10-02-2008 Regular Meeting•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday October 2, 2008
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
October 2, 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
John Busta
Barry Perl
Manny Quiroga
ALSO PRESENT: Richard Sarafan Village Attorney
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: 4-08-4153
Owner: John Tisdell
Address: 74 NE 111 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. 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 Nov. 5, 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. Buenconsejo seconded the motion. The vote was
unanimous in favor of the motion 7-0.
Code Enforcement Board 1 October 2, 2008
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Case: 4-08-4154
Owner: John Tisdell
Address: 74 NE 111 St.
Section: 520(h)(i)
Violations: Deteriorated Parking Area
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. Quiroga moved for a
finding of fact and a conclusion of law that a violation exists according to Section 520(h)(i)
of the Miami Shores Village Code. The violator shall correct the violation by Nov. 5, 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. Buenconsejo seconded the motion. The vote was
unanimous in favor of the motion 7-0.
Summary Adjudication For 1St Hearings:
Case #'s: 12-07-3290; 3-08-3826; 6-08-4311; 6-08-4344; 7-08-4516; 7-08-4518; 7-08-
4519; -08-4520; 7-08-4535; 7-08-4557; 7-08-4579; 8-08-4590; 8-08-4627; 8-08-4629; 8-
08-4630; 8-08-4632; 8-08-4644; 9-08-4729; 9-08-4762
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. Perl made a motion for a summary adjudication of case 9-08-4765 to include a finding
of fact and conclusion of law that a violation according to Section 401 of the Miami Shores
Village Code exists as charged in the respective notice of violations issued therein and that,
in each case, the offending party will correct the violation within two days, (October 4th
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. Asmus seconded the motion. The vote
was in favor of the motion 6-1. Mr. Quiroga voted no.
Mr. Perl made a motion for a summary adjudication of case 7-08-4499; 8-08-4643; 9-08-
4758 to include a finding of fact and conclusion of law that a violation according to Section
13-1 of the Miami Shores Village Code exists as charged in the respective notice of
violations issued therein and that, in each case, the offending party will correct the
Code Enforcement Board 2 October 2, 2008
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violation within two days, (October 4th 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 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 7-0.
Mr. Perl made a motion for a summary adjudication of case 9-08-4723 to include a finding
of fact and conclusion of law that a violation according to Section 12-103 of the Miami
Shores Village Code 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,
(October 7th 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
$100.00 a day thereafter and also a $30.00 staff's administrative fee. Mr. Quiroga seconded
the motion. The vote was unanimous in favor of the motion 7-0.
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.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 10-07-2842; 2-08-3594; 2-08-3705; 4-08-4011; 4-08-4044; 4-08-4067; 4-08-
4130; 4-08-4144; 5-07-2025; 5-08-4201; 6-08-4336; 6-08-4353; 6-08-4437; 6-08-4450; 6-
08-4453; 7-08-4470; 7-08-4476; 7-08-4479; 7-08-4492; 7-08-4493; 7-08-4517; 7-08-4534
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.
Code Enforcement Board 3 October 2, 2008
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Mr. Buenconsejo 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: 2006-06865
Owner: Miami Shores Center LLC
Address: 9830 NE 2 Ave.
Mr. Kramer was there to present the case. The board asked several questions and after a
discussion, Mr. Kramer proposed to pay $1,040.00 within 7 days. Mr. Quiroga moved to
accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor
of the motion 6-1. Mr. Asmus voted no.
Case: 2005-06010
Owner: Jessie Mesider
Address: 461 NE 93 St.
Mr. Demos was there to present the case. The board asked several questions and after a
discussion, Mr. Demos proposed to pay $10,000.00 within 10 days. Mr. Quiroga moved to
accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor
of the motion 6-1. Mr. Asmus voted no.
Case: 4-08-4021
Owner: John Militana
Address: 8945 Biscayne Blvd.
Mr. Militana was there to present the case. The board asked several questions and after a
discussion, Mr. Militana proposed to pay $500.00 within 10 days. Mr. Perl moved to accept
the proposed offer and Mr. Asmus seconded the motion. The vote was in favor of the
motion 4-3. Mr. Quiroga, Mr. Buenconsejo and Mr. Vickers voted no.
Case: 2006-07029
Owner: Country Wide (Matt Murray)
Address: 301 NE 96 St.
Mr. Murray a representative for Country Wide was there to present the case. The board
asked several questions and after a discussion, Mr. Murray proposed to pay $2,500.00
within 30 days. Mr. Perl moved to accept $20,000.00 and Mr. Buenconsejo seconded the
motion. The vote was not in favor of the motion 3-4. Mr. Asmus Mr. Patnik, Mr. Quiroga
and Mr. Vickers voted no.
Code Enforcement Board 4 October 2, 2008
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Case: 1-08-3352; 1-08-3353
Owner: Arsenio Macareno
Address: 1237 NE 93 St.
Ms. Almanzer a representative for Keller Williams was there to present the case. The board
asked several questions and after a discussion, Ms. Almanzer proposed to pay $12,000.00
within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Patnik
seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted no.
Case: 4-08-3903; 4-08-3904
Owner: Vanessa Castro
Address: 142 NW 103 St.
Ms. Castro was there to present the case. The board asked several questions and after a
discussion, Ms. Castro proposed to pay $1,000.00 within 30 days. Mr. Perl moved to deny
the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in
favor of the motion 7-0.
NEXT MEETING
The next meeting will be on November 6, 2008
ADJOURNMENT
Mr. Buenconsejo made a motion for adjournment Mr. Quiroga seconded it and the motion
passed unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 5 October 2, 2008