03-05-2009 Regular Meeting0.0t2e3(-a,(1
CODE ENFORCEMENT BOARD MEETING MINUTES
• Thursday March 5, 2009
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The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
March 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
ALSO PRESENT: Jesus Suarez Asst. Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
Mr. Suarez swore in all those participating in the meeting.
FIRST HEARING
Case:12-08-5171
Owner: William & Daniel Sera
Address: 94 NE 93 St.
Section: 12-133
Violations: Depreciation of surrounding property
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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. 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 April 1, 2009 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. Perl seconded the motion. The vote was unanimous
in favor of the motion 7-0.
Code Enforcement Board 1 February 5, 2009
Case: 9-08-4781
• Owner: Ahsha Rolle
Address: 590 NE 96 St.
Section: 12-82
Violations: Nondwelling Structures & Fence
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. Perl moved for a finding of fact
and a conclusion of law that a violation exists according to Section 12-82 of the Miami
Shores Village Code. The violator shall correct the violation by May 6, 2009 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. Quiroga seconded the motion. The vote was in favor
of the motion 5-2, Mr. Asmus and Chairman Vickers voted no.
Case: 9-08-4785
Owner: Ahsha Rolle
Address: 590 NE 96 St.
• Section: 12-133
Violations: Unsightly Fascia, Soffit, House Exterior
•
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. 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 6, 2009 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. Patnik seconded the motion. The vote was in favor
of the motion 4-3, Mr. Asmus, Mr. Quiroga and Mr. Buenconsejo voted no.
Summary Adjudication For ft Hearings:
Case #'s: 10-08-5062; 1-09-5247; 1-09-5280; 1-09-5295; 1-09-5298; 1-09-5301; 1-09-
5308; 1-09-5310; 1-09-5311; 1-09-5312; 1-09-5314; 11-08-5126; 12-08-5136; 2-09-5387;
2-09-5391; 2-09-5402;
Code Enforcement Board 2 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. Asmus 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 1-09-5296; 1-09-5313; 1-
09-5315 and 2-09-5384 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 three days, (March 8th 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. Perl seconded the motion. The vote was
unanimous in favor of the motion 7-0.
PENALTY HEARINGS
Case: 12-08-5166
Owner: William & Daniel Sera
Address: 94 NE 93 St.
The officer, Mike Orta, testified that violations still existed on the property. Pictures were
submitted to the Board as evidence of the violation. The property owner was there to
present his case. He asked for an extension of 28 days to complete all work. The Board
questioned Mr. Sera and after a discussion, Mr. Perl made a motion to approve the request.
Mr. Busta seconded the motion and the vote was in favor of the motion 4-3 Mr. Asmus,
Mr. Patnik and Mr. Buenconsejo voted no.
Code Enforcement Board 3 February 5, 2009
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Summary Adjudication:
Case's #: 10-08-4974; 1-09-5245; 1-09-5246; 12-08-5141; 12-08-5142; 12-08-5175; 12-
08-5199; 9-08-4769; 9-08-4806; 9-08-4808
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.
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. Perl seconded the motion and the vote was unanimous in favor
of the motion 7-0.
REQUEST FOR RELIEF
Case: 1-08-3365
• Owner: Residential Credit Solutions
Address: 440 NE 105 St.
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Julie Sidorevskaya the listing agent for this property was there to present the case. The
board asked several questions and after a discussion, Julie proposed to pay $500.00 within
10 days. The proposal was denied due to lack of a motion.
MINUTES
Mr. Perl moved to accept November 6th 2008 minutes and Mr. Asmus seconded the
motion. The vote was unanimous in favor of the motion 7-0. Mr. Perl moved to accept
December 4th 2008 and February 5th 2009 minutes and Mr. Buenconsejo seconded the
motion. The vote was unanimous in favor of the motion.
NEXT MEETING
The next meeting will be on April 2, 2009.
ADJOURNMENT
Mr. Patnik made a motion for adjournment Mr. Buenconsejo seconded it and the motion
passed unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 4 February 5, 2009