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12-07-2006 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES Thursday Dec. 7, 2006 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Dec. 7, 2006, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman Robert Vickers. PRESENT: Robert Vickers, Chairman Barry Asmus John Patnik John Busta Barry Perl Rod Buenconsejo Manny Quiroga ALSO PRESENT: Richard Sarafan Village Attorney Greg Garno, Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Valerie Bierley, Administrative Assistant. Mr. Garno swore in all those participating in the meeting. APPROVAL OF MINUTES: • There were no minutes to approve. The approval of minutes for November, have been moved to the next meeting. FIRST HEARING • Case: 10-06-1231 Owner: Joseph Williams Address: 9701 NE 3 Ave Section 13-1 Violations: Storage of inoperable motor vehicles The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner, Mrs. Williams was there to present her case. She stated she is the sole owner of the property. Mrs. Williams does agree with the violation, she has asked the Board members for an extension due to financial difficulties. After answering questions from the Board, Mr. Perl 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 by Dec. 22, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion whether or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $50.00 per day thereafter. This will constitute a Code Enforcement Board 1 Dec. 7, 2006 • lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion. The Motion passed unanimously 7-0. Case: 10-06-1230 Owner: Claudia Moore Address: 310 NE 98 St. Section 13-1 Violations: Storage of inoperable motor vehicles The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner, Mrs. Moore's son Christopher Moore was there to present his case. He stated he does agree with the violation, he has asked the Board members for an extension due to financial difficulties. After answering questions from the Board, Mr. Perl 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 by Dec. 22, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion whether or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $50.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Asmus seconded the motion. The Motion passed unanimously 7-0. • Case: 10-06-1269 Owner: Micheal & Loretta Fabricant Address: 622 NE 97 St. Section 20-17; 520(i) Violations: Failure to maintain parkway • The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner, Mr. Fabricant was there to present his case. He stated he does agree with the violation, he has asked the Board members for an extension. After answering questions from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-17; 520(i) of the Miami Shores Village Code. The violator shall correct the violation by Dec. 22, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion whether or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $50.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. The Motion passed in favor of the motion 6- 1. Mr. Perl voted no. Code Enforcement Board 2 Dec. 7, 2006 Summary Adjudication For 1St Hearings: Case #'s: 2006-07147, 2006-07256, 2006-07318, 10-06-1241, 10-06-1247, 10-06-1251, 10-06-1282, 10-06-1289, 10-06-1290, 10-06-1303, 11-06-1338, 1106-1355, 09-06-1058, 09-06-1152, 09-06-1165, 09-06-1197, 09-06-1207, 09-06-1210 Chairman Vickers read each case and address into the record and asked if anyone else was present. No one was present. The officer, Mike Orta, 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 amount of $50.00 a day thereafter and also a $30.00 staff s administrative fee. Mr. Perl seconded the motion. The motion passed unanimously 7-0. 410 PENALTY HEARINGS Summary Adjudication: Case's #: 2006-07310, 10-06-1245. 10-06-1248, 08-06-1018, 09-06-1066, 09-06-1103, 09-06-1110, 09-06-1137, 09-06-1151 Mr. Vickers read each case and corresponding address into the record to verify whether or not anyone was present to address the Board. As neither the individual property owners nor their representatives were present for the hearing, Mr. Flores confirmed that all case files contained appropriate affidavits attesting to the fact that violations still exist subsequent to the ordered compliance dates and that individuals have not contacted the Code Enforcement Department. 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. Asmus seconded the motion and the vote was unanimous in favor of the motion 7-0. Code Enforcement Board 3 Dec. 7, 2006 • REQUEST FOR RELIEF Case: 2004-05290, 2004-05292 Owner: Didier Vansteenbergh / Jennifer Becker Address: 54 NW 100 Terr. The property owner's attorney, Ms. Quintana was there to present their case. The board asked Mrs. Quintana several questions. After discussion from the board Ms. Quintana proposed to pay $3,700.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-2. Mr. Asmus and Mr. Perl both voted no. Case: 2005-06185 Owner: Sergio Perez Address: 6 NE 107 St. Mr. Perez was there to present his case. The Board asked Mr. Perez several questions and after further discussion Mr. Perez proposed to pay $500.00 in 10 days. Mr. Perl made a motion to deny the proposed offer and counter offered with the amount of $2,500 which Mr. Perez declined. Mr. Busta seconded the motion. The vote was unanimous in favor of the motion 7-0. Case: 2005-06533, 2005-06534, 2005-06537, 2006-06648 Owner: Andre & Suze Dormus Address: 101 NW 106 St. The property owner, Mr. Dormus was there to present his case. The Board questioned Mr. Dormus and Mr. Flores. After further discussion from the board Mr. Dormus proposed to pay $2,500.00 in 30 days. Mr. Patnik made a motion to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0. Case: 8994, 2005-06476, 2005-06477, 2005-06478, 2005-06479, 2005-06481 Owner: Robert Laney Address: 9259 N. Bayshore Dr. The property owner's neighbor, Mr. Delamos was there to present Mr. Laney's case. The Board questioned Mr. Delamos and after further discussion from the board Mr. Delamos proposed to pay $12,898.00 in 30 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the motion 6-1. Mr. Quiroga voted no. Case: 2000-01540 Owner: Jean Moise Address: 10804 NW 2 Ave. The property owner, Mr. Moise was there to present his case. The Board questioned Mr. Moise. After further discussion Mr. Moise proposed to pay $1,000.00 in 30 days. Mr. Perl made a motion to accept an offer of $1,522.50 and Mr. Buenconsejo seconded the Code Enforcement Board 4 Dec. 7, 2006 motion. The vote was not in favor of the motion. The request was denied. 4-3 Mr. Asmus, Mr. Patnik, Mr. Busta and Mr. Quiroga all voted no. DISCUSSION The Board discussed the process for adjustments and corrections concerning the financial status on cases. NEXT MEETING The next meeting will be on Feb. 1, 2007 ADJOURNMENT Mr. Asmus made a motion for adjournment and the motion passed 7-0. Valerie Bierley, Clerk Barry Perl, Chairman Code Enforcement Board 5 Dec. 7, 2006