05-03-2012 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday May 03,2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
May 03, 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.
Absent/Excused: Robert Vickers.
Roll Call:
Richard Sarafan,Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta,Officer,Code Enforcement
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Chairman Quiroga stated that no one has showed for first hearing. Addresses are not read
with the understanding that no one in the room is present for first hearing.
Summary Adjudication for 1"Hearings:
Two cases 4-12-9801; 4-12-9802 have been continued by Officer Mike Orta.
Case Ws: 1-12-9468;1-12-9470;1-12-9471;1-12-9478;1-12-9520;2-12-9551;2-12-9563;2-
12-9564;2-12-9565;2-12-9587;2-12-9618;2-12-9635;2-12-9654;2-12-9655;2-12-9660;2-
12-9662;2-12-9663;3-12-9668;3-12-9701;3-12-9704;4-12-9801;4-12-9802;4-12-9804;4-
12-9840;4-12-9841;4-12-9844;4-12-9845;8-11-8981.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Board Member Barry Perl asked about case 4-12-9804 ICUC Holdings Inc. and pool
safety.
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 Barry Perl, Seconded by Barry Asmus
Motion passed unanimously.
Code Enforcement Board May 03,2012
PENALTY HEARINGS
Summary Adjudication for Penalty Hearings:
Officer Anthony Flores stated case 1-12- 9432 was continued and 5-11-8613 was closed.
Chairman Quiroga stated that no one has showed for penalty hearing. Addresses are not
read with the understanding that no one in the room is present for first hearing.
Case #'s: 11-11-9179;11-11-9180;11-11-9228;1-12-9459;1-12-9460;1-12-9469;1-12-
9475;1-12-9484;1-12-9493;3-12-9681;3-12-9682;3-12-9683;3-12-9684;3-12-9703.
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, and that 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 Barry Perl Seconded by Barry Asmus
Motion passed unanimously.
REQUEST FOR RELIEF
Case: 4-09-5579
Owner: Alexander&Karen Rundlet
Address: 113 NW 108 St.
Mr. Chairman gave a summary of the case. Owners for property were present to state case
and informed why they did not complete the paper work on time and cure violation. Board
members asked owners questions about time line and why it took so long to come into
compliance. Offer to pay$300 within 90 days.
Motion: With regard to case 4-09-5579 I move that the board accept $300 within 90 days
and release lien on this property and this property only. Action: Accept, Moved by Robert
Swan, Seconded by John Patnik
Vote: Motion failed. (Summary: Yes=2, No =4, Abstain= 0).
Yes: John Patnik , Robert Swan
No: Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.
Code Enforcement Board May 03,2012
Case: 11-10-7905
Owner: Phyllis James
Address: 375 NW 111 Terrace
Mr. Chairman gave a summary of the case. Ms. James was present and explained that
violation was not hers and debris tiles that were on her property were placed by her
neighbor. Neighbor was present as well and stated that is was his garbage that ended up on
his neighbor's property. Board asked Mr. Fairweather and owner questions regarding
violation. Offer to pay$50 within 14 days.
Motion: Accept offer of $50 payable within 14 days on this property and this property
only. Action: Accept, Moved by Buenconsejo, Seconded by Barry Asmus.
Vote: Motion passed. (Summary: Yes= 5,No = 1,Abstain=0).
Yes: John Patnik, Robert Swan, Barry Asmus, Rod Buenconsejo, Manny Quiroga.
No: Barry Perl
Case: 3-07-1852; 6-08-4336; 10-09-6471; 7-10-7430
Owner: Wells Fargo Bank,NA
Address: 49 NW 108 St.
Mr. Chairman gave a summary of the case. Avri Ben-Hamo was present on behalf of Bank
and explained there was a title issue and legal possession wasn't until June 2011, therefore
it took a few months to come into compliance. Board members asked Mr. Ben-Hamo
questions regarding offer and calculations. Offer to pay$7500 within 20 days.
Motion: Upon receipt of$7500 within 20 days that the lien on this property and this property
only be released. Action: Accept, Moved by Barry Perl, Seconded by Robert Swan.
Vote: Motion passed. (Summary: Yes=4,No =2,Abstain=0).
Yes: John Patnik, Robert Swan, Barry Perl, Manny Quiroga
No: Barry Asmus, Rod Buenconsejo.
Case: 2-09-5385; 2-09-5402; 1-10-6605; 1-10-6606
Owner: Jenner Philizaire
Address: 10904 NW 2"d Ave.
Mr. Chairman gave a summary of the case. Ms. Phillizare was present and stated her case.
Board members asked questions Ms. Phillizare questions. Staff recommends accepting
offer. Offer to pay$1000 within 2 months.
Motion: With regards to cases 2-09-5385; 2-09-5402; 1-10-6605; 1-10-6606, move to
accept offer of$1000 payable within in 2 months to release lien on this property and this
property only. Action: Accept; Moved by Robert Swan, Seconded by Mr. Quiroga
Vote: Motion failed. (Summary: Yes=1 ,No = 5, Abstain = 0).
Code Enforcement Board May 03,2012
No: John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.
Yes: Robert Swan
Case: 12-11-9338
Owner: Lisa Cantave
Address: 166 NW 98 St.
Mr. Chairman gave a summary of the case. Lisa Cantave was present to state case and
gave familial background and issues that surrounded violations. Board members asked Ms.
Cantave questions. Offer to pay$750 payable within 60 days.
Motion: Accept offer of$750 payable within 60 days and release lien on this property and
this property only.
Barry Perl asked if Rod Buenconsejo can amend his motion to 90 days to allow Ms.
Cantave more time.
Motion; amended to Accept offer of $750 payable within 90 days. Action: Accept;
Moved by Rod Buenconsejo, Seconded by Barry Perl.
Vote: Motion Passed Unanimously.
MINUTES
Approve April minutes subject to vote clarification on case Maria Rosa;
Address: 1172 NE 103 St.
NEXT MEETING
The next meeting will be on June 06, 2012
ADJOURNMENT
May 03, 2012 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor y`Quiro a h an
Code Enforcement Board May 03,2012