06-06-2013 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, June 06, 2013
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
June 06, 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, Chairman Robert Vickers.
Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk
All witnesses were sworn in by Village Attorney.
FIRST HEARING
Case: 3-13-11063;4-13-11191
Owner: Stephen K.Harper,Odalys Acosta
Address: 29 NW 94 St
Violations: 20-17;536(a)(b);537(a)(3)(4);6-4(a)
Mr. Harper was present to dispute violation.With regards to case 3-13-11063, Code Officer Mike
Orta showed board members pictures of swale and presented letter sent from Mr.Harper that
mentioned that he did re-sod the swale and violation was corrected but pictures taken the day of the
hearing provided proof that the swale was not in compliance. Mr. Harper looked at pictures and
mentioned he did re-sod but son's car might have ruined sod and he would correct violation within
a matter of days.
Motion: With respect to case(s):3-13-11063 I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s)20-17; 536(a)(b);537(a)(3)(4)of the Miami Shores Village Code.
"The offending party shall correct all such violations within 30 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 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 Manny Quiroga,Seconded by Barry Asmus.
Motion approved unanimously.
Mr. Harper also disputed violation of unauthorized construction/expired permits.Code Officer
Mike Orta stated Mr.Harper painted his home without a permit and color must be approved by city
before you are allowed to paint. Mr. Harper lead what he understood about the code and mentioned
he does not believe that he is in violation because the work did not exceed$100 and did not
remodel house. Board members asked questions regarding cost of paint and mentioned a permit is
required. Officer Mike Orta mentioned that color is different from what was painted before.
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Motion:With respect to case(s): 4-13-11191 I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s)6-4(a)of the Miami Shores Village Code."The offending party
shall correct all such violations within 30 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 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 Barry Perl,Seconded by Manny Quiroga.
Motion approved unanimously.
Case: 3-13-11094;3-13-11095
Owner: Stephen and Joan Lutton
Address: 167 NW 109 St.
Violations:20-17; 536(a)(b);537(a)(3)(4); 12-133
Code Officer Anthony Flores showed proof with regard to case 3-13-11094,Failure to maintain the
swale. Dr. Lutton looked at pictures and did not dispute the swale was in disrepair but,mentioned
she was on her way to correcting violation.Mr. Flores and Dr. Lutton did confirm that area was
being chemically treated for the weeds and needed some time to place sod.
Motion:With respect to case(s):3-13-11094 I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s)20-17; 536(a)(b);537(a)(3)(4)of the Miami Shores Village Code.
"The offending party shall correct all such violations within 45 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 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 Manny Quiroga, Seconded by Barry Asmus.
Motion passed unanimously.
Code Office Anthony Flores testified with regard to case 3-13-11095, that Dr. Lutton was now only
in violation of code 12-133 for Unsightly Fascia, Soffit, House Exterior. Dr. Lutton mentioned that
she had pulled a permit to paint and would need some time to paint so that she could take care of
other issues but did not dispute violation.
Motion: With respect to case(s):3-13-11095 I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s) 12-133 of the Miami Shores Village Code."The offending party
shall correct all such violations within 60 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 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 Barry Perl, Seconded by Barry Asmus
Motion passed unanimously.
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Summary Adjudication for 1" Hearings:
Case#'s: 1-13-10766; 1-3-10790; 1-13-10802; 3-13-11011; 3-13-11014; 3-13-11043; 3-13-11045; 3-13-
11060; 3-13-11064; 3-13-11070; 3-13-11098; 3-13-11101; 3-13-11102; 4-13-11144; 4-13-11146; 4-13-
11149; 4-13-11165; 4-13-11170; 4-13-11171; 4-13-11172; 4-13-11173; 4-13-11174; 4-13-11175; 4-13-
11176; 4-13-11214; 4-13-11215; 5-13-11310; 5-13-11311; 5-13-11318; 5-13-11378; 5-13-11379; 5-13-
11380;5-13-11381; 5-13-11382.
