07-05-2007 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday July 5, 2007
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
July 5, 2007, 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
Manny Quiroga
Barry Perl
John Patnik
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT: Rod Buenconsejo
John Busta
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case: 3-07-1752
Owner: Judith Williams
Address: 86 NE 95 St
Section 12-133
Violations: Unsightly fascia, Soffit, house exterior
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. Mrs. Williams, the owner
of the property was there to present her case. She agreed that there was a 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 12-133 of the Miami Shores
Village Code. The violator shall correct the violation by Aug 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 $ 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. Perl seconded the motion. The vote was unanimous in favor of the
motion 5-0
Code Enforcement Board 1 July 5, 2007
Case: 3-07-1752
Owner: Judith Williams
Address: 86 NE 95 St
Section 12-133
Violations: Unsightly fascia, Soffit, house exterior
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. Mrs. Williams, the owner
of the property was there to present her case. She agreed that there was a 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 12-133 of the Miami Shores
Village Code. The violator shall correct the violation by Aug 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 $ 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. Perl seconded the motion. The vote was unanimous in favor of the
motion 5-0
Case: 4-07-1926
Owner: Andre Dormus
Address: 101 NW 106 St.
• Section 12-82; 12-108
Violations: Nondwelling Structures and Fences; Insect and Rodent Harborage
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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,
Andre Dormus did not attend the meeting. 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; 12-108 of the Miami Shores Village Code. The violator shall correct the
violation by July 10, 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 $250.00 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. Asmus seconded the motion.
The vote was unanimous in favor of the motion 5-0.
Case: 5-07-2067
Owner: Charles Safdie
Address: 126 NW 108 St.
Section 400/401; 13-1
Violations: Violation of Schedule of Regulations; Storage of inoperable motor vehicles.
Code Enforcement Board 2 July 5, 2007
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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,
Charles Safdie did not attend the meeting. 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 400/401; 13-1 of the Miami Shores Village Code. The violator shall correct the
violation by July 10, 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 unanimous in favor of the motion 5-0.
Case: 5-07-2104
Owner: Yojana Menendez
Address: 955 NE 98 St.
Section 6-4
Violations: Unauthorized Construction/Alteration
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,
Yojana Menendez did not attend the meeting. 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 6-4 of the Miami Shores Village Code. The violator shall correct the
violation by July 15, 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 $250.00 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. Asmus seconded the motion.
The vote was unanimous in favor of the motion 5-0.
Case: 5-07-2120
Owner: Ellisa Gouak
Address: 63 NW 103 St.
Section: 9-2(b)(c) / 9-5
Violations: Improper Treatment Of Refuse
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
Ellisa Gouak did not attend the meeting. Fllowing discussion by the Board, Mr. Perl moved
for a finding of fact and a conclusion of law that a violation exists according to Section 9-
2(b)(c) / 9-5 of the Miami Shores Village Code. The violator shall correct the violation by
July 10, 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
Code Enforcement Board 3 July 5, 2007
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back to the board and the board may then assess a fine against the violator in the amount of
$250.00 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
unanimous in favor of the motion 5-0.
Summary Adjudication For 1st Hearings:
Case #'s: 1-07-1478, 1-07-1500, 3-07-1778, 3-07-1779, 3-07-1795, 3-07-1819, 3-07-1821,
3-07-1827, 3-07-1833, 4-07-1866, 4-07-1890, 4-07-1891, 4-07-1895, 4-07-1898, 4-07-
1918, 4-07-1919, 4-07-1922, 4-07-1925, 4-07-1988, 4-07-1992, 4-07-1993, 5-07-2033, 5-
07-2038, 5-07-2039, 5-07-2040, 5-07-2045, 5-07-2104, 5-07-2105, 5-07-2107, 5-07-2116,
5-07-2119, 5-07-2131, 5-07-2147, 5-07-2149, 5-07-2150, 5-07-2160, 5-07-2207, 5-07-
2237, 5-07-2238
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. Asmus seconded the
motion. The vote was unanimous in favor of the motion 5-0.
PENALTY HEARINGS
Case: 4-07-1864
Owner: Anita Pena
Address: 29 NW 99 St.
The officer, Mike Orta, testified that violations still existed on the property. Pictures were
submitted to the Board as evidence of the violation. Mr. Pena was there to testify on behalf
of the owner Anita Pena. Mr. Pena stated the violation has been corrected. The Board
questioned Mr. Pena and Mr. Orta and after a discussion, Mr. Quiroga made a motion to
continue this case for Mr. Orta to re -inspect. Mr. Asmus seconded the motion and the vote
was in favor of the motion 5-0.
Code Enforcement Board 4 July 5, 2007
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Case: 5-07-2024
Owner: Frank Totino
Address: 9430 Biscayne Blvd.
The officer, Mike Orta, testified that violations still existed on the property. Pictures were
submitted to the Board as evidence of the violation. The owner Mr. Totino was there to
present his case. He continued to deny there were any violations. The Board questioned Mr.
Totino and Mr. Orta and after a discussion, Mr. Perl made a motion to impose the fines
previously adjudicated. Mr. Quiroga seconded the motion and the vote was unanimous in
favor of the motion 5-0.
Summary Adjudication:
Case's #: 10-06-1310, 3-07-1698, 3-07-1743, 3-07-1803, 3-07-1804, 3-07-1805, 3-07-
1810, 4-07-1901, 4-07-1904, 4-07-1905
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. 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. Patnik seconded the motion and the vote was unanimous in
favor of the motion 5-0.
REQUEST FOR RELIEF
Case: 8994, 2005-06476, 2005-06477, 2005-06478, 2005-06479, 2005-06481
Owner: Ramiro Del Amo
Address: 9259 N. Bayshore Dr.
The property owner, Mr. Del Amo and his lawyer Mr. Del Amo were there to present his
case. The board asked several questions and after a discussion, Mrs. Del Amo proposed to
pay $50,000.00 within 10 days. Mr. Quiroga moved to accept the proposed offer and Mr.
Patnik seconded the motion. The vote was in favor of the motion 3-2, both Mr. Asmus and
Mr. Perl voted no.
Code Enforcement Board 5 July 5, 2007
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APPROVAL OF MINUTES:
Mr. Asmus moved to approve May 3 minutes, Mr. Quiroga seconded the motion. The vote
was unanimous in favor of the motion 5-0. The June minutes were withheld until Aug. 2nd
meeting.
NEXT MEETING
The next meeting will be on Aug 2, 2007
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Quiroga seconded it and the motion passed
unanimously 5-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 6 July 5, 2007