09-05-2013 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, September 05, 2013
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
September 05, 2013, at the Miami Shores Village Hall. The meeting was called to order at
6:05 p.m. by Chairman, Robert Vickers
Roll Call.
Present: Barry Asmus,John Patnik,Bob Smith,Manny Quiroga,Rod Buenconsejo,
Chairman Robert Vickers.
Absent: Barry Perl. t
In Attendance
Anthony Flores, Supervisor, Code Enforcement _
Mike Orta, Officer, Code Enforcement �a�J"eS
Karen Banda, Clerk
Clerk swears in witnesses.
FIRST HEARING 0.� 41c)
Chairman acknowledges that no one is present First Hearing. 1 ( 3 pax S
Summary Adjudication for 1St Hearings:
Case#'s: 12-12-10671; 2-12-9658; 2-13-10884; 3-13-11012; 3-13-1115; 3-13-11116; 3-13-11117; 3-13-
11118; 3-13-11119; 5-13-11339; 5-13-11340; 5-13-11436; 5-13-11437; 6-13-11481; 6-13-11488; 6-13-
11527; 6-1341534; 6-13-11536; 6-13-11537; 6-13-11539; 6-13-11540; 6-13-11553; 6-13-11560; 7-13-
11586;7-13-11625; 8-12-10310; 8-13-11678; 8-13-11686
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 violations to date."
Moved by Manny Quiroga,Seconded by Barry Asmus
Motion passed unanimously.
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PENALTY HEARINGS
Chairman acknowledges that no one is present for Penalty Hearing.
Summary Adjudication for Penalty Hearings:
Case Ws: 11-12-10590; 1-13-10761;2-13-10940;3-13-11091;3-13-11092;3-13-11093;4-13-1154;4-13-11167;4-13-
11168;4-13-11169;4-13-11186;5-13-11321;6-13-11499;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 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 Barry Asmus.
Motion passed unanimously.
REQUEST FOR RELIEF
Case(s): 5-11-8541; 5-11-8539; 5-11-8538;3-09-5486
Owner: Hildegarde Reimers
Address: 38 NW 109 St.
Mr.Point Du Jour was present on behalf of owner that lives in New York. Mr.Du Jour mentioned
owner had someone managing property that was not being honest with owner and not informing
them of problems. Certified mail was received and signed for by James Reimers and board
members verified that certified mail was signed for. Property is under a short sale and amount
approved by bank is$90,000.An investment property is the potential buyer. Offer to pay$18,805.
Payable within 30 days.
Motion: Moved to accept the offer of$18,805.00 to remove the violation payable within 60 days.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
Vote: Motion passed unanimously(Summary: Yes=6,No=0,Abstain=0).
Yes: Barry Asmus. John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo. Chairman Robert
Vickers.
Case(s): 9-12-10381;2-09-5361
Owner: Federal National Mortgage Association
Address: 9509 N Miami Avenue
Jose Fente was present on behalf of Tropical Realty which is the listing Agent for Fannie Mae.
Violations were caused by previous owner and Fannie Mae remedied violations after taking
possession in December of 2012. Mr. Fente mentioned property is not listed yet. Board members
asked questions regarding possession and fixing violations because cases were closed in June and
August of 2013. Board calculates that under the ownership of the bank fines accrue to $21,000.
Mr. Fente mentions that he does not have power to amend offer. Bank offers to pay $4,417.50
payable within 60 days.
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Motion: Move to accept the offer payable within 60 days.
Moved by Manny Quiroga,Seconded by Robert Vickers
Vote: Motion Failed. Summary: Yes=3,No=3,Abstain=0).
No: Barry Asmus.John Patnik,Rod Buenconsejo.
Yes: Bob Smith,Manny Quiroga,Chairman Robert Vickers.
Case(s): 4-13-11149; 4-13-11146
Owner:Joseph and Marie Louisias
Address: 801 NE 96 St.
