CODE ENFORCEMENT BOARD MEETING 09-6-20181
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, September 6, 2018
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 6,
2018, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman,
Robert Smith.
Roll Call .
Present: Ms. Kimberly Bruce, Mr. Patrick Huber, Ms. Gladys Coia, Chairman Robert Smith.
Mr. Ronnie Guillen came in after 1st case was heard.
Absent: Mr. Robert Vickers, Mr. Rod Buenconsejo, Lazaro Remond, Code Compliance Director
Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth, the
whole truth and nothing but the truth.
In Attendance
Richard Sarafan, Village Attorney
Michael Orta, Code Compliance Officer
Mariana Gracia, Code Enforcement Secretary
FIRST HEARING
Case # 7-18-18156
Antonia Maestrova on behalf of David Campo
249 Grand Concourse
Ms. Antonia Maestrova was present and wished to testify on behalf of her husband David Campo. She
stated that she agreed that there is a violation. Ms. Maestrova mentioned that the there is a tree that stains
the driveway and she would like to remove it. The Chair instructed Ms. Maestrova to contact the Public
Works Department to find out about removing the tree. Officer Orta testified that the property was posted
in a timely manner. Ms. Maestrova testified that they had called when they received the first notice. She
requested 30 days extension.
Motion: With respect to case 7-18-18156, I move that the case, be continued until the next meeting
in October 4, 2018.
Motion by Mr. Patrick Huber
Seconded by Ms. Gladys Coia
The Motion was approved 4-0
Summary Adjudication for 1st Hearings: Case(s): 2-18-17402; 3-18-17466; 5-18-17792; 6-18-17941;
6-18-17944; 6-18-17945; 6-18-17991; 7-18-18083; 7-18-18173; 8-18-18326.
The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists
in each of the files.
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Discussion took place about case #5-17-16472 what is the hazardous condition. Mr. Orta said that it is
the sidewalks in disrepair. Case #3-18-17483 what is the unsightly house exterior. Mr. Remond
explained the violation detail.
Motion: I move for 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 such case, the offending party shall correct the violation within time
period specified and 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 period, the Code Enforcement Officer may report this fact 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 amounts specified in staff’s
recommendations for tonight’s hearing, retroactive to the original compliance deadline. Further,
with respect to each such case, costs in the amounts specified in Staff’s recommendations for
tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the
violations to date.”
Moved by Mr. Patrick Huber, seconded by Ms. Gladys Coia
Vote: Motion was approved 5-0
The officer, Mike Orta, testified that Affidavits of Non-Compliance and evidence of violation exists in
each of the files.
PENALTY HEARING
Summary Adjudication for Penalty Hearings: Case #’s: 3-18-17562; 3-18-17563; 4-18-17580; 4-18-
17581; 4-18-17586; 5-18-17822; 5-18-17827; 5-18-17828; 5-18-17829; 6-18-17955; 6-18-18017.
The officer, Mike Orta, testified that Affidavits of Non-Compliance and evidence of violation exists in
each of the files.
Motion: I move that, in each case currently remaining on the penalty docket for tonight’s hearing,
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 from the day the violation was to
have been corrected, that upon recording, the Board’s Order in this regard will constitute a lien on
the property of the violator.
Moved by Mr. Patrick Huber seconded by Ms. Gladys Coia
Motion carries 5-0
REQUEST FOR RELIEF
Case(s): 3-17-16309; 7-15-14286; 7-15-14287
Owner: Charlene Lewis
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Address: 149 NW 108 Street
Ms. Charlene Lewis was present and wished to testify. She testified of her financial hardship and
personal hardship. She asked the Board for a second chance. She is refinancing the house. She
purchased the house in 2008. The house was vacant for a couple of years.
Motion: That upon receipt of $9,000.00 payable within 90 days that the liens be released.
