LimeBike Memorandum of Understanding

Code Enforcement Board Meeting Septemeber 4, 2014

CODE ENFORCEMENT BOARD MEETING MINUTES 

   Thursday, September 4, 2014 

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 4, 2014, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

 

Roll Call. 

Present: Robert Vickers, Barry Asmus, John Patnik, Bob Smith, Manny Quiroga 

Absent: Rod Buenconsejo, Barry Perl

 

Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth, the whole truth and nothing but the truth.  

 

In Attendance 

Anthony Flores, Supervisor, Code Enforcement  

Mike Orta, Officer, Code Enforcement 

Richard Sarafan, Village Attorney

 

 

 

FIRST HEARING

 

Case-8-14-13014 

Thomas Frell III 

166 NW 100 Ter 

Code Sec. 12-133, 12-82

 

Mike Orta presented his case. Mr. Frell agreed to the violation. Mr. Frell testified that the property is being foreclosed and is financially unable to maintain the property. The property is currently vacant. The board asked question. 

 

Motion:With respect to case 8-14-13014 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-82; 12-133 of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 per violation a day thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Barry Asmus, seconded by John Patnik 

Vote: Passed unanimously 

 

 

Case-7-14-12947 

Abdul Mukhtar & Camille Harris 

15 NE 104 St 

Code Sec.: 12-103; 12-81; 12-128; 12-192; 12-195; 12-133; 12-155

 

Anthony Flores presented his case and the multiple violations. Mr. Mukhtar agreed to the violations, he explained the reason why work has fully commenced and he is starting slowly to work on the property with financial help from friends and family. Suraj Adebisi the contractor on record testified on the finances regarding the construction work of this property. The board asked questions. There was discussion regarding the violations

 

With respect to case(s): 7-14-12947 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-103,-12-81, 12-128, 12-192, 12-195, 12-133, 12-155 of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 a day per violation thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date. 

 

Moved by Manny Quiroga, seconded by Barry Asmus 

Vote: Passed unanimously 

 

 

Case 7-14-12948 

Abdul Mukhtar & Camille Harris 

15 NE 104 St 

Code Sec. 20-17; 536(a)(b); 537(a)3,4(g,h,i)

 

Anthony Flores presented the case. Mr. Mukhtar understood the violations.  Mr. Mukhtar explained that he would like concentrate on the work inside of the house and will do what he can to protect whatever existing landscaping there is. The board asked questions and discussed the case.

 

With respect to case(s): 7-14-12948 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 20-17; 536(a,b); 537 (a)3,4(g,h,i) of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 a day per violation thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Manny Quiroga, seconded by Bob Smith 

Motion passes (Summary: Yes = 3, No = 2, Abstain = 0). 

Yes: Bob Smith, Manny Quiroga, Chairman Robert Vickers. 

No: Barry Asmus, John Patnik.

 

Summary Adjudication for 1st Hearings: Case(s) 5-14-12739; 614-12814; 7-14-12898; 7-14-12899; 7-14-12895; 7-14-12937; 7-14-12940; 7-14-12941; 7-14-12943; 7-14-12944; 7-14-12945; 7-14-12946; 7-14-12950; 8-14-13019; 8-14; 13021; 8-14-13045

 

MOTION: I move for 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 such case, the offending party shall correct the violation within time period specified and 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 period, the Code Enforcement Officer may report this fact 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 respective daily amounts specified in Staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. Further, with respect to each such case, costs in the amounts specified in Staff’s recommendations for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.”

 

Moved by Bob Smith, seconded by Barry Asmus 

Motion approved unanimously

 

 

PENALTY HEARING 

 

No one present for penalty hearings

 

Summary Adjudication for Penalty Hearings: Case #’s:11-13-12106; 2-14-12338; 2-14-12345; 4-14-12563; 5-13-11311; 5-14-12668; 5-14-12669; 5-14-12720; 5-14- 12721; 5-14-12722; 5-14-12723; 6-14-12774; 6-14-12775; 6-14-12835; 6-14-12838; 6-14-12839; 6-14-12840; 7-14-12864; 7-14-12869

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion:I move that, in each case currently remaining on the penalty docket for tonight’s hearing, 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 from the day the violation was to have been corrected, that upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.

