11-01-2012 Regular Meeting z
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday,November 1,2012
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
November 01, 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: Robert Vickers,John Patnik,William Robert Smith, Manny Quiroga.
Absent/Excused: Rod Buenconsejo, Barry Asmus.
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
Summary Adjudication for 1St Hearings:
Chair recognizes that there is no one present for first hearings and reads the following
addresses:
Case#'s:10-12-10501; 10-12-10505; 10-12-10506; 10-12-10508; 7-12-10203; 8-12-10232;
8-12-10236; 8-12-10237; 8-12-10238; 8-12-10276; 8-12-10307; 9-12-10327; 9-12-10434;
9-12-10435; 9-12-10436; 9-12-10437; 9-12-10438; 9-12-10459.
Case 6-12-10021 will be adjudicated separately.
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 Pert,Seconded by Robert Vickers
I move for summary adjudication of all such cases except case 6-12-10021 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 Staffs recommendations for tonight's hearings are hereby assessed in order to recoup the Village's
expenses in prosecuting the violations to date."
Code Enforcement Board November 01,2012
Motion passed unanimously.
PENALTY HEARINGS
Chair recognizes that there is no one present for penalty hearings.
Case #'s: 6-12-10043; 7-12-10149; 7-12-10152; 7-12-10153; 7-12-10155; 7-12-10219; 7-12-
10225; 8-12-10246; 8-12-10254; 8-12-10296; 9-12-10321; 9-12-10323; 9-12-10381
Case 7-12-10124 has been continued by Officer Anthony Flores.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Summary Adjudication for Penalty Hearings:
Motion: Action: Accept,Moved by Robert Vickers Seconded by Bar
I move that,in each case currently remaining on the penalty et 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: 2-11-8185; 2-11-8186
Owner: Clyde Relick
Address: 29 NE 104 St.
Christopher Kelley was present along with Mr. Clyde Relick and gave background information
regarding violations. Homeowners live out of state and house was inherited after father past away. Mr.
Relick and his sister did not realize there was a lien on the home and when they did,they cured violation
as quickly as possible.Board members asked questions. Offer to pay$4000 within 10 days.
I move that upon the receipt of$4000 payable in 10 days that the lien on this property and this
property only is released.
Moved by Barry Perl,seconded by Robert Vickers.
Vote: Yes: Robert Vickers,John Patnik,Robert Smith,Barry Perl,and Chairman Quiroga.
Motion passed unanimously. (Summary: Yes =5, No =0, Abstain=0).
Case: 10-06-1248
Owner:Judge Leland
Address: 70 NE 97 St.
Mr. Leland was present and gave summary of case and mentioned he did not receive certified mail
regarding violation and remedied violation without informing code officer. Board members asked Mr.
Leland and code officer Mike Orta questions. Offer to pay 1500 payable within 10 days.
Move to accept the offer payable within 10 days and release this property and this property alone.
Code Enforcement Board November 01,2012
Moved by Robert Vickers. Seconded by Barry Perl.
Vote: Yes: Robert Vickers,Robert Smith,Barry Perl,and Chairman Quiroga.
No: John Patnik
Motion passed. (Summary: Yes=4,No=1,Abstain =0).
Case: 4-10-6980; 8-11-8861
Owner: Miami Shores Center LLC
Address: 9820/9830 NE 2"d Avenue
Orit Mimoun was present on behalf of Miami Shores Center and gave summary of case and mentioned
how they were not aware of violations and as soon as they became aware they remedied problems. Mr.
Blaize tenant of office space that was in violation was present and mentioned he had two other partners
that caused violations but he remedied violation by obtaining permits with city in order to come into
compliance. Board members asked questions. Offer to pay$2500 payable 10 days.
I move that the village accept the$2500 proposed by Miami Shores Center LLC to satisfy the lien
amount of$49,100, in exchange the village cancels the lien upon payment of the funds payable in
10 days.
Motion did not have a second.
Motion did not carry for lack of second.
Case: 4-11-8442; 4-11-8448
Owner: Michael Clay
Address: 141 NE 109 St.
Michael Clay was present and gave summary of case of why it took so long to come into compliance.
Mr. Clay began the process of obtaining bids for a new front and back driveway and was in
communication with the building department and recognizes error in not informing code officer of work
being done.Board members asked questions. Offer to pay$800 payable within 30 days.
Move to accept $800 payable within 30 days and release lien on this property and this property
only.
Moved by Robert Vickers,Seconded by Robert Smith
Vote: Yes: Robert Vickers,Robert Smith and Chairman Quiroga.
No: John Patnik,Barry Perl.
Motion passed. (Summary: Yes =3,No =2,Abstain = 0).
Case: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630
Owner: Louis Rosa and Maria Rosa
Address: 1172 NE 103 St.
Ileana, representative for Concorde Land Title services was present along with Maria Rosa and gave
summary of what is transpiring with property in a possible foreclosure. Attorney gave summary of case.
Board members asked questions. Offer to pay$2500 payable within 10 days
Move to accept offer of$2500 payable within 10 days and release property.
Moved by Robert Vickers, Seconded by John Patnik
Vote: Yes: Robert Vickers,John Patnik,Robert Smith and Chairman Quiroga.
No: Barry Perl.
Motion passed. (Summary: Yes =4,No=1,Abstain =0).
Code Enforcement Board November 01,2012
Case: 5-12-9949
Owner: George Davitan
Address: 85 NW 102 St.
George Davitan and contractor Carlton Crawl were present to state case about an expired permit.
Contractor gave background of information of why it took so long to close permit. Board members
asked questions.Offer to pay$100 in 10 days.
Upon receipt of$300 payable within 30 days release this property and this property only.
