LimeBike Memorandum of Understanding

CODE ENFORCEMENT REGULAR BOARD MEETING MINUTES - FEBRUARY 2, 2006

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 2, 2006 at the Miami Shores Village Hall.  The meeting was to order at 6:00 P.M. by Chairman Barry Perl.

 

PRESENT

Barry Perl, Chairman

Manny Quiroga

Robert Vickers

John Busta

Rod Buenconsejo

John Patnik

Barry Asmus

ALSO PRESENT

Anthony Flores, Code Enforcement Officer/Supervisor

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Emilia S Palmer, Administrative Assistant

 

All persons testifying were sworn in at this time.

 

ITEM I: APPROVAL OF THE MINUTES

Mr. Buenconsejo move to approve the minutes for December 1, 2005.  Chairman Perl seconded. Motion passed 7-1.

 

ITEM II: FIRST HEARING

Case #: 2005-06455
Owner: Thomas C. Frell III
Address: 166 NW 100 Terrace
Section: 13-1 & 521 (b) (1) d
Violations: Inoperable vehicle on premises & 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.  Officer Orta stated that there is an inoperable vehicle parked on the rear of the property.  Mr. Thomas C. Frell III was present.  Mr. Frell agreed that the violation exist.  Mr. Frell stated that he will remove the vehicle within two weeks. Mr. Sarafan read Section 521 (b) (1) d, and stated that the owner was cited under the wrong code. Staff withdrew violation on Section 521 (b) (1) d.  Mr.Quiroga 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 within 5 days and immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by the specified time, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $50.00 per violation a day thereafter.  This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. Motion passed 7-0.

 

Case #: 2005-06452
Owner: Thomas C. Frell III
Address: 166 NW 100 Terrace
Section: 501 (k) 10-1;
Violations: Unauthorized storage of materials

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.  Officer Orta stated that there are miscellaneous items stored on the rear yard.  Mr. Thomas C. Frell III was present.  Mr. Frell agreed that the violation exist.  Mr. Frell stated that he will remove all the items within two weeks. Mr.Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 501 (k) 10-1 of the Miami Shores Village Code.  The violator shall correct the violation by February 16, 2006 and immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by the specified time, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $50.00 per a day thereafter.  This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s the Village’s expenses in prosecuting the violations to date. Mr. Asmus seconded the motion. Motion passed 7-0.

 

Case#: 2004-05125
Owner: Carol Amaya King Seligson
Address: 9350 NE 12th Ave
Section: 520 (h) (i) & 521 (b) (1) a
Violation: deteriorated driveways and approaches & Unlawful loose material

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. Officer Orta stated that the violation of deteriorated driveways with gravel and dirt.  Mr. Kelley (attorney), Mr. Tom Laventale (landscape architect) and Carol Amaya King Seligson (owner) were present.  The property owner doesn’t agree with the violation.  Mr. Kelley submitted a letter from the previous owner Mrs. John Hilson, stating that there was never a pave driveway on the property.  Mr. Kelley stated that the dirt driveway was grandfathered. Mr. Lavantale stated that the trees on the property are protected trees from the Miami Dade Preservation Dept. he also testified that he will have to remove some of the trees in order to install a driveway.  Mr. Orta affirmed that the property owner was given several extensions.  After a brief discussion from the board, Mr. Quiroga moved to table the application for March 2, 2006.  Mr. Patnik seconded.  Motion passed 5-2. Mr. Vickers and Mr. Buenconsejo voted no.

 

Case #: 2005-06334
Owner: Joseph F. Petit Frere & Marie A. Christian.
Address: 174 NW 98 St
Section: 12-132
Violations: Damaged screen, windows and doors

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.  He stated that there is no screen on the doors. Mr. Joseph F. Petit Frere (owner) was present.  Mr. Petit Frere doesn’t agree that a violation existed on the property.  Mr. Petit Frere stated that he is waiting for the funds from the insurance company.  Mr. Sarafan stated that the property owner was cited under the wrong section of the code. Mr. Buenconsejo made a motion to dismiss the charges under Section 12-132, and that in case the property is not brought into compliance, staff should return to the property and cite the owner under the correct code section.  Mr. Vickers seconded.  Motion passed 6-1.  Mr. Quiroga voted no.

 

Summary Adjudication: First Hearings
Case’s# 2005-06332,06352, 06367, 06371, 06399, 06411, 06431, 06436, 06440, 06445, 06450,06456, 06474, 06475, 06477, 06479, 06481, 06494, 06502, 06518, 06539

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. The Mr. Flores testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Busta 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 daily specified in staff’s recommendations for tonight’s hearing, starting on the date of compliance ordered by the Board, which will constitute a lien on the property of the violator.  Further, with respect to each of the cases, costs in the amount of $15.00 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: 2005-06334
Owner: Joseph F. Petit Frere & Marie A. Christian.
Address: 174 NW 98 St

The property owner, Mr. Joseph F. Petit Frere was here to present the case.  Mr. Petit Frere stated that when he purchases the property the concrete blocks are existing to the property. Mr. Orta testified that he has spoken with Mr. Petit Frere before he issue a courtesy notice.  After a brief discussion, Mr. Quiroga made a motion to continue the case for March 2, 2006.  Mr. Asmus seconded the motion.  Motion passed 7-0.

 

Summary Adjudication: Penalty Hearings
2005-05980, 06203, 06238, 06359, 06253, 06363, 06426

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. Buenconsejo 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. Asmus seconded the motion.  Motion passed 7-0.

