04-02-2009 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday April 2, 2009
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
April 2" d, 2009, at the Miami Shores Village Hall. The meeting was called to order at 6:00
p.m. by Vice Chairman, Barry Perl.
PRESENT:
ALSO PRESENT:
ABSENT:
Barry Perl Vice Chairman
John Patnik
Rod Buenconsejo
Manny Quiroga
Barry Asmus
John Busta
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
Robert Vickers, Chairman
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Case:2-09-5461
Owner: Celmar Rosen
Address: 10001 NE 1 Ave.
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. 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 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. Buenconsejo seconded the motion. The vote was
unanimous in favor of the motion 6-0.
Code Enforcement Board 1 April 2, 2009
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Summary Adjudication For 1St Hearings:
Case #'s: 2-09-5372; 2-09-5377; 2-09-5378; 2-09-5381; 2-09-5382; 2-09-5390; 2-09-5392;
2-09-5429; 2-09-5444; 2-09-5455; 2-09-5456; 2-09-5460; 3-08-3739; 3-08-3740; 3-08-
3741; 3-08-3830; 3-09-5493
Vice Chairman Perl 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 in favor of the motion 5-1. Mr. Asmus voted no.
Mr. Quiroga made a motion for a summary adjudication of cases 2-09-5381; 2-09-5382; 3-
09-5493 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, (April 7th 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 $100.00 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 6-0.
PENALTY HEARINGS
Case: 4-08-4155
Owner: David & Doris Obregon
Address: 10400 N Miami Ave.
The officer, Anthony Flores, 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. Following discussion by the board Mr. Quiroga made a motion to
adjudicate the previously imposed fines. Mr. Busta seconded the motion and the vote was
in favor of the motion 5-1 Mr. Asmus voted no.
Code Enforcement Board 2 April 2, 2009
Summary Adjudication:
Case's #: 10-08-5003; 10-08-5004; 10-08-5062; 1-09-5280; 1-09-5295; 1-09-5296; 1-09-
5298; 1-09-5310; 1-09-5311; 1-09-5314; 1-09-5315; 11-07-3112; 11-08-5126; 12-08-5140;
2-09-5384; 2-09-5385; 2-09-5402; 9-08-4815
Vice Chairman Perl 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. Buensonsejo seconded the motion and the vote was unanimous in favor of
the motion 6-0.
REQUEST FOR RELIEF
Case: 10-06-1262; 10-06-1263; 10-06-1264; 10-06-1265
Owner: Bartholomeau Coia
Address: 1060 NE 105 St.
The owner for this property was there to present the case. The board asked several
questions and after a discussion, Mr. Coia proposed to pay $2,500.00 within 45 days. The
proposal was denied due to lack of a motion.
Case: 2000-02013
Owner: Gladys Abreu
Address: 366 NE 99 St.
Ms. Abreu was there to present the case. The board asked several questions and after a
discussion, Ms. Abreu proposed to pay $175.00 within 10 days. Mr. Asmus moved to
accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the
motion 4-2. Mr. Buenconsejo and Mr Perl voted no.
Case: 4-08-4011
Owner: Mark Stose / Mary Whoffer
Address: 295 NE 95 St.
Mr. Nelson Olivia was there to present the case. The board asked several questions and
. after a discussion, Mr. Olivia proposed to pay $300.00 within 10 days. Mr. Buenconsejo
Code Enforcement Board 3 April 2, 2009
moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was not
in favor of the motion 2-4. Mr. Asmus, Mr. Patnik, Mr. Quiroga and Mr. Perl voted no.
Casel 1-07-3166
Owner: Don Corpora (rep)
Address: 242 NW 93 St.
Mr. Corpora was there to present the case. The board asked several questions and after a
discussion, Mr. Corpora proposed to pay $1,425.00 within 10 days. The proposal was
denied due to lack of a motion.
Case: 2005-05481
Owner: Donna Hughes
Address: 10414 N. Miami Ave.
Mrs. Hughes was there to present the case. The board asked several questions and after a
discussion, Mrs. Hughes proposed to pay $5,000.00 within 90 days. Mr. Asmus moved to
accept the proposed offer and Mr. Perl seconded the motion. The vote was unanimous in
favor of the motion 6-0.
Case: 2-07-1589
Owner: Barclays Capital c/o Homeq Servicing
Address: 29 NE 98 St.
Mr. De Armas was there to present the case. The board asked several questions and after a
discussion, Mr. De Armas proposed to pay $3,500.00 within 15 days. Mr. Asmus moved to
accept the proposed offer and Mr. Patnik seconded the motion. The vote was not in favor of
the motion 3-3. Mr. Quiroga, Mr. Buenconsejo and Mr. Perl voted no.
MINUTES
Mr. Buenconsejo moved to accept March 5t" 2009 minutes and Mr. Quiroga seconded the
motion. The vote was unanimous in favor of the motion 6-0.
NEXT MEETING
The next meeting will be on May 7, 2009.
ADJOURNMENT
Mr. Quiroga made a motion for adjournment Mr. Buenconsejo seconded it and the motion
passed unanimously 6-0.
Valerie Bierley, Clerk Barry Perl, Vice Chairman
Code Enforcement Board 4 April 2, 2009
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