05-05-2011 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday May 5th 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
May 51h, 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(arrived at 6:25pm)
ALSO PRESENT: Richard Sarafan,Village Attorney
+ Mike Orta, Code Enforcement Officer
Anthony Flores,Code Enforcement Officer
Valerie Bierley,Clerk
All witnesses were sworn in by the Village Attorney, Mr. Sarafan
FIRST HEARING
Case: 4-11-8361
Owner: Kellyn Narona, Jerry Pennington
Address: 243 NE 103 St.
Section: 6-4(a)
Violations: Unauthorized Construction/Expired permit(s)
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation existed on the property and would like a repeat order. Mr. Pennington was there
to present the case. Following discussion by the Board, Mr. Swan moved to table this case
until the next meeting, June 2, 2011. Mr. Buenconsejo seconded the motion. The vote was
in favor of the motion 5-1. Mr. Asmus voted no.
Case: 4-11-8362
Owner: Kellyn Narona, Jerry Pennington
Address: 243 NE 103 St.
Section: 501(k) 10-1
Violations: Unauthorized Storage of materials
Code Enforcement Board 1 April 7,2011
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The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mr. Pennington 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) 501(k) 10-1 of the Miami Shores Village Code. The
violator shall correct the violation by June 1, 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.
Summary Adiudication For 1St Hearings:
Case #'s: 1-11-8091; 12-10-8001; 12-10-8042; 2-11-8130; 2-11-8167; 2-11-8168; 2-11-
8227; 2-11-8235; 2-11-8245; 3-11-8265; 3-11-8274; 3-11-8277; 3-11-8280; 3-11-8314; 3-
11-8315; 3-11-8340; 4-11-8364; 4-11-8372; 4-11-8377; 4-11-8378; 4-11-8381; 4-11-8382;
4-11-8385; 4-11-8386; 4-11-8387; 4-11-8388; 4-11-8389; 4-11-8391; 4-11-8392; 4-11-
8393; 4-11-8394; 4-11-8397; 4-11-8400; 4-11-8401; 4-11-8402; 4-11-8403; 4-11-8404; 4-
11-8405; 4-11-8406; 4-11-8407; 4-11-8408; 4-11-8411; 4-11-8413; 4-11-8414; 4-11-8418;
4-11-8419; 4-11-8421; 4-11-8422; 4-11-8424; 7-10-7417
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. Buenconsejo 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 June 1, 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. Perl seconded the
motion. The vote was unanimous in favor of the motion 6-0.
PENALTY HEARINGS
Summary Adiudication:
Case #'s 11-10-7900; 1-11-8057; 1-11-8109; 12-10-8027; 2-11-8119; 2-11-8122; 2-11-
8134; 2-11-8192; 2-11-8193; 2-11-8196; 2-11-8197; 2-11-8198; 2-11-8199; 2-11-8200; 2-
11-8209; 2-11-8242; 3-11-8266; 3-11-8290; 3-11-8349; 9-10-7736;
Code Enforcement Board 2 April 7,2011
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'. Swan 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. Perl seconded the motion and the vote was unanimous in favor of the
motion 6-0.
REQUEST FOR RELIEF
Case: 2005-06445; 2006-07256
Owner: Mario Rodriguez
Address: 1020 NE 99 St.
Mr. Rodriguez was there to present the case. The board asked several questions and after a
discussion, Mr. Rodriguez proposed to pay $9,000.00 within 60 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 unanimous in favor of the motion 6-0.
Case: 9-10-7755
Owner: Marie Michel and Marie Ducheine
Address: 9414 NW 2 Ct.
Mrs. Ducheine was there to present the case. The board asked several questions and after a
discussion, Mrs. Ducheine proposed to pay $150.00 within 30 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 7-0.
Case: 2006-06908; 5-07-2037; 6-09-5775; 6-09-5776
Owner: JP Morgan Chase Bank NA
Address: 5 NW 106 St.
Mr. Taylor was there to present the case. The board asked several questions and after a
discussion, Mr. Taylor proposed to pay $10,000.00 within 30 days. Mr. Quiroga 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 4-3. Mr. Asmus, Mr.
Quiroga and Mr. Buenconsejo voted no.
Case: 1-07-1473; 5-09-5727; 5-09-5728; 5-09-5729
Owner: Benchy Pillipeaux
Address: 11028 NW 2 Ave.
Mrs. Phillipeaux was there to present the case. The board asked several questions and after
a discussion, Mrs. Phillipeaux proposed to pay$600.00 within 45 days. Mr. Swan moved to
Code Enforcement Board 3 April 7,2011
accept the proposed amount for release of the above referenced property only with the
provision the finance fees are paid, and Mr. Quiroga seconded the motion. The vote was
not in favor of the motion 5-2. Mr. Asmus, Mr. Patnik, Mr. Perl, Mr. Buenconsejo and
Chairman Vickers voted no.
Case: 1-10-6605; 1-10-6606; 2-09-5385; 2-09-5402
Owner: Jenner Philizaire
Address: 10904 NW 2 Ave.
Mrs. Philiziare was there to present the case. The board asked several questions and after a
discussion, Mrs. Philizaire proposed to pay $500.00 within 30 days. The offer was denied
due to lack of motion.
Case: 2-10-6754
Owner: Kevin Lescott Lyttle Combs and Jacqueline James
Address: 5 NW 106 St.
Mr. and Mrs. Lyttle-Combs were there to present the case. The board asked several
questions and after a discussion, Mr. and Mrs. Lyttle-Combs proposed to pay $500.00
within 30 days. Mr. Quiroga 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 5-2. Mr. Asmus and Mr. Buenconsejo voted no.
Case: 7-08-4492; 7-08-4493; 2-10-6757
Owner: Katherine Castellon
Address: 456 NE 102 St.
Mrs. Castellon was there to present the case. The board asked several questions and after a
discussion, Mrs. Castellon proposed to pay $200.00 within 30 days for the release of the
property in North Miami only. Mr. Quiroga moved to accept the proposed amount for
release of the referenced property in North Miami only. Mr. Swan seconded the motion the
vote was in favor of the motion 6-1. Mr. Perl voted no.
MINUTES
Mr. Asmus moved to approve March 3rd, 2011 and April 7th, 2011 minutes Mr. Perl
seconded the motion and the vote was unanimous in favor of the motion 7-0.
NEXT MEETING
The next meeting will be on June 2"d, 2011.
ADJOURNMENT
May 5th 2011 Code Board meeting was adjourned.
Valerie Bierley,Clerk Robert Vickers,Chairman
Code Enforcement Board 4 April 7,2011