02-03-2011 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday February 3rd 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
February 3rd, 2011, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Robert Vickers
PRESENT: Robert Vickers, Chairman
Barry Perl
Rod Buenconsejo
John Patnik
Barry Asmus
Robert Swan
Manny Quiroga
ALSO PRESENT: Jesus Suarez,Deputy Village Attorney
Mike Orta,Code Enforcement Officer
Anthony Flores,Code Enforcement Officer
Valerie Bierley, Clerk k
All witnesses were sworn in by the Deputy Village Attorney, Mr. Suarez
FIRST HEARING
Summary Adjudication For 1St Hearings:
Case #'s: 10-10-7806; 10-10-7843; 11-10-7870; 11-10-7871; 11-10-7872; 11-10-7875; 11-
10-7882; 11-10-7883; 11-10-7894; 11-10-7904; 11-10-7905; 11-10-7931; 11-10-7949; 11-
10-7973; 11-10-7975; 1-11-8047; 1-11-8074; 12-10-8009; 12-10-8017; 12-10-8018; 12-10-
8019; 12-10-8020; 12-10-8023; 12-10-8024; 6-10-7323; 7-10-7351; 7-10-7396; 9-10-7668;
9-10-7708; 9-10-7755
Chairman Vickers read each case and address into the record and asked if anyone else was
present. No one was present.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Mr. Quiroga made a 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 by March 2, 2011 and will immediately notify the code enforcement officer
when the property is brought into compliance. In each such case, if the violation is not
Code Enforcement Board 1 February 3 2011
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 amount of
$50.00 a day thereafter and also a $30.00 staff's administrative fee. Mr. Buenconsejo
seconded the motion. The vote was unanimous in favor of the motion 7-0.
PENALTY HEARINGS
Case: 8-10-7557
Owner: Teresa Lefevre
Address: 818 NE 92 St.
The officer, Mike Orta, testified that violations still existed on the property. The
homeowner's son Raymond was there to present his case. Following discussion by the
board Mr. Perl made a motion to continue to March 3, 2011 meeting. Mr. Buenconsejo
seconded the motion and the vote was in favor of the motion 6-1. Chairman Vickers voted
no.
Case: 7-10-7350
Owner: Steven Shulman
Address: 471 NE 101 St.
The officer, Anthony Flores, testified that violations still existed on the property. The
homeowner Mr. Shulman was there to present his case. Following discussion by the board
Mr. Perl made a motion to continue to April 7, 2011 meeting. Mr. Asmus seconded the
motion and the vote was in favor of the motion 6-1. Chairman Vickers voted no.
Summary Adjudication:
Case 4's 10-10-777; 10-10-7839; 10-10-7840; 11-10-7935; 11-10-7936; 5-10-7162; 5-10-
7192; 6-10-7296; 8-10-7596; 8-10-7604; 9-10-7704; 9-10-7730
Chairman Vickers read each case and corresponding address into the record to verify
whether or not anyone was present to address the Board. As neither the individual property
owners nor their representatives were present for the hearing, Mr. Flores confirmed that all
case files contained appropriate affidavits attesting to the fact that violations still exist
subsequent to the ordered compliance dates and that individuals have not contacted the
Code Enforcement Department.
Mr. Perl moved 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. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the
motion 7-0.
REQUEST FOR RELIEF
Code Enforcement Board 2 February 3 2011
Case: 2-10-6766
Owner: Provident Funding Associates, LP (Wendy Basil)
Address: 69 NW 104 St.
Ms. Basil was there to present the case. The board asked several questions and after a
discussion, Mr. Basil proposed to pay $350.00 within 5 days. Offer denied due to lack of
motion
Case: 7-10-7353
Owner: Mathieu Desir
Address: 104 NW 102 St.
Mr Desir, were there to present the case. The board asked several questions and after a
discussion, Mr. Desir proposed to pay $500.00 within 60 days. Mr. Swan moved to accept
the proposed amount for release of the above referenced property only, and Mr.
Buenconsejo seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted
no.
Case: 3-08-3735; 3-08-3743; 6-09-5829; 11-09-6480; 2-10-6667; 6-10-7243
Owner: Kondaur (Robert Walser)
Address: 9818 NW 1 Ave.
Mr. Walser was there to present the case. The board asked several questions and after a
discussion, Mr. Walser proposed to pay $2,500.00 within 10 days. The offer was denied
due to lack of motion.
Case: 6-10-7321
Owner: Claudio Rodriguez
Address: 335 NE 101 St.
Mr. Rodriguez, was there to present the case. The board asked several questions and after a
discussion, Mr. Rodriguez proposed to pay $350.00 within 10 days. Mr. Swan moved to
accept the proposed amount for release of the above referenced property only. The offer
was denied due to lack of second.
Case: 6-10-7302; 6-10-7308; 11-07-3160; 2-08-3591; 2-08-3549
Owner: Select Portfolio Services (Ricardo Gonzalez)
Address: 57 NE 93 St.
Mr. Gonzalez was there to present the case. The board asked several questions and after a
discussion, Mr. Gonzalez proposed to pay $5,000.00 within 30 days. Mr. Perl moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Buenconsejo seconded the motion. The vote was in favor of the motion 6-1. Mr. Asmus
voted no.
MINUTES
Mr. Quiroga moved to accept December 2"a,2010 minutes and Mr. Buenconsejo seconded
the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 3 February 3 2011
r NEXT MEETING
The next meeting will be on March 3rd, 2011.
ADJOURNMENT
Mr. Buenconsejo made a motion for adjournment Mr. Swan seconded it and the motion
passed unanimously 7-0.
Valerie Bierley,Clerk Robert Vickers,Chairman
Code Enforcement Board 4 February 3 2011