LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 5, 2004

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 5, 2004,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 (Came in at 6:05PM)

Manny Quiroga (Came in at 6:05PM)

John Busta

Robert Vickers

Rod Buenconsejo

John Patnick

ALSO PRESENT

Al Berg, Code Enforcement and Planning and Zoning Director

Anthony Flores, Code Enforcement Officer

Irene M. Fajardo, Administrative Assistant

ABSENT

Richard Sarafan

Village Attorney

 

All persons testifying were sworn in at this time.

ITEM I: JULY 1, 2004 MINUTES

Mr. Busta made a motion to approve the July 1, 2004 minutes as amended.  Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor.

 

ITEM II: FIRST HEARING

Case #: 2004-04934
Owner: Donna M. Gruber
Address: 85 NW 104 St.
Violations: 523= Harmony

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. Pictures were submitted to the Board as evidence.  The property owner, Donna Gruber, was there to present the case.  Ms. Gruber did not agree that a violation existed.  She explained that the coverings on the windows are bookshelves placed against them.  They are free standing units that can be moved at any time.  She stated that they own many books and wanted to fill the room with shelves full of books. The Board expressed their concerns about fire hazard issues and whether a person from the outside would be able to distinguish the bookshelves from white coverings used as curtains.  Ms. Gruber explained the exits of the property and invited Officer Flores to come in the property to inspect the bookshelves.  The Board members reviewed the pictures.  After further discussion, the case was withdrawn since, by the pictures, one could guess that the coverings were actual curtains.  No violation in regards to Harmony was found against the property. 

 

Summary Adjudication:
Case’s# 2003-04483, 2004-04799, 4825, 4828, 4830, 4831, 4909, 4916, 4932, 4935, 4942, 4953

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 respective daily amounts specified in staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline, which will constitute a lean on the property of the violator.  Further, with respect to each of the cases, 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.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0.

 

ITEM III: PENALTY HEARINGS

Case #: 2004-04723
Owner: Bernice and Sharon Almodovar
Address: 182 NW 95 St.

The property owner, Bernice Almodovar, was there to present the case.  Ms. Almodovar explained that she obtained a permit and that the work is being done.  She requested a continuance since she is in the process. After a brief discussion, Mr. Quiroga made a motion to continue the case until the next meeting on Sept. 2, 2004. Mr. Quiroga seconded the motion.  Motion passed 4-2.  (Mr. Busta and Mr. Vickers voted no).

 

Case: 2004-04713, 2004-04714
Owner: Stephen Harper and Odalys Acosta
Address: 29 NW 94 St.

The property owner, Stephen Harper, was there to present the case.  Mr. Harper requested a continuance since he is in the process of bringing the property into compliance.  After a brief discussion, Mr. Quiroga made a motion to continue the case until the next meeting on Sept. 2, 2004.  Mr. Vickers seconded the motion. Motion passed 7-0.

 

Summary Adjudication:
Case’s#:2004-04708, 4806, 4838, 4850

Mr. Vickers moved 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 shall correct the violation within the time period specified by the staff in the Staff recommendations for these hearings, and shall 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 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 lean on the property of the violator.  Further, with respect to each 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.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0.

 

Case: 2004-04735, 2004-04736
Owner: Dale and Lisa Sims
Address: 152 NW 110 St.

Mr. Sims arrived after the summary adjudication for the Penalty cases. Mr. Quiroga made a motion to reconsider the cases.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0. Pictures were submitted to the Board as evidence of the violations.  Mr. Sims explained the nature of the violations and requested additional time to bring the property into compliance.  After further discussion, Mr. Asmus made a motion to continue both cases until Sept. 2, 2004.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Quiroga voted no).

 

ITEM IV:REQUEST FOR RELIEF

Case #: 2003-04317, 04319
Owner: Aldo Vera
Address: 420 NW 112 Terri.

