07-7-11 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES
Thursday July 7 "' 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
July 7th, 2011, 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
Rod Buenconsejo
John Patnik
Barry Asmus
Robert Swan
Manny Quiroga
Barry Perl
ALSO PRESENT: Jesus Suarez, Asst. Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
All witnesses were sworn in by the Asst. Village Attorney, Mr. Suarez.
FIRST HEARING
Case: 5 -11 -8613
Owner: Asherann Hanna Newbold
Address: 1154 NE 91 Tr.
Section: 6 -1; 64(a)
Violations: Adoption of technical code (Florida Building Code); Unauthorized
Construction/ Expired permit(s)
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation existed on the property. Mrs. Newbold was there to present the case. Following
discussion by the Board, Mr. Quiroga moved to table this case until the meeting, Aug 4,
2011. Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7 -0
Summary Adjudication For 1st Hearings:
Case #'s: 1 -11 -8087; 1 -11 -8099; 3 -11 -8322; 3 -11 -8341; 4 -11 -8361; 4 -11 -8363; 4 -11 -8442;
4 -11 -8448; 4 -11 -8465; 4 -11 -8466; 4 -11 -8467; 4 -11 -8477; 5 -11 -8545; 5 -11 -8546; 5 -11-
8547; 5 -11 -8549; 5 -11 -8555; 5 -11 -8556; 5 -11 -8557; 5 -11 -8558; 5 -11 -8560; 5-11-8567-15-
11-8589; 5 -11 -8590; 5 -11 -8591; 5 -11 -8592; 5 -11 -8608; 5 -11 -8610; 5 -11 -8612; 5 -11 -8614;
5 -11 -8615; 6 -11 -8622; 6 -11 -8624; 6 -11 -8626; 6 -11 -8654; 6 -11 -8655
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.
Code Enforcement Board 1 July 7, 2011
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 Aug 3, 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 amount of
$50.00 a day thereafter and also a $30.00 staffs administrative fee. Mr. Buenconsejo
seconded the motion. The vote was unanimous in favor of the motion 7 -0.
PENALTY HEARINGS
Summary Adiudication:
Case #'s 11 -10 -7938; 11-10-7955; 2 -11 -8185; 2 -11 -8186; 3 -11 -8256; 3 -11 -8286; 3 -11-
8343; 4 -11 -8425; 4 -11 -8426; 5 -10 -7154; 5 -11 -8530; 5 -11 -8538; 5 -11 -8539; 5 -11 -8541; 5-
11- 8543;5 -11 -8561; 6 -10 -7313
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: 7 -07 -2408; 12 -08 -5142; 3 -09 -5513; 3 -09 -5514
Owner: James Wilson (Eddy Miller)
Address: 89 NW 106 St.
Mr. Miller was there to present the case. The board asked several questions and after a
discussion, Mr. Miller proposed to pay $7,000.00 within 90 days. Mr. Buenconsejo moved
to accept the proposed amount by Mr. Miller or Mr. Sabido only, for release of the above
referenced property only. Mr. Asmus seconded the motion. The vote was in favor of the
motion 6 -1, Mr. Patnik voted no.
Code Enforcement Board 2 July 7, 2011
Case: 7 -07 -2475; 3 -08 -3843; 3 -08 -3844; 3 -08 -3845; 3 -08 -3846; 3 -08 -3847; 3 -08 -3848; 3-
08 -3850
Owner: Residential Funding Corp. (Raul Gonzalez)
Address: 455 NE 91 St.
Mr. Gonzalez was there to present the case. The board asked several questions and after a
discussion, Mr. Gonzalez proposed to pay $15,000.00 within 60 days. Mr. Perl moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Quiroga seconded the motion. The vote was unanimous in favor of the motion 7 -0.
Case: 10 -09 -6358; 10 -09 -6359
Owner: Allied Mortgage & Investment Fund, LLc (Daniel Jacobs & Judy Sidorevskaya)
Address: 85 NE 97 St.
Mr. Jacobs and Mrs. Sidorevskaya were there to present the case. The board asked several
questions and after a discussion, the applicants proposed to pay $5,000.00 within 30 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.
Case: 2-11-8122
Owner: Noelle Bowman
Address: 117 NW 101 St.
Mrs. Bowman was there to present the case. The board asked several questions and after a
discussion, Mrs. Bowman proposed to pay $200.00 within 30 days. Mr. Perl moved to
accept the proposed amount for release of the above referenced property only. Mr. Swan
seconded the motion. The vote was in favor of the motion 4 -3, Mr. Asmus, Mr. Quiroga
and Mr. Buenconsejo voted no.
Case: 6 -07 -2264; 2 -08 -3712; 3 -08 -3744; 3 -08 -3745; 7 -10 -7358
Owner: BE MA Real Estate Investments IV LLc (Elvin Fuente)
Address: 118 NW 97 St.
Mr. Fuente was there to present the case. The board asked several questions and after a
discussion, Mr. Fuente proposed to pay $5,000.00 within 10 days. The offer was denied
due to lack of motion.
Case: 6 -10 -7256
Owner: Chris & Natalia Hunt (Nancy Dawson)
Address: 54 NE 100 St.
Mrs. Dawson was there to present the case. The board asked several questions and after a
discussion, Mrs. Dawson proposed to pay $3,000.00 within 90 days. Mr. Buenconsejo
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.
Code Enforcement Board 3 July 7, 2011
Case: 4 -08- 4094;8 -08 -4590; 9 -09 -6320
Owner: Denis Rovinskiy and Miguel Blanco
Address: 65 NE 106 St.
Mr. Rovinskiy and Mr. Blanco were there to present the case. The board asked several
questions and after a discussion, the applicants proposed to pay $2,000.00 within 30 days.
Mr. Swan moved to accept the proposed amount for release of the above referenced
property only, and Mr. Quiroga seconded the motion. The vote was unanimous in favor of
the motion 7 -0.
MINUTES
Mr. Swan moved to accept June 2 "d, 2011 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 Aug 4th, 2011.
ADJOURNMENT
July 7th, 2011 Code Board meeting was adjourned.
Code Enforcement Board 4 July 7, 2011