10-05-2006 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES
Thursday Oct. 5, 2006
The meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday Oct. 5, 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 arrived
John Patnick
John Busta
Robert Vickers
Manny Quiroga
Rod Buenconsejo
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Administrative Assistant.
Mr. Sarafan swore in all those participating in the meeting.
APPROVAL OF MINUTES:
Mr. Quiroga moved to accept minutes as they are Mr. Buenconsejo seconded the motion
and the vote was unanimous in favor of the motion. 7-0.
FIRST HEARING
Summary Adjudication For 1st Hearings:
Case #'s: 2006-07151, 2006-07245, 2006-07253, 9-06-1118, 8-06-1027, 8-06-1026, 8-
06-1025, 8-06-1020, 8-06-1018
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 amount
Code Enforcement Board 1 Sept. 7, 2006
of $50.00 a day thereafter and also a $30.00 staff's administrative fee. Mr. Buenconsejo
seconded the motion. The motion passed unanimously 7-0.
• PENALTY HEARINGS
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•
Summary Adiudication:
Case's #: 2006-06860, 2006-06861, 2006-06928, 2006-07282, 2006-07320, 2006-07349,
2006-07362, 2006-07365.
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. 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 and the vote was
unanimous in favor of the motion 7-0.
REQUEST FOR RELIEF
Case: 2006-06882
Owner: Elinor Martin
Address: 70 NE 92 St.
The property owner, Mrs. Martin was there to present her case. Mrs. Martin stated she
agreed with the violation but misunderstood when she needed to call Mike. The board
questioned Mr. Orta, and Mrs. Martin. After discussion from the board Mrs. Martin
proposed to pay $50.00 within 10 days. Mr. Quiroga moved to accept the proposed offer
and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1. Mr.
Asmus voted no.
Case: 4797, 4798, 4800
Owner: Lawrence Dion
Address: 8700 Biscayne Blvd.
Hue Howell, was there to present Mr. Dion's case. Mr. Howell stated property had been
sold from Mr. Dion and agreed with the violations. The Board asked Mr. Howell several
questions and after further discussion Mr. Howell proposed to pay $7,500.00 in 10 days.
Mr. Asmus made a motion to deny the proposed offer and Mr. Quiroga seconded the
motion. The vote was in favor of the motion 6-1, Mr. Vickers said no.
Code Enforcement Board 2 Sept. 7, 2006
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•
Case: 2005-06205
Owner: Taina Rosado
Address: 89 NW 110 St.
The property owners, family member, Myra Armis was there to present the case for Ms.
Rosado. Ms. Armis stated she was here last month and her offer was denied. She would
like to put this mess behind her and proposed to pay $6,000.00 in 30 days. After the
Board questioned Ms. Armis, Mr. Quiroga made a motion to accept the proposed offer
and Mr. Patnik seconded the motion. The vote was in favor of the motion 6-1, Mr. Asmus
voted no.
Case: 2006-07094
Owner: Gina Barroso & Kelly Mitchell
Address: 175 NW 109 St.
The property owners, Ms. Barroso and Ms. Mitchell were there to present their case. Ms.
Mitchell and Ms. Barroso disagreed with the violations. They stated they corrected the
violations within the proper time frame but were robbed the day of inspection. They
thought everything was ok because of the circumstances. The Board questioned Mr.
Flores and the homeowners and after further discussion from the Board Ms. Mitchell
proposed to pay $235.00 within 10 days. Mr. Buenconsejo moved to accept the proposed
offer and Mr. Patnick seconded the motion. The vote was unanimous in favor of the
motion 7-0.
DISCUSSION
The Board discussed how to handle late arrivals within each phase of the meetings. Mr.
Quiroga motioned to hear the case for relief for request in the order they arrive. Mr. Busta
seconded the motion and the vote was unanimous in favor of the motion7-0. Mr. Peri
moved to not hear any request for relief who has not shown and Mr. Patnik seconded the
motion. The vote was unanimous in favor of the motion 7-0. The Board addressed each
other's behaviors concerning outbursts and tempers. The discussion ended with the Board
voting on Mr. Vickers becoming chairman.
NEXT MEETING
The next meeting will be on Nov. 2, 2006
ADJOURNMENT
Mr. Busta made a motion for adjournment and Mr. Patnik seconded the motion. Motion
passed 7-0.
Valerie Bierley, Clerk Barry Perl, Chairman
Code Enforcement Board 3 Sept. 7, 2006