10-04-2007 Regular Meeting•
•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday October 4, 2007
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
October 6, 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 (arrived at 6:30)
John Patnik
Rod Buenconsejo
Barry Perl
Manny Quiroga
John Busta
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case: 5-07-2235
Owner: Homescycles Inc.
Address: 165 NW 92 St.
Section 401
Violations: Prohibited businesses
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 was not there
to present the case. 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 401 of the Miami
Shores Village Code. The violator shall correct the violation by Oct. 19, 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.
Code Enforcement Board 1 Oct. 04, 2007
•
•
Case: 5-07-2236
Owner: Homescycles Inc.
Address: 165 NW 92 St.
Section 501(k)10-1
Violations: Unauthorized Storage Of Materials
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 was not there
to present the case. 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 501(k)10-1 of the
Miami Shores Village Code. The violator shall correct the violation by Oct. 19, 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 1st Hearings:
Case #'s: 1-07-1534; 3-07-1854; 5-07-2042; 5-07-2043; 5-07-2118; 5-07-2173; 7-07-
2452; 7-07-2453; 7-07-2489; 7-07-2491; 7-07-2492; 7-07-2507; 7-07-2508; 8-07-2546; 9-
07-2570; 9-07-2578; 9-07-2587; 9-07-2588; 9-07-2636; 9-07-2641; 9-07-2651; 9-07-2653;
9-07-2670; 9-07-2672; 9-07-2673
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 7-0.
Code Enforcement Board 2 Oct. 04, 2007
•
•
PENALTY HEARINGS
Summary Adjudication:
Case's #: 2-07-1651; 5-07-2033; 6-07-2291; 6-07-2338; 7-07-2383; 7-07-2384; 7-07-2386;
7-07-2390; 7-07-2408; 7-07-2444; 7-07-2475; 7-07-2482; 7-07-2483; 7-07-2499; 7-07-
2509; 7-07-2516; 7-07-2520; 8-07-2535; 8-07-2538; 8-07-2560
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. Quiroga seconded the motion and the vote was unanimous in favor of the
motion 7-0.
REQUEST FOR RELIEF
Case: 1-07-1488; 1-07-1553
Owner: Wells Fargo
Address: 9150 N Bay Shore Dr.
An agent from Wells Fargo, Mr. Keith Moore was there to present the case. The board
asked several questions and after a discussion, Mr. Moore proposed to pay $5,000.00
within 10 days. Mr. Perl moved to accept the proposed offer and Mr. Quiroga seconded the
motion. The vote was in favor of the motion 5-2. Mr. Asmus and Mr. Patnik both voted no.
Case: 2005-05451
Owner: Salnave Pierre
Address: 245 NE 96 St.
The property owner Mr. Pierre was there to present his case. The board asked several
questions and after a discussion, Mr. Pierre proposed to pay $700.00 within 15 days. Mr.
Patnik moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The
vote was not in favor of the motion 6-1. Mr. Perl voted no.
Code Enforcement Board 3 Oct. 04, 2007
•
•
•
Case: 2005-06560
Owner: Hassan Benjelloon
Address: 230 NE 107 St.
The property owner Mr. Benjelloon was there to present his case. The board asked several
questions and after a discussion, Mr. Benjelloon proposed to pay $1,500.00 within 30 days.
Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the
motion. The vote was unanimous in favor of the motion 7-0.
Case: 2003-03577
Owner: Jose Luis Villoni
Address: 84 NW 104 St.
The property owner Mr. Villoni was there to present his case. The board asked several
questions and after a discussion, Mr. Villoni proposed to pay $500.00 within 10 days. Mr.
Quiroga moved to accept the proposed offer and Mr. Perl seconded the motion. The vote
was not in favor of the motion 1-6. Mr. Asmus, Mr. Patnik, Mr. Busta, Mr. Vickers, Mr.
Quiroga and Mr. Buenconsejo all voted no.
Case: 2000-01454
Owner: Linton Hugh Dawkins
Address: 154 NW 97 St.
The property owner Mr. Dawkins was there to present his case. The board asked several
questions and after a discussion, Mr. Dawkins proposed to pay $30.00 within 5 days. Mr.
Perl moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was
unanimous in favor of the motion 7-0.
Case: 2005-05438
Owner: Chris & Monica Savitz
Address: 1360 NE 103 St.
The property owners Mr. & Mrs. Savitz were there to present their case. The board asked
several questions and after a discussion, Mr. Savitz proposed to pay $1,000.00 within 5
days. Mr. Patnik moved to accept the proposed offer and Mr. Quiroga seconded the motion.
The vote was not in favor of the motion 2-5. Mr. Asmus, Mr. Patnik, Mr. Perl, Mr. Quiroga
and Mr. Buenconsejo all voted no.
APPROVAL OF MINUTES:
Mr. Quiroga moved to accept the September 6th minutes. 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 Nov. 1, 2007
Code Enforcement Board 4 Oct. 04, 2007
•
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Vickers seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 5 Oct. 04, 2007