-08-4535; 7-08-4557; 8-08-4590; 8-08-4630; 8-08-4632; 8-08-4644; 9-08-4723

Mr. 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. Busta 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. Quiroga seconded the motion and the vote was unanimous in favor of the motion 7-0.

REQUEST FOR RELIEF

Case: 8-07-2535
Owner: US Bank NA TRS
Address: 188 NW 110 St.

Mr. Abbotoni was there to present the case. The board asked several questions and after a discussion, proposed to pay $5,040.00 within 14 days. Mr. Perl moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 7-0.

Case: 10-07-2978; 10-07-2979
Owner: James & Anna Leggett
Address: 30 NE 96 St.

Mrs. Legget was there to present the case. The board asked several questions and after a discussion, Mrs. Legget proposed to pay $200.00 within 5 days. Mr. Asmus moved to deny the proposed offer and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 2003-04629; 2005-06608; 4-07-1988
Owner: Coldwell Banker (Steve Epstein)
Address: 154 NW 111 St.

Mr. Epstein was there to present the case. The board asked several questions and after a discussion, Mr. Epstein proposed to pay $6,000.00 within 30 days. Mr. Asmus moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 4-3. Mr. Patnik, Mr. Perl and Mr. Buenconsejo voted no.

Case: 6-08-4445
Owner: Shores Villas Condominium Assoc.
Address: 8901 NE 4 Ave. Rd.

Mr. Olarte a Board member for the Association was there to present the case. The board asked several questions and after a discussion, Mr. Olarte proposed to pay $125.00 within 10 days. Mr. Buenconsejo moved accept to the proposed offer but the motion failed due to lack of second.

Case: 2005-06205; 4-07-1891; 12-07-3268
Owner: Avelo Mortgage, LLC.
Address: 89 NW 110 St.

Mr Deleon.a representative for Avelo Mrtg. was there to present the case. The board asked several questions and after a discussion, Mr. Deleon proposed to pay $4,500.00 within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 6-1 Mr. Vickers voted no.

Case: 2005-06097; 2005-06098; 2005-06099; 2005-06100
Owner: Silvio Orozco & Gioconda Mendieta / Katherine Chidaris
Address: 142 NW 100 St.

Ms. Asuncion was there to present the case. The board asked several questions and after a discussion, Ms. Asuncion proposed to pay $5,000.00 within 10 days. Mr. Buenconsejo moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 11-07-3160; 2-08-3549; 2-08-3591
Owner: Vincent Blefary
Address: 57 NE 93 St.

Mr. Blefary was there to present the case. The board asked several questions and after a discussion, Mr. Blefary proposed to pay $7,000.00 within 60 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1 Mr. Asmus voted no.

NEXT MEETING

The next meeting will be on December 4, 2008

ADJOURNMENT

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