05-02-2013 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, May 02, 2013
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
May 02, 2013, 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.
Absent: Robert Vickers (Chairman)
Richard Sarafan, Village Attorney(ABSENT)
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk
All witnesses were sworn in by the Clerk.
"Do you solemnly swear or affirm that the testimony you are about to give will be the truth,the whole
truth,and nothing but the truth."
FIRST HEARING
Case: 3-13-11089
Owner: Walter&Rosemarie Bordeaux
Address: 76 NE 102 St.
Violations: 539/540
Code Officer Anthony Flores gave background to violation,conducting a business in an accessory structure
with employees is prohibited. Complaint stemmed from neighbor that testified there was a lot of activity
coming from the property,such as dropping off and picking up materials/envelopes and testified Betty Lasch
is a realtor and operating out of the garage. Staff gathered information from SunBiz.org that shows Ms.
Lasch's realty office located at 76 NE 102 St.Broker's license was also registered at home address.
Richard Gomez was present as Mr.&Mrs. Bordeaux's attorney and asked staff if he conducted any type of
investigation that would show proof that a business was being run out of the home.
Code officer Flores mentioned previous to this matter,there were other issues on property and 2nd Code
Officer Mike Orta scheduled a visit with Mr.Bordeaux to look at the inside of garage and there did not seem
to be anything indicating a business being run out of garage but the complaints kept coming in and after
gathering some information it led staff to believe that there indeed was a business at property.Automobile
tags were run on 2 cars on the property and addresses were different than the property address of 76 NE 102
Street.
Mr. Gomez presented mail as proof that Betty Lasch does live at 76 NE 102 St.
Board members ask questions.
Testimony from Neighbor:Dennis Leyva resides at 69 NE 102 St. and his home faces directly across from 76
NE 102 St.Mr.Leyva presented a log of when both Ms.Lasch and her friend/employee arrive in the morning
and leave in the evening.Mr.Leyva mentioned there has been a lot of traffic for a while.
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Testimony from Rosemarie Bordeaux home owner of 76 NE 102 St.Mrs.Bordeazux mentioned Ms. Lasch is
her mother and lives at home. She does spend some time at her boyfriend's home but moved in a couple of
years ago.
Testimony from Neighbor: Clarke Reynolds resides at 69 NE 102 St.Mr.Reynolds has a flexible work
schedule and has noticed the constant traffic at neighbors home and after a period of time he noticed that
there were two constant individuals at the property. They noticed that two people were always in the garage
and from a previous house hunt they realized that the neighbor was a real estate agent and it was Ms.Betty
Lasch.
Code Officer Flores read code section 539/540.
Testimony from Andres Paredes,resides at 60 ne 102 St.mentioned that he provided staff with Ms. Lasch's
last two years of transactions and does not know if there is a business being conducted out of home but Ms.
Lasch sales are currently active.
Board members discuss.
Motion: Burden of proof has not been met for business being run out of garage/employee.Move for case to
be dismissed.
Moved by Barry Asmus,seconded by Joh Patnik.
Vote:Motion denied(Summary:Yes=3,No=3,Abstain=0).
Yes:Barry Asmus,John Patnik,William Robert Smith,
No: Manny Quiroga,Rod Buenconsejo,Vice Chairman Barry Perl.
Discussion by board.
Motion:With respect to case(s)3-13-11089: I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s)539/540 of the Miami Shores Village Code."The offending party
shall correct all such violations within 90 days and shall immediately notify the Code Enforcement Officer
when the property is brought into compliance. If the violation is not brought into compliance by that time,the
Code Enforcement Officer may report back to the Board and,in such event,a fine is hereby authorized to be
automatically assessed against the violator in the amount of$50.00,a day thereafter,which will constitute a
lien on the property of the violator. Costs in the amount of$30 are hereby assessed to recoup the Village's
expenses in prosecuting the violation to date.
Moved by Vice Chair Barry Perl,Seconded by Manny Quiroga.
Board discussion.Receipt is presented as evidence that Ms. Lasch has rented a virtual office.
