04-07-2011 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday April 7th 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
April 7th, 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
All witnesses were sworn in by the Deputy Village Attorney, Mr. Suarez
FIRST HEARING
Case: 3-11-8313
Owner: Elizabeth Binai
Address: 957 NE 99 St.
Section: 5-21
Violations: Pet limitation and control
The officer, Mike Orta, explained the nature of the violation and testified that the violation
existed on the property and would like a repeat order. Mr. Maypother, Mrs. Binai's
husband was there to present the case. Following discussion by the Board, Mr. Quiroga
moved for a finding of fact and a conclusion of law that a violation existed according to
Section(s) 5-21 of the Miami Shores Village Code. The offending party has corrected the
violation and notified the Code Enforcement Officer. If the violation happens again the
Code Enforcement Officer may 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. Asmus
seconded the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 1 April 7,2011
Summary Adiudication For 1St Hearings:
Case#'s: 11-10-7900; 11-10-7938; 1-11-8057; 1-11-8071; 1-11-8083; 1-11-8109; 12-10-
8016; 12-10-8027; 2-11-8113; 2-11-8115; 2-11-8117; 2-11-8118; 2-11-8119; 2-11-8122; 2-
11-8123; 2-11-8131; 2-11-8192; 2-11-8193; 2-11-8196; 2-11-8197; 2-11-8198; 2-11-8199;
2-11-8200; 2-11-8203; 2-11-8209; 2-11-8210; 2-11-8239; 2-11-8242; 3-11-8266; 3-11-
8290; 3-11-8292; 3-11-8349; 6-10-7335;
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 May 4, 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 7-0.
PENALTY HEARINGS
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 was there to present his case. Following discussion by the board Mr. Perl made
a motion, the 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. Buenconsejo
seconded the motion and the vote was in favor of the motion 6-1. Mr. Quiroga 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
Code Enforcement Board 2 April 7,2011
subsequent to the ordered compliance dates and that individuals have not contacted the
Code Enforcement Department.
Mr. Quiroga 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. Buenconsejo seconded the motion and the vote was
unanimous in favor of the motion 7-0.
REQUEST FOR RELIEF
Case: 2006-06908; 5-07-2037; 6-09-5775; 6-09-5776
Owner: JP Morgan Chase Bank NA
Address: 5 NW 106 St.
Mr. and Mrs. Garate were there to present the case. The board asked several questions and
after a discussion, Mr. and Mrs. Garate proposed to pay $35,000.00 within 10 days. Mr.
Perl moved to accept the proposed amount for release of the above referenced property
only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion
7-0.
Case: 9-09-6250
Owner: CitiMortgage Inc.
Address: 390 NE 98 St.
Mrs. Ortiz was there to present the case. The board asked several questions and after a
discussion, Mrs. Ortiz proposed to pay $2,500.00 within 10 days. Mr. Buenconsejo moved
to accept the proposed amount for release of the above referenced property only, and Mr.
Swan seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted no.
Case: 2-11-8148
Owner: Verona Apartments LLc
Address: 9050 NE 8 Ave.
Mr. Gil was there to present the case. The board asked several questions and after a
discussion, Mr. Gil proposed to pay $10.00 within 5 days. Mr. Perl moved to accept
$250.00 within 30 days for release of the above referenced property only, and Mr. Asmus
seconded the motion. The vote was in favor of the motion 6-1. Mr. Swan voted no.
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 $500.00 within 10 days. Mr. Swan moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Quiroga seconded the motion. The vote was in favor of the motion 5-2. Mr. Perl and Mr.
Buenconsejo voted no.
Code Enforcement Board 3 April 7,2011
Case: 7-08-4518; 7-08-4519; 7-08-4520; 4-09-5597
Owner: Todd Hendrix
Address: 210 NE 102 St.
Mr. Hendrix was there to present the case. The board asked several questions and after a
discussion, Mr. Hendrix proposed to pay $8,500.00 within 10 days. A neighbor Mr. Davis
was there to speak in favor of Mr. Hendrix and his efforts to improve thus far on this
property Mr. Asmus moved to accept the proposed amount for release of the above
referenced property only, and Mr. Quiroga seconded the motion. The vote was unanimous
in favor of the motion 7-0.
MINUTES
Mr. Quiroga moved to table March 3`d, 2011 minutes and until the next meeting, May 5,
2011. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion
7-0.
NEXT MEETING
The next meeting will be on May 5th, 2011.
ADJOURNMENT
Mr. Asmus made a moved for adjournment and Mr. Patnik seconded the motion. The
motion passed unanimously 7-0.
Valerie Bierley,Clerk Robert Vickers,Chairman
Code Enforcement Board 4 April 7,2011