02-07-2008 Regular Meeting•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday February 7, 2008
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
February 7, 2008, 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
Manny Quiroga
John Busta
ALSO PRESENT: Richard Sarafan, Village Attorney (arrived 6:15)
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT: Barry Perl
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case: 9-07-2629
Owner: Bernice Almodovar
Address: 182 NW 95 St.
Section: 6-4
Violations: Unauthorized Construction
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 there to
present the case. 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 March 6, 2008 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. Quiroga seconded the motion. The vote was
unanimous in favor of the motion 6-0.
Code Enforcement Board 1 Feb. 07, 2008
Summary Adjudication For 1st Hearings:
• Case #'s: 1007-2898; 10-07-2904; 10-07-2906; 10-07-2932; 10-07-2947; 10-07-2966; 10-
07-2978; 10-07-2979; 1-08-3451; 1-08-3468; 11-07-2997; 11-07-3009; 11-07-3053; 11-07-
3058; 11-07-3109; 11-07-3129; 11-07-3133; 11-07-3160; 11-07-3164; 11-07-3165; 11-07-
3166; 11-07-3200; 11-07-3204; 11-07-3209; 11-07-3214; 12-07-3272; 12-07-3273; 12-07-
3295; 12-07-3299; 12-07-3348; 9-07-2571
•
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 excluding cases
1-08-3352; 1-08-3353; 12-07-3269; 12-07-3345 and 12-07-3347, 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. Buenconsejo seconded the
motion. The vote was unanimous in favor of the motion 6-0.
Case #'s: 1-08-3352 and 12-07-3345
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
$100.00 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 6-0.
Case #'s: 1-08-3353; 12-07-3269; 12-07-3347
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
Code Enforcement Board 2 Feb. 07, 2008
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
$100.00 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 6-0.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 10-07-2827; 10-07-2910; 10-07-2931; 10-07-2933; 9-07-2592; 9-07-2593; 9-07-
2702
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. Asmus seconded the motion and the vote was unanimous in
favor of the motion 6-0.
REQUEST FOR RELIEF
Case: 5-07-2033
Owner: Charles & Marryl Zegar
Address: 29 NE 91 St.
The property owner's contractor Mr. Leoni was there to present the case. The board asked
several questions and after a discussion, Mr. Leoni proposed to pay $500.00 within 10
days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Asmus seconded the
motion. The vote was unanimous in favor of the motion 5-1. Mr. Vickers voted no.
Case: 2002-02260
Owner: Yvan Frederic
Address: 9325 NW 2nd Ct.
The property owner Mr. Frederic was there to present his case. The board asked several
questions and after further discussion, Mr. Frederic proposed to pay $300.00 within 30
days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the
motion. The vote was unanimous in favor of the motion 6-0.
Code Enforcement Board 3 Feb. 07, 2008
Case: 11-06-1406
Owner: Lara Coley
Address: 148 NW 96 St.
The property owner Mrs. Coley was there to present her case. The board asked several
questions and after further discussion, Mrs. Coley proposed to pay $600.00 within 5 days.
Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the motion.
The vote was unanimous in favor of the motion 6-0.
Case: 8-06-1018
Owner: James Baldo
Address: 49 NE 110 St.
The property owner Mr. Baldo was there to present his case. The board asked several
questions and after a discussion, Mr. Baldo proposed to pay $3,600.00 within 5 days. Mr.
Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The
vote was in favor of the motion 5-1. Mr. Asmus voted no.
Case: 2005-05438
Owner: Chris & Monica Savitz
Address: 1360 NE 103 St.
The property owners Mr. & Mrs. Savitz were there to present they're case. The board asked
several questions and after a discussion, Mr. Savitz proposed to pay $4,000.00 within 10
days. Mr. Buenconsejo moved to accept the offer and Mr. Quiroga seconded the motion.
The vote was unanimous in favor of the motion 6-0.
APPROVAL OF MINUTES:
Mr. Buenconsejo moved to accept the Dec. 6th 2007 minutes. Mr. Asmus seconded the
motion and the vote was unanimous in favor of the motion 6-0.
NEXT MEETING
The next meeting will be on March. 6, 2008
ADJOURNMENT
Mr. Quiroga made a motion for adjournment Mr. Asmus seconded it and the motion passed
unanimously 6-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 4 Feb. 07, 2008