Vote: Motion passed(Summary:Yes=4,No=2,Abstain=0).
Yes: William Robert Smith,Manny Quiroga,Rod Buenconsejo,Vice Chairman Barry Perl.
No: Barry Asmus,John Patnik.
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Summary Adjudication for 1St Hearings:
Case#'s: 1-13-10736; 1-13-10739; 1-13-10765; 1-13-10768; 1-13-10072; 1-13-10773; 2-13-10862; 2-13-
10866; 2-13-10881; 2-13-10894; 2-13-10923; 2-13-10959; 2-13-10960; 3-13-10974; 3-13-11010; 3-13-
11107; 7-12-10156
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
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 the time period specified by Staff in the Staff recommendations for these hearings
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 Asmus,Seconded by Bob Smith.
Motion passed unanimously.
PENALTY HEARINGS
Vice Chairman acknowledges that no one is present for penalty hearing.
Summary Adjudication for Penalty Hearings:
Case Ws: 11-12-10628; 1-13-10690; 1-13-10691; 1-13-10751; 1-13-10775; 1-13-10807; 1-13-10821; 1-13-10826; 1-13-
10844-12-12-10663;2-13-10865;2-13-10872;2-13-10873;2-13-10876;2-13-10910;2-13-10918;2-13-10943;3-13-11103;
3-13-11104;3-13-11105;7-12-10186;7-12-10189.
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 Barry Asmus,Seconded by Rod Buenconsejo.
Motion passed unanimously.
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REQUEST FOR RELIEF
Case: 10-07-2898; 12-11-9402
Owner: B&L Realty Holdings,LLC
Address:395 NE 97 St.
Managing member Mr. Bromleyy was present and stated they bought property with liens and
they were not the violators. Before they bought the property they re-sodded the Swale and when
they became the owners they began to fix and clean the roof. They are also renovating property
with intent to sale.Offer to pay$5000 within 10 days.
Motion: Upon receipt of $10,000 payable within 14 days the liens on this property and this
property only be released.
Moved by Barry Asmus seconded by John Patnik.
Vote: Motion passed(Summary:Yes=5,No=1,Abstain=0).
Yes:Barry Asmus,John Patnik,Manny Quiroga,Rod Buenconsejo,Vice Chairman Barry Perl.
No: William Robert Smith.
Case: 12-11-9407; 12-11-9408; 12-11-9409; 12-11-9410;3770; 9418
Owner: Philip Katzman
Address: 260 NW 112 Terrace
Mr. Philip Katzman and realtor Judy Paladino were present and stated house is up for sale and
under between amount owed and what will house will probably sell for there will not be much if
any of a monetary gain for Mr. Katzman. Board members asked questions. Offer to pay $100
payable within 10 days.
Motion: Upon payment of$7,500 payable within 180 days the liens on this property be released.
Moved by Bob Smith,seconded by Rod Buenconsejo.
Board discussion.
Vote:Motion passed(Summary: Yes=5,No=1,Abstain=0).
Yes:, John Patnik, William Robert Smith, Manny Quiroga, Rod Buenconsejo, Vice Chairman Barry
Perl.
No: Barry Asmus
Case:4-09-5633
Owner:Donato Masucci
Address: 1256 NE 92 St.
Mr. Masucci was present for a second time; board members recalled case and did not have any
questions.Offer to pay$1500 within 90 days.
Motion: Move to accept offer of$1500 payable within 90 days and remove the lien.
Moved by Rod Buenconsejo,seconded by Manny Quiroga.
Vote:Motion passed(Summary:Yes=5,No=1,Abstain=0).
Yes: John Patnik, William Robert Smith, Manny Quiroga, Rod Buenconsejo, Vice Chairman Barry
Perl.
No: Barry Asmus
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Motion to approve April minutes.
Moved by Barry Asmus seconded by Manny Quiroga.
Motion passed unanimously.
NEXT MEETING
The next meeting will be on June 06, 2013
ADJOURNMENT
May 02, 2013 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor Barry Perl,V' e Chairman
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