Moved by Mr. Patrick Huber, seconded by Ms. Kimberly Bruce
Vote: Motion Passed 5-0
Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman
Robert Smith.
Case(s): 7-16-15535; 5-10-7091
Owner: Radames Alvelo
Address: 233 NE 103 Street
Mr. Alvelo was present and wished to testify. He lived in Miami Shores for a long time. There was
financial difficulties due to personal issues. He asked the Board for their consideration. The Board asked
questions. Mr. Alvelo is in the process of refinancing. Mr. Sarafan asked questions about why Mr.
Alvelo did not take care of the violations sooner.
Motion: That upon receipt of $500.00 payable within 60 days that the lien be released.
Moved by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen
Vote: Motion Passed 5-0
Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman
Robert Smith.
Case(s): 11-17-17147
Owner: Onyx Real Estate Holding LLC
Address: 210 NW 105 Street
Mr. Shawn Phillips was present and testified. He did not know what the size allowed was originally.
This container utilized to store his sister’s furniture. The Board asked questions. Mr. Smith disclosed he
had driven by the property and the container had moved. Mr. Sarafan explained that permitting was
obtained and this was just a misunderstanding.
Motion: That upon receipt of $665.00 payable within 30 days that the lien be released.
Moved by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen
Vote: Motion Passed 5-0
Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman
Robert Smith.
Case(s): 7-15-14309
Owner: Alan Major
Address: 105 NW 94 Street
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Mr. Alan Major was present and wished to testify. He testified that he had served as State Trooper and is
now retired. He feels odd testifying he has never been in this predicament. He testified that this was a
misunderstanding. He removed the awnings. He did not know that he had a lien on his property. He has
lived here for 29 years. Mr. Major testified that this was a case of an oversight. The Board asked
questions. He is not selling nor is he refinancing. Officer Orta testified that the house was in good
conditions. Mr. Sarafan asked what Mr. Major’s rank was? Mr. Major, said Mayor.
Motion: That upon receipt of $300.00 payable within 60 days that the lien be released.
Moved by Mr. Patrick Huber, seconded by Ms. Gladys Coia
Vote: Motion Passed 5-0
Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman
Robert Smith.
Case(s): 12-11-9418; 2-18-17342
Owner: Sergio Perez
C/O KGBPA Law
12000 Biscayne Blvd.
Miami, FL 33181
Address: 100 NE 101 Street
Attorney for KGBPA Law testified that there were not aware of the fact of the increase on the second
fine. Attorney for KGBPA Law testified that his client did not know about the fines. He testified that his
client had to travel a lot because of his employment. The Board asked questions. Attorney for KGBPA
Law could not tell the Board how much the house was in the market for. He did not know the price they
are asking. The Board wanted to know what the sale price was. The item was tabled until the end of the
meeting to allow Attorney for KGBPA Law to look for the price. Attorney for KGBPA Law came back
with selling price of 650,000.00 but he did not know the principal balance of the mortgage is. He does not
know that the Realtor ordered the Estoppel letter. The Board emphasizes that it is very important to know
how much is remaining on the mortgage. Attorney for KGBPA Law came back once again with new
information but no amount on the mortgage to his knowledge.
Motion: That upon receipt of $2,870.00 payable within 60 days that the lien be released.
Moved by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen
Vote: Motion Passed 5-0
Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman
Robert Smith.
MINUTES
Minutes for August 2, 2018
Motion to approve the August 2, 2018 minutes as amended, by Mr. Patrick Huber, seconded by Chairman
Smith, and the Motion passed 5-0.
Ms. Bruce announced that she was leaving and this was her last meeting with us. She is moving to
Birmingham, Alabama. The Board expressed their gratitude for her service on this Board.
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NEXT MEETING
The next meeting will be on October 4, 2018
ADJOURNMENT
September 6, 2018 Code Board meeting adjourned.
________________________________ _____________________________
Michael Orta, Code Compliance Officer Robert Smith, Chairman