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04-05-2012 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES Thursday April 05, 2012 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 05, 2012, at the Miami Shores Village Hall. The meeting was called to order at 6:14 p.m. by Chairman, Manny Quiroga. Roll Call. Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo. Absent/Excused: Robert Vickers. Richard Sarafan,Village Attorney Anthony Flores, Supervisor, Code Enforcement Mike Orta, Officer, Code Enforcement All witnesses were sworn in by the Village Attorney, Mr. Sarafan. FIRST HEARING Chairman Quiroga stated that no one has showed for First hearing or Penalty hearing and there is no one present in the room other than board members, officers and Village attorney. Summary Adjudication for 1St Hearings: Case #'s: 11-11-9176;11-11-9228;1-12-9458;1-12-9459;1-12-9460;1-12-9464;1-12- 9465;1-12-9469;1-12-9475;1-12-9484;1-12-9493;2-12-9609;3-11-8345;3-12-9681;3-12- 9682;3-12-9683;3-12-9684;3-12-9685;3-12-9703. The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files. 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 staff in the staff recommendations in this hearing 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 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 amount specified in the staff recommendation for tonight hearing retroactive to the original compliance date which will constitute a lien on the property of the violator further with respect to each such case cost in the amounts specified in staff s recommendation for tonight's hearing are hereby assessed in order to recoup the village's expenses in prosecuting the violations to date. Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus. Motion passed unanimously. Code Enforcement Board April 05,2012 PENALTY HEARINGS Summary Adjudication for Penalty Hearings: Case#'s: 10-11-9069;10-11-9125;11-11-9204;11-11-9212;11-11-9214;11-11-9215;11-11- 9226;1-12-943 5;1-12-9436;12-11-9263;12-11-9264;12-11-9270;12-11-9271;12-11- 9283;12-11-9289;2-11-8126;2-12-9601;4-11-8475. The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files. Motion: Motion: 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. Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus. Motion passed unanimously. REQUEST FOR RELIEF Case: 3-07-1844 Owner: Paul Wilmot POA: Howard Spiegel Address: 435 Grand Concourse Mr. Chairman gave a summary of the case. Mr. Wilmot was present and stated his case. The board asked questions regarding property. Offer to pay $5000 payable within 30 days. Motion: $5000.00 within 10 days, Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo. Discussion by board. Vote: Motion passed (summary: Yes = 5,No = 1, Abstain= 0). Yes: John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo. No: Barry'Asmus. Case: 11-09-6479 Code Enforcement Board April 05,2012 Owner:-Alan Soven Address: 1215 NE 95 St. Mr. Chairman gave a summary of the case. Mr. Wilmot was present and stated his case. The board asked questions regarding property. Offer to pay $1000 payable within 10 days. Motion: $1000.00 within 10 days, Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus. Motion passed unanimously. Case: 7-10-7351 Owner: Nelson Oliva Address: 9125 N. Bayshore Dr. Attorney: George Pinon Mr. Chairman gave a summary of the case. Mr. Oliva and Mr. Pinon, Mr. Oliva's attorney was present and gave background information on the violation and property issues. The board asked questions regarding property. Offer to pay $500 payable within 30 days. Offer failed for lack of motion. Case: 8-11-8827; 8-11-8829 Owner: Andrew Venneman POA: Christopher Kelley Address: 102 NW 105th St. Mr. Chairman gave a summary of the case. Mr. Kelley as P.O.A was present on behalf of Mr. Venneman, and stated case. The board asked questions regarding property. Offer to pay $750 payable within 30 days. Motion: $750.00 with 30 days, Action: Accept, Moved by Barry Asmus, Seconded by Rod Buenconsejo. Motion passed unanimously. Case: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630 Owner: Louis Rosa. C/o Maria Rosa Address: 1172 NE 103 St. Mr. and Mrs. Rosa were present to request from Code Board to release two properties on Miami Beach in order for short sale to go through. Motion: Switch Jefferson Ave property to Meridian Ave property and reinstate the lien on Jefferson Ave. Action: Substitute, Moved by Barry Perl, Seconded by Barry Asmus. Discussion by board. Code Enforcement Board April 05,2012 Amended Motion: Give owner an option to Switch Jefferson Ave property to Meridian Ave property. , Action: Substitute, Moved by Barry Perl, Seconded by Barry Asmus. Roll Call Taken again in order to allow Robert Vickers vote. Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers. Vote: Motion passed (summary: Yes=4,No = 3, Abstain= 0). Yes: Barry Asmus, Barry Perl, Rod Buenconsejo, Robert Vickers. No: John Patnik, Robert Swan, Manny Quiroga. MINUTES February minutes approved March minutes approved NEXT MEETING The next meeting will be on May 03, 2012 ADJOURNMENT April 05, 2012 Code Board meeting was adjourned. Anthony Flores,Code Enforcement Supervisor uirog ai an Code Enforcement Board April 05,2012