07-06-2006 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday July 6, 2006
The meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday July 6, 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
John Patrick
Barry Asmus
Manny Quiroga
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Administrative Assistant.
ABSENT: John Busta
Rod Buenconsejo
Robert Vickers
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case: 2006-06993
Owner: Jose & Maria Castro
Address: 857 NE 98 St.
Section 12-128
Violations: Weather/Water tight structures
The officer, Michael Orta, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. The Code
officer stated the damaged portion of the roof has not been repaired. The owner, Mr.
Castro was there to present his case. He stated he does agree with the violation. Mr.
Castro explained his trouble with finding a roofer and answered questions from the
Board. 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 12-128 of the Miami Shores
Village Code. The violator shall obtain a permit by Sept. 6, 2006 and immediately notify
the Code Enforcement Officer. If the violator has not obtained the permit by the specified
time, the Code Enforcement Officers is to use at his discretion weather 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 $15.00
per violation were assessed to recoup the Village's expenses in prosecuting the violations
to date. Mr. Asmus seconded the motion. The Motion passed unanimously 4-0.
Code Enforcement Board 1 July 6, 2006
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Summary Adjudication For 1St Hearings:
Case #'s: 2006-06760 2006-06828 2006-06829 2006-06830 2006-06865 2006-06882
2006-07005 2006-07006 2006-07028 2006-07029 2006-07030 2006-07048 2006-07050
2006-07094 2006-07095 2006-07096 2006-07105 2006-07149
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 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 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. Asmus
seconded the motion. The motion passed unanimously 4-0.
PENALTY HEARINGS
Case: 2006-06800
Owner: Calvin & Lorna Harris
Address: 15 NE 104 St.
The officer, Anthony Flores, testified that violations still existed on the property.
Pictures were submitted to the Board as evidence of the violation. The owner, Lorna
Harris, was there to present her case. Mrs. Harris requested additional time for
compliance. She explained that she had applied for the necessary permit and she secured
a repair company to replace the door. The Board questioned Mrs. Harris and after a brief
discussion, Mr. Quiroga made a motion to continue the case until Aug. 3, 2006 Mr.
Patnick seconded the motion. The motion passed unanimously 4-0.
Code Enforcement Board 2 July 6, 2006
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Summary Adiudication:
Case's #: 2005-06635 2006-06872 2006-06906 2006-06908 2006-06911 2006-06920
2006-06942 2006-06943 2006-06944 2006-06948 2006-06949 2006-06961 2006-06966
2006-06983 2006-06998
Mr. Perl read each case and corresponding address into the record to verify whether or
not anyone was present to address the Board. 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. Asmus 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. Quiroga seconded the motion and the vote was unanimous
in favor of the motion 4-0.
REQUEST FOR RELIEF
Case: 2005-06617
Owner: Bernice Washington
Address: 1 NW 110 St
Jeffery Jones, a relative of the owner, Bernice Washington was there to present the case.
Mr. Jones explained the situation with the tenants currently living in the house and the
difficulties with finding a contractor to fix the gate. Mr. Jones is proposing to pay
$1,000.00 in 10 days. Mr. Patnick made a motion to accept the proposed offer and Mr.
Quiroga seconded the motion. The vote was unanimous in favor of the motion 4-0.
Case:2000-01830
Owner: Donna & Keith Gayle
Address: 901 NE 91 Terr.
The property owner, Keith Gayle, was there to present his case. Mr. Gayle stated he
complied but the liens continued accruing. He explained the difficulties he encountered
with the tenants and after the Board questioned him Mr. Gayle proposed to pay $500.00
in 15 days. Mr. Quiroga made a motion to deny the proposed offer and Mr. Patnick
seconded the motion. The vote was unanimous in favor of the motion 4-0.
Code Enforcement Board 3 July 6, 2006
• Case: 2005-06647
Owner: Mathieu Desir
Address: 104 NW 102 St.
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The property owner, Mathieu Desir, was there to present his case. Mr. Desir explained his
traveling situation and the situation with his family affairs. He stated he did not receive
any violation notices until they were past the correction date. The Board questioned
Officer Orta and Mr. Desir concerning the sealed door. After a discussion by the Board,
Mr. Desir proposed to pay $300.00 in 10 days. Mr. Patnick moved to deny the proposed
offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the
motion 4-0.
Case: 2004-05290
Owner: Didier Vansteenberghe
Address: 54 NW 100 Terr.
The property owner, Didier Vansteenberghe, was there to present his case. Mr.
Vansteenberghe explained he was sold the house with a lien and attempted to go after the
title company as suggested by the board. The title company declined coverage because
the lien went into effect three months after the purchase and no code violations were
recorded at time of sale. After further discussion Mr. Vansteenberghe is proposing to pay
$2,400.00 in 10 days. Mr. Patnick made a motion to accept the proposed offer and Mr.
Quiroga seconded the motion. The vote was tied 2-2, Mr. Asmus and Mr. Perl both voted
no. The motion was denied.
Case: 2004-05009
Owner: Pedro Rojas
Address: 249 NW 92 St.
The property owner, Pedro Rojas was not there to present his case. Mr. Quiroga moved to
deny proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in
favor of the motion 4-0.
NEXT MEETING
The next meeting will be on Aug. 3, 2006
ADJOURNMENT
Mr. Perl made a motion for adjournment. Motion passed 4-0.
Valerie Bierley, Clerk Barry Perl, Chairman
Code Enforcement Board 4 July 6, 2006