03-01-2007 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES
Thursday March. 1, 2007
The meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday March 1, 2007, at the Miami Shores Village Hall. The meeting was called to
order at 6:00 p.m. by Vice Chairman Barry Peri
PRESENT:
Robert Vickers
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, Clerk
Mr. Sarafan swore in all those participating in the meeting.
APPROVAL OF MINUTES:
Minutes moved to end of meeting.
• FIRST HEARING
Summary Adjudication For 1st Hearings:
•
Case #'s: 1-07-1473, 1-07-1481, 1-07-1502, 1-07-1504, 1-07-1514, 1-07-1558, 11-06-
1330, 11-06-1331, 11-06-1340, 2-07-1589, *2-07-1604, *2-07-1606, 8-06-1052, 9-06-
1079.
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. Buenconsejo
seconded the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 1 April 5, 2007
PENALTY HEARINGS
Summary Adjudication:
• Case's #: 10-06-1262, 10-06-1263, 10-06-1264, 10-06-1265, 10-06-1281, 10-06-1283, 1-
07-1486, 11-06-1328, 11-06-1400, 11-06-1403, 11-06-1406, 12-06-14028, 12-06-1441,
12-06-1441, 12-06-01446, 12-06-1449, 09-06-1126, 09-06-1127, 09-06-1175
•
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. Perl 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 7-0.
REQUEST FOR RELIEF
Case: 2005-05804, 2005-05809
Owner: David Marrero
Address: 142 NW 99 ST.
The property owners, Mr. & Mrs. Marrero were there to present their case. The board
asked several questions and after a discussion, Mr. Marrero proposed to pay $800.00
within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo
seconded the motion. The vote was in favor of the motion 5-2. Mr. Patnik and Mr.
Vickers voted no. Mr. Perl moved to propose a counter offer of 1,500.00 within 30 days
which Mr. Marrero accepted. Mr. Busta seconded the motion and the vote was in favor of
the motion 5-2. Mr. Asmus and Mr. Buenconsejo voted no.
Case: 2005-06185
Owner: Sergio Perez
Address: 6 NE 107 St.
Mr. Perez's lawyer, Mr. Marrero was there to present the case. The Board asked Mr.
Marrero several questions and after further discussion Mr. Marrero proposed to pay
$2,500.00 in 30 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo
seconded the motion. The vote was in favor of the motion 4-3. Mr. Asmus, Mr. Patnik
and Mr. Quiroga voted no.
Code Enforcement Board 2 April 5, 2007
Case: 2005-06532
Owner: Angelique Vilus
Address: 101 NW 105 St.
The property owner, Mrs. Vilus was there to present her case. The Board questioned Mrs.
Vilus and after further discussion from the board Mrs. Vilus proposed to pay $2,000.00 in
30 days. Mr. Patnik moved to accept the proposed offer and Mr. Buenconsejo seconded
the motion. The vote was in favor of the motion 5-2. Mr. Asmus and Mr. Quiroga voted
no.
Case: 2000-01540
Owner: Jean Moise
Address: 10804 NW 2 Ave.
Mr. Moise was there to present his case. The Board questioned Mr. Moise and after
further discussion Mr. Moise proposed to pay $2,800.00 within 30 days. Mr.
Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion.
The vote was in favor of the motion 4-3. Mr. Asmus, Mr. Patnik, and Mr. Quiroga voted
no.
Case: 2004-05386, 2004-05387, 2005-05610, 2006-07095
Owner: Jesus Mejia
Address: 118 NW 97 St.
Mr. Mejia was there to present his case. The Board questioned Mr. Mejia and after
further discussion Mr. Mejia proposed to pay $1,500.00 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 6-1. Mr. Asmus voted no.
*Case: 2-07-1604
Owner: Anthony Martin
Address: 953 NE 91 Terr.
Section 6-4
Violations: Unauthorized Construction / Alteration
This case was adjudicated in the beginning of the meeting. Mr. Martin arrived at 6:30.
Mr. Buenconsejo moved to reopen this case and Mr. Busta seconded the motion. The
vote was in favor of the motion 5-2. Mr. Quiroga and Mr. Asmus voted no. Mr. Perl
disclosed he spoke with Mr. Martin concerning this case.
The officer, Mike Orta, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. The owner,
Mr. Martin was there to present his case. He stated he does agree with the violation.
Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion
of law that a violation exists according to Section 6-4 of the Miami Shores Village Code.
The violator shall correct the violation by April. 30, 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
Code Enforcement Board 3 April 5, 2007
violation were assessed to recoup the Village's expenses in prosecuting the violations to
date. Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-2. Mr.
Asmus and Mr. Quiroga voted no.
•
*Case: 2-07-1606
Owner: Anthony Martin
Address: 953 NE 91 Terr.
Section 6-4
Violations: Unauthorized Construction / Alteration
This case was adjudicated in the beginning of the meeting. Mr. Martin arrived at 6:30.
Mr. Buenconsejo moved to reopen this case and Mr. Busta seconded the motion. The
vote was in favor of the motion 5-2. Mr. Quiroga and Mr. Asmus voted no. Mr. Perl
disclosed he spoke with Mr. Martin concerning this case.
The officer, Mike Orta, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. The owner,
Mr. Martin was there to present his case. He stated he does agree with the violation.
Following discussion by the Board, Mr. Buenconsejo moved for a finding of fact and a
conclusion of law that a violation exists according to Section 6-4 of the Miami Shores
Village Code. The violator shall correct the violation by April. 30, 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. Quiroga seconded the motion. The vote was in favor of the motion
6-1. Mr. Quiroga voted no.
APPROVAL OF MINUTES:
Mr. Busta moved to approve Nov. 2nd minutes as they are. Mr. Quiroga seconded the
motion and the vote was unanimous in favor of the motion 7-0.
Mr. Buenconsejo moved to approve Dec. 7th minutes as they are. Mr. Quiroga seconded
the motion and the vote was unanimous in favor of the motion. 7-0
Mr. Perl moved to approve Feb. 1st minutes as they are. Mr. Buenconsejo seconded the
motion and the vote was unanimous in favor of the motion. 7-0
NEXT MEETING
The next meeting will be on April 5, 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 April 5, 2007