03-02-2012 Regular Meeting r •
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday March 2,2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
March 2, 2012, at the Miami Shores Village Hall. The meeting was called to order at 6:00
p.m. by Chairman, Manny Quiroga.
Roll Call: Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga,
Rod Buenconsejo, Robert Vickers.
Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case: 12-11-9291
Owner: Mark & Deborah Greenberg
Address: 485 NE 94 St
Section: 20-17; 536 (a) (b); 537(a) (3) (4)
Violation: Failure to Maintain Parkway
Officer Mike Orta stated when case was established and gave background information
regarding case. Mr. Greenberg asked Mr. Orta questions regarding his property. Mr.
Chairman addressed Mr. Greenberg regarding presentation. Mr. Greenberg presented
Pictures of what his property looks like. Mr. Vickers asked Mr. Greenberg questions
regarding swale and looks of property. Board members discussed property and asked Mr.
Greenberg questions. Mr. Sarafan read what codes states.
Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.
With respect to case 12-11-92911 move for a finding of fact and conclusion of law that a violation
exists of section 20-17; 536(a)(b); 537(a)(3)(4)of the Miami Shores village code, the offending
party will correct all such violations within 30 days and will immediately notify the code
enforcement officer when the property is brought into compliance. If the violation is not brought
into compliance within such time periods,the code enforcement officer may report this back to the
Board and in such an event 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 amount of$50 a
day retroactive to the original compliance deadline, which will constitute a lien on the property
of the violator also a$30.00 staff's administrative fee,to recoup the village's expenses in
prosecuting the violations to date.
Discussion by board on the motion.
Vote: Yes: Robert Vickers., John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo,
No: Robert Swan, Manny Quiroga.
Motion passed (summary: Yes = 5,No =2, Abstain= 0).
Code Enforcement Board March 01,2012
Case: 11-11-9179; 11-11-9180; 11-11-9182
Owner: John Rodriguez
Address: 29 NW 107 St.
Section: 536 (a)/537 (a) (1) (2) (3) 20-17; 536 (a) (b) 537(a) (3) (4)
Section: 12-82
Section: 20-31
Violation: Failure to maintain parkway
Violation: Nondwelling Structures & Fences
Violation: Failure to maintain sidewalk.
Mr. John Rodriguez was present to state his case and Mr. Flores gave background
information regarding property. Mr. Rodriguez mentioned the steps and measures he is
taking to correct violations but will need lyr to correct violation completely. Board
members questioned Mr. Rodriguez.
Motion: With respect to case 11-11-9179 I move for a finding of fact and conclusion of law
that a violation exists of code section 536 (a)/ 537 (a)(1)(2)(3) 20-17, 536 (a)(b)
537(a)(3)(4) of the Miami Shores Village Code, the offending party will correct the
violation by May 01, 2012 and will immediately notify the code enforcement officer when
the property is brought into compliance. 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 of$50 a day
retroactive to the original compliance deadline, which will constitute a lien on the property
of the violator also a$30.00 staff's administrative fee ,to recoup the village's expenses in
prosecuting the violations to date.
Action: Accept, Moved by Barry Perl, Barry Asmus seconded.
Motion: Motion: With respect to case 11-11-9180 I move for a finding of fact and
conclusion of law that a violation exists of code section 12-82 of the Miami Shores Village
Code, the offending party will correct the violation by May 01, 2012 and will immediately
notify the code enforcement officer when the property is brought into compliance. 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 of$50 a day retroactive to the original
compliance deadline, which will constitute a lien on the property of the violator also a
$30.00 staff's administrative fee ,to recoup the village's expenses in prosecuting the violations
to date.
Action:.Accept, Moved by Barry Perl, Barry Asmus seconded.
Code Enforcement Board March 01,2012
o
Motion: Motion: With respect to case 11-11-9182 I move for a finding of fact and
conclusion of.law that a violation exists of code section 20131 of the Miami Shores Village
Code; the offending party will correct the violation by Apri1,04, 2012 and will immediately
notify the code enforcement officer when the property is brought into compliance. 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 of$50 a day retroactive to the original
compliance deadline,which will constitute a lien on the property of the violator also a
$30.00 staff's administrative fee , to recoup the village's expenses in prosecuting the violations
to date
Action: Accept, Moved by Barry Perl, Barry Asmus seconded.
Vote: Motion carried by unanimous vote (summary: Yes= 7).
Yes: Barry Asmus, John Patnik, Robert Swan, Barry Per], Manny Quiroga, Rod
Buenconsejo; Robert Vickers. J
Case: 10-11-9115
Owner: Arturo & Catherine Salow
Address: 10634 NE 10 Ct.
Section: 20-17; 536 (a) (b); 537(a) (3) (4)
Violation: Unsightly Fascia, Soffit, House Exterior
Mr. Flores gave background information. Mr. Salow was present and stated he,was in the
process of clearing up violation and wanted to make sure the time given by code officer
was enforced.
