03-03-2011 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday March 3 d 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
March 3'a, 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 Per)
Rod Buenconsejo
John Patnik
Barry Asmus
Robert Swan
ALSO PRESENT: Richard Sarafan,Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores,Code Enforcement Officer
Valerie Bierley,Clerk
ABSENT: Manny Quiroga
All witnesses were sworn in by the Village Attorney, Mr. Sarafan
FIRST HEARING
Case: 2-11-8158
Owner: Marie Cesar
Address: 141 NW 92 St.
Section: 12-211(a); 501(m)
Violations: Unlawful Occupancy; Building not designed for residential purposes.
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. Mrs. Cesar's sister, Suzie Salomon were there to present the case.
Following discussion by the Board, Mr. Swan moved for a finding of fact and a conclusion
of law that a violation exists according to Section(s) 12-211(a) and 501(m) of the Miami
Shores Village Code. The violator shall correct the violation by March 6, 2011 and
immediately notify the Code Enforcement Officer. If the violator has not corrected the
violation by the specified time, the Code Enforcement Officer is to use at his discretion
whether or not to extend the date. The Code Enforcement Officer may also report back to
the board and the board may then assess a fine against the violator in the amount of
$250.00 per day thereafter. This will constitute a lien on the property of the violator. Costs
in the amount of $30.00 per violation were assessed to recoup the Village's expenses in
prosecuting the violations to date. Mr. Asmus seconded the motion. The vote was
unanimous in favor of the motion 6-0.
Code Enforcement Board 1 March 3,2011
Case: 11-10-7944
Owner: Emile Fleur
Address: 800 NE 91 Terr.
Section: 6-4
Violations: Permits—Application generally.
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. Mr. Fleur was there to present the case. Following discussion by the
Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists
according to Section(s) 6-4 of the Miami Shores Village Code. The violator shall correct
the violation by April 17, 2011 and immediately notify the Code Enforcement Officer. If
the violator has not corrected the violation by the specified time, the Code Enforcement
Officer is to use at his discretion whether or not to extend the date. The Code Enforcement
Officer may also report back to the board and the board may then assess a fine against the
violator in the amount of $100.00 per day thereafter. This will constitute a lien on the
property of the violator. Costs in the amount of $30.00 per violation were assessed to
recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo
seconded the motion. The vote was in favor of the motion 4-2. Mr. Asmus and Mr. Patnik
voted no.
Case: 2-11-8131
Owner: Michelle Minagorri
Address: 901 NE 91 Tern
Section: 6-4(a); 6-1
Violations: Unauthorized construction/Expired permit(s); Adoption of technical code
(florida bldg code.)
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. Mrs. Minagorri was there to present the case. Following discussion
by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation
exists according to Section(s) 6-4(a) and 6-1 of the Miami Shores Village Code. The
violator shall correct the violation by April 6, 2011 and immediately notify the Code
Enforcement Officer. If the violator has not corrected the violation by the specified time,
the Code Enforcement Officer is to use at his discretion whether or not to extend the date.
The Code Enforcement Officer may also report back to the board and the board may then
assess a fine against the violator in the amount of $50.00 per day thereafter. This will
constitute a lien on the property of the violator. Costs in the amount of$30.00 per violation
were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr.
Asmus seconded the motion. The vote was in favor of the motion 5-1. Mr. Swan voted no.
Case: 9-10-7721
Owner: Michelle Minagorri
Address: 901 NE 91 Ten:.
Section: 6-4
Violations: Permits—Application generally
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. Mrs. Minagorri was there to present the case. Following discussion
by the Board, Mr. Swan moved to table this case to the next meeting, April 6, 2011. Mr.
Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted
no.
Code Enforcement Board 2 March 3,2011
Case: 11-10-7955
Owner: Charles Fadely
Address: 280 NE 91 St.
