08-4-11 Regular MeetingPS
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday August 4th 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
August 4th, 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
Manny Quiroga
John Patnik
Barry Asmus
Robert Swan
Barry Perl
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
ABSENT: Rod Buenconsejo
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case: 6 -11 -8678
Owner: Landsdowne Real Estate Holdings LLC
Address: 140 NW 110 St.
Section: 20 -17; 520(1) ; 536/537
Violations: Failure to maintain parkway; Landscape Design & Maintenance
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mr. Dishaw was there to present the case. Following
discussion by the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law
that a violation exists according to Section(s) 20 -17; 520(i) ; 536/537 of the Miami Shores
Village Code. The violator shall correct the violation by Aug. 31, 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 6 -0.
Case: 5 -11 -8521
Owner: Jean Claude Best
Address: 571 NW 112 St..
Section: 6 -4(a)
Violations: Unauthorized construction/Expired permits
Code Enforcement Board 1 August 4, 2011
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mr. Best was there to present the case. Following
discussion by the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law
that a violation exists according to Section(s) 64(a) of the Miami Shores Village Code.
The violator shall correct the violation by Aug. 31, 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.
Asmus seconded the motion. The vote was in favor of the motion 5 -1. Mr. Swan voted no.
Case: 5 -11 -8613
Owner: Hanna Newbold
Address: 1154 NE 91 Tr.
Section: 6 -1; 64(a)
Violations: Adoption of technical code (Florida Bldg. Code); Unauthorized Construction/
Expired permit(s)
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mrs. Newbold 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(s)6 -1; 6 -4 of the Miami Shores Village Code. The
violator shall correct the violation by Oct. 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 in favor of the motion 5 -1. Mr. Swan voted no.
Summary Adiudication For Vt Hearings:
Case #'s: 2 -11 -8146; 3 -11 -8306; 5 -11 -8551; 5 -11 -8552; 6 -11 -8621; 6 -11 -8653; 6 -11 -8662;
6 -11- 8663; 6 -11 -8679; 7 -11 -8754; 7 -11 -8755; 7 -11 -8760; 7 -11 -8777; 7 -11 -8778
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 August 31, 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
Code Enforcement Board 2 August 4, 2011
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. Perl seconded the
motion. The vote was unanimous in favor of the motion 6 -0.
PENALTY HEARINGS
Summary Adiudication:
Case #'s 10 -10 -7794; 2 -11 -8235; 3 -11 -8322; 3 -11 -8328; 3 -11 -8341; 4 -11 -8361; 4 -11-
8363;4-11- 8383;4 -11- 8424;4 -11- 8465;4 -11- 8466;5 -11- 8556;5 -11- 8558;5- 11- 8608;5-
11 -8612; 6 -11 -8624; 6 -11 -8654; 6 -11 -8655
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. Perl seconded the motion and the vote was unanimous in favor
of the motion 6 -0.
REQUEST FOR RELIEF
Case: 2 -11 -8119
Owner: Lazaro Alvarez
Address: 372 NE 98 St.
Mr. Alvarez was there to present the case. The board asked several questions and after a
discussion, Mr. Alvarez proposed to pay $500.00 within 30 days. Mr. Swan moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Patnik seconded the motion. The offer failed to be accepted. Mr. Asmus, Mr. Perl and
Chairman Vickers 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
Address: 118 NW 97 St.
Mr. Puente was there to present the case. The board asked several questions and after a
discussion, Mr. Puente proposed to pay $9,000.00 within 30 days. Mr. Swan moved to
accept the proposed amount for release of the above referenced property only, and
Chairman Vickers seconded the motion. The vote was in favor of the motion 4 -2. Mr.
Asmus and Mr. Perl voted no.
Code Enforcement Board 3 August 4, 2011
Case: 4 -08 -4133; 4 -08- 4134;4 -08 -4135; 4 -08- 4136;4 -10 -7029; 4 -10 -7031
Owner: HSBC Bank USA
Address: 102 NW 108 St.
Mr. Cleveland was there to present the case. The board asked several questions and after a
discussion, Mr. Cleveland proposed to pay $9,000.00 within 30 days. Mr. Swan moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Patnik seconded the motion. The vote was in favor of the motion 4 -2. Mr. Asmus and Mr.
Per] voted no.
Case: 7 -10 -7358
Owner: Ref Broward LLC
Address: 118 NW 97 St.
The applicant did not attend the meeting. Mr. Quiroga moved to accept the proposed
amount on the submitted application, of $1,500.00 within 30 days, for release of the above
referenced property only, and Mr. Patnik seconded the motion. The vote was in favor of the
motion 4 -2. Mr. Asmus and Chairman Vickers voted no.
MINUTES
July 7n' 2011 minutes were tabled until the September meeting.
NEXT MEETING
The next meeting will be on September I st, 2011.
ADJOURNMENT
August 4a' 2011 Code Board meeting was adjourned.
Valerie Bierley, Clerk
Robert Vickers, Chairman
Code Enforcement Board 4 August 4, 2011