 

ITEM IV: REQUEST FOR RELIEF

Case#: 2003-03959
Owner: Loris & Marie Lemorin
Address: 174 NW 100 St

The property owner, Loris Lemorin, was there to present the case.  Mr. Lemorin was there to propose an offer of $6,456.00. Mr. Lemorin previously made an offer of $500.00 that was denied on the December 1, 2005 meeting.  Mr. Lemorin submitted evidence of the approved building permit dated December, 2004 for the rough inspection.  After a brief discussion from the Board, Mr. Buenconsejo made a motion to accept $2,000.00 to be payable in 60 days.  Mr. Quiroga seconded. Mr. Buenconsejo and Mr. Quiroga amended the motion to accept $3, 156.00 to be payable in 60 days.  Motion passed 4-3. Mr. Vickers, Mr. Busta, Chairman Perl voting no.

 

Case #: 2004-05018
Owner: Joel Leiter/ New Owner Brenda Westhorp
Address: 1184 NE 91 Terrace

Mrs. Diane Doolity representing the previous owner was there to present the case.  Mrs. Doolity stated that Mr. Leiter was never advice of the violations.  Mrs. Doolity was there to propose an offer of $500.00 be payable in 10 days.  After discussion from the property Mr. Buenconsejo made a motion to accept the offer of $500.00 to be payable in 10 days.  Motion failed for lack of a second.  Mr. Quiroga made a motion to deny the offer.  Mr. Vickers seconded.  Motion passed 7-0. The lien will remain at $1,765.00. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2005-06137
Owner: Denise Marino
Address: 9574 NW 1st Court

The property owner, Denise Marino was there to present case.   Mrs. Marino was there to propose an offer of $50.00, to satisfy a fine of $315.00.  Mrs. Marine explained that she corrected all violations.  After discussion from the board, Mr. Patnik made a motion to accept the offer of $50.00 to be payable in 10 days.  Mr. Vickers seconded. Motion passed 6-1.  Mr. Quiroga voted no.

 

Case #: 2005-05597, 2004-05405, 2003-03819
Owner: Joseph Castranova
Address: 17 NE 107 Street

The property owner, Mr. Joseph Castranova and Mr. Kelley (attorney) were there o present the case. Mr. Castranova affirmed that he corrected all the violations. Mr.  Castranova was there to request a refund for a fine that has been paid in full by the title company.  Mr. Castranova made an offer to pay the village $2,860.00 and to get a refund of $25,249.00. Mr. Castranova stated that the property has been sold. After a brief discussion Mr. Castranova made a motion to pay the village $15,000.00 and to get a refund of $13,006.00.  Mr. Quiroga made a motion to authorize the Village Manager to refund $13,006.00, and to accept $15,000.00.  Mr. Vickers seconded.  Motion passed 5-2.  Mr. Asmus and Mr. Patnik voted no.

 

Case #: 2000-01941, 1081, 6162, 6163, 6147, 3319
Owner: Jean C. & Elvia Romelus
Address: 201 NW 91 St

Mr. Franz Pierre was there representing the property owners.  The property owner made previous request for relief on December 1, 2005 with an offer of $4,000.00 and September 1, 2005 with an offer of $1,000.00 both were denied. Mr. Franz was there to propose a new offer of $5,000.00 to satisfy a fine of $35,967.95.  He also stated that all the violations have been corrected.  After discussion Mr. Franz amended the offer to $6,000.00 to be payable in 60 days.  Mr. Vickers move to approved the offer of $6,000.00 to be payable in 60 days.  Mr. Quiroga seconded.  Motion passed 4-3.  Mr. Asmus, Mr. Patnik and Chairman Perl voted no.

 

Case #: 2002-02790, 2005-05761, 2005-5733, 2005-5734
Owner: Stephen K. Gonzalez & Lisette Reid
Address: 189 NW 102 Street

The property owner, Mrs. Lisette Reid was there to present the case.  Mrs. Lisette was there to propose an offer of $1,500.00 to satisfy a fine of $37,945.00.  Mrs. Reid stated that she wasn’t aware that a violation existed on the property.  She explained that the property was a rental house.  She also testified that the correspondence was sent to the previous owner.  After a brief discussion Mrs. Reid amended the offer to $4,000.00.  Mr. Buenconsejo move to approve the offer of $4,000.00 to be payable in 30 days. Mr. Vickers seconded.  Motion failed 3-4.  Mr. Asmus, Mr. Patnik, Mr. Quiroga and Chairman Perl voted no.   Chairman Perl made a motion to accept $8,000.00 to be payable in 30 days.  Mr. Patnik seconded.  Motion failed 2-5.  Mr. Asmus, Mr. Busta, Mr. Vickers, Mr. Buenconsejo and Mr. Quiroga voted no. The lien will remain at $37,945.00. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2005-05980
Owner: Wayne T. White
Address: 339 NE 96 ST

The property owner, Mrs. White was present.  Mrs. White stated that they have a contract to repair the roof.  She testified that they need to get an approval from the Historical Board to paint the house.  An extension was previously given by the Board.  Mrs. White is requesting more time to correct the violation.  After discussion from the Board, Mr. Buenconsejo made a motion to exclude this case from the summary of adjudication for penalty hearings and to continue the case to December 1, 2005.  Mr. Quiroga seconded.  Motion passed 6-0.

 

ITEM V. NEXT MEETING

The next Code Enforcement Regular Hearing will be on March 2, 2006

 

ITEM VI. ADJOURNMENT

The February 2, 2006 meeting was adjourned at 9:45 P.M

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