06-07-2012 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday June 07,2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
June 07, 2012, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Manny Quiroga.
Present: Robert Vickers,John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo,
Manny Quiroga,
Absent/Excused: Robert Swan,
Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case: 4-12-9879
Owner: Marlene Marin
Address: 1040 NE 105 St.
Section: 5-22
Violation: Sec. Keeping Noisy Animals
Officer Flores stated case that has been ongoing for 2 years. Neighbors have been in
contact with code officer about barking and it has become progressively worse in the last
couple of months. Ms. Marin was present and stated the steps taken to remedy the situation
with her dog. After purchasing a dog collar and placing it around the neck, she noticed a
sore around the dog's neck and had to remove it. Board members asked owner and code
officer about issues going on with case. Owner stated dog is outside during the day and at
night time he is inside. Neighbor Ms. Franz lives at 1039 NE 104th St. testified how dog
barks all day long and she does realize that a dog needs to bark in certain instances but not
all day. Neighbor Noel Franz lives at 1039 NE 104th St. also testified to dog barking and
how it peaks at certain times of the day.
Motion: Action:Accept,Moved by Robert Vickers, Seconded by Barry Asmus.
With respect to case(s) 4-12-9879: I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s) 5-22 of the Miami Shores Village Code. The offending
party shall correct all such violations within 5 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$500.00 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.
Code Enforcement Board June 07,2012
Discussion by board.
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Chairman Quiroga.
' No: Barry Perl, Rod Buenconsejo.
Motion passed (summary: Yes=4, No = 2, Abstain= 0).
Case: 5-12-9923
Owner: Vivian Medina
'Address: 10555 NE 6 Ave.
Section: 5-28; 5-25 '
Violation: Untended Pets; Leash or Other Control of Dogs Required.
Owner Vivian Medina was not present. Neighbors were present to state issues going on
around property. Code Office Anthony Flores stated issues going on with untended dogs
and how they roam freely and leave a mess in neighbor's yards. Miami Shores Police
department has also been contacted about dogs.'Daniel Thorogood resides at 635 NE 105tH
St. and stated how dogs roam around in his backyard and feces have been left by dogs and
` owners do not take action to remedy situation. Board members asked questions about dogs
and what procedures they have done to take care of issue with their neighbor. Kristin
Thorogood resides at 635 NE 105th St. concurred with how dogs roam on her property and
make a mess and is concerned since she has two small children. Neighbor Jackie Fobro
resides at 665 NE 105th St. stated that dogs have come on her property and chased her
animals. Issue has been ongoing for many years and when she has tried to approach owners
they don't care to make any changes. Neighbor Jimmy Delafare resides at 651 NE 105th St.
stated the standard practice is that dogs are allowed to take a run at midnight for a while.
Every morning, two;or three times a week two dogs have been defecating on their property
and then they have to remedy situation.Discussion by board.
Motion: Action: Accept, Moved by Barry Asmus, Seconded by Robert Vickers.
With respect to case(s)5-12-9923:I move for a finding of fact and conclusion of law that there exist two
violations each of Section(s)5-28;5-25 of the Miami Shores Village Code. The offending party shall within 5
days take all actions necessary to prevent any repeat violations of these sections and shall immediately notify
the Code Enforcement Officer upon compliance. Since there hasIbeen two violation of each of these code
sections that is irreversible(i.e. at least one violation of each code section by each of two separate dogs)a fine
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is hereby assessed against the violator in the amount of$250 per dog per violation per day(for a total of
$1,000),which will constitute a lien on the property of the violator. Steps should be taken that there is no re-
occurrence of these violations and if there is a re-occurrence the code enforcement officers are authorized to
treat same as a repeat violation in accordance with Village Code sections 2-79 and 2-81 and otherwise. Costs
in the amount of$30 are hereby assessed to recoup the Village's expenses in prosecuting the violation to date.
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
Chairman Quiroga.
Motion passed unanimously.
Summary Adjudication for 1St Hearings:
Code Enforcement Board June 07,2012
Case#'s: 1-12-9466;1-12-9510;1-12-9528;2-12-9617;2-12-9653;3-12-9705;3-12-9725;3-
12-9734;3-12-9750;4-12-9772;4-12-9788;4-12-9796;4-12-9799;4-12-9839;4-12-9858;;4-
12-9890;5-12-9914;;5-12-9916;5-12-9917;5-12-9918;5-12-9937;5-12-9939;5-12-9943;5-
12-9947;5-12-995 0;5-12-9951
Officer Mike Orta stated case number 5-12-9915 was closed and requested a repeat order.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Motion:Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.
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 the time period specified by Staff in the Staff recommendations for these hearings
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
Staff's 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 Staff's recommendations for tonight's hearings are hereby assessed in order to recoup the Village's
expenses in prosecuting the violations to date."
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
Chairman Quiroga.
Motion passed unanimously.
Motion: Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus
With respect to case(s)5-12-9915: I move for a finding of fact and conclusion of law that there existed a
violation of Section(s)521(b)(1)d and even though it has been corrected by the time of this meeting it exists.
Costs in the amount of$30 are hereby assessed to recoup the Village's expenses in prosecuting the violation
to date.
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
Chairman Quiroga.
Motion passed unanimously.
Code Enforcement Board June 07,2012
PENALTY HEARINGS
Summary Adjudication for Penalty Hearings:
Chairman Quiroga stated that no one has showed for penalty hearing.
Case#'s: 1-11-8099; 1-12-9465; 1-12-9468; 1-12-9470; 1-12-9520; 2-12-9556; 2-12-9563;
2-12-9564; 2-12-9618; 2-i2-9663; 4-12-9844; 4-12-9845
The officer, Anthony Flores, testified that Affidavits,of Non-Compliance and evidence of
violation exists in each of the files.
