09-06-2012 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, September 6, 2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
September 02, 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, Robert Swan, Barry Asmus, Barry Pert, Rod
Buenconsejo, Manny Quiroga
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, Richard Sarafan
FIRST HEARING
Case: 7-11-8746
Owner: Richard Criswell
Address: 32 NW 93 St.
Violation: 536/537 Landscape Design and maintenance.
Code officer Mike Orta gave summary and mentioned case was tabled because Mr. Criswell
was allowed to appear before planning and zoning board to see if they would change code to
adopt Florida Friendly landscaping that included stones to be placed in yard instead of grass
cover. Mr. Criswell was present and stated case about his property and how he is trying to
xeriscape. Mr. Criswell mentioned that he has analyzed the code and has tried to reason with
code established. Mr. Flores read code 536/537. Board members asked questions regarding
time frame to correct violation.
Motion: Action: Accept,Moved by Barry Perl, Seconded by Rod Buenconsejo.
With respect to case(s) 7-11-8746 : I move for a finding of fact and conclusion of law that there
exists a violation or violations of Section(s) 536 of the Miami Shores Village Code. The offending
party shall correct all such violations by Dec. 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$25.00 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.
Discussion by board.
Motion passed unanimously.
Code Enforcement Board September 06,2012
Summary Adjudication for 1St Hearings:
Chair recognizes that there is no one else present for first hearings.
Case#'s:11-11-9194;2-12-9544;7-11-8746;7-12-10124;7-12-10127;7-12-10130;7-12-
10134;7-12-10135;7-12-10138;8-12-10230;8-12-10234;8-12-10251.
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 Barry Asmus.
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."
Motion passed-unanimously.
PENALTY HEARINGS
Summary Adjudication for Penalty Hearings:
Chairman states that no one is present for Enforcement Orders.
Case #'s: 11-11-9176;3-12-9674;3-12-9754;4-12-9772;5-12-9916;5-12-9922;5-12-9930;5-
12-9945;5-12-9949;5-12-9997;7-12-10123;7-12-10126.
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 Swan, Seconded by Barry Asmus.
Code Enforcement Board September 06,2012
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."
Motion passed-unanimously.
REQUEST FOR RELIEF
Case: 4-10-6980; 8-11-8861
Owner: Miami Shores Center LLC
Address: 9820/9830 NE 2"d Ave.
Orit Mimoun was present on behalf of owner and stated that owner did not know that a lien
was placed on the property. They were aware of one of the violation, which was for
construction taking place without permits but were in contact with tenant to resolve issue
A.S.A.P. They became aware of the second violation, which was for a dirty awning when
they came to village to get paperwork stating violation was remedied and closed. They
remedied violation for awning within a matter of days. Board members asked questions
regarding certified mail and why it took so long to remedy situation. Offer to pay $2000
payable within 30 days.
Board has chosen not to make motion.
Case: 10-10-7842
Owner: Alex Edelman/ Shoreview Center
Address: 9999 NE 2"d Ave.
Julio Martinez was present on behalf of Alex Edelman to state case. He stated violation
was remedied on time yet it was not recorded on time. Mr. Martinez did not have
paperwork from contractor that was signed indicating inspection date but was present
during.inspection from village mechanical inspector. Offer to pay $30 payable within 30
days.
Move that upon receipt of $100 that the lien on this property and this property only
be released. 30 days.
Moved by Barry Perl, seconded by Rod Buenconsejo
Vote: Yes: Robert Vickers,John Patnik, Robert Swan, Barry Asmus, Barry Perl, Rod
Buenconsejo, and Chairman Quiroga.
Motion passed unanimously.
Case: 8-11-8896; 12-11-9289; 10-11-9069
Owner: Timothy and David Snow
Code Enforcement Board September 06,2012
a
r
Address: 12 NE 101 St.
David snow was present,to state case and mentioned he had requested an extension that
was granted but did not realize he had to appear before the board again or contact code
r officer. Gave explanation of how much he has spent on property between renovations and
permit fees. Board members asked questions regarding compliance deadline. Offer to-pay
$500 payable within 90 days.
Move to accept offer.
