Loading...
11-04-2010 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES Thursday November 4th 2010 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 4th, 2010, 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 Manny Quiroga Barry Perl Rod Buenconsejo John Patnik Barry Asmus Robert Swan ALSO PRESENT: Jesus Suarez, Deputy Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Valerie Bierley, Clerk All witnesses were sworn in by the Deputy Village Attorney, Mr. Suarez FIRST HEARING Case: 10-10-7825 Owner: Rose DiLella Address: 101 NE 102 St. Section: 520(a) Violations: Commercial Vehicles. The officer, Mike Orta, explained the nature of the violation and testified that the violation existed on the property and is requesting this case be heard for a future repeat order if necessary. No one was 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 existed according to Section(s) 520(a) of the Miami Shores Village Code. The Code Enforcement Officer may also report back to the board for a repeat order and the board may then assess a fine against the violator. This will constitute a lien on the property of the violator. Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0. Code Enforcement Board 1 November 4 2010 • • Case: 8-10-7571 Owner: Shores Plaza Condo Address: 745 NE 91 St. Section: 8-11(f)(ii) 1 & (iv) 1-5 (Miami fl bldg. code.) Violations: Recertification of buildings and components. The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Members of the association were 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(s) 8-11(f)(ii) 1 of the Miami Shores Village Code & (iv) 1-5 (Miami fl bldg. code.). The violator shall correct the violation by May 4, 2011 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 $100.00 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 vote was in favor of the motion 6-1, Mr. Swan voted no. Case: 8-10-7572 Owner: Presbyterian Church Address: 602 NE 96 St. Section: 8-11(f)(ii) 1 & (iv) 1-5 (Miami fl bldg. code.) Violations: Recertification of buildings and components. The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mr, . ez #x i r. was there to present the case. Following discussion by the Board, Mr. Asmus moved for a thirty day continuance. Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0. Case: 9-09-6195 Owner: Mark & Cheryl Sell Address: 10618 NE 11 Ave. Section: 12-128 Violations: Weather / Water tight Structures The officer, Anthony Flores, explained the nature of the violation and testified that the violation exists on the property. Pictures were submitted as evidence. Mr. Sell was there to present the case. Following discussion by the Board, Mr. Buenconsejo moved for a continuance to Dec. 4, 2010 meeting. Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1, Chairman Vickers voted no. Code Enforcement Board 2 November 4 2010 Case: 8-10-7602 • Owner: Sonia Laroussi / Gustavo De La Torres Address: 142 NW 111 St. Section: 12-133; 20-31 Violations: Unsightely Fascia, Soffit, House Exterior; Failure to Maintain Sidewalk The officer, Anthony Flores, explained the nature of the violation and testified that the violation exists on the property. Pictures were submitted as evidence. Ms. Laroussi was 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(s12-133 and 20- 31 of the Miami Shores Village Code. The violator shall correct the violation by Jan. 5, 2011 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 vote was unanimous in favor of the motion 7-0. Summary Adjudication For 1St Hearings: Case #'s: 10-10-7777; 10-10-7816; 10-10-7832; 8-10-7542; 8-10-7595; 8-10-7596; 8-10- • 7613; 9-10-7617; 9-10-7618; 9-10-7684; 9-10-7685; 9-10-7686; 9-10-7709; 9-10-7711; 9- 10-7712; 9-10-7713; • 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 exists 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 by December 1, 2010 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. Code Enforcement Board 3 November 4 2010 • • PENALTY HEARINGS • Case: 8-10-7586 Owner: Miami Shores Baptist Church Address: 370 Grand Concourse The officer, Anthony Flores, testified that violations still existed on the property. Mr. Miller was there to present his case. Following discussion by the board Mr. Asmus made a motion to continue to Dec. 2, 2010 meeting. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 7-0. Summary Adjudication: Case#'s 1-10-6643; 2-10-6769; 2-10-6771; 5-10-7187; 5-10-7209; 6-10-7247; 6-10-7302; 6-10-7308; 6-10-7338; 7-10-7358; 7-10-7361; 7-10-7393; 7-10-7430; 7-10-7450; 7-10- 7454; 7-10-7502; 8-10-7533; 8-10-7540; 8-10-7541; 8-10-7544; 8-10-7553; 8-10-7554; 8- 10-7574; 8-10-7575; 8-10-7587; 8-10-7588; 8-10-7603; 9-10-7619; 9-10-7625; 9-10-7629; 9-10-7630; 9-10-7633; 9-10-7634; 9-10-7649 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. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0. REQUEST FOR RELIEF Case: 5-07-2147; 5-07-2149; 5-07-2150 Owner: Cit°r F4unsial (Karen Black -Barron) v L l.L) CA (' C' Address: ick5 Karen Black -Barron was there to present the case. The board asked several questions and after a discussion, Mr. Black- proposed to pay $10,000.00 within 45 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0. Code Enforcement Board 4 November 4 2010 Case: 10-08-4934 Owner: Duby Avila (Mariel Healy, Owner's sister) Address: 45 NW 103 St.. Ms. Healy, was there to present the case. The board asked several questions and after a discussion, Ms. Healy proposed to pay $3,000.00 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 unanimous in favor of the motion 7-0 Case: 12-08-5146; 5-09-5739 Owner: JP Morgan Mortgage Acquisition corp. (Nick Koltay) Address: 530 NE 96 St. Mr. Koltay was there to present the case. The board asked several questions and after a discussion, Mr. Perl moved upon receipt of $5,000.00 within 60 days will release the above reference property only. Mr. Buenconsejo seconded the motion and the vote was in favor of the motion 5-2. Mr. Swan and Mr. Quiroga voted no. Case: 8-09-6128 Owner: Joan Rosenberg Address: 9816 N Miami Ave. Ms. Rosenberg, was there to present the case. The board asked several questions and after a discussion, Ms. Rosenberg proposed to pay $200.00 within 5 days. Mr. Swan moved to accept the proposed amount for release of the above referenced property only. The offer was denied due to lack of second. Case: 4-09-5687; 4-09-5688 Owner: Nationstar Mortgage LLc (Craig Rogers) Address: 581 NW 113 St. Mr. Rogers was there to present the case. The board asked several questions and after a discussion, Mr. Rogers proposed to pay $2,500.00 within 45 days. The offer was denied due to lack of motion. MINUTES Mr. Quiroga moved to accept October 7th, 2010 minutes and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0. NEXT MEETING The next meeting will be on December 2nd, 2010. ADJOURNMENT Mr. Perl made a motion for adjournment Mr. Asmus seconded it and the motion passed unanimously 7-0. Valerie Bierley, Clerk Robert Vickers, Chairman Code Enforcement Board 5 November 4 2010