The property owner, Aldo Vera, was not there to present case.  Mr. Quiroga made a motion to deny the offer of $300.00 written in the application.  The lien will remain at the original amount of $9,130.00.  Mr. Asmus seconded the motion.  Motion passed 4-2. (Mr. Busta and Mr. Perl voted no).

 

Case #: 8081, 8099, 2662, 2663, 1315
Owner: Ivan Karo
Address: 275 NW 111 St.

The property owner, Ivan Karo, was there to present the case.  Mr. Karo explained that the violation belonged to the old owners.  He stated the he brought the property into compliance and that he is now selling to another family. Mr. Karo also explained that the property was a foreclosure sale but that the surplus money in the court was never collected by the old owner or by the Village.  The Board members inquired about the surplus money.  They were concerned about making a motion without having the Village attorney, Richard Sarafan, present.  Documents were submitted to the Board as evidence of the foreclosure.  Some of the Board members stated that Mr. Karo beautified the house by bringing the property into compliance.  He should be given release in order for the sale of the house to move forward.   Mr. Vickers made a motion to accept $1,500.00 payable in five days or the lien reverts back to the original amount of $96,180.00.  Mr. Patnick seconded the motion.  Motion passed 4-3. (Mr. Asmus, Mr. Busta, and Mr. Buenconsejo voted no).

 

Case #: 2003-03533
Owner: Marcos Gomez
Address: 10340 NW 2 Ave.

The property owner, Marcos Gomez, was not to present.  A letter was submitted to the Board authorizing Sergio Tomas to represent the owner.  Mr. Tomas was only there to make the offer of $1,000.00 to release the lien. Mr. Vickers made a motion to accept the offer of $1,000.00 payable in thirty days or the lien reverts back to the original amount of $11,690.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Case #: 8027
Owner: Clarence Griffin
Address: 37 NW 108 St.

The property owner, Clarence Griffin, was there to present the case.  Mr. Griffin submitted a receipt showing the date when the roof was cleaned and the property was brought into compliance.  The Board members reviewed the receipt and calculated that the lien amount should be $4,940.00.  Mr. Griffin made an offer of $500.00 to release the new calculated lien amount.  After a brief discussion, Mr. Buenconsejo made a motion to accept the offer of $500.00 payable in thirty days or the lien reverts back to the original amount of $4,940.00.  Mr. Patnick seconded the motion. Motion passed 6-1. (Mr. Asmus voted no).

 

Case #: 2002-02255
Owner: Delgis Reyna
Address: 9413 N. Miami Ave.

The property owner, Delgis Reyna, and his realtor, Augusta GiGi Krop, were there to present the case.  Mr. Reyna explained that he was not aware of the lien when he purchased the property.  Evidence in the file showed that the notices were sent to the previous owner.  The Board members inquired about the date of purchase of the roperty and stated that the owner must contact the title company that he used when he made the purchase. After a brief discussion, Mr. Vickers made a motion to table the case until the next meeting on Sept. 2, 2004. Mr. Asmus seconded the motion.  Motion passed 6-1.  (Mr. Quiroga voted no).

 

Case #: 2003-04246
Owner: James Rosado
Address: 148 NE 110 St.

Mr. Rosado’s offer of $100.00 was denied at the previous meeting. A letter was submitted to the Board stating that the tenant, Tosin Atolagbe, would represent the owner.  Mr. Atolagbe was there to present the case.  He submitted documents to the Board as evidence that the vehicle was registered in California and the process required to register the vehicle in Florida.  After a brief discussion, Mr. Quiroga made a motion to approve the offer of $400.00 payable by Sept. 20, 2004 or the lien will revert back to the original amount of $2,790.00. Mr. Buenconsejo seconded the motion.  Motion passed 4-2.  (Mr. Asmus and Mr. Patnick voted no).

 

ITEM V. NEXT MEETING.

The next meeting will be on September 2, 2004

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0.  The August 5, 2004 meeting of the Code Enforcement Board was adjourned at 8:15P.M.

Back To Top