11-02-2006 Regular Meeting•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday Nov. 2, 2006
The meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday Nov. 2, 2006, at the Miami Shores Village Hall. The meeting was called to
order at 6:00 p.m. by Chairman Robert Vickers.
PRESENT:
Robert Vickers, Chairman
Barry Asmus
John Patnik
John Busta
Barry Perl
Rod Buenconsejo
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Administrative Assistant.
ABSENT: Manny Quiroga
Mr. Sarafan swore in all those participating in the meeting.
APPROVAL OF MINUTES:
Mr. Patnik moved to accept minutes as they are Mr. Buenconsejo seconded the motion
and the vote was in favor of the motion. 4-2. Mr. Asmus and Mr. Perl both voted no.
FIRST HEARING
Case: 09-06-1111
Owner: Jefferson Geimer
Address: 65 NE 105 St.
Section 6-4 ; 518(a)(b)
Violations: Unauthorized Construction / Alteration ; Unpaved Parking Area
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. The owner,
Mr. Geimer was there to present his case. He stated he does agree with the violation, he
has asked the Board members for an extension. After answering questions from the
Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists
according to Section 6-4 and 518(a)(b) of the Miami Shores Village Code. The violator
shall correct the violation by Nov. 30, 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 whether 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 $30.00 per
Code Enforcement Board 1 Nov. 2, 2006
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.
Case: 9-06-1112
Owner: Juana Mendez
Address: 167 NW 103 St.
Section 537(a)(b)(c)(d)(e)(f) ; 521(b)1(d)
Violations: Maintenance Standards; Unpaved parking Area
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. The owner,
Mrs. Mendez was there to present her case. She stated she does agree with the violation,
he has asked the Board members for an extension. After answering questions from the
Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists
according to Section 537(a)(b)(c)(d)(e)(f) and 521(b)1(d) of the Miami Shores Village
Code. The violator shall correct the violation by Jan. 1, 2007 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 whether 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 $30.00
per violation were assessed to recoup the Village's expenses in prosecuting the violations
to date. Mr. Buenconsejo seconded the motion. The vote passed in favor of the motion 5-
1. Mr. Asmus voted no.
Summary Adjudication For 1St Hearings:
Case #'s: 2006-07215, 2006-07217, 2006-07310, 10-06-1217, 10-06-1245, 10-06-1248,
08-06-1032, 09-06-1066, 09-06-1100, 09-06-1103, 09-06-1104, 09-06-1110, 09-06-1111,
09-06-1112, 09-06-1137, 09-06-1151, 09-06-1154, 09-06-1166, 09-06-1185, 09-0-1187
Chairman Vickers 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. Busta 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
of $50.00 a day thereafter and also a $30.00 staff's administrative fee. Mr. Buenconsejo
seconded the motion. The motion passed unanimously 6-0.
Code Enforcement Board 2 Nov. 2, 2006
PENALTY HEARINGS
Summary Adjudication:
. Case's #: 08-06-1020, 08-06-1026, 08-06-1027, 09-06-1118
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Mr. Vickers 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. Perl seconded the motion and the vote was
unanimous in favor of the motion 6-0.
REQUEST FOR RELIEF
Case: 2006-06510
Owner: Catherine Castellon
Address: 456 NE 102 St.
The property owner, Ms. Castellon was there to present her case. Ms. Castellon stated she
agreed with the violation. The board asked Ms. Castellon several questions. After
discussion from the board Ms. Castellon proposed to pay $300.00 within 10 days. Mr.
Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote
was unanimous in favor of the motion 6-0.
Case: 2000-01540
Owner: Jean Moise
Address: 10804 NW 2 Ave.
Mr. Moise was there to present his case. Mr. Moise stated he does not agree with the
violations. The Board asked Mr. Moise several questions and after further discussion Mr.
Moise proposed to pay $225.00 in 30 days. Mr. Asmus made a motion to deny the
proposed offer and Mr. Perl seconded the motion. The vote was unanimous in favor of
the motion 6-0.
Case: 2006-06983
Owner: Thomas Stocks
Address: 26 NW 108 St.
The property owner, Mr. Stocks was there to present his case. He stated he agreed with
the violations. The Board questioned Mr. Stocks and Mr. Flores. After further discussion
from the board Mr. Stocks proposed to pay $415.00 in 5 days. Mr. Buenconsejo made a
Code Enforcement Board 3 Nov. 2, 2006
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motion to deny the proposed offer and Mr. Perl seconded the motion. The vote was in
favor of the motion 3-3. Mr. Asmus, Mr. Busta and Mr. Patnik voted no.
Case: 007246, 2005-05805
Owner: Keith Cross
Address: 189 NW 99 St.
The property owner, Mr. Cross was there to present his case. He introduced Mr. Jeff
Jones to speak on his behalf. Mr. Jones agreed with the violations. The Board questioned
Mr. Flores and Mr. Jones and after further discussion from the Board Mr. Jones proposed
to pay $10,000.00 within 35 days. Mr. Buenconsejo moved to accept the proposed offer
and Mr. Perl seconded the motion. The vote was in favor of the motion 5-1. Mr. Asmus
voted no.
Case: 2000-00087, 2005-06203, 2006-07105
Owner: Jonathan Bearson
Address: 63 NW 103 St.
The property owner's partner, Mr. Sopena was there to present the case on Mr. Bearson's
behalf Mr. Sopena agreed with the violations. The Board questioned Mr. Flores and Mr.
Sopena and after further discussion from the Board Mr. Sopena proposed to pay
$23,000.00 within 10 days. Mr. Busta moved to accept the proposed offer and Mr. Patnik
seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted no.
Case: 2003-04629, 2005-06608
Owner: Virginia Gaskin
Address: 154 W 111 St.
The property owner, Ms. Gaskin was there to present her case. Ms. Gaskin agreed with
the violations. The Board questioned Ms. Gaskin and after further discussion from the
Board Ms. Gaskin proposed to pay $4,000.00 within 30 days. Mr. Buenconsejo moved to
accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of
the motion 4-2. Mr. Perl and Mr. Asmus both voted no.
Case: 2005-06185
Owner: Sergio Perez
Address: 6 NE 107 St.
The property owner, Mr. Perez was there to present his case. The Board questioned Mr.
Flores and Mr. Perez and after further discussion from the Board Mr. Perez proposed to
pay $250.00 within 5 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik
seconded the motion. The vote was unanimous in favor of the motion 6-0.
Case: 2005-06484
Owner: Juan Piedrahita
Address: 9525 NW 1 Ct.
The property owner, Mr. Piedrahita was there to present his case. Mr. Piedrahita agreed
with the violations. The Board questioned Mr. Piedrahita and after further discussion
from the Board Mr. Piedrahita proposed to pay $700.00 within 10 days. Mr. Asmus
Code Enforcement Board 4 Nov. 2, 2006
moved to deny the proposed offer and Mr. Perl seconded the motion. The vote was
unanimous in favor of the motion 6-0.
• DISCUSSION
The Board discussed the process for adjustments and corrections concerning the financial
status on cases.
NEXT MEETING
The next meeting will be on Feb. 1, 2007
ADJOURNMENT
Mr. Asmus made a motion for adjournment and the motion passed 7-0.
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Valerie Bierley, Clerk Barry Perl, Chairman
Code Enforcement Board 5 Nov. 2, 2006