With regard to case 4-13-1175, board member Barry Perl asked about septic tank and staff
mentioned house is vacant and tank is not exposed.
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 Bob Smith,Seconded by Barry Asmus.
Motion passed unanimously.
PENALTY HEARINGS
Chairman acknowledges that no one is present for penalty hearing.
Summary Adjudication for Penalty Hearings:
Case#'s: 1-13-10739; 1-13-10772;2-11-8142;2-11-8145;2-13-10862;2-13-10866;2-13-10959;2-13-10960;3-13-11010;
3-13-11107;7-12-10137;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 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 Manny Quiroga,Seconded by Rod Buenconsejo.
Motion passed unanimously.
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REQUEST FOR RELIEF
Case: 10-12-10526
Owner: Dr.Maria Diaz
Address: 245 NE 99 St.
Maria Diaz was present and mentioned because of some personal issues that presented them and
her not receiving notices mailed from her assistant she was not able to correct violation until it
was too late. Board members asked questions.Offer to pay$400 payable within 30 days.
Move that upon receipt of$400 payable within 30 days the lien on this property be released. Perl.
Moved by Barry Perl, Seconded by Rod Buenconsejo.
Vote:Motion passed unanimously(Summary: Yes=7,No=0,Abstain=0).
Yes: Barry Asmus, John Patnik, William Robert Smith, Barry Perl, Manny Quiroga, Rod
Buenconsejo,Chairman Robert Vickers.
Case: 5-10-7190; 11-07-3058;4-08-4146; 11-10-7975
Owner: Chia Chin Liao
Address: 180 NW 111 St.
Mr. Liao was present and mentioned violations were from previous owner and he worked
diligently to remedy violations but because some of the violations required construction
remodeling, it took a long time to hire a contractor and architect and pull permits. Property
needed a lot of work to bring back into compliance. Code Officer Anthony Flores testified that
before Mr. Liao bought property he came to city to see how he could begin remedying violations.
Board members asked questions.Offer to pay$1500 payable w.6 months.
No motion made by board.
Case: 12-11-9431; 12-11-9430
Owner: Yves Fortune
Address: 830 NE 91 Terrace
Mr. Fortune was present and mentioned he did not have any excuses for not correcting violations.
Mr. Fortune is now a retired police officer and currently working for the Attorney general's office
and his mission is to have all his properties clear of any violations. Board members asked
questions.Offer to pay$750 payable within 30 days.
No motion made by board.
Case: 8-07-2560; 10-06-1281
Owner:Nation star Mortgage LLC
Address: 1275 NE 94th St.
Mr. Tyler Gold,P.A.was present on behalf of owner Nation Star Mortgage.Nation star Mortgage
took title after a foreclosure action and violations were caused by previous owner.Board members
asked questions.Offer to payable$27, 125.00 payable within 60 days.
Move that upon receipt of$27,125.00 payable within 60 days the lien on this property by released.
Moved by Barry Perl, Seconded by Robert Smith
Vote:Motion passed(Summary: Yes=5,No=2,Abstain=0). `
Yes: John Patnik,William Robert Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo,
No: Barry Asmus,Chairman Robert Vickers.
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Case: 6-08-4352; 1-12-9469; 8-09-6048
Owner: HSL Property Holdings IV LLC
Address: 155 NW 91 St.
Mr. Frank Silverstein was present as Manager for HSL Property Holdings IV LLC and
mentioned property was bought in foreclosure and a significant amount of the fines incurred were
from the previous owner. Mr. Silverstein mentioned that they faced resistance by tenants,
therefore could not remedy violations for a while. Board members asked questions and Code
Officer clarified that home was vacant for many years.Offer to pay$14,000 payable$30 days.
Move to accept the offer of$14,000 payable within 30 days and release lien.
Moved by Rod Buenconsejo,Seconded by Barry Perl.