 

Moved by Bob Smith, seconded by Barry Asmus 

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case(s): 11-06-1330; 11-06-1331; 4-08-4144 

Owner: B & L Realty 

Address: 101 NE 110 St

 

Attorney Eric Stein and property owner Marie Duron were present. Chairman Vickers summarized the Request for Relief. Chairman Vickers had a question regarding a previous request for $18,000 that was accepted. Staff explained the previous accepted request. Mr. Stein further explained the previous accepted request. The board asked question. Mr. Asmus stated he looked up the property on public records. Mrs. Duron explained why the property is being listed instead of a family member residing in the property. Mr. Stein amended there offer to $2,500.00 payable within 30 days.

 

Motion: $ 2,500 payable within 30 days 

Moved by Manny Quiroga, seconded by Robert Vickers  

Vote: 3-2 Approved (yes = 3; no = 2) 

Yes: Manny Quiroga, Bob Smith, Robert Vickers 

No: Barry Asmus, John Patnik 

 

Case(s): 3-11-8274; 3-11-8277 

Owner: Patrick Lubin / Laramise Monestime 

Address: 11121 NW 6 Ave

 

Mr. Lubin and Ms. Monestime were present. Chairman Vickers summarized Request for Relief. Mrs. Monestime explained the financial hardship she is incurring during the time of the violations. Ms. Monestime stated she rents the property. Ms. Monestime also stated she has evicted several tenants during this time. Ms. Monestime stated her deceased husband enclosed the screen enclosure several years ago. Mr. Vickers asked, “Who was residing in the property from June 2011 and June 2013?” Ms. Monestime answered part of the property is rented and her son and mother were living in the other part (duplex). The board asked questions. Ms. Monestime offered to pay $5,000 payable within 90 days. The board discussed the motion.

 

Motion: $5,000 payable within 90 days 

Moved by Bob Smith, seconded by Robert Vickers 

Vote: 3-2 Denied (No = 3; Yes = 2) 

Yes: Bob Smith, Robert Vickers 

No: Barry Asmus, John Patnik, Manny Quiroga

 

Cases: 5-14-12748 

Owner: Richard Boullon 

Address: 85 NW 102 St

 

Mr. Boullon was present. Mr. Boullon stated his offer. The board asked questions. Mr. Boullon offered to pay $50.00 payable within 10 days.

 

Motion: $50.00 payable within 10 days 

Moved by Manny Quiroga seconded by Bob Smith 

Motion passed unanimously 

 

Case(s): 12-11-9360; 5-11-8612  

Owner: Jennifer Beinstock 

Address: 275 NE 105 St

 

Ms. Beinstock was present. Chairman Vickers summarized request for relief. Mr. Vickers asked question regarding why the amount of the fines were reduced. Ms. Beinstock explained what happened during the violation. Ms. Beinstock explains she resides at 275 NE 105 St, Miami Shores and the lien is affecting a short sale for a property she co-owns with a second party. Ms. Beinstock offered to pay $750.00 payable within 30 days.

 

Motion: $750.00 payable within 30 days 

Moved by Rod Buenconsejo seconded by Bob Smith 

Vote: 4-1 approved (Yes = 4; No = 1) 

Yes: John Patnik, Bob Smith, Manny Quiroga Robert Vickers 

No: Barry Asmus 

 

Case: 12-11-9403; 6-10-7245; 6-10-7246 

Owner: Norah Schafer 

Address: 47 NE 93 St

 

Attorney Christopher Kelly representing Norah Schafer, Mr. Vickers had some questions regarding last month’s request. Mr. Asmus explained what occurred last month. Mr. Vickers summarized the request for relief. Mr. Kelly explained what occurred with the ownership of the property up to when Ms. Schafer acquired the property. Mr. Kelley then explained what occurred with the violations. Mr. Vickers asked if she owns any other properties in Miami. Mr. Kelly explained she may co-own a property with her son in Biscayne Park but does not reside there. Mr. Sarafan asked Mr. Kelly some questions. The board made some statements regarding Ms. Schafer past experience as a professional realtor and asked question regarding her present state. Mr. Kelly amended his offer to $10,000 payable within 30 days. 

 

Motion: $10,000 payable within 30 days 

Moved by Bob Smith, Seconded by Robert Vickers 

Motion passed unanimously 

 

MINUTES

 

Code Enforcement Board August 2014 minutes were approved. 

 

Moved by Barry Asmus seconded by Bob Smith 

Approved unanimously

 

NEXT MEETING

 

The next meeting will be on October 2, 2014

 

 

ADJOURNMENT

 

September 4, 2014 Code Board meeting was adjourned  

 

________________________________               _____________________________ 

Anthony Flores, Code Enforcement Supervisor                   Robert Vickers, Chairman