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CODE ENFORCEMENT BOARD MEETING MINUTES, October 2, 2008

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 2, 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. Sarafan swore in all those participating in the meeting.

FIRST HEARING

Case: 4-08-4153
Owner: John Tisdell
Address: 74 NE 111 St.
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 was there to present the case. Following discussion by the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Nov. 5, 2008 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 unanimous in favor of the motion 7-0.

Case: 4-08-4154
Owner: John Tisdell
Address: 74 NE 111 St.
Section: 520(h)(i)
Violations: Deteriorated Parking Area

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 was there to present the case. Following discussion by the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 520(h)(i) of the Miami Shores Village Code. The violator shall correct the violation by Nov. 5, 2008 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 unanimous in favor of the motion 7-0.

Summary Adjudication For 1st Hearings:

Case #’s: 12-07-3290; 3-08-3826; 6-08-4311; 6-08-4344; 7-08-4516; 7-08-4518; 7-08-4519; -08-4520; 7-08-4535; 7-08-4557; 7-08-4579; 8-08-4590; 8-08-4627; 8-08-4629; 8-08-4630; 8-08-4632; 8-08-4644; 9-08-4729; 9-08-4762

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. Perl made a motion for a summary adjudication of case 9-08-4765 to include a finding of fact and conclusion of law that a violation according to Section 401 of the Miami Shores Village Code exists as charged in the respective notice of violations issued therein and that, in each case, the offending party will correct the violation within two days, (October 4th 2008) 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 $250.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Asmus seconded the motion. The vote was in favor of the motion 6-1. Mr. Quiroga voted no.

Mr. Perl made a motion for a summary adjudication of case 7-08-4499; 8-08-4643; 9-08-4758 to include a finding of fact and conclusion of law that a violation according to Section 13-1 of the Miami Shores Village Code exists as charged in the respective notice of violations issued therein and that, in each case, the offending party will correct the violation within two days, (October 4th 2008) 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 100.00 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.

Mr. Perl made a motion for a summary adjudication of case 9-08-4723 to include a finding of fact and conclusion of law that a violation according to Section 12-103 of the Miami Shores Village Code exists as charged in the respective notice of violations issued therein and that, in each case, the offending party will correct the violation within five days, (October 7th 2008) 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 $100.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-07-2842; 2-08-3594; 2-08-3705; 4-08-4011; 4-08-4044; 4-08-4067; 4-08-4130; 4-08-4144; 5-07-2025; 5-08-4201; 6-08-4336; 6-08-4353; 6-08-4437; 6-08-4450; 6-08-4453; 7-08-4470; 7-08-4476; 7-08-4479; 7-08-4492; 7-08-4493; 7-08-4517; 7-08-4534

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. Buenconsejo 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: 2006-06865
Owner: Miami Shores Center LLC
Address: 9830 NE 2 Ave.

Mr. Kramer was there to present the case. The board asked several questions and after a discussion, Mr. Kramer proposed to pay $1,040.00 within 7 days. Mr. Quiroga 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.

Case: 2005-06010
Owner: Jessie Mesider
Address: 461 NE 93 St.

Mr. Demos was there to present the case. The board asked several questions and after a discussion, Mr. Demos proposed to pay $10,000.00 within 10 days. Mr. Quiroga 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.

Case: 4-08-4021
Owner: John Militana
Address: 8945 Biscayne Blvd.

Mr. Militana was there to present the case. The board asked several questions and after a discussion, Mr. Perl moved to accept $500.00 within 10 days. Mr. Asmus seconded the motion. The vote was in favor of the motion 4-3. Mr. Quiroga, Mr. Buenconsejo and Mr. Vickers voted no.

Case: 2006-07029
Owner: Country Wide (Matt Murray)
Address: 301 NE 96 St.

Mr. Murray a representative for Country Wide was there to present the case. The board asked several questions and after a discussion, Mr. Perl moved to accept $20,000.00 within 60 days and Mr. Buenconsejo seconded the motion. The vote was not in favor of the motion 3-4. Mr. Asmus Mr. Patnik, Mr. Quiroga and Mr. Vickers voted no.

Case: 1-08-3352; 1-08-3353
Owner: Arsenio Macareno
Address: 1237 NE 93 St.

Ms. Almanzer a representative for Keller Williams was there to present the case. The board asked several questions and after a discussion, Ms. Almanzer proposed to pay $12,000.00 within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted no.

Case: 4-08-3903; 4-08-3904
Owner: Vanessa Castro
Address: 142 NW 103 St.

Ms. Castro was there to present the case. The board asked several questions and after a discussion, Ms. Castro proposed to pay $1,000.00 within 30 days. Mr. Perl moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.

NEXT MEETING

The next meeting will be on November 6, 2008

ADJOURNMENT

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