08-02-2007 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday August 2, 2007
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
August 2, 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
John Patnik
Rod Buenconsejo
John Busta
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
ABSENT: Barry Perl
Manny Quiroga
Valerie Bierley, Clerk
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case: 7-07-2420
Owner: Graham Allan
Address: 140 NW 104 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. Mr. Allan, the
owner of the property was there to present his case. He did not agree there was a violation.
Following discussion by the Board, Mr. Busta 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 Aug 9, 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.
Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0
Code Enforcement Board 1 July 5, 2007
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Case: 5-07-2192
Owner: Bruce Marley
Address: 500 NE 102 St.
Section 13-1; 520(a)
Violations: Storage of inoperable motor vehicles; Commercial Vehicles.
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 of
the property, Bruce Marley did not attend the meeting. Mr. Buenconsejo moved for a
finding of fact and a conclusion of law that a violation exists according to Section 13-1;
520(a) in the Miami Shores Village Code. The violator shall correct the violation by Aug.
9, 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. Patnick seconded the motion. The vote was
unanimous in favor of the motion 5-0
Case: 7-07-2405
Owner: Miguel Ramos
Address: 1482 NE 104 St.
Section 520(h)(i); 12-105
Violations: Deteriorated Parking Area; Sewage Disposal
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,
Miguel Ramos did not attend the meeting. Mr. Asmus moved for a finding of fact and a
conclusion of law that a violation exists according to Section 520(h)(i); 12-105 of the
Miami Shores Village Code. The violator shall correct the violation by Aug. 9, 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.
Summary Adjudication For 1St Hearings:
Case #'s: 2-07-1651; 3-07-1719; 3-07-1720; 3-07-1737; 3-07-1764; 3-07-1844; 4-07-
1881; 4-07-1944; 4-07-1971; 4-07-1973; 4-07-1974; 4-07-1975; 4-07-1980; 4-07-2005; 5-
07-2037; 5-07-2103; 5-07-2135; 5-07-2178; 5-07-2184; 5-07-2205; 6-07-2314; 6-07-2318;
6-07-2332; 6-07-2338; 6-07-2340; 7-017-2351; 7-07-2360; 7-07-2378; 7-07-2413; 7-07-
2415; 7-07-2417; 7-07-2418
Code Enforcement Board 2 July 5, 2007
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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. 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 staffs administrative fee. Mr. Asmus seconded the
motion. The vote was unanimous in favor of the motion 5-0.
PENALTY HEARINGS
Case: 3-07-1790
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. The owner's son, Mr. Wells was there
to present the case. He continued to deny there were any violations. The Board questioned
Mr. Wells and Mr. Orta and after a discussion, Mr. Buenconsejo made a motion to impose
the fines previously adjudicated. Mr. Busta seconded the motion and the vote was
unanimous in favor of the motion 5-0.
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. The owner's son, Mr. Wells was there
to present the case. He continued to deny there were any violations. The Board questioned
Mr. Wells and Mr. Orta and after a discussion, Mr. Buenconsejo made a motion to impose
the fines previously adjudicated. Mr. Patnik seconded the motion and the vote was
unanimous in favor of the motion 5-0.
Code Enforcement Board 3 July 5, 2007
Summary Adjudication:
• Case's #: 10-06-1296; 3-07-1778; 3-07-1779; 3-07-1821; 4-07-1866; 4-07-1890; 4-07-
1891; 4-07-1895; 4-07-1896; 4-07-1898; 4-07-1918; 4-07-1919; 4-07-1988; 4-07-1992; 4-
07-1993; 5-07-2038; 5-07-2040; 5-07-2104; 5-07-2105; 5-07-2106; 5-07-2107; 5-07-2116;
5-07-2119; 5-07-2147; 5-07-2149; 5-07-2150; 5-07-2207
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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. 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 5-0.
REQUEST FOR RELIEF
Case: 4821; 2003-03706; 2005-06296
Owner: Paulo Manso De Sousa
Address: 52 NW 99 St.
The property owner's father, Adriano Manso De Sousa and Jeff Jones were there to present
Mr. Manso De Sousa's case. The board asked several questions and after a discussion, Mr.
Jones proposed to pay $8,000.00 within 60 days. Mr. Buenconsejo moved to accept the
proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 3-
2, both Mr. Asmus and Mr. Patnik voted no.
Case: 2005-06484
Owner: Juan Piedrahita
Address: 9525 NW 1 Ct.
The property owner Mr. Piedrahita was there to present his case. The board asked several
questions and after a discussion, Mr. Piedrahita proposed to pay $1,600.00 within 45 days.
Mr. Asmus moved to accept the proposed offer and Mr. Buenconsejo seconded the motion.
The vote was unanimous in favor of the motion 5-0.
Code Enforcement Board 4 July 5, 2007
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Case: 2003-03864
Owner: Edner Janvier
Address: 67 NW 109 St.
The property owner was there to present his case. The board asked several questions and
after a discussion, Mr. Janvier proposed to pay $1.00 within 30 days. Mr. Asmus moved to
deny the proposed offer and Mr. Busta seconded the motion. The vote was unanimous in
favor of the motion 5-0.
APPROVAL OF MINUTES:
Mr. Busta moved to table May 3 minutes until Sept. 6th, Mr. Buenconsejo seconded the
motion. The vote was unanimous in favor of the motion 5-0. Mr. Asmus moved to approve
the July 7th minutes and Mr. Busta seconded the motion. The vote was unanimous in favor
of them motion 5-0.
NEXT MEETING
The next meeting will be on Sept. 6, 2007
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Buenconsejo seconded it and the motion
passed unanimously 5-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 5 July 5, 2007