2024-04-4 Meeting MinutesCODE ENFORCEMENT BOARD MEETING MINUTES
APRIL 4, 2024 6:00 PM COUNCIL CHAMBERS
1) CALL TO ORDER
Mr. Patrick Huber called the meeting to order at 6:00 pm
2) ROLL CALL
Present:
Chairman Patrick Huber
Board member Robert Vickers
Board member Darci Cohen
Board member Barry Perl
Board member Jeff Hawn
Absent:
Board member Ryan Russell (Absent)
Also Present:
Marlon Hill, Attorney for the Code Board
Mike Orta, Neighborhood Services Manager
Everett Coll, Neighborhood Services Officer
Valeria Alladio, Clerk
Introductory Statement: Attorney Marlon Hill, provided introductory remarks and administered
oath to the residents present.
Chair Huber provided his opening statement.
3) FIRST HEARING — NOTICES OF VIOLATION
3.E. CASE(S) 02-24-59 — 8803 NE 4t" AVE RD. — Code Sec. 10-5
Officer Everett Coll stated the case details. Mr. Michael Dupa was present, agreed there was a
violation and provided details as to what happened to receive said violation. After hearing testimony
from Mr. Dupa, the Chair asked pertinent questions, followed by asking officer Coll what was the
staff's recommendation. Officer Coll referred back to the Board. Board member Vickers made some
remarks and after further questions and discussion, member Cohen made a motion.
Motion "With respect to case 02-24-59, 1 move for a finding of fact and conclusion of law that
exists a violation or violations of Code section 10-5 of Miami Shores Village Code. The
offending party shall correct all such violations within 15 days and shall immediately notify
the Code Enforcement Officer when the property is brought into compliance. If the violation
is not brought into compliance by that time, the Code Enforcement Officer may report back to
the Board and, in such event, a fine is hereby authorized to be automatically assessed against
the violator in the amount of $50.00 a day thereafter, which will constitute a lien on the property
of the violator. Further, costs are hereby assessed in order to recoup the Village's expenses
in prosecuting the violations to date."
Moved by Board member Cohen, Seconded by Board member Hawn. Motion was approved by
5-0 roll call vote.
Chair Huber offered clarification regarding the compliance date and the beginning of the penalty
period.
Code Sec. 5-21 was not heard.
3.K. CASE(S) 02-24-91 — 77 NW 109TH STREET - Code Sec. 501(19)
Officer Everett Coll stated the case details. Mr. Benton Guillaume, son of Joseph Guillaume, was
present to testify on behalf of his father. He agreed there was a violation and provided details as to
what happened to receive said violation. He also testified that the violation was cured and he was
present to notify the Staff and the Board. After hearing testimony from Mr. Guillaume, the Board made
some questions and remarks, and after no further discussion, a motion was made.
Motion "With respect to case 02-24-91, 1 move for a finding of fact and conclusion of law that
exists a violation or violations of Code section 501(19) of Miami Shores Village Code. The
offending party shall correct all such violations within 30 days and shall immediately notify
the Code Enforcement Officer when the property is brought into compliance. If the violation
is not brought into compliance by that time, the Code Enforcement Officer may report back to
the Board and, in such event, a fine is hereby authorized to be automatically assessed against
the violator in the amount of $50.00 a day thereafter, which will constitute a lien on the property
of the violator. Further, costs are hereby assessed in order to recoup the Village's expenses
in prosecuting the violations to date."
Moved by Board member Cohen, Seconded by Board member Vickers. Motion was approved
by 5-0 roll call vote.
Chair Huber advised Mr. Guillaume to contact the officer the day after to make official his compliance
and to request an inspection to confirm so. Also, Board member Perl advised Mr. Guillaume to make
sure he makes an effort to refrain from breaking the code again because doing so will be considered
a repeat offense and will result in a more severe penalty.
3.C. CASE(S) 01-24-32 — 9037 NE 4T" AVE. RD. - Code Sec. 6-4(a)
Officer Everett Coll stated the case details. Mr. Samuel Ettenberg was present to testify, he agreed a
violation existed and he provided details as to what happened to receive said violation. After hearing
testimony, the Board made some comments and asked questions to Mr. Ettenberg. Officer Orta
provided some clarification to the case. After no further discussion, the Chair asked Officer Coll what
the staff recommendation was. Officer Coll recommended $50.00 a day.
Motion was moved by Board member Vickers to accept Staff's recommendation if the property
is not brought into compliance, seconded by Board member Cohen. Motion was approved by
5-0 roll call vote.
FIRST HEARING — NOTICES OF VIOLATION — NONE PRESENT
Summary Adjudication: Case(s) 01-24-24; 02-24-64; 10-23-386 & 03-24-104.
The Chair asked if there was anyone present for any of these cases, there being none, a summary
adjudication was made for the above mentioned cases. Officer, Mike Orta, testified that affidavits of
Non -Compliance and evidence of the alleged violations, as well as proper notice provided to the
alleged violator, exist in each of these files. The Chair proceeded to entertain a motion for summary
adjudication.
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 the time period specified by Staff in the staff recommendations for these hearings 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 recommendations for tonight's hearing, retroactive to the original compliance deadline,
which will constitute a lien on the property of the violator. 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 Board member Cohen, Seconded by member Perl. Motion was approved by 5-0 roll
call vote.
CASE(S) 01-24-19; 01-24-539; 02-24-67; 12-23-519 & 01-24-21 have been continued.
CASE(S) 02-24-63; 02-24-74 & 02-24-88 have been closed.
4) PENALTY HEARING — ENFORCEMENT ORDERS — NONE PRESENT
Summary Adjudication: Case(s) 12-23-512 & 01-24-18.
The Chair asked if there was anyone present for any of these cases, there being none, a motion was
made. Officer Mike Orta, testified that affidavits of Non -Compliance and evidence of violation exist in
each of the files, and that, to date, no one has contacted Neighborhood Services to advise these
violations have been corrected.
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, that upon recording, the
Board's Order in this regard will constitute a lien on the property of the violator."
Moved by Board member Cohen, Seconded by Board member Perl. Motion was approved by
4-0 roll call vote.
5) REQUEST FOR RELIEF
There was no one present for request for relief.
6) MINUTES
6.A. Approval of the March 7, 2024 Code Enforcement Board minutes.
The Chair asked if there were any questions regarding the minutes, there being none, a
motion to accept was moved by member Hawn, seconded by member Vickers and passed
4-0.
7) DISCUSSION
Member Perl had a question for the Board regarding meeting procedures.
8) ADJOURNMENT
There being no further business, a motion made, seconded, and passed unanimously to adjourn
the meeting at 6:38 pm