08-01-2013 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, August 1, 2013
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
August 1, 2013, at the Miami Shores Village Hall. The meeting was called to order at
6:03 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
Motion to defer hearing Case 3-13-11004 to the end of the meeting.
Moved by Barry Asmus, Manny Quiroga.
Motion passed unanimously
FIRST HEARING
Case: 5-13-11330
Owner: Laurence and Hermine Carroll
Address: 53 NE 106 St.
Violations: 537(I);Public works permission required.
Mr. and Mrs. Carroll were present and stated they did not agree there was a violation
because they spoke to Mr. Scott Davis, Public Works director and he looked at what was
planted in the swale and did not have a problem and there isn't a procedure in place to
obtain consent for planting in swale. Code officer Anthony Flores stated a procedure is
being established but the procedure has not been finalized. Attorney Richard Sarafan asked
staff if the violation was that Public works permission was required and they did not have a
procedure in place would there be a reason to move forward with charge. Staff agreed there
was no reason to move forward and therefore withdraws charge.
Case: 5-13-11331
Owner: Laurence and Hermine Carroll
Address: 53 NE 106 St.
Violations: 536(e);Vegetable garden.
Code officer Anthony Flores stated planting a vegetable garden in the front yard is prohibited under
code 536( e). Mrs. Carroll stated she does not agree there is a violation because the term vegetable
is not clarified in the code and the legal,definition of the word vegetable is any plant matter.
Chairman asked Mrs. Caroll if she had vegetables being grown in her front yard.Mrs. Carroll stated
she did have vegetables. Chairman asked if she was cultivating the vegetables that have been
planted and if she was taking care of them by pulling the weeds and making sure they grow so they
are edible. Mrs. Carroll stated she cares for all her plants in the same way. Chairman states that
code does not allow vegetables in the front yard and asks how much time it will take to remedy
violation. Mrs. Caroll stated she did not know how to remedy violation because of the different
definitions on what a vegetable is. Attorney Richard Sarafan stated this board does not write the
code and the process of defining what's in the code is not within the scope of their responsibility.
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The code enforcement board is charged with deciding if what is on the property is a vegetable or
not and board has enough evidence to decided. The issue of what is and is not a vegetable isn't
relevant anymore, and understands that after the violation is cured Mr. and Mrs. Carroll would like
to know what can and cannot be planted in the front yard and at the time they can talk to code
officer. With regards to the swale they will have to eventually talk to Scott Davis because the swale
is our property. The.only issue today is whether what exists is in compliance with the code.
Pictures were presented to show proof of vegetable garden.
MOTION:With respect to case(s):5-13-113311 move for a finding of fact and conclusion of law that there exists a
violation or violations of Section(s)536(e1 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 Barry Asmus
Motion passed unanimously.
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Summary Adjudication for 1St Hearings:
Case#'s: 11-12-10590;1-13-10761;2-13-10940;3-13-11034;3-13-11091;3-13-11092;3-11093;4-13-11167;4-
13-11168;4-13-11169;4-13-11186;6-13-11503;6-13-11504;6-13-11579.
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 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 iviolations to date."
Moved by Manny Quiroga,Seconded by Rod Buencorisejo
Motion passed unanimously.
PENALTY HEARINGS
Chairman acknowledges that no one is present for penalty hearing.
Summary Adjudication for Penalty Hearings:
Case#'s: 1-13-10770;1-13-10785;1-13-10818;1-13-10819;2-13-10864;2-13-10925;3-13-11081;4-13-11144;4-13-11198;4-
13-11199;4-13-11200;4-13-11201;4-13-11205;4-13-11208;4-13-11209;4-13-11210;4-13-11239;4-13-11253;4-13-11255;4
13-11256;4-13-11281;5-13-11332;5-13-11337;5-13-11376;6-13-11455;6-13-11493;6-13-11495.
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,
eich 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
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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.
REQUEST FOR RELIEF
Case: 4-07-1897; 9-06-1151; 12-07-3273; 12-07-3271;9-06-1152; 4-07-1898;4-09-5649
Owner: Dale and Lisa Sims
Address: 152 NW 110 St.
Attorney Jeff Allen and Mr. and Mrs. Sims were present. Chairman gives summary of all 7 cases.
Mr. Allen presented board members and attorney with notebook binder containing documents as
evidence in case.Mr.Allen reviewed 8 tabs of documents with board members.
Attorney Richard Sarafan asks questions regarding occupants that resided at property and
property tax records presented. Chairman Vickers addresses evidence presented. Board members
asked questions regarding look of property and read from transcript that attorney Jeff Allen
presented.
Chairman went through each case and asked owner to state when he thought property was in
compliance and also asked for receipts as proof that some violations were corrected. Offer to pay
$700 payable within 30 days.
No motion made by board.
Case(s): 7-12-10155;
Owner: HSL Property Holdings IV LLC
Address: 571 NW 113 St.
