06-04-2009 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday June 4, 2009
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
June 4th, 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
Rod Buenconsejo
Manny Quiroga
Barry Asmus
John Busta
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
John Patnick
Barry Perl
Mr. Sarafan swore in all those participating in the meeting.
FIRST HEARING
Summary Adjudication For 1St Hearings:
Case #'s: 2-09-5375; 2-09-5416; 2-09-5447; 2-09-5449; 2-09-5450; 3-09-5478; 4-09-5576;
4-09-5596; 4-09-5597; 4-09-5598; 4-09-5608; 4-09-5624; 4-09-5627; 4-09-5645; 4-09-
5646; 4-09-5651; 4-09-5668; 4-09-5683; 4-09-5686; 4-09-5688; 5-09-5735; 5-09-5748
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 27 days (July 1St), 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
Code Enforcement Board 1 June 4, 2009
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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 5-0.
Mr. Quiroga made a motion for a summary adjudication of cases 4-09-5607; 4-09-5687 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, (June 14th 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 5-0.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 10-08-5060; 10-08-5061; 1-09-5326; 1-09-5330; 12-08-5146; 2-09-5361; 2-09-
5376; 2-09-5391; 2-09-5396; 2-09-5401; 2-09-5445; 3-09-5486; 3-09-5494; 3-09-5513; 3-
09-5514; 3-09-5525; 3-09-5536; 3-09-5544; 4-09-5641; 4-09-5685
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 5-0.
Code Enforcement Board 2 June 4, 2009
REQUEST FOR RELIEF
Case: 2005-06549; 2005-06550; 2005-06552; 2005-06553; 2005-06554; 12-07-3264; 1-07-
1513
Owner: EMC Mortgage Corp. (rep. Mark Interliccho)
Address: 74 NW 103 St.
The representative, Mark Interliccho was there to present the case. The board asked several
questions and after a discussion, Mr. Interliccho proposed to pay $20,000.00 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 4-1, Mr. Asmus voted no.
Case: 1-07-1512; 7-07-2482; 7-07-2483; 2-08-3710; 2-08-3711
Owner: Lasalle Bank NA (rep. Diana De LaRosa)
Address: 79 NW 97 St.
The representative Diana De LaRosa was there to present the case. The board asked several
questions and after a discussion, Ms. De LaRosa proposed to pay $2,500.00 within 30 days.
Mr. Asmus moved upon receipt of $12,000.00 within 30 days the lien will be released. Mr.
Busta seconded the motion and the vote was unanimous in favor of the motion 5-0.
Case: 10-07-2931; 10-07-2932; 10-07-2933
Owner: TCIF REO GCM, LLC.
Address: 253 NE 101 St.
The representative Joel Freis was there to present the case. The board asked several
questions and after a discussion, Mr. Fries proposed to pay $5,500.00 within 30 days. Mr.
Asmus moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote
was unanimous in favor of the motion 5-0.
Case2-07-1626
Owner: REO Properties Corp. (rep. Sue King)
Address: 29 NE 98 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 $6,500.00 within 60 days. Mr.
Quiroga moved to accept the proposed offer and Mr. Asmus seconded the motion. The vote
was unanimous in favor of the motion 5-0.
Case: 10-07-2910; 12-07-3314; 12-07-3316
Owner: Saxon Mortgage Services
Address: 1050 NE 107 St.
The representative Leonard Retmar was there to present the case. The board asked several
questions and after a discussion, Mr. Retmar proposed to pay $1,000.00 within 30 days.
Mr. Asmus moved upon receipt of $15,000.00 within 30 days the lien will be released. Mr.
Busta seconded the motion. The vote was in favor of the motion 3-2. Mr. Quiroga and Mr.
Buenconsejo voted no.
Code Enforcement Board 3 June 4, 2009
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Case: 12-08-5141
Owner: Louis Vasquez
Address: 10404 NE 3 Ave.
Mr. Vasquez was there to present the case. The board asked several questions and after a
discussion, Mr. Vasquez proposed to pay $150.00 within 30 days. Mr. Buenconsejo moved
to accept the proposed offer and Chairman Vickers seconded the motion. The vote was in
favor of the motion 3-2. Mr. Asmus and Mr. Quiroga voted no.
Case: 4-08-4013
Owner: Deutsche Bank National Trust Company. (rep. Brad Moyers)
Address: 812 NE 92 St.
The representative Brad Moyers was there to present the case. The board asked several
questions and after a discussion, Mr. Moya proposed to pay $1,000.00 within 30 days. Mr.
Asmus moved upon receipt of $2,250.00 within 30 days the lien will be released. Mr.
Quiroga seconded the motion and the vote was unanimous in favor of the motion 5-0.
MINUTES
Mr. Buenconsejo moved to accept May 7th 2009 minutes and Mr. Quiroga seconded the
motion. The vote was unanimous in favor of the motion 5-0.
NEXT MEETING
The next meeting will be on July 2, 2009.
ADJOURNMENT
Chairman Vickers made a motion for adjournment Mr. Asmus seconded it and the motion
passed unanimously 5-0.
Valerie Bierley, Clerk Barry Peri, Vice Chairman
Code Enforcement Board 4 June 4, 2009