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CODE ENFORCEMENT BOARD MEETING MINUTES, September 4, 2008

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 4, 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
ABSENT:
Valerie Bierley, Clerk

 

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

FIRST HEARING

Case: 2-08-3579
Owner: Mercedes Rodriguez
Address: 750 NE 96 St.
Section: 12-128
Violations: Weather/Water Tight Structures

The officer, Mike Orta 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. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-128 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. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

Summary Adjudication For 1st Hearings:

Case #’s: 10-07-2842; 12-07-3346; 2-08-3594; 2-08-3600; 2-08-3671; 2-08-3705; 4-08-3951; 4-08-4011; 4-08-4028; 4-08-4067; 4-08-4099; 4-08-4139; 4-08-4144; 5-08-4182; 5-08-4201; 6-08-4336; 6-08-4353; 6-08-4362; 6-08-4376; 6-08-4435; 6-08-4437; 7-08-4470; 7-08-4476; 7-08-4479; 7-08-4492; 7-08-4534; 7-08-4573; 7-08-4576

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

Mr. Quiroga made a motion for a summary adjudication of case 6-08-4450; 6-08-4453; 7-08-4493 and 7-08-4517 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 five days, (September 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 50.00 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 case 6-08-4434 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 five days, (September 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 $250.00 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 #: 3-08-3768; 3-08-3810; 3-08-3827; 4-08-3953; 4-08-3984; 4-08-3986; 4-08-4073; 4-08-4075; 4-08-4094; 4-08-4134; 4-08-4135; 4-08-4136; 4-08-4146; 5-08-4186; 5-08-4187; 5-08-4206; 5-08-4264; 6-08-4328; 6-08-4352; 6-08-4358; 6-08-4445

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

REQUEST FOR RELIEF

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

Ms. Dowson a representative for Keller Williams was there to present the case. The board asked several questions and after a discussion, Ms. Dowson proposed to pay $3,000.00 within 10 days. Mr. Perl moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimously in favor of the motion 7-0.

Case: 10-07-2827; 4-07-1905
Owner: Residential Credit Solutions
Address: 1160 NE 91 St.

The property realtor Ms. De La Ossa was there to present the case. The board asked several questions and after a discussion, Ms. De La Ossa proposed to pay $500.00 within 10 days. Mr. Patnik 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 October 2, 2008

ADJOURNMENT

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