Discussion by board regarding releasing this property and this property only.
Attorney gives clarification on term.
Vote: Motion passed(Summary:Yes=6,No=1,Abstain=0).
Yes: John Patnik, William Robert Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo, Chairman
Robert Vickers.
No: Barry Asmus.
Case: 10-06-1247
Owner:Gato Tuerto LLC.
Address: 74 NE 97 St.
Property Manager Giselle Reyes-Herrera was present on behalf of owner. Violation was made by
previous owner and property was bought at a Foreclosure Auction. Property is for sale. Board
members had questions.Owner did not learn of lien until recently and filed request for relief a few
days later.Offer to pay$5,838.00 payable within 10 days.
Upon payment of$15,000 payable within 30 days the lien be released.
Moved by Rod Buenconsejo, Seconded by Barry Asmus.
Vote: Motion passed(Summary:Yes=6,No=1,Abstain=0).
Yes: Barry Asmus, John Patnik, William Robert Smith, Barry Perl, Manny Quiroga, Rod
Buenconsejo.
No: Chairman Robert Vickers.
Case: 2-09-5375
Owner: Noel J.Torres
Address: 10840 NW 2nd Avenue
Mr. Torres was present and mentioned that he was aware of the violation a couple of years ago
but thought he had an understanding with Code Officer Anthony Flores that because he did not
have the funds to completely re-sod front lawn, he could just try to maintain what he had. Board
members asked questions. Mr. Torres mentioned if he knew there was a lien, there is no way he
would have allowed it to,go on for so long.Offer to pay$400 payable within 90 days.
Upon receipt of$1,500 payable within'180 days the lien on this house be released.
Moved by Barry Perl,Seconded byRobert Vickers.
Vote: Motion passed(Summary:Yes=5,No=2,Abstain=0).
Yes: William Robert Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.Chairman Robert Vickers.
No: Barry Asmus,John Patnik.
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Case: 2-10-6747
Owner:AAM Investments,LLC
Address: 10659 NE 11th Avenue
Mr. Avi Weintraub was present as Property Manager for AAM Investments, LLC. Mr.
Weintraub mentioned property was bought in foreclosure and this home is one of four other
homes bought by AAM Investments that have been fixed. Offer to pay $2000 payable within 30
days.
Upon receipt of$5400 payable within 60 days the lien on this property be released.
Moved by Barry Perl,Seconded by Rod Buenconsejo.
Vote: Motion passed(Summary: Yes=4,No=3,Abstain=0).
Yes: William Robert Smith,Barry Perl,Manny Quiroga,Rod Buenconsejo.
No: Barry Asmus,John Patnik,Chairman Robert Vickers.
Case: 1-07-1473; 5-09-5728; 5-09-5729; 5-09-5727
Owner: Vank Properties,LLC
Address: 11028 NW 2"d Avenue.
Ms. Benchy Philippeaux was present and stated the house had been sold but there is a clause that
the current lien is her responsibility. Ms. Philippeaux mentioned she had requested relief before
and did not have the funds to fix problems. Board members asked questions and comment. Offer
to pay$5000 payable within 30 days.
Accept offer of$5000 payable within 30 days.
Moved by Rod Buenconsejo.No second.
Upon receipt of$15,000 payable within 30 days the lien be released.
Moved by Rod Buenconsejo. Seconded Quiroga
Vote: Motion passed(Summary: Yes=4,No=3,Abstain=0).
Yes: John Patnik,Manny Quiroga,Rod Buenconsejo.Chairman Robert Vickers.
No: Barry Asmus,William Robert Smith,Barry Per].
Motion to approve May Minutes.
Barry Perl,seconded by Barry Asmus.
Motion passed unanimously.
NEXT MEETING
The next meeting will be on July 11, 2013
ADJOURNMENT
June 06, 2013 Code Board meeting was adjourned at 540 P.M.
Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
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