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CODE ENFORCEMENT BOARD MEETING - SEPTEMBER 6, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 6, 2007, 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 

Barry Asmus  (arrived at 6:30)

John Patnik

Rod Buenconsejo

Barry Perl

Manny Quiroga

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk

ABSENT

John Busta        

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Perl moved to approve May 3, 2007 minutes. Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0. Mr. Buenconsejo moved to approve Aug. 2, 2007 minutes. Mr. Patnik seconded the motion and the vote was unanimous in favor of the motion 6-0.

 

ITEM II: FIRST HEARING 

Case: 7-07-2462
Owner: Bernice Almodovar                                         
Address: 182 NW 95 St.
Section 521(b)(1)d
Violations:  Parking on grass

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’s son Mr. Almodovar, was there to present the case. He did agree there was a violation.   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 521(b)(1)d of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2007 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 weather 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 in favor of the motion 4-1, Mr. Patnik voted no.

 

Case: 7-07-2463
Owner: Bernice Almodovar                                         
Address: 182 NW 95 St.
Section 13-1
Violations:  Storage of inoperable motor vehicles

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’s son Mr. Alomodovar was there to present the case. He agreed there was a violation. Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 in the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2007 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 weather 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 5-0.

 

Case: 7-07-2435
Owner: Charles Orlandi                                   
Address: 9734 NE 2 Ave.
Section 13-1; 501(w)
Violations:  Storage of inoperable motor vehicles; Prohibited outdoor storage.

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, Charles Orlandi did not attend the meeting. Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1; 501(w) of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2007 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 weather 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 in favor of the motion 5-1 Mr. Patnik voted no.

 

Case: 7-07-2444
Owner: Pierre & Anette Succes                       
Address: 75 NW 110 St..
Section 13-1
Violations:  Storage of inoperable motor vehicles

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 owners, Mr. & Mrs. Success did not attend the meeting. Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2007 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 weather 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 in favor of the motion 5-1 Mr. Patnik voted no.

 

Case: 7-07-2519
Owner: Teresa & Michael Roberts                   
Address: 279 NE 96 St..
Section 13-1
Violations:  Storage of inoperable motor vehicles

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 owners, Mr. & Mrs. Roberts did not attend the meeting. Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2007 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 weather 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 in favor of the motion 5-1 Mr. Patnik voted no.

 

Case: 7-07-2517
Owner: Amerilending Funding Corp.                
Address: 41 NW 109 St.
Section: 12-108
Violations:  Insect and rodent harborage

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 owners, Amerilending Funding Corp. did not attend the meeting. Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-108 of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2007 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 weather 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 $150.00 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 5-1 Mr. Patnik voted no.

 

Summary Adjudication For 1st Hearings:
Case #’s:  1-07-1534; 4-07-1946; 6-07-2291; 7-07-2368; 7-07-2383; 7-07-2384; 7-07-2385; 7-07-2386; 7-07-2390; 7-07-2408;7-07-2475; 7-07-2482; 7-07-2483; 7-07-2499; 7-07-2501; 7-07-2509; 7-07-2516; 7-07-2518; 7-07-2520; 8-07-2535; 8-07-2538; 8-07-2560

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 6-0.

 

ITEM III: PENALTY HEARINGS

Case: 6-07-2318
Owner: Esteban Michelin                                 
Address: 501 NE 102 St.

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. The owner Esteban Michelin was there to present the case. The Board questioned Mr. Michelin and Mr. Flores and after a discussion, Mr. Quiroga made a motion to continue the case for 60 days. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion 6-0.

 

Summary Adjudication:
Case’s #: 3-07-1737; 3-07-1844; 4-07-1881; 4-07-1922; 4-07-1925; 4-07-1926; 5-07-2037; 5-07-2205; 6-07-2314; 6-07-2332; 6-07-2340; 7-07-2360; 7-07-2378; 7-07-2413; 9-06-1100

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 6-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2000-01454
Owner: Linton Hugh Dawkins
Address: 154 NW 97 St.