Motion: With respect to case 10-11-9115 I move for a finding of fact and conclusion of law
that a violation exists of code section 12-13 of the Miami Shores Village Code the
offending party will correct the violation by April 04, 2012 and will immediately notify the
code enforcement officer when the property is brought into compliance. If the violaton'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 of$50 a day retroactive to the original compliance deadline, which
will constitute a lien on the property of the violator also a$30.00 staff's administrative fee ,
to recoup the village's expenses in prosecuting the violations to date
Action: Accept, Moved by Barry,Perl, Barry Asmus seconded.
4 Vote: Motion carried by unanimous vote (summary: Yes = 7).
Yes: BarryAsmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Robert Vickers.
r.
Code Enforcement Board March 01,2012
Summary Adjudication for 1"Hearings:
Case #'s: 10-11-9069; 10-11-9125;11-11-9204;11-11-9212;11-11-9214;11-11-9215;11-11-
9217-11-11-9226;1-12-9432;1-12-9434;1-12-9436;12-11-9283;12-11-9289;2-12-9556;2-
12-95 58;2-12-9601;9-11-8992.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
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 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: Accept, Moved by Rod Buenconsejo, Robert Vickers seconded.
Vote: Motion carried by unanimous vote (summary: Yes = 7).
Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Robert Vickers.
PENALTY HEARINGS
Chairman Quiroga stated that no one has showed for penalty hearing and reads all
Y addresses with violations.
Summary Adjudication:
Case #'s 10-11-9077;10-11-9078;10-11-9087;10-11-9090;10-11-9091;10-11-9092;10-11-
9120;11-11-9197;11-11-9203;11-11-9210;12-11-9244;12-11-9268;12-11-9279;12-11-
9287;12-11-9290;12-11-9292;3-11-8346;5-11-8597;8-11-8827;8-11-8829;8-11-8973.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Code Enforcement Board March 01,2012
Summary Adjudication for Penalty Hearings:
Motion: I move 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 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: Accept, Moved by Barry Perl, Rod Buenconsejo seconded.
Vote: Motion carried by unanimous vote (summary: Yes = 7).
Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Robert Vickers.
5 minute intermission.
REQUEST FOR RELIEF
Case: 1-11-8109
Owner: Alison Humbles
Address: 300 NW 112 Terrace
Mr. Chairman gave a summary of the case. Mr. Kelley as P.O.A was present on behalf of
Ms. Humbles. The house was occupied by a tenant but owner was aware of violation and
had contact with Mr. Flores. The board asked questions regarding property. Offer amended
to $1500 payable within 30 days.
Motion: Accept $1500 payable within 30 days and release lien on this property and this
property only.
t Moved by Robert Vickers, Robert Swan seconded.
Vote: Motion carried by unanimous vote (summary: Yes = 7).
Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Robert Vickers.
Case: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630
Owner: Louis Rosa. C/o Maria Rosa
Address: 1172 NE 103 St.
Mrs. Rosa was present to testify regarding property. Stated why property was not in
compliance. Mr. Sarafan read previous information regarding property, and previous
requests for relief. The board asked several questions and after discussion, owner offers to
pay $2000 within 10 days. .
Code Enforcement Board March 01,2012
Motion: Accept. I Move upon receipt of$2500 payable within 30 days that the lien on 631
Jefferson Avenue, Apt. 404, is released and that $2500 be applied to the balance of 1172
NE 103st. Discussion by board about amount offered.
Moved by Barry Perl, Robert Vickers, Seconded.
Vote: Robert Vickers, Robert Swan, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny
Quiroga, YES
John Patnik,NO.
Motion Passed (summary: Yes=6, No=1)
Case: 4-10-7035; 9-10-7730; 4-09-5645
Owner: Irwin Perolman
P.O.A. Edward Miller
Address: 2 NE 108 St.
Mr. Edward Miller was present to state case, he is buying property. Stated how he has
cleaned up property. Board members questioned Mr. Miller and after discussion offer to
pay$ 6500 payable within 30 days.
Motion: Accept offer of $6500 payable within 30 days and release lien on this property
only.
Moved by Robert Vickers, Barry Asmus seconded.
Vote: Motion carried by unanimous vote (summary: Yes = 7).
Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod
Buenconsejo, Robert Vickers.
Case: 7-10-7450
Owner: Steven Ritter
Address: 29 NW 105 St.
Mr. Ritter and Mr. Howard were present to state case. Mr. Chairman gave background
information on case. Mr. Howard, attorney for Mr. Ritter gave information on why the
owner was not in compliance but was working with company to get into compliance. A
litigation is currently pending because of contractor's scam. Board members questioned
Mr. Ritter and after discussion offer to pay$500 payable within 10 days.
Motion: Counter offer to accept $2000 within payable within 30 days and release lien on
this property and this property only.
