12-1-11 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES
Thursday December 1, 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
December 1, 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, Rod
Buenconsejo, Robert Vickers.
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
No one present for first hearings.
Summary Adjudication for 1" Hearings:
Case #'s: 10 -11 -9076; 10 -11 -9111; 11 -11 -9178; 2 -11 -8214; 8 -11 -8827; 8 -11 -8827; 8 -11-
8829; 8 -11 -8832; 8 -11 -8896; 8 -11 -8899; 8 -11 -8917; 8 -11 -8951; 8 -11 -8952; 8 -11 -8953; 9-
11 -9012
Chairman Vickers stated that no one has showed or check in for the remaining cases and
asked if anyone else was present for the 15t 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
February 2, 2012 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 Rod Buenconsejo. Motion passed unanimously.
Code Enforcement Board December 1, 2011
PENALTY HEARINGS
No one was present for penalty hearings.
Summary Adjudication:
Case #'s 10 -11 -9052; 6 -11 -8651; 7 -11 -8741; 8 -11 -8861; 8 -11 -8944; 8 -11 -8954; 8 -11-
8957; 9 -11- 8989;9 -11- 9022;9 -11 -9036
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 Rod Buenconsejo.
Motion passed unanimously.
REQUEST FOR RELIEF
Case -11 -10 -7928
Owner: Lucia Garcia
Address: 9426 NW 2 PI
Mrs. Garcia was there to present the case. Speaking on her behalf was her daughter Jae]
Gastonovich. The board asked several questions and after discussion, Mrs. Garcia proposed
to pay $250.00 within 10 days. Offer failed for a lack of motion.
Case: 7 -10 -7348
Owner: Marvin Gunn
Address: 9150 N. Bayshore Dr.
Marvin Gunn was there to present the case. Mr. Gunn explained that the lien was holding
up a short sale on another property he owned at 126 SW 17" Rd, Unit 605, Miami,
Florida. The board asked several questions and after a discussion, Mr. Gunn proposed to
pay $1000.00 within 30 days for a limited release of lien to release property 126 SW 176
Rd, Unit 605, Miami, Florida only. Motion: to approve $1000.00 within 30 days to release
the lien on property 126 SW 17th Rd, unit 605, Miami, Florida only , Action: Approve,
Moved by Barry Pert, Seconded by Barry Asmus. Vote: Motion passed (summary: Yes =
6, No = 1, Abstain = 0). Yes: Barry Asmus, Robert Swan, Barry Perl, Manny Quiroga,
Rod Buenconsejo, Robert Vickers. No: John Patnik.
Code Enforcement Board December 1. 2011
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 $4000.00 by January 15, 2012. Motion: to
approve $4000.00 by January 15, 2012 to release the liens on this property only. Action:
Approve, Moved by Barry Perl, Seconded by Manny Quiroga.
Motion passed unanimously.
Case: 10 -07 -2842; 2 -08 -3612
Owner: Wilmer & Mariedy Mendoza
Address: 9826 NW I Ave
Mr. Mendoza was there to present the case. The board asked several questions, Mr. & Mrs.
Mendoza stated he currently reside at 10667 NE 11 Ave and will have family members
living at 9826 NW 1 Ave. After further discussion Mr. Mendoza proposed to pay $4000.00
within 90 days. Motion: to approve $4000.00 within 90 days to release the lien on this
property only. Action: Approve, Moved by Rod Buenconsejo, Seconded by Barry Perl.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.
No: Barry Asmus, John Patnik.
Case: 2005 -05917
Owner: Paul Mosheim
Address: 1098 NE 96 St
Mr. Mosheim was there to present the case. The board asked several questions and after
further discussion, Mr. Mosheim proposed to pay $1000.00 within 10 days. Motion: to
approve $1000.00 within 10 days to release the lien on this property, Action: Approve,
Moved by Rod Buenconsejo, Seconded by Robert Swan. Vote: Motion passed
(summary: Yes = 5, No = 2, Abstain = 0). Yes: Robert Swan, Barry Perl, Manny
Quiroga, Rod Buenconsejo, Robert Vickers. No: Barry Asmus, John Patnik.
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
further discussion, Mrs. Arkin proposed to pay $300.00 within 30 days. Motion: to accept
$300 within 30 days to release the lien on this property only, Action: Approve, Moved by
Barry Perl, Seconded by Barry Asmus. Motion passed unanimously.
Code Enforcement Board December 1, 2011
MINUTES
November, 2011 minutes were approved unanimously.
NEXT MEETING
The next meeting will be on February 2, 2011.
There is no meeting January 2012.
BOARD APPOINTMENTS
Motion: to nominate Robert Vickers to the position of Chairman of the Code Enforcement
Board., Action: Nominate, Moved by John Patnik, Seconded by Rod Buenconsejo.
Motion: to nominate Manny Quiroga to the position of Chairman of the Code Enforcement
Board., Action: Nominate, Moved by Barry Per], Seconded by Robert Swan. Motion: to
close nomination, Action: Accept, Moved by Rod Buenconsejo, Seconded by Barry Per].
Motion passed unanimously. After further discussion the board held a vote to elect the
Chairman by majority vote. Vote: Manny Quiroga: Robert Swan, Barry Perl, Manny
Quiroga, Rod Buenconsejo. Robert Vickers: Barry Asmus, John Patnik, Robert Vickers.
(Summary: Manny Quiroga = 4, Robert Vickers = 3, Abstain = 0).
Mr. Quiroga was elected Chairman of the Code Enforcement Board.
Motion: to nominate Robert Vickers as Vice Chairman of the Code Enforcement Board,
Action: Nominate, Moved by Barry Perl, Seconded by Barry Asmus. Mr. Vickers
declined the nomination.
Motion: to nominate Robert Swan to vice chairman of the Code Enforcement Board.,
Action: Nominate, Moved by Barry Perl, Seconded by Manny Quiroga. Mr. Swan
accepted nomination. Motion: to nominate Barry Asmus as vice chairman of the Code
Enforcement Board., Action: Nominate, Moved by Robert Vickers, Seconded by Rod
Buenconsejo. Mr. Sarafan called to close nominations. Vote: Motion carried by unanimous
roll call vote (summary: Yes = 7). Yes: Barry Asmus, John Patnik, Robert Swan, Barry
Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers. The board held a vote to elect the
Vice Chairman by majority vote. Vote: Barry Asmus: Barry Asmus, John Patnik, Rod
Buenconsejo, Robert Vickers. Robert Swan: Robert Swan, Barry Perl, Manny Quiroga.
(Summary: Barry Asmus = 4, Robert Swan = 3, Abstain = 0).
Mr. Asmus was elected Vice Chairman of the Code Enforcement Board.
ADJOURNMENT
December 1, 2011 Code Board meeting was adjourned.
Anthony Flores, Code Enforcement Supervisor
Robert Vickers, Chairman
Code Enforcement Board December 1, 2011