Moved by Barry Perl,seconded by Robert Vickers.
Vote: Yes: Robert Vickers,John Patnik,Robert Smith,Barry Perl,and Chairman Quiroga.
Motion passed unanimously. (Summary: Yes =5,No =0,Abstain =0).
Case: 2-08-3707
Owner: Marie Petit-Frere
Address: 174 NW 98 St.
Ashley Severe son in law was present and spoke on behalf of owner Marie Petit- Frere. Mr. Severe
mentioned owner Mr. Joseph Petit Frere, now deceased pulled a permit to pain house and thought it
would be okay to paint roof under same permit since roof was dirty and cleaned but did not look good.
When he became of aware of violation and lien he did was under personal duress and did not give matter
appropriate attention. Mr. Severe cousin in the last couple of months remedied violation and has
maintained property. Board members asked questions. Officer Orta gave summary of case. Offer to pay
$500 payable within 30 days.
Move to accept offer of$500 payable within 30 days.
Moved by Robert Vickers, Seconded by Robert Smith.
Vote: Yes: Robert Vickers,Robert Smith.
No: John Patnik,Barry Perl,Chairman Quiroga.
Motion failed. (Summary: Yes =2,No =3,Abstain = 0).
Case: 1-10-6603
Owner:Aimee Santos
Address: 40 NE 95 St.
Aimee Santos and her nephew were present to state case against an inoperable vehicle parked on
property. Ms. Santos mentioned that the property is being rented and renters did not give her accurate
information regarding violation. She was under the impression that there was no problem on property
because renters explained that village told them if they covered inoperable car then that would be okay.
Board members asked questions.Offer to pay$500 payable by next Tuesday the 6th of November.
I move respect to this case that upon receipt of$1500 within 60 days that the lien on this property
and this property only be released.
Moved by Barry Perl and Seconded by John Patnik.
Discussion by board.Attorney gives council to wording on release of lien.
Motion amended to reflect release of lien completely.
(Chair explained in Spanish motion to owner Aimee Santos).
Vote: Yes: John Patnik,Robert Smith,Barry Perl,and Chairman Quiroga.
No: Robert Vickers.
Motion passed. (Summary: Yes =4,No =1,Abstain = 0).
Code Enforcement Board November 01,2012
Case: 3-10-6948
Owner: Alex and Ellen Bonet
Address: 1361 NE 104 St.
Mrs. Ellen Bonet was present and gave summary of case and in order to close dock permit she needed to
go through Planning and Zoning to get approval which took about 6 months. Next they were sent to
DERM and after 6 more months were told they had to go to South Florida Water Management in West
Palm Beach. Process was well documented and took a long time to come into compliance because of 3rd
parties involved. Board members asked questions. Offer to pay$500 payable within 10 days.
Motion that village accept$500 as payment in full of the $39,800 lien and the lien on this property
be released.
Moved by Robert Smith,Seconded by John Patnik
Motion passed unanimously. (Summary: Yes =5, No =0,Abstain=0).
Case: 2-11-8117;2-11-8118
Owner: Stanley Summer
Address: 408 Grandconcourse
Stanley Summer was present and stated case about not receiving certified mail and went to post office
before meeting to do some research and they informed him that mail stayed at post office and never left
site to be delivered. Mr. Summer acknowledge he had a violation but would have requested more time if
he knew that a lien would be placed on property. Board members asked questions. Offer to pay $600
payable within 10 days.
Move to accept$600 payable within 10 days and release lien.
Moved by Barry Perl,seconded by Robert Smith.
Motion passed unanimously. (Summary: Yes =5, No=0, Abstain=0).
Case: 2-12-9589
Owner: Patricia Rodriguez
Address: 246 NE 105 St.
Patricia Rodriguez was present and stated she was aware of violation but needs to get a new roof.
Officer Anthony Flores gave Ms. Rodriguez extensions but too much time had passed and roof
continued to need cleaning. Ms. Rodriguez said she did receive notification but did not put much effort
in remedying violation. Offer to pay$200 payable within 10 days.
I move that upon receipt of$400 within 60 days that the lien be released.
Moved by Barry Perl,Seconded by Robert Vickers
Motion amended to reflect payment within 120 days.No second.
Motion reverted back to original proposed amount of$400 payable within$60 days.
Moved by Barry Perl, Seconded by Robert Vickers
Vote: Yes: Robert Vickers,Barry Perl.
No: John Patnik,Robert Smith,and Chairman Quiroga.
Motion denied.(Summary: Yes=2, No =3, Abstain=0).
FIRST HEARING
Case: 6-12-10021
Owner:Juan Carlos Piedrabita or Current Owners
Code Enforcement Board November 01,2012
Address: 925 NE 91 Terrace
Violation: 8-5 Miami Dade,Pool—Unsafe Structures
Violation: 12-108,Insect and Rodent Harborage
Motion: Action: Accept,Moved by Robert Vickers,Seconded by John Patnik.
With respect to case(s) 6-12-10021 : I move for a finding of fact and conclusion of law that
there exists a violation or violations of Section(s) 8-5 and 12-108 of the Miami Shores Village
Code. The offending party shall correct all such violations in 3 dans and shall immediately
notify the Code Enforcement Officer when the property is brought into compliance. If the
violation is not brought into compliance by that time, the Code Enforcement Officer may
report back to the Board and, in such event, a fine is hereby authorized to be automatically
assessed against the violator in the amount of$ 250 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.
Motion passed unanimously.
Motion to approve October Minutes.
Moved by John Patnik, Seconded by Robert Smith.
NEXT MEETING
The next meeting will be on December 06, 2012.
ADJOURNMENT
November 01, 2012 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor M Quiro a,C irm
Code Enforcement Board November 01,2012