Motion: Action: Accept, Moved by Barry Asmus, Seconded by-Barry Perl.
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."
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
Chairman Quiroga.
Motion passed unanimously.
5 minute intermission.
REQUEST FOR RELIEF
Y
Case: 4-09-5579
Owner: Alexander& Karen Rundlet
Address: 113 NW 108 St.
Mr. and Mrs. Rundlet were present and Chairman stated they were here before. Mr.
Rundlet brought in paperwork that he began to assemble paper work on June 9h. Board
members asked questions. Offer to pay $1000 within 90 days.
Motion: Accept upon receipt of $500 payable within 90 days and release lien on this
property and this property only.
Moved by Barry Perl,No second.
Motion failed for lack of second.
Motion: Lien be satisfied with the payment of$1000 payable within 90 days.
Moved by Robert Vickers, Seconded by Barry Perl.
Vote: Yes: Robert Vickers, Barry Perl, Manny Quiroga
No: John Patnik, Barry Asmus, Rod Buenconsejo.
Motion failed (summary: Yes = 3,No = 3, Abstain= 0).
Code Enforcement Board June 07,2012
Case: 2-11-8126
Owner: Angelica Montero
Address: 9338 NW 2"d Ave
Luz Elena Lera was present as P.O.A. and stated she did not deny violation but had
problems with 3 electrical contractors and she.did not know that by speaking with building
department she was still in violation with code enforcement. Board members asked
questions regarding property. Ms. Lera offers to pay $75.00.
Motion: I move that upon receipt of$350 within 6 months the lien on this property and,this
property only be released.
Moved by Barry Perl, Seconded by Barry Asmus
Discussion by board.
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
Chairman Quiroga.
Motion passed unanimously.
Case: 4-11-8467
Owner: Lisa Rhodes ,
Address:1341 NE 103 St.
Ms. Rhodes was present to state her case and upon removing tile that did not need a permit
discovered mold and proceeded to correct issues. Ms. Rhodes travels mostly all month to
Ireland and neighbors that collected mail informed her of the violation As soon as she
understood she was in violation she began to remedy situation. Offer to pay $600 payable
within 30 days.
Motion: Accept $600 payable within 30 days and release the lien on this property only.
Moved by Rod Buenconsejo, Barry Asmus seconded.
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
Chairman Quiroga.
Motion passed unanimously.
Case: 2-08-3581
k Owner: Fannie Mae c/o RMS Asset Mgmts. Solutions, LLC
Address: 163 NW 101 St.
Mr. Chairman gave overview of the case. Joshua Kenny on behalf of Fannie Mae, with the
law firm of Wolf and Associates was present on behalf of owner and stated that remedy
was done prior to owning house, and there is an active sales contract on property. Board
members asked staff questions regarding property. Offer to pay $1000 within 60 days.
Motion: Accept upon receipt of$2000 payable within 60 days and release the lien on this
property and this property only.
Moved by Barry Asmus, Seconded by Barry Perl.
Vote: Yes: Robert Vickers, John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo.
-Chairman Quiroga.
Motion passed unanimously.
Code Enforcement Board June 07,2012
Case: 9293; 12-11-9419; 12-11-9420;3-07-1803;3-07-1804;3-07-1805.
Owner: Paul West
Address: 225 NE 96 St.
Charlene Ray was present as POA of Paul West to state case and stated the previous owner
was responsible for all the damage. Property was bought by Mr. West off the Miami Dade
Foreclosure Auction. Board members asked questions regarding purchase of property. Ms.
Ray asked board if there was a guideline to make an offer instead of throwing a number out
and Mr. Sarafan asked the board to have a minute to speak to Ms. Ray outside and offer
some council. After returning from a break, offer to pay $10,000 within in 10 days.
Move to accept offer of$10,000 payable within 10 days to satisfy this lien of$480,405 on
this property and this property only.
Moved by Robert Vickers, Seconded by Rod Buenconsejo.
Vote: Yes: Robert Vickers, Rod Buenconsejo, Chairman Quiroga
No: John Patnik, Barry Asmus, Barry Perl.
Motion failed (summary: Yes= 3,No = 3, Abstain= 0).
Case: 1-12-9445; 7-09-6005
Owner: 10603 Miami Shores Inc. Neelco Hoeksema
Address: 10603 NE 10 PI
Mr. Neelco Hoeksema was present and stated he did not know that he a permit needed for
work performed. Board members asked question. Mr. Hoeksema stated house is for sale.
Offer to pay $10,000.
Accept offer of$10,000 payable within 30 days.
Moved by Robert Vickers, Seconded by Barry Perl.
Vote Yes: Robert Vickers, John Patnik, Barry Perl, Rod Buenconsejo, Chairman Quiroga.
No: Barry Asmus
Motion passed: (summary: Yes=5, No=1, Abstain=0)
Motion to amend prior resolution and accept offer of $10,000 payable within 90 days.
Moved by Robert Vickers, Seconded by Barry Perl.
Vote Yes: Robert Vickers, Barry Perl, Rod Buenconsejo, Chairman Quiroga.
No: John Patnik, Barry Asmus
Motion passed: (summary: Yes=4, No=2, Abstain=0)
Code Enforcement Board June 07,2012
MINUTES
May minutes approved subject to typo correction on first page.
Moved by Rod Buenconsejo, Seconded by Barry Asmus.
NEXT MEETING
The next meeting will be on July 5, 2012.
ADJOURNMENT.
June 07, 2012 Code Board meeting was adjourned.
'7-/-F
Anthony Flores,Code Enforcement Supervisor M #oQ;gQa/thOiian el
Anonymous
Code Enforcement Board June 07,2012