Mr. Nathan Lewinger was present as representative for HSL Property Holdings IV LLC and
mentioned property was bought in May under a foreclosure for $90,000 but did not have
possession for a couple of months. They have put about$60,000 into property to fix all violations.
Property is for sale at$200,000.Offer to pay$15,000 within 30 days.
Upon receipt of$15,000 payable within 30 days the lien on this property be released.
Moved by Barry Perl, Seconded by John Patnik
Vote: Motion passed(Summary:Yes=6,No=1,Abstain=0).
Yes: John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo, Chairman Robert
Vickers.
No: Barry Asmus.
Case: 4-12-9799
Owner:Pablo Nuta
Address: 9418 N.Miami Avenue
Mr. Pablo Nuta and Mrs. Schram were present and stated a lien was placed on their property for
an expired permit but even after speaking to the building department they were never notified
that there was a lien on the property.Mr.Nuta showed proof that a permit was issued in his name
yet notices were mailed under previous owners name and were returned to sender by post office as
undeliverable. An error occurred when updating computer system and Code Enforcement was
never notified that new owners bought property. Board members asked questions. Offer to pay
$500 payable within 30 days.
Upon receipt of$500 payable within 30 days the lien on this property be released.
Moved by Barry Perl,Seconded by Bob Smith.
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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: 11-09-6519
Owner: Cesar Basurto and Laura De Pasquale
Address: 146 NE 98 St.
Richard Golden council to Mr. Basurto and Mr. Basurto were present and stated homeowner's
cleaned roof when they received violation but forgot to notify code officer. There were some city
trees that were staining walls and roof and did remedy violation.Mr. Basurto and his wife always
continued to work on property and maintain. Code officer Mike Orta testified that he passed by
home almost on a daily basis and the roof was not cleaned when the owner testified. Pictures were
presented that show roof dirty in January of 2010 after owners claimed they cleaned. Code
Supervisor Anthony Flores also concurred with Mr. Orta's testimony. Offer to pay $5000 payable
within 30 days.
Upon payment of$6000 payable within 60 days the lien of$59,700.00 be released.
Moved by Rod Buenconsejo,Seconded by Barry Asmus.
Vote:Motion passed(Summary:Yes=4,No=3,Abstain=0).
Yes: Barry Asmus.Bob Smith,,Rod Buenconsejo.Chairman Robert Vickers.
No: John Patnik,Barry Perl,Manny Quiroga
Case: 12-11-9430; 12-11-9431
Owner:Yves Fortune
Address: 810 NE 91 Terrace
Mr. Ives Fortune was present and stated he painted home but was under financial distress and
could not comply earlier. He had a special assessment lien and had to pay a large sum in order to
settle that lien.Offer to pay$2500 payable within 90 days.
Move to accept over of$2500 payable within 90 days.
Moved by Rod Buenconsejo,Seconded by Barry Asmus.
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: 9-11-9012
Owner:Yves Fortune
Address: 830 NE 91 Terrace
Mr. Fortune had financial hardship and is now able to maintain property. Board asked Mr.
Fortune why it took so long to remedy violations and Mr. Fortune stated he did not focus on how
much money it was accumulating. Board members asked questions. Offer to pay $10,000 payable
within 90 days.
Upon receipt of$10,000 payable within 90 days the lien on this property be released.
Moved by Barry Perl,Seconded by Rod Buenconsejo.
Vote:Motion passed(Summary:Yes=6,No=1,Abstain=0).
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Yes: John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert
Vickers.
No: Barry Asmus.
Case: 10-12-10543
Owner: Providence Investment Group 2 LLC
Address: 55 NW 92 St.
Danilo Arrellano and AJ Garcia were present on behalf of Providence Invest Group 2 LLC and
stated when they bought property the slab in violation was already existing. They pulled permits
to make renovations and when they went to record the notice of commencement they were
informed of the lien on the property. There office moved location in November of 2011 and the
address in public record was the old address,therefore they never received violation notices.They
met with Code Office Mike Orta at the property and immediately began to hire an architect to
draw plans and submit to building department. An approved permit was not ready right away
because Mr. Bruhn, building official was on vacation and therefore there was a small delay. Mr.
Asmus gave summary of what was also discussed at the last code board meeting. Offer to pay
$2500 payable within 30 days.
Accept offer of$2500 payable within 30 days.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
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:10-06-1247
Owner: Gato Tuerto LLC.
Address: 74 NE 97 St.
Ms. Herrera was present as property manager for Gato Tuerto LLC. And stated property was
bought in foreclosure and pictures were presented of the before and after. Substantial
improvements have been made to the property.Offer to pay$11,676 payable within 30 days.
Move to accept offer of$11,676 payable within 30 days.
Moved by Rod Buenconsejo, Seconded by Barry Asmus.
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: 11-07-3058;4-084146; 5-10-7190; 11-10-7975
Owner: Chia Ching Liao
Address: 180 NW 111 St.
