07-05-2012 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday July 05, 2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
July 05, 2012, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Acting Chairman, Barry Asmus.
Present: Robert Vickers, John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo,
Barry Asmus.
Absent/Excused: Manny Quiroga
Jesus Suarez, 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. Suarez.
FIRST HEARING
Case: 4-12-9821
Owner: Emmanuel Aldabe
Address: 758 NE 95 St.
Violation: Sec. 6-4
Officer Mike Orta gave summary of case. Mr. Aldabe was present as new owner and stated
he was not aware of the violation until today's date because his contractor made him aware
of violation. He requested an extension to resolve violation. Board asked questions
regarding compliance.
Motion:Action: Accept,Moved by Barry Perl,Seconded by Robert Vickers
With respect to case(s) 4-12-9821: I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s) 66=4 of the Miami Shores Village Code. The offending
party shall correct all such violations by September 4, 2012. 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$50.00 a day thereafter,which will constitute a lien on the property of the violator. Costs
in the amount of3$ 0.00 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,
Robert Swan.
Motion passed unanimously.
Code Enforcement Board July 05,2012
Case: 12-11-9288
Owner: Alysia Casebeer
Address: 319 NE 101 St.
Violation: Sec. 6-4 (a)
Mr. Flores gave summary of case. Ms. Casebeer was present to state case and requested a
little more time to cure violation because she was out of the state. Board members asked
questions about violation and compliance.
Motion:Action: Accept,Moved by Barry Perl,Seconded by Rod Buenconsejo.
With respect to case(s) 12-11-9288 I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s) 6-4 (a) of the Miami Shores Village Code. The
offending party shall correct all such violations by August 0 2012 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$50.00 a day thereafter,which will constitute a lien on the property of the violator. Costs
in the amount of$30.00 are hereby assessed to recoup the Village's expenses in prosecuting the
violation to date.
Discussion by board.
Vote: Yes: Robert Vickers, Barry Perl, John Patnik, Barry Asmus, Rod Buenconsejo.
No: Robert Swan.
Motion passed (summary: Yes = 5,No = 1, Abstain = 0).
Summary Adjudication for 1" Hearings:
Case Ws: 11-11-9160; 1-12-9439; 12-11-9280; 12-11-9282; 2-12-9589;
3-12-9725; 4-12-9778; 4-12-9778; 4-12-9801; 4-12-9801; 4-12-9860;
4-12-9863; 4-12-9865; 4-12-9889; 4-12-9893; 5-12-9921; 5-12-9930;
5-12-9930; 5-12-9941; 5-12-9948; 5-12-9949; 5-12-9971; 5-12-9983; 6-11-8695;
6-12-10038; 6-12-10040; 6-12-10041; 6-12-10045; 6-12-10047; 6-12-10054; 6-12-10091.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Barry Perl asked code officer Anthony Flores about case 6-12-10090, violation is Septic
Tank, Drain field left open. Mr. Flores stated it was open and hole was not big enough for a
child to fall in but neighbors had complained about smell. Mr. Perl asked to adjudicate
violation separately.
Code Enforcement Board July 05,2012
Motion: Action: Accept,Moved by Barry Perl, Seconded by Rod Buenconsejo.
I move for summary adjudication of all such cases except case number 6-12-10090,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
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 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,
Robert Swan.
Motion passed unanimously.
Case: 6-12-10090
Owner: Ocwen Financial
Address: 10555 NE 2 Ave.
Violation: Sec. 10-9
Motion: Action: Accept,Moved by Barry Perl,Seconded by Robert Vickers.
With respect to case(s) 6-12-10090: 1 move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s) 10-9 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$250.00 a day thereafter, which will constitute a lien on the property of the violator.
Costs in the amount of$30.00 are hereby assessed to recoup the Village's expenses in prosecuting
the violation to date.
Discussion by board.
Vote: Yes: Robert Vickers, Barry Perl, John Patnik, Barry Asmus, Rod Buenconsejo.
No: Robert Swan.
Motion passed (summary: Yes = 5, No = 1, Abstain = 0).
Code Enforcement Board July 05,2012
PENALTY HEARINGS
Summary Adjudication for Penalty Hearings:
Acting Chairman Asmus stated that no one has showed for penalty hearing.
Case #'s: 1-12-9466; 1-12-9471; 1-12-9510; 3-12-9705; 4-12-9788; 4-12-9799; 4-12-9804;
4-12-9839; 4-12-9840; 4-12-9841; 4-12-9858; 4-12-9890; 5-12-9939; 5-12-9943; 5-12-9950;
5-12-9951
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 Robert Vickers, Seconded by Rod Buenconsejo
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,
Robert Swan.
Motion passed unanimously.
REQUEST FOR RELIEF
Case: 7-10-7450
Owner: Steven Ritter
Address: 29 NW 105 St.
Mr. Ritter was present to state case with attorney Barry Shevlin. Mr. Shevlin gave
overview of how electric contractor and solar company took money from Mr. Ritter and did
not complete work or pull permits which constituted in violation. Mr. Ritter was taken
advantage of for $39,000.00 and no work was completed. Board members asked questions
regarding company. Offer to pay$1000.00 payable within 30 days.
12 Motion: Accept upon receipt of$1000 payable within 30 days and release lien on this
property and this property only.
Moved by Barry Perl, Seconded by Rod Buenconsejo
Vote: Yes: John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo, Barry Asmus.
No: Robert Vickers.
Motion passed (summary: Yes = 5, No = 1, Abstain = 0).Motion passed.
' 1
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Code Enforcement Board July 05,2012
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.
Mr. Kelley was present on behalf of Paul West and stated that they bought property in an
auction and they brought it into compliance. Mr. Kelley brought detailed list of expenses
and what potential profit could be. Board members asked questions and made comments
about property. Offer to pay$11,000 payable 21 days.
.2 Accept offer of$11,000 payable within 21 days and release lien on this property and
this property only.
Moved by Robert Vickers, Seconded by Robert Swan.
Vote: Yes: Robert Vickers, Robert Swan.
No: John Patnik, Barry Perl, Rod Buenconsejo. Barry Asmus.
Motion failed (summary: Yes = 2,No =4, Abstain= 0).
Mr. Asmus requested that if Mr. Kelley comes back representing this case that he bring a
copy of the construction loan that shows who the construction loan is to, a detailed listing
of real estate closing fees, and who the selling agent is, if it's not the listing agent.
1 Case: 3-08-3810; 5-08-4201
Owner: E Trade Bank
Address: 190 NW 102 St.
Mr. Darren Schienbaum works for Bayview Loan servicing and handles E Trade Bank
account. He was present to state they brought property into compliance and house is under
contract. Board members asked questions. Offer to pay$5000.00 payable within 60 days.
12 Accept offer of$5,000 payable within 60 days and release lien on this property and
this property only.
Moved by Robert Vickers, Seconded by John Patnik
Vote: Yes: Robert Vickers, John Patnik, Robert Swan, Barry Asmus.
No: Barry Perl, Rod Buenconsejo.
Motion passed (summary: Yes = 4, No = 2, Abstain = 0).Motion passed.
Code Enforcement Board July 05,2012
MINUTES
June minutes approved with corrections.
Barry Perl requests for staff to pull building permits for property 25 NE 96 St., Paul
West that would indicate work performed on this property.
Board Discussion regarding properties bought from banks.
NEXT MEETING
The next meeting will be on August 02, 2012.
ADJOURNMENT
July 05, 2012 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor Barry As s,Acting Chairman
Code Enforcement Board July 05,2012