02-01-2007 Regular Meeting•
•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday Feb. 1, 2007
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
Manny Quiroga
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:
The Clerk withdrew the minutes for corrections.
FIRST HEARING
Case: 9-06-1204
Owner: Alix Louis
Address: 161 NW 108 St.
Section 12-82
Violations: Nondwelling structures and fences
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. Louis was there to present his case. He stated he does agree with the violation.
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 12-82 of the Miami Shores
Village Code. The violator shall correct the violation by Feb. 16, 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 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 $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the
violations to date. Mr. Patnik seconded the motion. The vote was unanimous in favor of
the motion 7-0.
Code Enforcement Board 1 Feb. 1, 2007
Case: 9-06-1205
Owner: Alix Louis
Address: 161 NW 108 St.
Section 520(h)(i)
Violations: Deteriorated 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. Louis was there to present his case. He stated he does agree with the violation. Mr.
Louis explained his trouble with finding a contractor 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 520(h)(i) of the Miami
Shores Village Code. The violator shall correct the violation by March 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
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
$100.00 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 was unanimous in favor of the motion 7-0.
Summary Adjudication For 1 Hearings:
Case #'s: 2006-07228, 2006-07355, 2006-07356, 2006-07376, 2006-07382, 10-06-1262,
10-06-1263, 10-06-1264, 10-06-1265, 10-06-1281, 10-06-1283, 01-07-1485, 1/07/1486,
• 11-06-1328, 11-06-1343, 11-06-1344, 11-06-1345, 11-06-1348, 11-06-1353, 11-06-1363,
11-06-1370, 11-06-1375, 11-06-1399, 11-06-1400, 11-06-1403, 11-06-1406, 12-06-1428,
12-06-1433, 12-06-1436, 12-06-1438, 12-06-1440, 12-06-1441, 12-06-1446, 12-06-1447,
12-06-1449, 12-06-1453, 12-06-1458, 9-06-1126, 9-06-1127, 9-06-1167, 9-06-1175
Mr. 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. 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
of $50.00 a day thereafter and also a $30.00 staff's administrative fee. Mr. Perl seconded
the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 2 Feb. 1, 2007
PENALTY HEARINGS
Summary Adjudication:
Case's #: 2006-07256, 2006-07318, 10-06-1247, 10-06-1251, 10-06-1282, 10-06-1289,
10-06-1290, 11-06-1355, 9-06-1058, 9-06-1152
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. Busta 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: 2003-04053, 2004-05279, 2004-05280, 2004-05281
Owner: Denise Ghariani
Address: 440 NE 105 St.
•
The property owner, Ms. Ghariani and her lawyer Mr. Aresti were there to present her
case. The board asked several questions and after a discussion, Ms. Ghariani proposed to
pay $25,000.00 within 60 days. Mr. Perl moved to deny the proposed offer and Mr.
Patnik seconded the motion. The vote was in favor of the motion 5-2. Mr. Vickers and
Mr. Buenconsejo voted no.
Case: 3496, 4874, 5298, 5301, 6008, 6009, 7727, 8136, 8137, 2000-02031, 2000-01757
Owner: Andre Homere & Marie Louis
Address: 29 NW 110 St.
Alix Louis, Ms. Louis' brother was there to present her case. The Board asked Mr. Louis
several questions and after further discussion Mr. Louis proposed to pay $17,000.00 in 90
days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion.
The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 3 Feb. 1, 2007
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Case: 2005-06533, 2005-06534, 2005-06535, 2005-06537, 2006-06648
Owner: Andre & Suze Dormus
Address: 101 NW 106 St.
The property owner, Mr. Dormus was there to present his case. The Board questioned
Mr. Dormus and Mr. Flores. After further discussion from the board Mr. Dormus
proposed to pay $6,000.00 in 90 days. Mr. Asmus moved to deny the proposed offer and
Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.
Case: 8994, 2005-06476, 2005-06477, 2005-06478, 2005-06479, 2005-06481
Owner: Robert Laney
Address: 9259 N. Bayshore Dr.
Mr. Balamo, Mr. Laney's neighbor was there to present his case. The Board questioned
Mr. Balamo and after further discussion Mr. Balamo proposed to pay $22,347.00 within
5 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the
motion. The vote was in favor of the motion 5-2. Mr. Vickers and Mr. Perl voted no.
NEXT MEETING
The next meeting will be on March 1, 2007
ADJOURNMENT
Mr. Perl made a motion for adjournment Mr. Asmus seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 4 Feb. 1, 2007