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CODE ENFORCEMENT BOARD MEETING - OCTOBER 5, 2006

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Oct. 5, 2006, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman Barry Perl.

 

PRESENT

Barry Perl, Chairman

Barry Asmus arrived

John Patnick

John Busta

Robert Vickers

Manny Quiroga

Rod Buenconsejo

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Quiroga moved to accept minutes as they are Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion. 7-0.

 

ITEM II: FIRST HEARING

Summary Adjudication For 1st Hearings:
Case #’s:  2006-07151, 2006-07245, 2006-07253, 9-06-1118, 8-06-1027, 8-06-1026, 8-06-1025, 8-06-1020, 8-06-1018

Chairman Perl 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 motion passed unanimously 7-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 2006-06860, 2006-06861, 2006-06928, 2006-07282, 2006-07320, 2006-07349, 2006-07362, 2006-07365

Mr. Perl 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 vote was unanimous in favor of the motion 7-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2006-06882
Owner: Elinor Martin
Address: 70 NE 92 St.

The property owner, Mrs. Martin was there to present her case. Mrs. Martin stated she agreed with the violation but misunderstood when she needed to call Mike. The board questioned Mr. Orta, and Mrs. Martin. After discussion from the board Mrs. Martin proposed to pay $50.00 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: 4797, 4798, 4800
Owner: Lawrence Dion
Address: 8700 Biscayne Blvd.

Hue Howell, was there to present Mr. Dion’s case.  Mr. Howell stated property had been sold from Mr. Dion and agreed with the violations. The Board asked Mr. Howell several questions and after further discussion Mr. Howell proposed to pay $7,500.00 in 10 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1, Mr. Vickers said no.   

 

Case: 2005-06205
Owner: Taina Rosado
Address: 89 NW 110 St.

The property owners, family member, Myra Armis was there to present the case for Ms. Rosado. Ms. Armis stated she was here last month and her offer was denied. She would like to put this mess behind her and proposed to pay $6,000.00 in 30 days. After the Board questioned Ms. Armis, Mr. Quiroga made a motion to accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 6-1, Mr. Asmus voted no.

 

Case: 2006-07094
Owner: Gina Barroso & Kelly Mitchell 
Address: 175 NW 109 St.

The property owners, Ms. Barroso and Ms. Mitchell were there to present their case. Ms. Mitchell and Ms. Barroso disagreed with the violations. They stated they corrected the violations within the proper time frame but were robbed the day of inspection. They thought everything was ok because of the circumstances. The Board questioned Mr. Flores and the homeowners and after further discussion from the Board Ms. Mitchell proposed to pay $235.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Patnick seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

ITEM V. DISCUSSION

The Board discussed how to handle late arrivals within each phase of the meetings. Mr. Quiroga motioned to hear the case for relief for request in the order they arrive. Mr. Busta seconded the motion and the vote was unanimous in favor of the motion7-0. Mr. Perl moved to not hear any request for relief who has not shown and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0. The Board addressed each other’s behaviors concerning outbursts and tempers. The discussion ended with the Board voting on Mr. Vickers becoming chairman.

 

ITEM VI. NEXT MEETING

The next meeting will be on Nov. 2, 2006

 

ITEM VII. ADJOURNMENT

Mr. Busta made a motion for adjournment and Mr. Patnik seconded the motion. Motion passed 7-0. 

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