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CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 4, 2006

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 4 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

John Patnik

Robert Vickers

Rod Buenconsejo

Manny Quiroga

ALSO PRESENT

Anthony Flores, Code Enforcement Officer/Supervisor

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

ABSENT

John Busta       

 

All persons testifying were sworn in at this time.

 

ITEM I: FIRST HEARING

Case #: 2006-06838
Address: 166 NW 103 St.
Code Section: Bldg. 6-4/ Unauthorized Construction or Alteration

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. Code Officer Orta stated he approached the house on March 15, 2006 were the construction was taking place.  He (Orta) stated to the home owner that she needed permits for the work that was in progress.  Property owner, Jacqueline Small was present and represented by attorney Carol Green.  Atty. Green indicated she had difficulties with the notice violation and that the notice denied her client due process.  Atty. Green questioned Mr. Orta. Atty. Green then questioned Ms. Small, who stated there had been no new work which required a permit.  Pictures were submitted by Atty. Green and Ms. Small.  Following a discussion by the Board, Mr. Buenconsejo mad a motion to continue the case to June 1, 2006.  Mr. Quiroga seconded.  Motion failed. Mr. Asmus, Mr. Vickers and Mr. Quiroga voted no.  Mr. Quiroga moved for a finding a fact and a conclusion that a violation exists according to Code Section 6-4 of the Miami Shores Village Code. The violation shall be corrected by June 1, 2006 and shall allow an official from Miami Shores Village along with a female representative from Miami Shores Village to enter the house for inspection.  If the violation is not brought into compliance by that time the code enforcement officer may report back to the Board in such an event a fine is here by authorized  to be automatically assed against the violator in the amount of $100 a day or thereafter which will constitute a lien on the property of the violator, with a $15 administrative fee to recoup village expenses to date. Mr. Vickers seconded.  Motion failed. Mr. Asmus, Mr. Vickers and Mr. Perl voted no. Mr. Perl moved to table decision to June 1, 2006. Motion failed.  Mr. Quiroga moved to retry his original motion and altered the daily amount to $50 a day.  Mr. Vickers seconded.  Motion passed 6-0.

 

Summary Adjudication:
Case’s# 2005-06484, 2005-06605, 2005-06608, 2005-06611,2005-06612, 2005-06621, 2006-06652, 2006-06653, 2006-06654, 2006-06660, 2006-06697, 2006-06705, 2006-06728, 2006-06741, 2006-06749, 2006-06756, 2006-06778, 2006-06847, 2006-06920, 2006-06923

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 lien 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 6-0.

 

ITEM II: PENALTY HEARINGS

Summary Adjudication:

Mr. Perl read each case and corresponding address into record to verify whether or not anyone was present to address the Board. As the individual property owners nor their representatives were present for the hearing, Mr. Perl confirmed that all case files contained appropriate affidavits attesting to the fact that the violations still exist subsequent to the ordered compliance dates and that individuals have not contacted the Code Enforcement Department.

 

Case’s#:2005-06510, 2005-06533, 2005-06534, 2005-06535, 2005-06537, 2005-06560, 2005-06578, 2005-06617, 2005-06631, 2006-06648, 2006-06678, 2006-06679, 2006-06680, 2006-06686,  2006-06687, 2006-06688, 2006-06690, 2006-06696.

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.  Motion passed 6-0.

 

ITEM III: REQUEST FOR RELIEF

Case: 2004-05290 / 2000-05292
Owner: Didier Vansteenberg
Address: 54 NW 100 Terr.

The property owner, Didier Vansteenberg, was there to present his case.  Mr. Vansteenberg explained he was sold the house with a lien. The board suggested he go after the title company or the previous owner. After further discussion from the board, they questioned Mr. Vansteenberg. Mr. Vansteenbergue is offered to pay $1,500.00. Mr. Asmus made a motion to deny the proposed offer.  Mr. Buenconsejo seconded the motion. Motion denied 5-1.

 

Case #: 2005-06177 
Owner: Woody Boigris
Address: 38 NW 109 St.

The property owner’s attorney, Ravin Liberty is also a council for the title company, was there to present the case. Mrs. Liberty explained the property was bought with an unknown violation. She stated once the owner was aware of the violation he corrected the problem and would like to close the fine. After further discussion from the board they questioned Mrs. Liberty. Mrs. Liberty is offered to pay $1,140.00. Mr. Asmus motioned to deny the proposed offer. Mr. Quiroga seconded the motion. Motion denied 5-1.

 

Case: 2005-05650 / 2005-05649 / 2005-05648
Owner: Vanie Victor
Address: 89 NW 109 St.

The property owner Vanie Victor was there to present the case. She admits to the violation and accepts the fine. Mrs. Victor corrected the violations  and requested relief. After further discussion from the board they questioned Mrs. Victor. Mrs. Victor offered to pay $4,000.00. Mr. Buenconsejo motioned to approve the proposed offer. Mr. Vickers seconded the motion. Motion passed 5-1.

 

ITEM IV. NEXT MEETING

The next meeting will be on June 1 2006. 

 

ITEM V. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Chairman Perl seconded the motion.  Motion passed 6-0.  The May 4 2006, meeting of the Code Enforcement Board was adjourned at 8:50P.M.

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