CODE ENFORCEMENT BOARD MEETING 11-1-20181
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, November 1, 2018
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 1,
2018, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman,
Robert Smith.
Roll Call .
Present: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Rod Buenconsejo, Ms. Gladys Coia,
Chairman Robert Smith.
Absent: Mr. Ronnie Guillen.
Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth, the
whole truth and nothing but the truth.
In Attendance
Richard Sarafan, Village Attorney
Lazaro Remond, Code Compliance Director
Michael Orta, Code Compliance Officer
Mariana Gracia, Code Enforcement Clerk
FIRST HEARING
Case # 4-18-17675
Pedro Peralta on behalf of Mariana Peralta
250 NE 105 Street
Mr. Peralta on behalf of Mariana Pearalta. Mr. Peralta would like to request 60 days to comply.
The Board asked questions.
Motion by Mr. Huber for 60 days continuance, seconded by Ms. Coia and the vote passed 5-0
Summary Adjudication for 1st Hearings: Case(s): 7-18-18181; 8-18-18331; 8-18-18334; 8-18-18337;
9-18-18384; 019479-2018.
The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists
in each of the files.
Motion: I move for 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 such case, the offending party shall correct the violation within time
period specified and 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 period, the Code Enforcement Officer may report this fact 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 amounts specified in staff’s
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recommendations for tonight’s hearing, retroactive to the original compliance deadline. Further,
with respect to each such case, costs in the amounts specified in Staff’s recommendations for
tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the
violations to date.”
Moved by Mr. Patrick Huber, seconded by Ms. Gladys Coia
Vote: Motion was approved 5-0
Mr. Robert Vickers, Mr. Patrick Huber, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Robert
Smith.
The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists
in each of the files.
Case #019479-2018
Francisco Gaviria
10635 NE 10th Ct.
Mr. Gaviria was not present or no one on behalf of the violator. The violation is for Code Sec.: 5-25
Leash or other Control of Dogs Required and Code Sec.: 2-79 Enforcement procedures.
The following Witnesses were present to testify:
1. Ms. Marylou Maguire - She testified she lives near and attested to being afraid of the dogs.
There have been police reports. Ms. Maguire is very afraid of the dogs and have taken
precautions to protect themselves.
The Board asked questions.
Officer Lazaro Remond explains what he would like the Board to resolve tonight. He explained
what the code section means. He would like to have it adjudicated as a first offense. There is a
final on building a fence to address the dogs coming out.
Mr. Sarafan, The issue is dogs are off the leash running wild is the violation.
2. Janet Goodman - of 1174 NE 105 Street – She is a dog trainer that has knowledge of the dogs
running wild. She posed a question as to what the neighbors need to do. She is aware of the
issue via media postings.
Officer Lazaro Remond gave instructions as to who to call and what to do if the dogs are running
at large.
3. Robert Alexander – 10619 NE 10th Court – Is a neighbor and testified that this has been going on
for some time. He has a dog and has to protect his dog from Mr. Gaviria’s dogs running at large.
It his opinion that Mr. Gaviria has no concern about the issue.
4. Bret Firestone – 10651 NE 1 Court – He lives close by and has seen the dogs. He has assisted in
letting the dogs back in their property. He share the same concern as his neighbors. He thinks
this is a nuisance. He is here to support of his neighbors and to express his concern.
5. George Mello – 1070 NE 105 – Is here to bare witness and in support of his neighbors. He
testified that the dogs have been running loose.
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The Board asked if there are any pictures of these dogs running loose. Staff testified that yes
there are pictures.
Staff is recommending the existing of the violation and if it re occurs then is a repeat offense and
can be placed on the next agenda.
Motion for summary adjudication for case #019479-2018 for finding in fact in conclusion of
law that an irreparable violation exists and that the violation it’s been cured and a fine is
hereby assessed for $250.00 further with respect to this case a cost for 30.00 for the village’s
expense to prosecuting the violation to date. Motion made by Mr. Huber, seconded by Ms.
Coia and the Motion passed 5-0.
PENALTY HEARING
Case # 8-18-18258
Miami Shores Villas LLC
1280 NE 105 ST
Mr. Cori Rider was present and testified. He would like to ask for an extension to complete the job.
Officer Lazaro Remond testified that the violator has been in contact with the Building Official and he is
going to apply for the permits. He recommends 4 months extension.
The Board asked questions.
Motion to give an extension of 120 days made by Mr. Huber, seconded by Mr. Buenconsejo and the
vote passed 5-0
Summary Adjudication for Penalty Hearings: Case #’s: 3-18-17547; 8-18-18341; 8-18-18347; 3-18-
17466; 4-18-17576.
The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists
in each of the files.
Motion: I move that, in each case currently remaining on the penalty docket for tonight’s hearing,
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 from the day the violation was to
have been corrected, that upon recording, the Board’s Order in this regard will constitute a lien on
the property of the violator.
Moved by Mr. Rod Buenconsejo, seconded by Mr. Patrick Huber
Motion carries 5-0
REQUEST FOR RELIEF
4
749 Grand Concourse
No Show for Request for Relief
MINUTES
Minutes for October 4, 2018
Motion to approve the October 4, 2018 minutes; Made by Mr. Patrick Huber, seconded by Mr. Rod
Buenconsejo, and the Motion passed 5-0.
DISCUSSION:
1- Resolution of the Miami Shores Village Code Enforcement Board Authorizing the Village
Attorney to Foreclose on Code Enforcement Liens. Mr. Sarafan proposed the Resolution and
gave a brief presentation.
The Board asked questions. Mr. Sarafan explained what the result of a foreclosure means. The reason for
this resolution is due to that there are pending litigations that need this Resolution. Mr. Sarafan gave a
brief explanation of the pending litigations.
The Board asked questions. The Board requested a report from Council regarding these foreclosures.
Motion by Mr. Rod Buenconsejo, seconded by Mr. Patrick Huber and the vote passed 5-0.
2- Lazaro Remond discussed the Administrative fee with the Board.
NEXT MEETING
The next meeting will be on December 6, 2018
ADJOURNMENT
November 1, 2018 Code Board meeting adjourned.
________________________________ _____________________________
Lazaro Remond, Code Compliance Director Robert Smith, Chairman