02-02-2012 Regular Meeting t
CODE ENFORCEMENT-BOARD MEETING MINUTES
Thursday February 2,2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
February 2, 2012, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Manny Quiroga.
_-EMRoll Call.
Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo,
Robert Vickers.
Also in attendance:
Richard Sarafan,Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer Y
Mike Orta, Officer, Code Enforcement
'Karen Banda, Clerk
,
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
Mr. Chairman suggests that everyone read article that was in the Village news
regarding code and code violations written by Code Supervisor Anthony Flores.
FIRST HEARING
Chairman Quiroga stated that no one has showed for first hearing and reads all addresses
with violations:Office Orta states that case No. 12-11-9249 was continued.
Summary Adjudication for 1St Hearings:
Case#'s: 10-11-9077;10-11-9078;10-11-9087;10-11-9090;10-11-9091;10-11-9092;10-11-
9120;11-11-9134;11-11-9197;11-11-9203;11-11-9210;1-12-9440;12-11;9244;12-11- `
9249;12-11-9259;12-11-9263;12-11-9264;12-11-9268;12-11-9269;12-11-9270;12-11-
9271;12-11-9279;12-11-9287;12-11-9287;12-11-9290;12-11-9292;2-114126;4-11-8475;5-
11-8597;8-11-8937.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Summary Adjudication for 1" Hearings Action: Motion: for a 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 case, the offending party will correct the violation within the time period specified by
staff in the staff recommendations in this hearing and shall 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 periods, the code enforcement
officer may report this 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 amount specified in the staff recommendation for tonight
hearing retroactive to :the original compliance date which will constitute a lien on the
Code Enforcement Board February 2,2012
property of the violator further with respect to each such case cost in the amounts specified
in staff s recommendation for tonight's hearing are hereby assessed in order to recoup the
village's expenses in prosecuting the violations to date. Action: Approve,
Accept, Moved by.Barry Perl, Seconded by Barry Asmus.
Motion passed unanimously.
Mr. Perl asked if it was possible to condense reading of violation. Mr. Sarafan said it was
possible but it was important for all audience members to know what is happening and in
case of appeal it would be important for judge to hear information.
PENALTY HEARINGS
Case: 8-11-8827; 8-11-8829
Owner: Andre Venneman
Address: 102 NW 105 St.
Section: 20-17; 536 (a(b); 537 (a)(3)(4)
Section: 536 (a); 537 (a)(1)(2)(3)
Violation: Failure to maintain parkway
Violation: Grass Deteriorated
Mr. Venneman was there to present his case. Stated his income has changed since a recent
divorce and has been trying to hang on to home and has not had the resources to take care
of outsiae home. Mr. Asmus asked if had priced out how much it would cost to re-sod and
Mr. Venneman said he had not. It is Mr. Venneman's understanding that irrigation system
would need to be re-done and would need 6 weeks. Mr. Venneman had put sod down`on
the Swale a year and a half ago but sprinkler system was not working.
r G Motion: Continued to March 1st meeting and fix problem within 28 days
Action: Table Moved by Bairy Perl Seconded by Barry Asmus.
Vote: Motion passed (summary: Yes =4, No =3,Abstain = 0).
Yes: Barry Asmus, Robert Swan, Barry Perl, Rod Buenconseio.
No: John Patnik, Manny Quiroga, Robert Vickers.
Summary Adjudication:
Case#'s 10-11-9054;11=11-9178;2-11-8214;;8-11-8877;8-11-8896;8-11-8899;8-11-
# 8917;8-11-8952;8-11-8953;8-11-8964;9-11-9012.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Motion: Motion: for a summary adjudication of all such cases 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 to the date the violation was to have been corrected and upon recording,
the Board's order in this regarding will constitute a lien against the property of the violator.
, Action: Accept, Moved by Rod Buenconsejo, Seconded by Barry Asmus.
Motion passed unanimously.
Code Enforcement Board February 2,2012
is
REQUEST FOR RELIEF
Case-3-07-1852; 6-08-4336; 10-09-6471; 7-10-7430
Owner: Wells Fargo. c/o Avri Ben-Hamo, Esq.
Address: 49 NW 108 St
Mr. Adam Barnett was there to present the case, stated property was occupied by renter and
they did not have possession and when bank did have ownership they corrected all issues.
Offer they, have on table corresponds to when they received ownership to the day of
correction. The board asked several questions and after discussion, offer to pay $4,500.00
within 90-days. After further discussion H Motion: move to accept $4,500 to resolve
those cases payable within 90 days and if not it reverts back on this property only. Action:
Accept, Moved by Robert Swan, Seconded by Barry Perl.
Vote: Motion failed (summary: Yes =2,No = 5, Abstain= 0).
Yes: Robert Swan, Barry Perl.
No: Barry Asmus, John Patnik, Rod Buenconsejo, Robert Vickers;.Manny Quiroga.