Moved by Robert:Vickers, Seconded by John Patnik
Vote: Yes: Robert Vickers,John Patnik
Vote: No: Robert Swan, Barry Asmus, Barry Perl, Rod Buenconsejo, and Manny
' Quiroga.
Motion denied (summary: Yes=2, No= 5,Abstain = 0). r
` `Case: 4-11-8386 '
Owner: Nishima Investments Inc.
c/o Yvette Murphy, Esq.
Address: 40 NE 91St.
Mrs. Murphy was present on behalf of Nishima` Investments and stated they had a
i realtor take care of,property and were not aware of problem with property. The
owner lives. out of the country and°hired a friend as his realtor to take care of
r property and rent out property. The realtdr did state there was a violation but had
x
corrected ii in a timely fashion in order to rent it out and a lease was signed therefore
indicating that property was under,full compliance even though that was not the case.
Offer to pay$3500 payable within $30 days.
Move that upon receipt of $3500 within 30 days the lien on this property and this
property only be released.:-,
Moved by Barry Perl, Seconded by Rod•Buenconsejo.
t
Discussion by board.,
Vote: Yes:,Robert Vickers, Robert Swan, Barry Perl, Rod Buenconsejo, and Manny
Quiroga.
Vote: No: John Patnik, Barry Asmus,
Motion passed'(summary: Yes =5, No=2, Abstain = 0).
f ,
M Case: 3-08-3754 ,
Owner: Sandra & Ronald Pelham
Code Enforcement Board September 06,2012
} k
}
Address: 125 NE 98th St.
Ms. Pelham was present to state case and mentioned that she was not aware a lien was
placed on the home. They did receive a notice from code enforcement when they had
the violation but thought it had been cured. Now that property is for sale she removed
awning frame and cured violation within a couple of days of learning of lien. Offer to
pay $750 payable within 30 days.
Moved that upon receipt of $750 payable within $30 days the lien on this property
and this property only be release.
Moved by Barry Perl, Seconded by Robert Swan.
Motion amended to read moved that upon receipt of$750 payable within $30 days the
Hen be released.
Moved by Barry Perl, Seconded by Robert Swan.
Vote: Yes: Robert Vickers, Robert Swan, Barry Perl, Rod Buenconsejo, and Manny
Quiroga.
Vote: No: Barry Asmus,
Motion passed (summary: Yes =6,No=1, Abstain = 0).
Case: 9-09-6307
Owner: Claudia Moore
Address: 310 NE 98th St.
Claudia Moore was present and reiterated what she said last month to board about
not being aware of violation still existed and thought it had been remedied. Offer to
pay $500 payable within 180 days.
Upon receipt of $500 payable within 180 days that the lien on this property be
released.
Moved by Barry Perl, Seconded by Robert Swan
Discussion by board.
Vote: Yes: Robert Vickers, John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo,
and Manny Quiroga.
Vote: No: Barry Asmus,
Motion passed (summary: Yes =6,No =1, Abstain =0).
Case: 6-11-8695; 10-10-7873
Owner: Yael and Liron Beltzer
Address: 1201 NE 100 St.
Code Enforcement Board September 06,2012
Yael Beltzer was present and stated she had hired contractor to open and close
permits and he did not. She was not aware that he had not so in a timely fashion until
she closed dirty roof violation. She also stated she had a hard time trying to find
someone to pressure clean roof. Offer to pay $300 payable within 30 days
Upon the receipt of$500 payable within 60 days, release the lien on this property and
this property only be released.
Moved by Barry Asmus, Seconded by Robert Vickers.
Vote: Yes: Robert Vickers,John Patnik, Robert Swan,Barry Asmus,
Rod Buenconsejo, and Manny Quiroga.
Vote: No: Barry Perl..
Motion passed (summary: Yes =6,No=1,Abstain= 0).
Motion to approve minutes.
Moved by Robert Swan, Seconded by Barry Asmus.
NEXT MEETING
The next meeting will be on October 04, 2012.
ADJOURNMENT
September 06, 2012 Code Board meeting was adjourned.
XQuiroga�Anthony Flores,Code Enforcement Supervisor MCh rm�
Code Enforcement Board September 06,2012