03-06-2014 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, March 06, 2014
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
March 06, 2014, 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, Bob Smith, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Chairman Robert Vickers
Manny Quiroga arrived at 6:40 p.m.
In Attendance
Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk
FIRST HEARING
No one present for first hearing.
Summary Adjudication for 1"Hearings:
Case #'s: 10-13-12030; 11-13-12088; 1-14-12204; 1-14-12205; 1-14-12231; 12-13-12173; 12-13-12175; 2-
13-10905; 2-14-12296; 2-14-12297; 2-14-12336; 3-13-11100; 4-13-11216; 4-13-11217; 4-13-11218; 4-13-
11232;5-13-11383;7-13-11659;9-13-11859.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
MOTION: 1 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 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 Staffs recommendations for tonight's hearing, retroactive to the
original compliance deadline,which will constitute a lien on the property of the violator. Further,with respect to
each such case, costs in the amounts specified in Staffs recommendations for tonight's hearings are hereby
assessed in order to recoup the Village's expenses in prosecuting the violations to date."
Moved by Barry Perl,seconded Barry Asmus.
Motion approved unanimously.
1
PENALTY HEARING
No one present for penalty hearings
Summary Adjudication for Penalty Hearings:
Case Ws: 10-13-11906; 10-13-11999; 10-13-12010; 10-13-12074; 10-13-12079; 11-13-12114; 11-13-12115; 11-13-12119;
11-13-12133; 11-13-12145; 1-14-12198; 12-13-12172; 12-13-12177;2-13-10926;3-13-11068;3-13-11074.
The officer, Anthony Flores, 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 Rod Buenconsejo,seconded by Barry Perl.
Motion passed unanimously. "
REQUEST FOR RELIEF
Case(s):3496;4874; 5298; 5301; 6008;6009; 7727;8136; 8137; 2000-01757;2000-02031;3-07-1695;3-
07-1697;3-07-1698; 4-08-4073;4-08-4075;4-09-5652
Owner:Robert Adelite
Address: 29 NW 110 St.
Attorney Prince A. Donnahue was present as representative for owner. Mr. Donnahue stated prior
owners were violators and new owner has remedied many of the violations. Attorney reviews cases with
board and language on Enforcement Order. House is for sale and under representative's knowledge
approximately $30,000 will be left for seller after lien and mortgages are paid off. March 12`h is
potential closing date. New buyer lives in California and will potentially rent home and possibly live
from time to time. Offer amended to $27,500.00 payable within 30 days. Discussion by board on years
the home was in violation. Realtor testified about potential buyer.
Motion:Upon receipt of$27,500 payable within 30 days the lien on this property be released.
Moved by Barry Perl,seconded by Bob Smith.
Vote: Motion passed.(Summary:Yes=5,No=1,Abstain=0).
Yes: John Patnik.Bob Smith,,Rod Buenconsejo,Barry Perl.Chairman Robert Vickers.
No: Barry Asmus,
0
2
Case: 2-12-9544
Owner:New Spring LLC
Address: 10504 NW 2 Avenue
Attorney Arnold M. Straus was present on behalf of owner. Pictures were presented to board of before
and after of property. House is not for sale. Offer made of$1,850.00 payable within 30 days.
Motion:Accept offer payable within 30 days.
Moved by Rod Buenconsejo,seconded by Barry Perl.
Vote: Motion passed unanimously.(Summary:Yes=7,No=0,Abstain=0).
Yes: Barry Asmus,John Patnik.Bob Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo,Chairman
Robert Vickers.
Case: 9-12-10321
Owner: Provident Funding LP
Address: 165 NE 98 St.
Attorney Chris Horton was present representing owner and stated the lis pendens was recorded on
foreclosed on property. House is now for sale and there is an offer on table of$375 but if it is not sold
property will probably be rented. Provident took tile in May 2012. Danny Ponce was present as
contractor and manager of property for provident funding and stated they were not aware of violation of
dirty pool. Board asked about time taken to fix violation. Contractor stated many components were
contributing factors to delay in cleaning pool such as property not having power and the pool pump
being stolen. Offer of made of$2500 payable within 30 days.
Motion: Upon payment of$10,000 payable in 10 days the lien be released.
Motion amended to 60 days.
Moved by Rod Buenconsejo,seconded by Barry Asmus.
Vote: Motion passed.(Summary: Yes=5,No=2,Abstain=0).
Yes: Barry Asmus,John Patnik.Bob Smith,Barry Perl,Rod Buenconsejo,
No:Manny Quiroga,Chairman Robert Vickers.
Case: 5-13-11436; 5-13-11437
Owner: Cory and Lisa Gittner
Address: 551 NE 102 St.
Mr. Gittner was present and stated that he had difficulty financially and could not repair sidewalk. He
was not aware he would have to repair sidewalk because he thought public works would repair. Mr.
Gittner settled with public works department about fixing sidewalk. Offer to pay$765 payable within 30
days.
Motion:Accept offer of$765 payable within 30 days and release liens.