Case: 12-11-9341; 12-11-9342 "
Owner: Cynthia Savlan Personal Rep. Estate of Patricia Rey
Address: 1325 NE 105 St. F
Ms. Weinstein represented the Estate of Patricia Rey. She stated the estate has no money
i and was let go because of family situation. Offer of $26,000 will be available if the
property sells. The board asked several questions and after discussion 18 Motion: To
accept offer of$20,000 to be paid within 180 days to resolve case on this property and this
pro erty only. Action: Accept, Moved by Robert Swan, Seconded by Rod Buenconsejo.
18 Vote: Motion passed (summary: Yes =4,No = 3, Abstain=0).
Yes: Robert Swan, Manny Quiroga, Rod Buenconsejo, Robert Vickers.
No: Barry Asmus, John Patnik, Barry Perl.
Case: 4-08-3984
Owner: Mr. Mrs. Spinney
Address: 770 NE 91 St.
Mr William J. Brown family attorney for Mr. and Mrs. Spinney was there to represent case.
Mr. Brown stated that the son of Mr. and Mrs. Spinney resides at that address and was
unaware of violation therefore owner was not aware of violation. The board asked several
questions and after discussion .12 Motion: Accept offer of$1000 payable within 30 days
on this property alone. Action: Accept, Moved by Robert Vickers, Seconded by Robert
Swan.
Vote: Motion failed (summary: Yes = 3,No =4, Abstain=0).
Yes: Robert Swan, Manny Quiroga, Robert Vickers.
No: Barry Asmus, John Patnik, Barry Perl, Rod Buenconsejo.
Code Enforcement Board February 2,2012
5 minute intermission
Case: 7-09-5986; 8-09-6027; 11-10-7883; 1-11-8106
Owner: Karen Robinson
Address: 1290 NE 100 St.
Mr. Kluck, realtor representing Ms. Robinson presented the case and stated that Ms.
Robinson was not aware of problems because a person inhabited the house without.
permission. The board asked several questions and after discussion 'IR Motion: Accept
offer of $8,000 payable within 120 days on this property only with a new power of
attorney. , Action: Accept, Moved by Robert Swan, Seconded by Barry Perl.
.IR Vote: Motion passed (summary: Yes = 6,No = 1, Abstain= 0).
Yes: Barry Asmus, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert
Vickers.
No: John Patnik.
Case: 09-09-6269
Owner: Eduardo Garcia
Address: 1181 NE 103 St.
Ms. Diana O'Neil was present as a possible owner; she is in the process of buying property.
She stated her case and the board asked several questions and after discussion
Motion: To accept $750 payable within 90 days for this property and this property only
and this sale only. Action: Accept, Moved by Robert Swan, Seconded by Robert Vickers.
10 Vote: Motion passed (summary: Yes=4,No = 3, Abstain=0).
Yes: John Patnik, Robert Swan, Manny Quiroga, Robert Vickers.
No: Barry Asmus, Barry Perl, Rod Buenconsejo.
Case: 7-10-7348
Owner: Marvin Gunn
Address: 9150 N Bayshore Dr.
Mr. Gunn was present and stated his case for the second time. The board asked several
questions and after discussion Motion: $1000 within 90 days. Action: Accept, Moved
bBarry Asmus, Seconded by Robert Swan.
6 Vote: Motion passed (summary: Yes= 5,No = 2, Abstain= 0).
Yes: Barry Asmus, John Patnik, Robert Swan, Manny Quiroga, Rod Buenconsejo.
No: Barry Perl, Robert Vickers.
Code Enforcement Board February 2,2012
Case:4-08-4036; 5-08-4222
Owner: Osmel Lopez
Address: 119 NW 110 St.
Mr. Lopez was present and stated his case. The board asked several questions and after
k discussion IR Motion: Accept $5,000 payable within 180 days on this property only,
Action: Accept, Moved by Robert Vickers, Seconded by Barry Asmus.
10 Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Barry Asmus, John Patnik, Robert` Swan, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Robert Vickers.
r
MINUTES
. Motion: , Action: Accept, Moved by Rod Buenconsejo, Seconded by Barry Perl.
Motion passed unanimously.
December 2011 minutes were approved unanimously.
NEXT MEETING
The next meeting will be on March 1, 2012 E
Board discussed that all motions from now on contain words that say, this property and this
property only. Mr. Sarafan reminded board what was approved by board at an earlier
meeting.
IR Motion: All motions'will contain words with this property and this property only. ,
Action: Accept, Moved by Manny Quiroga, Seconded by Robert Vickers.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, 'Rod
Buenconsejo, Robert Vickers.
Motion: to ADJOURN , Action: Accept, Moved by Manny Quiroga, Seconded by
Robert Vickers. 4.
Motion passed unanimously.
ADJOURNMENT
February 2, 2012 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor Man uiroga,C 'rm „
Code Enforcement Board February 2,2012