02-05-2009 Regular Meeting•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday February 5, 2009
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
February 5th, 2009, 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
John Patnik
Rod Buenconsejo
John Busta
Barry Perl
Manny Quiroga
Barry Asmus
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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: 1-09-5265
Owner: Suzanne Jacobs (Brian Giller)
Address: 1284 NE 94 St.
Section: 520(a)
Violations: Commercial Vehicles
The officer, Anthony Flores explained the violation did exist, although not currently open
on the property pictures were submitted as evidence. Mr. Flores is requesting this case be
identified that a violation did in fact exist and should it occur again in the future it will
become a repeat order. The owner was there to present the case, Ms. Jacobs and Mr. Giller
did not agree that it was a violation. After a discussion from the board, Mr. Perl moved
with respect for case #1-09-5265 that a violation of code section 520(a) did exist and has
been cured by this date Mr. Asmus seconded the motion. The vote was in favor of the
motion 6-1, Mr. Busta voted no.
Summary Adjudication For list Hearings:
Case #'s: 11-07-3111; 11-07-3112; 11-07-3113; 11-08-5127; 12-08-5140; 12-08-5141; 12-
08-5166; 12-08-5175; 12-08-5199; 12-08-5223; 9-08-4769; 9-08-4806; 9-08-4808
Code Enforcement Board 1 February 5, 2009
Chairman 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 1-09-5245; 10-08-5005;
1-09-5246; 12-08-5142 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, (Jan 27th 2009) 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 #: 10-08-4969; 10-08-5022; 10-08-5023; 10-08-5064; 10-08-5066; 10-08-5067; 11-
07-3193; 11-07-3202; 4-08-3994; 4-08-4108; 9-08-4893
Chairman 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 2 February 5, 2009
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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: 4-08-3999
Owner: US Bank TRS
Address: 9801 N. Miami Ave.
Mr. Cusmano the listing agent for this property was there to present the case. The board
asked several questions and after a discussion, Mr. Cusmano proposed to pay $3,555.00
within 30 days. Mr. Perl moved to accept the proposed offer and Mr. Quiroga seconded the
motion. The vote was in favor of the motion 6-1, Mr. Asmus voted no.
Case: 1-08-3474
Owner: Jacques & Christina Nijankin
Address: 1275 NW 103 St.
Mr. Nijankin was there to present the case. The board asked several questions and after a
discussion, Mr. Nijankin proposed to pay $1,500.00 within 10 days. Mr. Quiroga moved to
accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was
unanimous in favor of the motion 7-0.
Case: 8-08-4644
Owner: George Ketelhohn
Address: 185 NW 107 St.
Mr. Ketelhohn was there to present the case. The board asked several questions and after a
discussion, Mr. Ketelhohn proposed to pay $245.00 within 10 days. Mr. Buenconsejo
moved accept to the proposed and Mr. Perl seconded the motion. The vote was in favor of
the motion 5-2, Mr. Asmus and Mr. Quiroga both voted no.
Case: 2-08-3581
Owner: Fulgo Constance
Address: 163 NW 101 St.
Mrs. Constance's guardian John was there to present the case. The board asked several
questions and after a discussion, Mr. Buenconsejo moved to accept the proposed offer and
Mr. Quiroga seconded the motion. The vote was not in favor of the motion 1-6. Mr. Asmus,
Mr. Patnik, Mr. Busta, Mr. Perl, Mr. Quiroga and Chairman Vickers all voted no.
Code Enforcement Board 3 February 5, 2009
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MINUTES
Mr. Quiroga moved to accept October 2nd 2008 minutes 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 March 5, 2009
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 4 February 5, 2009