09-01-2011 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday September 1" 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
September 1st, 2011, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Robert Vickers
PRESENT: Barry Perl,Vice Chairman
Manny Quiroga
John Patnik
Barry Asmus
Robert Swan
Rod Buenconsejo
ALSO PRESENT: Richard Sarafan,Village Attorney
Anthony Flores, Code Enforcement Officer
Mike Orta, Code Enforcement Officer
ABSENT: Robert Vickers,Chairman
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case: 7-11-8800
Owner: Santiago Gatto
Address: 150 NW 99 St.
Section: 6-4
Violations: Failure to obtain permit
The officer, Mike Orta, explained the nature of the violation and testified that the violation
exists on the property. Mr. Gatto was there to present the case. Following discussion by the
Board, Mr. Quiroga moved to continue the case to December 1, 2011. Mr. Buenconsejo
seconded the motion. The vote was in favor of the motion 5-1; Mr. Asmus voting no.
Case: 8-11-8896
Owner: Timothy&David Snow
Address: 12 NE 101 St.
Section: 6-4(a); 6-1
Violations: Unauthorized construction/Expired permits; Adoption of technical code
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mr. David Snow was there to present the case. Following
discussion by the Board, Mr. Quiroga moved to table the case to October 5, 2011. Mr.
Buenconsejo seconded the motion. The vote was in favor of the motion 5-1; Mr. Asmus
voting no.
Code Enforcement Board 1 September 1,2011
Case: 8-11-8893
Owner: Maria Grosso
Address: 130 NE 98 St.
Section: 6-1; 6-4(a)
Violations: Adoption of technical code (Florida Bldg. Code); Unauthorized Construction/
Expired permit(s)
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mr. Julio Martinez 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 exists according to Section(s)6-1; 6-4 of the Miami Shores Village Code.
The violator shall correct the violation by November 2, 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 in favor of the motion 5-1; Mr. Asmus
voting no.
Case: 6-11-8651
Owner: Silvio &Allan Orozco
Address: 122 NW 110 St.
Section: 20-17; 520(i); 537 (a)(3)(4)
Violations: Failure to Maintain Parkway
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation exists on the property. Mr. Orozco was 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)20-17; 520(i); 537 (a)(3)(4) of the Miami Shores
Village Code. The violator shall correct the violation by October 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 $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 in favor of the motion 5-
1; Mr. Perl voting no. Mr. Orozco refuses to sign the notice of disposition.
Case: 8-11-8878
Owner: Rudy& Rika Irwanto
Address: 9302 NW 2 PI
Section: 20-1 (b) (g)
Violations: Obstructing Sidewalk
Code Enforcement Board 2 September 1,2011
The officer, Mike Orta, explained that although the violation was cured he was seeking a
repeat order against the violator. Mr. Quiroga moved for a finding of fact and a
conclusion of law that a violation did exist according to Section(s) 20-1(b) (g) of the Miami
Shores Village Code. Any subsequent violations of that same section of the village code by
this defendant(s) shall be treated as a repeat violation in accordance with provisions of the
village code sections 2-76 thru 2-85, 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 6-0
Summary Adjudication for lst Hearings:
Case#'s: 5-11-8520; 5-11-8550; 6-11-8618; 6-11-8645; 7-11-8779; 7-11-8780; 7-11-8782;
8-11-8814; 8-11-8830; 8-11-8848; 8-11-8852; 8-11-8864; 8-11-8892
Vice Chairman Perl stated that no one has showed or check in for the remaining cases and
asked if anyone else was present for the 1St hearing. 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 October 5, 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. Buenconsejo
seconded the motion. The vote was unanimous in favor of the motion 6-0.
PENALTY HEARINGS
Summary Adjudication:
Case#'s 1-11-8071; 3-11-8306;.4-11-8442; 4-11-8442; 4-11-8448; 4-11-8467; 5-11-8551;
5-11-8552; 5-11-8590; 5-11-8591; 5-11-8592; 6-11-8621; 6-11-8679; 7-11-8777; 7-11-
8778
Vice Chairman Perl stated that no one has showed or check in for the remaining cases and
asked if anyone else was present for the penalty hearing. 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.
Code Enforcement Board 3 September 1,2011
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 6-0.
REQUEST FOR RELIEF
Case: 5-10-7129
Owner: Silvio Orozco
Address: 142 NW 100 St
Mr. Eddie Miller was there to present the case. The board asked several questions and after
discussion, Mr. Miller proposed to pay $4000.00 within 90 days. Mr Buenconsejo moved
to accept the proposed amount for release of the above property only, Mr. Asmus seconded
the motion. The vote was unanimous in favor of the motion.
Case: 2-11-8119
Owner: Lazaro Alvarez
Address: 372 NE 98 St.
Mr. Alvarez was there to present the case. The board asked several questions and after a
discussion, Mr. Alvarez proposed to pay $800.00 within 30 days. Mr. Quiroga moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Patnik seconded the motion. The vote was unanimous in favor of the motion.
Case: 2-09-5385; 2-09-5402; 1-10-6605; 1-10-6606
Owner: Jenner Philizaire
Address: 10904 NW 2 Ave
Mrs. Philizaire 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 amount proposed
failed due to the lack of a motion.
MINUTES
July 7th 2011 and August 4th 2011 minutes were approved unanimously.
NEXT MEETING
The next meeting will be on October 6th, 2011.
ADJOURNMENT
September 1St, 201 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
Code Enforcement Board 4 September 1,2011