Section: 520(h)(i)
Violations: Deteriorated parking area
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. Mr. Charles was there to present the case. Following discussion by
the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation
exists according to Section(s) 520(h)(i) of the Miami Shores Village Code. The violator
shall correct the violation by May 4, 2011 and immediately notify the Code Enforcement
Officer. If the violator has not corrected the violation by the specified time, the Code
Enforcement Officer is to use at his discretion whether or not to extend the date. The Code
Enforcement Officer may also report back to the board and the board may then assess a
fine against the violator in the amount of$50.00 per day thereafter. This will constitute a
lien on the property of the violator. Costs in the amount of $30.00 per violation were
assessed to recoup the Village's expenses in prosecuting the violations to date. Mr.
Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.
Case: 1-11-8108
Owner: Marlene Marin
Address: 1040 NE 105 St.
Section: 5-22(a)
Violations: Keeping noisy animals
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. The owner was not there to present the case. Several neighbors did
speak to express their aggravation and testify concerning the violation of the constantly
barking dog. Following discussion by the Board, Mr. Asmus moved for a finding of fact
and a conclusion of law that a violation exists according to Section(s) 5-22(a) of the Miami
Shores Village Code. The violator shall correct the violation by March 8, 2011 and
immediately notify the Code Enforcement Officer. If the violator has not corrected the
violation by the specified time, the Code Enforcement Officer is to use at his discretion
whether or not to extend the date. The Code Enforcement Officer may also report back to
the board and the board may then assess a fine against the violator in the amount of
$200.00 per day thereafter. This will constitute a lien on the property of the violator. Costs
in the amount of $30.00 per violation were assessed to recoup the Village's expenses in
prosecuting the violations to date. Mr. Patnik seconded the motion. The vote was in favor
of the motion 4-2. Mr. Perl and Mr. Buenconsejo voted no.
Summary Adiudication For 1" Hearings:
Case#'s: 10-10-7842; 11-10-7907; 11-10-7927; 11-10-7972; 11-10-7985; 1-11-8052; 1-
11-8106; 12-10-7999; 12-10-8005; 12-10-8031; 12-10-8040; 12-10-8041; 2-11-8124; 2-11-
Code Enforcement Board 3 March 3,2011
8128; 2-11-8129; 2-11-8133; 2-11-8134; 2-11-8137; 2-11-8138; 2-11-8139; 2-11-8142; 2-
11-8143; 2-11-8144; 2-11-8145; 2-11-8148; 2-11-8149; 2-11-8153; 2-11-8154; 2-11-8155;
2-11-8156; 2-11-8157; 2-11-8160; 2-11-8161; 2-11-8162; 2-11-8163; 2-11-8164; 2-11-
8165; 9-10-7656; 9-10-7736
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. Perl 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 April 6, 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 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. Asmus seconded
the motion. The vote was unanimous in favor of the motion 6-0.
PENALTY HEARINGS
Case: 12-10-8019
Owner: Diana Garcia
Address: 1160 NE 91 Tern
The officer, Mike Orta, testified that violations still existed on the property. The
homeowner was there to present his case. Following discussion by the board Mr. Perl made
a motion to continue to April 7, 2011 meeting. Mr. Patnik seconded the motion and the
vote was in favor of the motion 5-1. Mr. Asmus voted no.
Summary Adiudication:
Case#'s 10-10-7843; 11-10-7870; 11-10-7871; 11-10-7872; 11-10-7875; 11-10-7883; 11-
10-7894; 11-10-7895; 11-10-7905; 11-10-7949; 11-10-7975; 1-11-8047; 1-11-8074; 12-10-
8009; 12-10-8017; 12-10-8018; 12-10-8023; 12-10-8024; 7-10-7351; 9-10-7708; 9-10-
7755
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. Buenconsejo 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
Code Enforcement Board 4 March 3,2011
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. Swan seconded the motion and the vote was unanimous in
favor of the motion 6-0.
REQUEST FOR RELIEF
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 $12,500.00 within 60 days. Mr. Buenconsejo
moved to accept the proposed amount for release of the above referenced property only,
and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.
MINUTES
Chairman Vickers moved to accept February 3`d,2011 minutes and the vote was unanimous
in favor of the motion 6-0.
NEXT MEETING
The next meeting will be on April 7`", 2011.
ADJOURNMENT
Chairman Vickers made a motion for adjournment and the motion passed unanimously 6-0.
Valerie Bierley,Clerk Robert Vickers,Chairman
Code Enforcement Board 5 March 3,2011