11-3-11 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES
Thursday November 3, 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
November 3, 2011, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Robert Vickers
Roll Call.
Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Robert
Vickers.
Absent/Excused: Rod Buenconsejo.
Also in attendance:
Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta, Officer, Code Enforcement
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case -7 -11 -8746
Owner: Richard Criswell
Address: 32 NW 93 St
Section: 536/537
Violations: Pebbles /rocks used as ground cover. Landscape Design & Maintenance
Mr. Richard Criswell was present to testify, Mr. Criswell agreed to the violation, after brief
discussion, Motion: to table the case to first meeting of 2012, Action: Table, Moved by
Manny Quiroga, and Seconded by Barry Perl. The motion passed 5 -1. Mr. Asmus voted
no.
Case -10 -I1 -9054
Owner: Michael Patrick Whalen
Address: 10414 N Miami Ave
Section: 6 -4(a)
Violation: Unauthorized construction; Brick pavers installed in rear yard without permits
The officer, Anthony Flores, explained the nature of the violation and testified the violation
exists on the property. Mr. Whalen was there to present the case, Mr. Whalen was not sure
if there is a violation being a new homeowner. Following discussion by the board,
Motion: for a finding of fact and a conclusion of law that a violation exits according to
Section 6 -4(a) of the Miami Shores Village Code. The violator shall correct the violation
by February 2, 2012 and immediately notify the Code Enforcement Officer. If the violator
has not corrected the violation by the specified time, the code enforcement officer may
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
Code Enforcement Board November 3, 2011
violator. Cost in the amount of $30.00 is assessed to recoup the Village's expenses in
prosecuting the violations to date, Action: Approve, Moved by Manny Quiroga, Seconded
by Barry Asmus. The vote was in favor 5 -1, Mr. Perl voted no.
Case: 8 -11 -8921
Owner: Robert Hawk (deceased)
Address: 30 NW 92 St
Section: 20 -17; 536 (a (b); 537 (a)(3)(4)
Violation: Failure to maintain parkway
The tenant, Gustavo Granados was to present the case. Mr. Granados explained Mr. Hawk
passed away October 2010 and the property was under the estate and the lawyer for the
estate. The Code Enforcement Department asked that the case be continued to allow time
for the estate of Robert Hawk to be informed of the violation. Motion: to continue case to
December 1, 2011, Action: Postpone; Moved by Barry Asmus, Seconded by Barry Per].
Motion passed unanimously.
Summary Adjudication for I't Hearings:
Case #'s: 2 -11 -8177; 2 -11 -8179; 2 -11 -8181; 5 -11 -8525; 5 -11 -8527; 6 -11 -8706; 6 -11 -8711;
6 -11 -8723; 6 -11 -8741; 8 -11 -8823; 8 -11 -8843; 8 -11 -8877; 8 -11 -8923; 8 -11 -8964; 8 -11-
8965; 8 -11 -8966; 9 -11 -8998; 9 -11 -8999
Chairman Vickers stated that no one has showed or check in for the remaining cases and
asked if anyone else was present for the I" hearing. No one was present.
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 by
December 1, 2011 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 respective daily
amount specified in the staff recommendation for tonight hearing retroactive to the original
compliance deadline, also a $30.00 staff's administrative fee. Action: Approve, Moved by
Manny Quiroga, Seconded by Robert Swan. Motion passed unanimously.
PENALTY HEARINGS
Code Enforcement Board November 3, 2011
No one was present for penalty hearings.
Summary Adjudication:
Case #'s 2 -11 -8177; 2 -11 -8179; 2 -11 -8181; 5 -11 -8525; 5 -11 -8527; 6 -11 -8706; 8 -11 -8823;
8 -11 -8843; 8 -11 -8892; 8 -11 -8923; 8 -11 -8965; 8 -11 -8966; 9 -11 -8998;
Chairman Vickers stated that no one has showed or check in for the remaining cases and
asked if anyone else was present for the penalty hearing. 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.
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: Approve, Moved by Manny Quiroga, Seconded by Barry Perl.
Motion passed unanimously.
REQUEST FOR RELIEF
Case -10 -06 -1296
Owner: Burt & Marilyn Arkin
Address: 705 NE 95 St
Mrs. Arkin was there to present the case. The board asked several questions and after
discussion, Mrs. Arkin proposed to pay $100.00 within 5 days. After further discussion
Motion: to approve $100.00 within 5 days to release the lien on this property only. Action:
Approve, Moved by Manny Quiroga, Seconded by Robert Swan. Vote: Motion failed
(summary: Yes = 3, No = 3, Abstain = 0). Yes: John Patnik, Robert Swan, Manny
Quiroga. No: Barry Asmus, Barry Perl, Robert Vickers.
Case: 11 -10 -7942
Owner: Biscayne 88 Terr LLC
Address: 8851 Biscayne Blvd (My Coin Laundry)
Mr. Bob Oransky & Elie Ouakil were there to present the case. The board asked several
questions and after a discussion, Mr. Ouakil proposed to pay $900.00 within 15 days.
Motion: to approve $900.00 within 15 days to release the lien on this property only,
Action: Approve, Moved by Manny Quiroga, Seconded by Barry Perl. Motion passed
unanimously.
Case: 11 -10 -7938
Owner: Lucia Garcia
Address: 9426 NW 2 PI
Code Enforcement Board November 3, 2011
Jael Gastonovich & Lucia Garcia were there to present the case. The board asked several
questions and after a discussion, Mrs. Garcia proposed to pay $200.00 within 15 days.
Motion: to approve $200.00 within 30 days to release the lien on this property only,
Action: Approve, Moved by Robert Swan, Seconded by Manny Quiroga. Vote: Motion
failed (summary: Yes = 3, No = 3, Abstain = 0). Yes: Robert Swan, Manny Quiroga,
Robert Vickers. No: Barry Asmus, John Patnik, Barry Perl.
Case: 4 -09 -5606; 3 -11 -8341; 3 -11 -8343
Owner: Lynn Sammuli
Address: 510 -512 NW 113 St
Lynn Sammuli was there to present the case. The board asked several questions and after
discussion, Mr. Sammuli proposed to pay $2110.00 within 60 days. Motion: to approve
$2110.00 within 60 days to release the liens on this property only, Action: Approve,
Moved by Robert Swan, Seconded by Manny Quiroga. Vote: Motion failed (summary:
Yes = 3, No = 3, Abstain = 0). Yes: Robert Swan, Manny Quiroga, Robert Vickers. No:
Barry Asmus, John Patnik, Barry Perl.
MINUTES
October, 2011 minutes were approved unanimously.
NEXT MEETING
The next meeting will be on December 1, 2011.
There is no meeting January 2012.
ADJOURNMENT
November 3, 2011 Code Board meeting was adjourned.
Anthony Flores, Code Enforcement Supervisor
Robert Vickers, Chairman
Code Enforcement Board November 3, 2011