10-06-2011 Regular Meeting v /
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday October 6th 2011
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
October 6, 2011, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Robert Vickers
JU Roll Call.
Present: Barry Asmus, Barry Perl, John Patnik, Manny Quiroga, Robert Vickers, Rod
Buenconsejo.
Absent/Excused: Robert Swan.
Also in attendance:
Jesus Suarez,Acting Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta,Officer,Code Enforcement
All witnesses were sworn in by the Acting Village Attorney, Mr. Suarez.
FIRST HEARING
No Property owners or representatives were present for First Hearing
Summary Adjudication for 1"Hearings:
Case#'s: 2-11-8177; 2-11-8179; 2-11-8181; 5-11-8525; 5-11-8527; 6-11-8706; 6-11-8711;
6-11-8723; 6-11-8741; 8-11-8823; 8-11-8843; 8-11-8877; 8-11-8923; 8-11-8964; 8-11-
8965; 8-11-8966; 9-11-8998; 9-11-8999
Chairman Vickers 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. 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 November 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
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 respective
daily amount specified in the staff recommendation for tonight hearing retroactive to the
original compliance deadline, also a $30.00 staff's administrative fee. Mr. Buenconsejo
seconded the motion. The vote was unanimous in favor of the motion 6-0.
Code Enforcement Board October 6,2011
PENALTY HEARINGS
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, testified the violations still existed on the property. The
homeowner was there to present his case. Following discussion by the board Mr. Quiroga
made a motion to continue the case to November 2, 2011 meeting. Mr. Perl seconded the
motion and the vote was in favor 4-2. Mr. Asmus and Mr. Vickers voted no.
Summary Adjudication:
Case#'s 3-11-8346; 5-11-8520; 5-11-8549; 5-11-8615; 6-11-8618; 6-11-8653; 7-11-8779;
7-11-8780; 8-11-8848; 8-11-8864
Chairman Vickers 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.
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. Perl seconded the motion and the vote was unanimous in favor
of the motion 6-0.
REQUEST FOR RELIEF
Case: 7-07-2384; 7-07-2386
Owner: Wilson & Judy Imbert
Address: 138 NW 108 St
Mr. Wilson Imbert was there to present the case. The board asked several questions and
after discussion, Mr. Miller proposed to pay $200.00 within 14 days. After further
discussion Mr. Perl moved to accept $400 within 30 days to release of the above property
only, Mr. Vickers seconded the motion. The vote was 4-2, in favor of the motion. Mr.
Asmus and Mr. Buenconsejo voted no.
Code Enforcement Board October 6,2011
Case: 2005-06450; 5-11-8612
Owner: Jennifer Bienstock
Address: 275 NE 102 St
Ms. Bienstock was there to present the case. The board asked several questions and after a
discussion, Mr. Bienstock proposed to pay $200.00 within 5 days. The offer failed for lack
of a motion.
Case: 11-10-7955
Owner: Charles Fadley
Address: 280 NE 91 St
Mr. Fadley was there to present the case. The board asked several questions and after a
discussion, Mr. Fadley proposed to pay $600.00 within 30 days. Mr. Perl moved to accept
the proposed amount for the release the above property only, Mr. Buenconsejo seconded
the motion. The vote was unanimous in favor of the motion 6-0.
Case: 6-09-5849
Owner: Tory & Kathryn Garcia
Address: 10504 NW 2 Ave
Matthew Muscarelle, Realtor with Power of Attorney was there to present the case on
behalf of the homeowners. The board asked several questions and after discussion, Mr.
Muscarelle proposed to pay $150 within 30 days. Mr. Perl moved to accept $300 in 30
days to release the above property only, Mr. Quiroga seconded the motion. The vote was
unanimous in favor of the motion 6-0.
Case: 9-10-7619
Owner: Alba Investments II LLC
Address: 269 NE 100 St
Mark Creisler, business owner was there to present the case. The board asked several
questions and after discussion, Mr. Creisler proposed to pay $1500.00 within 7 days. Mr.
Buenconsejo moved to accept the proposed amount for the above referenced property only,
Mr. Perl seconded the motion. The vote was in favor of the motion 4-2. Mr. Patnik and
Mr. Vickers voted no.
Case: 2-11-8129
Owner: Stephen & Faith Wilpon
Address: 901 NE 97 St
Mr. & Mrs. Wilpon were there to present the case. The board asked several questions and
after discussion, Mr. Asmus moved to release the lien on this property only for no fine, Mr.
Patnik seconded the motion. The vote was in favor of the motion 6-0.
Code Enforcement Board October 6,2011
Case: 2005-05917
Owner: Paul Mosheim
Address: 1098 NE 96 St
Paul Mosheim was there to present the case. The board asked several question and after
discussion, Mr. Mosheim proposed to pay$200 within 5 days. Mr. Patnik moved to accept
the proposed amount within 10 days, Mr. Vickers seconded. The vote was in denial of the
motion 2-4. Mr. Asmus, Mr. Perl, Mr. Quiroga& Mr. Buenconsejo voted no.
MINUTES
September 1St, 2011 minutes were approved unanimously.
NEXT MEETING
The next meeting will be on November 3`d, 2011.
ADJOURNMENT
October 6th, 2011 Code Board meeting was adjourned.
Anthony Flores,Code Enforcement Supervisor kobert Vickers,Chairman
Code Enforcement Board October 6,2011