Mr. Ralph Ventura was present as attorney on behalf of owners. Owners are elderly and did not
really understand the severity of the violations and were sorry that violations occurred. Offer to
pay$500 payable within 30 days.
Motion: Move to accept offer.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
Vote: Motion passed unanimously(Summary: Yes=6,No=0,Abstain=0).
Yes: Barry Asmus. John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo. Chairman Robert
Vickers.
Case: 9-12-10410
Owner: Michael Vandetty
Address: 9021 NE 4th Avenue Road.
Mr. Michael Vandetty was present and mentioned he had to take property back from previous
owner after lending a mortgage that defaulted payment. There is now a deed in lieu of foreclosure.
Property was rented but no occupational license was obtained. Board discusses case with owner
and validity of lien. Offer to pay$975 payable within 30 days.
Motion: Move to accept offer.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
Vote: Motion passed unanimously(Summary: Yes=6,No=0,Abstain=0).
Yes: Barry Asmus. John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo. Chairman Robert
Vickers.
Case: 9-09-6179
Owner: Miami Property Solutions
Address: 1026 NE 91 Terrace
Eddie Miller was present as owner of Miami Property Solutions and stated violation for a roof
repair without a permit was from previous owner. Previous owner removed a section of the roof
and once the property was bought by Miami Property Solutions they pulled a permit within 3
weeks to replace entire roof. Pictures were presented by Mr. Miller of before and after. Offer to
pay$6540 payable within 90 days.
Motion: Move to accept offer.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
Vote: Motion passed.Summary: Yes=4,No=2,Abstain=0).
No: Barry Asmus.John Patnik,
Yes: Bob Smith,Manny Quiroga,Rod Buenconsejo.Chairman Robert Vickers.
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Case: 10-12-10513
Owner: Dr.Maria Diaz;6th Avenue Medical Center
Address: 9425 NE 6 Avenue.
Dr. Maria Diaz was present and mentioned she was going through some hardship with her now
deceased father and left her assistant in charge in handling issues with repair of an exterior door.
Assistant hired a contractor to replace door only to later find out that the contractor did not have
a license. Dr. Diaz went ahead and hired a second contractor that failed to complete job and then
needed to hire a third contractor that finally completed work with a permit. Offer to pay $400
payable within 30 days.
Motion: Move that upon receipt of$655 payable within 30 days that the lien be released.
Moved by Barry Asmus, Seconded by Rod Buenconsejo.
Vote: Motion passed.Summary: Yes=5,No=1,Abstain=0).
No: Barry Asmus.John Patnik,Bob Smith,Manny Quiroga,Rod Buenconsejo.
Yes: Chairman Robert Vickers.
Case: 8-12-10246
Owner: Candita Rodriguez
Address: 49 NE 110 St.
Ms. Rodriguez is the new owner for the property and she cured violations. Full amount owed is in
escrow but previous owner asked Ms. Rodriguez if she could mitigate the fine in order for him to
receive some money back from sale. Board asked questions regarding exact amount in escrow.
Offer to pay$4000 payable within 30 days.
No motion.
Board discusses request for relief applicants that did not show.
Motion: With regard to case with address 275 NE 105 Street and violation is $7,250.00 and
proposed amount is$400. Move to Deny.
With regards to 11028 NW 2"d Avenue with total fine of$39,500.00 amount proposed $1000.00,
move to Deny.
Moved by Manny Quiroga,Seconded by Rod Buenconsejo.
Motion passed unanimously
Motion to approve minutes.
Moved by Barry Asmus,Seconded by Manny Quiroga
Motion approved unanimously.
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NEXT MEETING
The next meeting will be on October 03, 2013
Motion to adjourn meeting.
Moved by Robert Vickers, seconded by Manny Quiroga.
Motion passed unanimously.
ADJOURNMENT
September 05, 2013 Code Board meeting was adjourned at 7:40
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Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
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