The property owner Mr. Dawkins was there to present his case. The board asked several questions and after a discussion, Mr. Dawkins proposed to pay $0.01 within 10 days. Mr. Patnik moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-06560
Owner: Hassan Benjelloon
Address: 230 NE 107 St.

The property owner Mr. Benjelloon was there to present his case. The board asked several questions and after a discussion, Mr.

Benjelloon proposed to pay $1,000.00 within 10 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was not in favor of the motion 3-3. Mr. Vickers, Mr. Asmus and Mr. Patnik voted no.

   

Case: 2000-00802
Owner: Magdalene Williams
Address: 191 NW 98 St.

The property owner Mrs. Williams was there to present her case. The board asked several questions and after a discussion, Mrs.

Williams proposed to pay $100.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded

the motion. The vote was not in favor of the motion 3-3. Mr. Perl, Mr. Vickers and Mr. Patnik voted no.

 

Case: 2000-00652
Owner: Ana & Wilfredo Rivera
Address: 9800 N. Miami Ave.

The property owner Mrs. Rivera was there to present her case. The board asked several questions and after a discussion, Mrs. Rivera proposed to pay $60.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-05497
Owner: Frantz Duval
Address: 345 NW 111 Terr.

The property owner Mr. Duval was there to present his case. The board asked several questions and after a discussion, Mr. Duval proposed to pay $100.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.  

 

Case: 2005-05917
Owner: Paul Mosheim
Address: 1098 NE 96 St.

The property owner Mr. Mosheim was there to present his case. The board asked several questions and after a discussion, Mr. Mosheim proposed to pay $100.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 12-06-1436; 12-06-1438
Owner: April Malmsteen
Address: 1009 NE 99 St.

The property owner’s realtor, Ed Brill was there to present the case. The board asked several questions and after a discussion, Mr. Brill proposed to pay $100.00 within 10 days. Mr. Patnik moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-05451
Owner: Salnave Pierre
Address: 245 NE 96 St.

The property owner Mr. Pierre was there to present his case. The board asked several questions and after a discussion, Mr. Pierre proposed to pay $500.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was not in favor of the motion 3-3. Mr. Vickers, Mr. Quiroga and Mr. Buenconsejo voted no.

 

Case: 12-06-1462
Owner: Susana Andino
Address: 58 NW 98 St.

The property owner’s brother Ariel Morales was there to present the case. The board asked several questions and after a discussion, Mr. Morales proposed to pay $202.50 within 20 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2002-02260
Owner: Yvan Frederic
Address: 9325 NW 2 Ct.

The property owner Mr. Frederic was there to present his case. The board asked several questions and after a discussion, Mr. Frederic proposed to pay $300.00 within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2006-06800
Owner: Calvin Harris & Abdulsamad Mukhtan
Address: 15 NE 104 St.

The property owner Mr. Mukhtan was there to present his case. The board asked several questions and after a discussion, Mr. Mukhtan proposed to pay $10.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-05481
Owner: Donna Hughes
Address: 10414 N Miami Ave.

The property owner’s friend Denis Yaniz was there to present the case. The board asked several questions and after a discussion, Mr. Yaniz proposed to pay $50.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2003-04373; 2005-06445; 2006-07256
Owner: Mario Rodriguez
Address: 1020 NE  99 St.

The property owner Mr. Rodriguez was there to present his case. The board asked several questions and after a discussion, Mr. Rodriguez proposed to pay $2,275.00 within 60 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 5-1. Mr. Vickers voted no.

 

Case: 1-07-1488; 1-07-1553
Owner: Wells Fargo
Address: 9150 N Bay Shore Dr. 

An agent from Wells Fargo, Mr. ? was there to present the case. The board asked several questions and after a discussion, Mr. proposed to pay $1,250.00 within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

ITEM V. NEXT MEETING

The next meeting will be on Oct. 4, 2007

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Vickers seconded it and the motion passed unanimously 6-0. 

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