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08-06-2009 Regular Meeting• CODE ENFORCEMENT BOARD MEETING MINUTES Thursday August 6th, 2009 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 6th, 2009, 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 Perl Manny Quiroga Barry Asmus John Busta John Patnick ALSO PRESENT: Richard Sarafan, Village Attorney Mike Orta, Code Enforcement Officer ----) Anthony Flores, Code Enforcement Officer Valerie Bierley, Clerk ABSENT: Rod Buenconsejo (Q -q p„ 6A+ CNv.I \IO 5� All witnesses were sworn in by the Village Attorney, Mr. Sarafan. FIRST HEARING Case: 6-09-5914 Owner: Elizabeth Binai Address: 957 NE 99 St. Section: 5-21 Violations: Pet Limitation & Control (de' 13-Q• 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, Paul Mapother was there to present the case. Following discussion by the Board, Mr. Perl moved to continue the case until the next meeting. Mr. Asmus seconded the motion. The vote was in favor of the motion 5-1. Mr. Quiroga voted no. Case: 7-09-5984 Owner: Karen Robinson Address: 1290 NE 100 St. Section: 501(s)(1) Violations: Recreation vehicle / trailers on premises Code Enforcement Board 1 August 6, 2009 • 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 was not there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 501(s)(1) of the Miami Shores Village Code. The violator shall correct the violation by Aug. 11, 2009 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 $250.00 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 vote was unanimous in favor of the motion 6-0. Case: 7-09-5986 Owner: Karen Robinson Address: 1290 NE 100 St. Section: 14-17(a)(b)(c) Violations: Occupational license fee 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 homeowner was not there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 14-17(a)(b)(c) of the Miami Shores Village Code. The violator shall correct the violation by Aug. 11, 2009 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 $250.00 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. Patnik seconded the motion. The vote was unanimous in favor of the motion 5-1. Mr. Quiroga voted no. Summary Adjudication For 1St Hearings: Case #'s: 4-09-5611; 4-09-5619; 4-09-5625; 4-09-5671; 5-09-5724; 5-09-5739; 5-09-5755; 6-09-5772; 6-09-5775; 6-09-5776; 6-09-5786; 6-09-5849; 6-09-5863; 6-09-5890; 6-09- 5923; 7-09-5937; 7-09-5939; 7-09-5948; 7-09-5951; 7-09-5963 Chairman Vickers 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. Code Enforcement Board 2 August 6, 2009 • • 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 by September 3'd, 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 staffs administrative fee. Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0. Case #'s:4-09-5613; 4-09-5672; 6-09-5853; 6-09-5865 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 by August 11t1', 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 $250.00 a day thereafter and also a $30.00 staff s administrative fee. Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0. PENALTY HEARINGS Summary Adjudication: Case's #: 2-09-5419; 2-09-5450; 4-09-5570; 4-09-5571; 4-09-5579; 4-09-5581; 4-09-5649; 4-09-5652; 4-09-5654; 4-09-5655; 4-09-5693; 4-09-5694; 4-09-5696; 5-09-5723; 5-09- 5727; 5-09-5728; 5-09-5729; 5-09-5748; 6-09-5792; 6-09-5866 Chairman 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 5-0. Code Enforcement Board 3 August 6, 2009 • REQUEST FOR RELIEF Case: 4-07-1905; 10-07-2827 Owner: RCS REO I, LLC. (Brian Kowal) Address: 1160 NE 91 Tr. The representative, Brian Kowal was there to present the case. The board asked several questions and after a discussion, Mr. Kowal proposed to pay $2,115.00 within 30 days. The offer is denied due to lack of motion. Case: 10-07-2966; 11-07-3009; 10-08-4927 Owner: GMAC (Lori Diez) Address: 1255 NE 93 St. The representative Lori Diez was there to present the case. The board asked several questions and after a discussion, Ms. Diez proposed to pay $8,000.00 within 30 days. Mr. Asmus moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was in favor of the motion 6-0. Case: 4-09-5627 Owner: Maria Gonzalez / Joseph Macedo Address: 765 NE 96 St. Ms. Gonzalez was there to present the case. The board asked several questions and after a discussion, Ms. Gonzalez proposed to pay $100.00 within 10 days. Mr. Perl moved to accept the proposed offer for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0. Case: 1-08-3413 Owner: Sean Saladino Address: 490 NE 101 St. The homeowner, Mr. Saladino was there to present the case. The board asked several questions and after a discussion, Mr. Saladino proposed to pay $500.00 within 10 days. Mr. Vickers moved to accept the proposed offer for release of the above referenced property only, and the motion dies due to lack of second. Case: 2000-01454 Owner: Linton Dawkins Address: 154 NW 97 St. The homeowner Mr. Dawkins was there to present the case. The board asked several questions and after a discussion, Mr. Dawkins proposed to pay $30.00 within 30 days. Mr. Quiroga moved to accept the proposed offer for release of the above referenced property only, and Mr. Vickers seconded the motion. The vote was not in favor of the motion 3-3. Mr. Asmus, Mr. Patnik and Mr. Perl voted no. Code Enforcement Board 4 August 6, 2009 • • Case: 2-09-5461 Owner: Jerry Rosen / Celmar Rosen Address: 10001 NE 1 Ave. The homeowners Mr. and Mrs. Rosen were there to present the case. The board asked several questions and after a discussion, Mr. Rosen proposed to pay $100.00 within 30 days. Mr. Asmus moved upon receipt of $300.00 within 30 days, will release the lien on the above referenced property only, and Mr. Perl seconded the motion. The vote was in unanimous favor of the motion 6-0. Case: 7-07-2452 Owner: Michelle Minagorri Address: 901 NE 91 Tr. The representative Ron Ereira was there to present the case. The board asked several questions and after a discussion, Mr. Ereira proposed to pay $2,500.00 within 30 days. Mr. Perl moved upon receipt of $7,500.00 within 30 days will release the lien on the above referenced property only, and Mr. Asmus seconded the motion. The vote was in favor of the motion 5-1. Mr. Quiroga voted no. Case: 9-06-1166; 4-07-1881 Owner: Boston Investors Group (Suresh Mody) Address: 1 NW 110 St. The representative Suresh Mody was there to present the case. ' - ::. d asked several questions and after a discussion, Mr. Mody proposed to offer " 1b0.00 ithin 10 days. Mr. Quiroga moved to accept the proposed offer for release -- above referenced property only, and Mr. Asmus seconded the motion. The vote was in favor of the motion 5- 1. Mr. Perl voted no. MINUTES Mr. Asmus moved to accept July 2"d 2009 minutes and Mr. Busta seconded the motion. The vote was unanimous in favor of the motion 6-0. NEXT MEETING The next meeting will be on Sept. 3, 2009. ADJOURNMENT Mr. Quiroga made a motion for adjournment Mr. Asmus seconded it and the motion passed unanimously 5-0. Valerie Bierley, Clerk Robert Vickers, Chairman Code Enforcement Board 5 August 6, 2009