Moved by Rod Buenconsjeo,seconded by Manny Quiroga.
Vote:Motion passed.(Summary: Yes=5,No=2,Abstain=0).
Yes: John Patnik.Bob Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.
No:Barry Asmus,Chairman Robert Vickers.
3
Case: 9-10-7621;2-13-10872; 2-13-10873; 2-13-10876
Owner:Vulcan Dynamic Realty
Address: 9425 N Miami Avenue
Representative Charles Levy was present on behalf of Vulcan Dynamic and stated that the violation
regarding expired permits was from previou"s owner. Vulcan Dynamic did not want a vacant property to
be vandalized like it was in the past and in order to rent property out promptly they did put in A/C and
fence without permits. Board makes note that Vulcan Dynamic wanted to rent home fast and disregarded
violations. Offer amended to$10,000 payable within 30 days.
Motion:Upon receipt of$20,000 payable within 60 days the liens be released.
Moved by Barry Asmus,no second.
Motion: Upon receipt of$10,000 payable within 30 days the liens be released.
Moved by Barry Perl,seconded by Rod Buenconsejo.
Vote:Motion passed.(Summary:Yes=5,No=2,Abstain=0).
Yes:John Patnik.Bob Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.
No: Barry Asmus,Chairman Robert Vickers.
Case: 7-09-5970
Owner: Lucky 13
Address: 131 NW 110 St.
Richard Hector was present as owner of property and purchased home in foreclosure. Fixed violations
and put almost $100,000 in property. House is for sale at $319,000.00 but might sell at $289,000.00.
Purchase price was $140,000.00, and title given on. Dec. 12, 2013. Board asked questions regarding
violations and compliance timeline. Offer is $3,200 payable within 30 days. Code Officer Flores asked
what improvements were made to house, and contractor stated a new roof, kitchen, sidewalk, sprinkler
system and bathroom were renovated in three months.
41
Motion:Accept offer and upon receipt of$3,200 payable 30 days the lien be released.
Moved by Barry Perl,seconded by Manny Quiroga
Vote:Motion passed.(Summary:Yes=6,No=1,Abstain=0).
Yes: Barry Asmus,John Patnik.Bob Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.
No: Chairman Robert Vickers.
Case: 10-13-12020; 10-13-12022
Owner: William and Ivet Ruiz
Address: 10125 Biscayne Blvd.
Jose Guriel was present as renter of property. Mrs. Ruiz was present as owner. Mrs. Ruiz stated she
received one notice and asked renter to remove car. Son Marcello signed certified mail with notices of
violations but parents were unaware that he signed. House is for sale and there is an offer but no
contract. Board shows Mrs. Ruiz pictures of stored items not allowed and Mrs.Ruiz stated she had been
to the property many times and nothing seemed out of place and she also made note that she is not
familiar with the code and does not know what is and is not considered a violation. Code officer Flores
make note that complaint was made by a neighbor about storage of vehicles. Offer to pay$300 payable
within 30 days.
Motion: Upon receipt of$1500 payable within 60 days and release be released.
Barry Asmus,seconded by Rod Buenconsejo
Vote:Motion passed.(Summary:Yes=5,No=2,Abstain=0).
Yes:Barry Asmus,John Patnik.Bob Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.
No: Manny Quiroga,Chairman Robert Vickers.
4
Case: 10-08-5003; 10-08-5004; 2-09-5382
Owner: Leslie Swisher
Address: 70 NW 105 St.
Leslie Swisher and Victor Morales were present and stated they took care of violations and were not
aware of liens. Mr. Morales stated that they had violations before and remedied them. Property is in a
short sale process. Board makes note that certified mail was signed by Mr. Morales and therefore was
aware of violations. Offer to pay$50 payable within 30 days.
Motion:Accept offer of$50 payable within 30 days.
No second.
Case: 8-08-4632; 9-08-4723; 10-09-6393
Owner:Miguel Ramos
Address: 1482 NE 102 St.
Lorena Laje was present as current renter of property that is trying to buy house and just became aware
of the liens on the 26'h of February. Violations were not incurred by her or her family and are requesting
board accept offer so that bank approves sale. House needs improvements and they are willing to make
improvements. Board asks questions about owner and makes note of his absence at the hearing. Offer to
pay$6000 payable 90 days.
Motion: Accept the offer of$6000 payable within 90 days if and only if a closing occurs for the sale
of this property to Lorena Laje and Hugo Santilla.
Moved by Manny Quiroga,seconded by Barry Perl.
Vote:Motion passed.(Summary: Yes=6,No=1,Abstain=0).
Yes: Barry Asmus,John Patnik.Bob Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.
No: Chairman Robert Vickers.
Motion:Approve minutes subject to correction on vote for last case on page 9
Moved by Manny Quiroga,seconded by Rod Buenconsejo.
Motion passed unanimously.
NEXT MEETING
The next meeting will be on April 03, 2014
ADJOURNMENT
March 06, 2014 Code Board meeting was adjourned
D
V
Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
5