Mr. Chia Ching Liao was present and stated he bought property on a short sale and as soon as he
became the owner he began to cure violations. There was a lot of construction done without
permit and they hired a contractor and began work as soon as possible. Mr. Liao had budget one
amount but had to spend much more to fix home. Mr. Liao plans to reside in this home with his
family for a long time.Offer to pay$2000 payable within 120 days.
Move to accept offer of$2000 payable within 120 days.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
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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.
Board members hear case 3-13-11004.
Case: 3-13-11004
Owner:John Patnik
Address: 190 NW 99 St.
Violations: 12-133;Unsightly Fascia,Soffit,House Exterior.
Attorney Richard Sarafan advises John Patnik to contact Village Clerk in the morning to fill out a
form on why he is conflicted on this matter.
Code officer Anthony Flores stated violation consisted of dirty roof, awnings, exterior walls and
the remedy was to clean roof and obtain a permit to paint exterior walls, and trim. After several
extensions the homeowner did obtain a permit but the violation has not been cured. Mr. Patnik
stated he pulled the permit about 30 days ago. Staff mentioned the remedy was to obtain a permit
for paint and paint home by code officer's deadline.Board members ask when courtesy notice was
issued and staff stated it was issued March 04, 2013. Mr. Patnik mentioned he already pressure
cleaned roof and pressure washed the exterior of the home. Board asked Mr. Patnik how much
time he would need to remedy violation and Mr.Patnik stated 15 days would be sufficient.
With respect to case(s):3-13-1004 I move for a finding of fact and conclusion of law that there exists a violation or
violations of Section(s) 12-133 (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 Quiroga,Barry Asmus
Vote: Motion passed unanimously(Summary: Yes=7,No=0,Abstain=0).
Yes: Barry Asmus. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert
Vickers. -
Motion to approve minutes.
Moved by Barry Asmus,Seconded by Barry Perl
Motion approved unanimously.
NEXT MEETING
The next meeting will be on September 05, 2013
Motion to adjourn meeting.
Moved by Barry Asmus, seconded by Manny Quiroga.
Motion passed unanimously.
ADJOURNMENT
August 1, 2013 Code Board meeting was adjourned at 9:20 p.m.
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Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
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1:...FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
PN JE FI T NAI MIDDLE NAME r �� NAME�BOARD,COUNCIL COMMISSION,AUTHORITY, COMMITTEE
MAIL NG ADD
DRE ' �`.•�ff'��W L/to THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
/ WHICH I SERVE IS A UNIT OF:
CITY 6 f rN Y
E3 CITY L3 COUNTY �O OTHER LOCAL AGENCY
m tA ,q� C NAME O1 POLITICA1SUBDIVI F-1-
DATE
j
DATE ON WHICH VOTE OCCURRED `7 MY POSITION IS: (j
❑ ELECTIVE APPOINTIVE
- " WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
oure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law,.a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
Y In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
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` WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
-- must-disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B-EFF. 1/2000 PAGE 1
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APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on `� r " 1 20
(a)A measure came or will come before my agency which(check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
&AI PC/q I\r7
Date Filed g ture
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY. REQUIRE_D DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
tEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 813-EFF. 1/2000 PAGE 2
4
Pel r Na,�?T4 -1393"
4;s Miami Shores Village PBmiit Type. Pil"t"
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10050 N.E.2nd Avenue NW Wolk�c( si&aoon.t Ad"on/Alteiation
Miami Shores,FL 33138-0000
Pe it;Stetus APER'0ib
Phone: (305)795-2204 a r,
Issue i G120/ fi13 . Expiration: 12117/2013
,. .
Project Address Parcel Number Applicant
190 NW 99 Street 1131010240010
Miami Shores, FL 33150-1756 Block: Lot: JOHN PATNIK
Owner Information Address Phone Cell
JOHN PATNIK 190 NW 99 ST (305)757-5639
MIAMI FL 33150-1756
Contractor(s) Phone Cell Phone Valuation: $ 500.00
HOMEOWNER
Total Sq Feet: 0
Type of Work:Exterior Available Inspections:
Color. Inspection Type:
Additional Info: Final
Classification:Residential
Color: Approved Code Comments:
Color:_Approved_ Color:_Denied
Fees Due :AjmounPay Date Pay Type Arnt Paid Amt Due
CCF Invoice# PT-6-13-48176
Education Surcharge 06/20/2013 Check#:1136 $66.60 $0.00
Notary Fee Permit Fee Technology Fee Total:
11'rr +�a $'>.af «�
JOB- AT TIVE
a
Applicant Copy
-or Inspections, Call(305),762-4949 or Log on at https:Hbldg.miamishoresvillage.comlcap/.
Requests must be received by 3 pm for following day inspections.
NOTICE: In addition to the requirements of this permit, there may be AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER
additional restrictions applicable to this property that may be found in GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT
the public records of this county. DISTRICTS,STATE AGENCIES,OR FEDERAL AGENCIES.
June 20,2013 2