05-04-2006 Regular Meeting•
MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
May 4, 2006
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday May 4 2006, at the Miami Shores Village Hall. The meeting was called to
order at 6:00 p.m. by Chairman Barry Perl.
PRESENT:
Barry Perl, Chairman
Barry Asmus
John Patnick
Robert Vickers
Rod Buenconsejo
Manny Quiroga
ALSO PRESENT: Anthony Flores, Code Enforcement Officer
Mike Orta, Code Enforcement Officer
Richard Sarafan, Village Attorney
ABSENT: John Busta
All persons testifying were sworn in at this time.
1. A) FIRST HEARING
Case: 2006-06838
Address: 166 NW 103 St.
Code Section: Bldg. 6-4/ Unauthorized Construction or Alteration
The officer, Mike Orta, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. Code Officer
Orta stated he approached the house on March 15, 2006 were the construction was taking
place. He (Orta) stated to the home owner that she needed permits for the work that was
in progress. Property owner, Jacqueline Small was present and represented by attorney
Carol Green. Atty. Green indicated she had difficulties with the notice violation and that
the notice denied her client due process. Atty. Green questioned Mr. Orta. Atty. Green
then questioned Ms. Small, who stated there had been no new work which required a
permit. Pictures were submitted by Atty. Green and Ms. Small. Following a discussion
by the Board, Mr. Buenconsejo mad a motion to continue the case to June 1, 2006. Mr.
Quiroga seconded. Motion failed. Mr. Asmus, Mr. Vickers and Mr. Quiroga voted no.
Mr. Quiroga moved for a finding a fact and a conclusion that a violation exists according
to Code Section 6-4 of the Miami Shores Village Code. The violation shall be corrected
Code Enforcement Board 1 05/04/06
•
•
by June 1, 2006 and shall allow an official from Miami Shores Village along with a
female representative from Miami Shores Village to enter the house for inspection. If the
violation is not brought into compliance by that time the code enforcement officer may
report back to the Board in such an event a fine is here by authorized to be automatically
assed against the violator in the amount of $100 a day or thereafter which will constitute
a lien on the property of the violator, with a $15 administrative fee to recoup village
expenses to date. Mr. Vickers seconded. Motion failed. Mr. Asmus, Mr. Vickers and
Mr. Perl voted no. Mr. Pert moved to table decision to June 1, 2006. Motion failed. Mr.
Quiroga moved to retry his original motion and altered the daily amount to $50 a day.
Mr. Vickers seconded. Motion passed 6-0.
Summary Adjudication:
Case's# 2005-06484, 2005-06605, 2005-06608, 2005-06611,2005-06612, 2005-06621,
2006-06652, 2006-06653, 2006-06654, 2006-06660, 2006-06697, 2006-06705, 2006-
06728, 2006-06741, 2006-06749, 2006-06756, 2006-06778, 2006-06847, 2006-06920,
2006-06923
Chairman Perl 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 existed 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 within the time period specified by the staff in the staff recommendations
for these hearings, 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 amounts specified in staffs 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 of the cases, 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. Mr. Buenconsejo
seconded the motion. Motion passed 6-0.
2. B) PENALTY HEARINGS
Summary Adjudication:
Mr. Perl read each case and corresponding address into record to verify whether or not
anyone was present to address the Board. As the individual property owners nor their
representatives were present for the hearing, Mr. Perl confirmed that all case files
Code Enforcement Board 2 05/04/06
•
contained appropriate affidavits attesting to the fact that the violations still exist
subsequent to the ordered compliance dates and that individuals have not contacted the
Code Enforcement Department.
Case's#:2005-06510, 2005-06533, 2005-06534, 2005-06535, 2005-06537, 2005-06560,
2005-06578, 2005-06617, 2005-06631, 2006-06648, 2006-06678, 2006-06679, 2006-
06680, 2006-06686, 2006-06687, 2006-06688, 2006-06690, 2006-06696.
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. Motion passed 6-0.
3. C) REQUEST FOR RELIEF
Case: 2004-05290 / 2000-05292
Owner: Didier Vansteenberg
Address: 54 NW 100 Terr.
The property owner, Didier Vansteenberg, was there to present his case. Mr.
Vansteenberg explained he was sold the house with a lien. The board suggested he go
after the title company or the previous owner. After further discussion from the board,
they questioned Mr. Vansteenberg. Mr. Vansteenbergue is offered to pay $1,500.00. Mr.
Asmus made a motion to deny the proposed offer. Mr. Buenconsejo seconded the
motion. Motion denied 5-1.
Case: 2005-06177
Owner: Woody Boigris
Address: 38 NW 109 St.
The property owner's attorney, Ravin Liberty is also a council for the title company, was
there to present the case. Mrs. Liberty explained the property was bought with an
unknown violation. She stated once the owner was aware of the violation he corrected the
problem and would like to close the fine. After further discussion from the board they
questioned Mrs. Liberty. Mrs. Liberty is offered to pay $1,140.00. Mr. Asmus motioned
to deny the proposed offer. Mr. Quiroga seconded the motion. Motion denied 5-1.
Case: 2005-05650 / 2005-05649 / 2005-05648
Owner: Vanie Victor
Address: 89 NW 109 St.
The property owner Vanie Victor was there to present the case. She admits to the
violation and accepts the fine. Mrs. Victor corrected the violations and requested relief.
After further discussion from the board they questioned Mrs. Victor. Mrs. Victor offered
Code Enforcement Board 3 05/04/06
• to pay $4,000.00. Mr. Buenconsejo motioned to approve the proposed offer. Mr. Vickers
seconded the motion. Motion passed 5-1
•
4.D) NEXT MEETING
The next meeting will be on June 1 2006.
5.E) ADJOURNMENT
Mr. Asmus made a motion for adjournment. Chairman Perl seconded the motion.
Motion passed 6-0. The May 4 2006, meeting of the Code Enforcement Board was
adjourned at 8:50P.M.
Mr. Barry Perl, Chairman
Anthony Flores, Recording Secretary
Code Enforcement Board 4
05/04/06