Moved by Barry Asmus, Rod Buenconsejo seconded.
Vote: Barry Asmus, Rod Buenconsejo, YES
Robert Vickers, John Patnik, Robert Swan, Barry Perl, Manny,Quiroga,NO.
Motion failed. (summary: Yes: 2, No: 5)
Motion: Offer to accept $500 payable within 30 days and release lien on this property and
this property only.
Moved by Barry Perl, Robert Swan Seconded.
Vote: Barry Perl, Robert Swan, YES
Robert'Vickers, John Patnik, Barry Asmus, Rod Buenconsejo, Manny Quiroga. NO
Motion failed (summary: Yes: 2, No: 5)
Code Enforcement Board March 01,2012
Case: 5-11-8549
` Owner: Carlos Cedano
Address: 715 NE 91 St. #3A
Mr. Cedano was present to state the case. Mr. Chairman gave background information on
case. Mr. Cedano's friend was present and stated that violation was inherited. Board
members asked questions regarding property and homeowner offers to pay $350 payable
within 30 days.
Motion: Accept $350 payable within 30 days and release lien on this property and this
property only.
Moved by Robert Vickers, Robert Swan Seconded.
Vote: Robert Vickers, John Patnick, Robert Swan, Barry Perl, Manny Quiroga. YES
Rod Buencorisejo, Barry Asmus. NO
Motion passed: (summary Yes: 5,No: 2)
Case: 4-08-3984
Owner: James & Janis E. Spinney
Address: 770 NE 91 st. #I
Mr. Spinney was present to state case. Mr. Asmus gave background information on case.
Mr. Spinney stated he had a new offer and did not dispute violation just wants to resolve
the issue. Board members discussed issue regarding violations and summarized what
transpired at the last meeting. Offer to pay $2000 payable within 30 days.
Motion: Accept offer of $2000 payable within 30 days on this property and this property
only.
Moved by Robert Vickers, Robert Swan seconded.
Vote: Robert Vickers, John Patnick, Robert Swan, Barry Perl, Rod Buenconsejo, Manny
Quiroga, YES
Barry Asmus,NO
Motion passed: (summary Yes: 6,No: 1)
Case: 11-09-6479
Owner:-Alan Soven
Address: 1215 NE 95 St. '
Mr. Soven was present to state case and stated this violation was inherited and he repaired
property and brought it into compliance before legally becoming the owner. Board
members asked Mr. Soven questions regarding property. Offer to pay $500 within 10 days.
Motion: Offer to accept $500 payable within 10 days and release lien on this.property and
this property only.
Moved by Rod Buenconsejo, Robert Swan seconded.
Vote: Rod-Buenconsejo, Robert Swan, YES
Robert Vickers, John Patnick, Barry Asmus, Barry Perl, Manny Quiroga, NO
Motion failed: (summary Yes: 2,No: 5)
Code Enforcement Board March 01,2012
• Case: 7-08-4567
Owner: Claudia Rebelo
Address: 353 NE 94 St.
Mr. Chairman gave background information. Ms. Rebelo was present to state case and
stated her delay in coming into compliance. Mr. Orta gave background information
regarding property as well. Board members discuss length of time she was in violation.
Offer to pay $1500 payable 30 days.
Motion: Offer to accept $1500 payable within 30 days and release lien on this property and
this property only.
Moved by Robert Swan, No second.
Motion failed for lack of second.
Motion: Accept $2500 payable within 30 days and release lien on this property and this
property only.
Moved by Robert Vickers, Rod Buenconsejo Seconded.
Vote: Robert Vickers, John Patnik, Robert Swan, Barry Asmus, Rod Buenconsejo. YES
Manny Quiroga, Barry Perl. NO
Motion passed: (summary Yes: 5,No: 2)
Case: 1-10-6643
Owner: Georg Ketelhohn
Address: 185 NW 107 St.
Mr. Chairman gave background information. Mr. Ketelhohn was present to state case and
stated he did everything possible to come into compliance by pulling permits and appearing
before planning and zoning board. Board members discussed and asked questions
regarding violations. Owner amends offer to $1090 payable within 30 days.
Motion: Accept offer of$1090 payable within 30 days and release lien on this property and
this property only.
Moved by Barry Perl, Rod Buenconsejo seconded.
Vote: Robert Vickers, John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo, Manny
Quiroga, YES.
Barry Asmus, NO
MINUTES
Motion: Tabled minutes to next meeting and clarify vote on property address 49 NW 108
St. Property Owner, Wells Fargo Bank,NA.
NEXT MEETING
The next meeting will be on April 05, 2012
Motion: to ADJOURN
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.
Code Enforcement Board March 01,2012
ADJOURNMENT
March 02, 2012 Code Board meeting was adjourned.
Anthony Flores,lCode Enforcement Supervisor Man Quirog4,Q ai n
Code Enforcement Board March 01,2012