08-03-2006 Regular Meeting•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday Aug 3, 2006
The meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday Aug 3, 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
Manny Quiroga
Rod Buenconsejo
ALSO PRESENT: Greg Garno, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Administrative Assistant.
ABSENT: John Busta
Richard Sarafan, Village Attorney
Mr. swore in all those participating in the meeting.
FIRST HEARING
Case: 2006-07178
Owner: Peter Mollers
Address: 9025 NE 4 Ave.
Section 12-82
Violations: Nondwelling structures and fences
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 home owner has a torn screen enclosure which still exists. The owner,
Mr. Finnie was there to present his case. He stated he does agree with the violation. Mr.
Finnie explained his trouble with finding a repairman 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 correct the violation by Sept. 3, 2006 and immediately
notify the Code Enforcement Officer. If the violator has not corrected the violation by the
specified time, the Code Enforcement Officer 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. Buenconsejo seconded the motion. The Motion passed
unanimously 6-0.
Code Enforcement Board 1 Aug 3, 2006
Summary Adjudication For 1St Hearings:
Case #'s: 2005-06103, 2006-06939, 2006-06958, 2006-06999, 2006-07027, 2006-07039,
2006-07063, 2006-07114, 2006-07115, 2006-07116, 2006-07135, 2006-07146, 2006-
07165, 2006-07175, 2006-07177, 2006-07204, 2006-07225
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. Vickers 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. The motion passed unanimously 6-0.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 2005-06135, 2006-06741, 2006-06800, 2006-06828, 2006-06830, 2006-06865,
2006-06882, 2006-06968, 2006-07005, 2006-07006, 2006-07009, 2006-07029, 2006-
07030, 2006-07048, 2006-07094, 2006-07095, 2006-07105, 2006-07149
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. Buenconsejo 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 6-0.
Code Enforcement Board 2 Aug 3, 2006
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REQUEST FOR RELIEF
Case: 2004-05030
Owner: Paul Imbrone
Address: 56 NW 93 St.
The property owner, Paul Imbrone was there to present his case. Mr. Imbrone stated the
violation had been corrected before the compliance date. The board questioned Mr.
Flores, and Mr. Imbrone. After discussion from the board Mr. Imbrone proposed to pay
$15.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Perl
seconded the motion. The vote was tied 3-3. The motion was denied. Mr. Asmus, Mr.
Vickers and Mr. Quiroga voted no.
Case: 2005-06578
Owner: Lionel Casey
Address: 10610 NE 11 Ave.
The property owner, Lionel Casey was there to present his case. Mr. Casey stated he was
not aware he needed a permit. After discussion from the board Mr. Casey proposed to
pay the amount of $15.00. Mr. Asmus moved to deny proposed offer and Mr. Patnik
seconded the motion. The vote was unanimous in favor of the motion 6-0.
Case: 2004-05294, 2004-05295, 2004-05296
Owner: Claudio Rodriguez
Address: 335 NE 101 St.
The property owner, Claudio Rodriguez was there to present his case. Mr. Rodriguez
stated he thought once he pulled the permit he would automatically be in compliance.
After further discussion from the board Mr. Rodriguez proposed to pay $1,500.00 within
7 days. Mr. Buenconsejo moved to accept proposed offer and Mr. Patnik seconded the
motion. The vote was in favor of motion 4-2. Both Mr. Asmus and Mr. Quiroga voted no.
Case: 2005-06533, 2005-06534, 2005-06535, 2005-06537
Owner: Andre Dormus
Address: 101 NW 106 St.
The property owner, Andre Dormus and his son Leslie Dormus and daughter, Andrea
Gauthier were there to present his case. Mr. Dormus stated the violations were corrected
by the deadline. After further discussion Mr. Dormus is proposing to pay $1,000.00 in 7
days. Mr. Vickers made a motion to deny the proposed offer and Mr. Asmus seconded
the motion. The vote was unanimous in favor of the motion 6-0.
Code Enforcement Board 3 Aug 3, 2006
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Case: 2005-06647
Owner: Mathieu Desir
Address: 104 NW 102 St.
The property owner, Mathieu Desir, was there to present his case. Mr. Desir stated he
previously came before the board in which he was denied, and he explained his limited
financial situation. After a discussion by the Board, Mr. Desir proposed to pay $500.00
within 30 days. Mr. Quiroga moved to accept the proposed offer and Mr. Buenconsejo
seconded the motion. The vote was in favor of the motion 4-2. Mr. Asmus and Mr. Patnik
both voted no. The motion was accepted.
Case: 003496, 004874, 005298, 005301, 006008, 006009, 00727, 008136, 008137, 2000-
02031, 2000-01757
Owner: Andre Homere & Marie Louis
Address: 29 NW 110 St.
The property owner, Marie Louis, her brother Alex Louis and their attorney, Mark Trop
was there to present the case. Mr. Trop stated his clients agree with the violations and
after explaining their financial difficulties as well as poor home ownership, they are
looking for relief After the Board asked Mr. Trop and the property owner a few
questions, the property owner proposed to pay $7,000.00 in 5 days. Mr. Asmus made a
motion to deny the proposed offer and Mr. Patnik seconded the motion. The vote was
unanimous in favor of the motion 6-0.
Case:2005-06205
Owner: Taina Rosado
Address: 89 NW 110 St.
The Property Owner was not there to present her case. Mr. Quiroga moved to deny
proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of
the motion. 6-0
NEXT MEETING
The next meeting will be on Sept. 7, 2006
ADJOURNMENT
Mr. Asmus made a motion for adjournment and Mr. Perl seconded the motion. Motion
passed 6-0.
Valerie Bierley, Clerk Barry Perl, Chairman
Code Enforcement Board 4 Aug 3, 2006