05-01-2008 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday May 1, 2008
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
May 1, 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 LO .
Barry Asmus ()`-1 /(
John Patnik
Rod Buenconsejo (�
John Busta �
Barry Peri a
Manny Quiroga
ALSO PRESENT: Richard Sarafan, Village Attorney6 0
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case: 4-08-3939
Owner: Ramiro Del Amo
Address: 9215 N. Bayshore Dr.
Section: 8-22
Violations: Penalty- water restriction
The officer, Mike Orta explained the nature of the violation and testified that the violation
existed on the property. Pictures were submitted as evidence. The owner was 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 existed according to Section 8-22 of the Miami
Shores Village Code. The Code Enforcement Officer may assess a fine against the violator
in the amount of $25.00. This will constitute a fine on the property of the violator. Mr.
Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 1 May 1, 2008
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Case: 3-08-3870
Owner: Ana Patino
Address: 10650 NE 10 PL
Section: 520(a)
Violations: Commercial Vehicles.
The officer, Anthony Flores explained the nature of the violation and testified that the
violation existed on the property. Pictures were submitted as evidence. The owner was
there to present the case. Following discussion by the Board, Mr. Perl moved for a finding
of fact and a conclusion of law that a violation existed according to Section 520(a) of the
Miami Shores Village Code. 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 7-0.
Case: 2-08-3623
Owner: Fabio Correa
Address: 246 NE 103 St.
Section: 12-133
Violations: Unsightly fascia, Soffit, house exterior
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 was
there to present the case. 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 12-133 of the
Miami Shores Village Code. The violator shall correct the violation by May 31, 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
whether 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 7-0.
Summary Adjudication For 1st Hearings:
Case #'s: 1-08-3399; 12-07-3298; 2-08-3503; 2-08-3514; 2-08-3515; 2-08-3549; 2-08-
3554; 2-08-3581; 2-08-3583; 2-08-3591; 2-08-3612; 2-08-3613; 2-08-3657; 2-08-3658; 2-
08-3659; 2-08-3673; 2-08-3675; 2-08-3687; 2-08-3707; 2-08-3710; 2-08-3711; 2-08-3712;
2-08-3720; 3-08-3735; 3-08-3743; 3-08-3744; 3-08-3745; 3-08-3752; 3-08-3753; 3-08-
3754; 3-08-3768; 3-08-3777; 3-08-3778; 3-08-3785; 3-080-3787; 3-08-3788; 3-08-3815; 3-
08-3818; 3-08-3829; 3-08-3840; 3-08-3841; 3-08-3842; 3-08-3843; 3-08-3844; 3-08-3845;
3-08-3846; 3-08-3848; 3-08-3850; 3-08-3853; 3-08-3866; 3-08-3876; 3-08-3897; 4-08-
3904; 4-08-3906; 4-08-3941; 4-08-3986; 4-08-3999
Code Enforcement Board 2 May 1, 2008
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.
Mr. Quiroga made a motion for a summary adjudication of cases 4-08-3903; 3-08-3847 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 five days, (May 6th 2008) 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 250.00 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 5-2. Mr. Asmus and Mr. Patnik both voted no.
Mr. Asmus made a motion for a summary adjudication of case 3-08-3728 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 fifteen days, (May le 2008) 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 250.00 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 3 May 1, 2008
PENALTY HEARINGS
Summary Adjudication:
Case's #: 10-070-2906; 1-08-3365; 1-08-3413; 1-08-3474; 11-07-3058; 11-07-3193; 12-
07-3240; 12-07-3268; 12-07-3271; 12-07-3288 12-07-3289; 12-07-3292; 12-07-3296; 12-
07-3314; 12-07-3316; 12-07-3331; 12-07-3333; 2-08-3560; 9-07-2629;
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 7-0.
REQUEST FOR RELIEF
Case: 4-07-1973; 4-07-1974
Owner: Joseph Molnar
Address: 1319 NE 105 St.
The property owner Mr. Molnar was there to present the case. The board asked several
questions and after a discussion, Mr. Molnar proposed to pay $2,025.00 within 5 days. Mr.
Quiroga moved to accept the proposed offer and Mr. Buenconsejo seconded the motion.
The vote was favor of the motion 6-1. Mr. Asmus voted no.
Case: 7-07-2516
Owner: Patrick Penkwitt and Michelle Naves
Address: 500 Grand Concourse
The property owners Mr. Penkwitt and Ms. Naves was there to present the case. The board
asked several questions and after a discussion, Mr. Penkwitt and Ms. Naves proposed to
pay $1,000.00 within 5 days. Mr. Quirgoa moved to accept the proposed offer and Mr. Perl
seconded the motion. The vote was not in favor of the motion 3-4. Mr. Asmus, Mr. Patnik,
Mr. Busta and Mr. Buenconsejo voted no.
NEXT MEETING
The next meeting will be on June 5, 2008
Code Enforcement Board 4 May 1, 2008
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ADJOURNMENT
Mr. Quiroga made a motion for adjournment Mr. Patnik seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 5 May 1, 2008