05-07-2009 Regular MeetingJP
•
•
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday May 7, 2009
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
April 211d, 2009, at the Miami Shores Village Hall. The meeting was called to order at 6:00
p.m. by Vice Chairman, Barry Perl.
PRESENT:
Robert Vickers, Chairman
Barry Perl Vice Chairman
John Patnik
Rod Buenconsejo
Manny Quiroga
Barry Asmus
John Busta
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
Summary Adjudication For 1st Hearings:
Case #'s: 10-08-5060; 10-08-5061; 1-09-5326; 1-09-5330; 12-08-5146; 2-09-5361; 2-
095376; 2-09-5379; 2-09-5396; 2-09-5401; 2-09-5414; 2-09-5445; 2-09-5452; 3-09-5486;
3-09-5494; 3-09-5513; 3-09-5514; 3-09-5525; 3-09-5536; 3-09-5537; 3-09-5544; 4-09-
5641; 4-09-5643; 4-09-5685;
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
Code Enforcement Board 1
April 2, 2009
•
•
•
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 staffs 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 12-08-5220; 3-09-5476;
2-09-5448 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 Ten days, (May 17th 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 7-0.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 2-09-5372; 2-09-5377; 2-09-5382; 2-09-5444; 2-09-5455; 2-09-5456; 2-09-5460;
2-09-5461; 3-08-3739; 3-08-3740; 3-08-3741
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. Quiroga 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.
Code Enforcement Board 2 April 2, 2009
•
REQUEST FOR RELIEF
•
Case: 2-07-1626
Owner: REO Properties Corp.
Address: 52 NW 111 St.
The representative, Sue King was there to present the case. The board asked several
questions and after a discussion, Ms. King proposed to pay $3,250.00 within 60 days. The
proposal was denied due to lack of a motion.
Case: 7-07-2452
Owner: JP Morgan Chase
Address: 901 NE 91 Tr.
The representative Mr. Kevin Berman was there to present the case. The board asked
several questions and after a discussion, Mr. Berman proposed to pay $2.100.00 within 10
days. The proposal was denied due to lack of a motion.
Case: 4-08-4155
Owner: David Obregon
Address: 10400 N. Miami Ave.
The owner, Mr. Obregon was there to present the case. The board asked several questions
and after a discussion, Mr. Obregon proposed to pay $150.00 within 10 days. The proposal
was denied due to lack of a motion.
Case2-07-1589
Owner: Donald and Beverly McCorquodale
Address: 29 NE 98 St.
Mr. McCorquodale was there to present the case. The board asked several questions and
after a discussion, Mr. McCorquodale proposed to pay $4,000.00 within 10 days. Mr.
Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion.
The vote was in favor of the motion 5-2. Mr. Patnik and Mr. Perl voted no.
Case: 10-06-1262; 10-06-1263; 10-06-1264; 10-06-1265
Owner: Bart Coia
Address: 1060 NE 105 St.
Mr. Coia was there to present the case. The board asked several questions and after a
discussion, Mr. Coia proposed to pay $2,500.00 within 30 days. Mr. Buenconsejo moved to
accept the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the
motion 5-2. Mr. Asmus and Mr. Patnik voted no.
Code Enforcement Board 3 April 2, 2009
•
•
Case: 2003-04605
Owner: Delicieux Mede
Address: 174 NW 106 St.
Mr. Mede was there to present the case. The board asked several questions and after a
discussion, Mr. Mede proposed to pay $1,000.00 within 60 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: 1-08-3365
Owner: Residential Credit Solutions (rep. Julie Sidorevskaya)
Address: 440 NE 105 St.
Ms. Sidorevskaya was there to present the case. The board asked several questions and
after a discussion, Ms. Sidorevskaya proposed to pay $2,000.00 within 10 days. Mr.
Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The
vote was in favor of the motion 5-2. Chairman Vickers and Mr. Perl voted no.
Case: 11-07-3129
Owner: DTJ Investments LLC (manager Frank Silverstien)
Address: 350 NW 112 Tr.
Mr. Silverstien was there to present the case. The board asked several questions and after a
discussion, Mr. Silverstien proposed to pay $5,000.00 within 10 days. Mr. Asmus moved to
accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the
motion 5-2. Mr. Perl and Chairman Vickers voted no.
Case: 6-08-4437
Owner: Jeff Burnside
Address: 290 NE 98 St.
Mr. Burnside was there to present the case. The board asked several questions and after a
discussion, Mr. Burnside proposed to pay $500.00 within 30 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. Chairman Vickers voted no.
Case: 7-07-2492; 7-08-4476; 7-08-4479; 7-07-2491; 9-07-2570; 12-08-5175
Owner: Merril Lynch Mortgage Lending Inc. / Wilshire Credit Corporation / Attorney in
fact South Star I, LLC
Address: 9338 NW 2 Ave.
Ms. Lopez de Castro was there to present the case. The board asked several questions and
after a discussion, Ms. Lopez de Castro proposed to pay $10,000.00 within 10 days. Mr.
Asmus moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote
was in favor of the motion 4-3. Chairman Vickers, Mr Perl and Mr Buenconsejo voted no.
Code Enforcement Board 4 April 2, 2009
•
MINUTES
Mr. Buenconsejo moved to accept April 2nd 2009 minutes and Mr. Asmus seconded the
motion. The vote was unanimous in favor of the motion 7-0.
NEXT MEETING
The next meeting will be on June 4, 2009.
ADJOURNMENT
Mr. Quiroga made a motion for adjournment Mr. Asmus seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Barry Perl, Vice Chairman
Code Enforcement Board 5 April 2, 2009