09-03-2009 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday September 3rd, 2009
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
September 3rd, 2009, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Robert Vickers.
ctSYVIclS
PRESENT:
Robert Vickers, Chairman
Barry Perl
Manny Quiroga
Barry Asmus
John Busta
John Patnik
Rod Buenconsejo
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case: 6-09-5851
Owner: Sean Phillips
Address: 210 NW 105 St.
Section: 6-4(a)
Violations: Unauthorized Construction/Expired Permits
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. The owner, Mr.
Phillips was there to present the case. Following discussion by the Board, Mr. Busta moved
for a finding of fact and a conclusion of law that a violation exists according to Section 6-
4(a) of the Miami Shores Village Code. The violator shall correct the violation by
September 30, 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 August 6, 2009
Summary Adjudication For 1st Hearings:
• Case #'s: 11-08-5129; 3-09-5495; 3-09-5543; 4-09-5633; 5-09-5754; 5-09-5764; 6-09-
5774; 6-09-5837; 6-09-5839; 6-09-5840; 6-09-5888; 6-09-5889; 7-09-5949; 7-09-5954; 7-
09-5970; 7-09-6005; 8-09-6039; 8-09-6044; 8-09-6045; 8-09-6047; 8-09-6049; 8-09-6050;
8-09-6051; 9-08-4784
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. Perl 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 by September 30th, 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 staffs administrative fee. Mr.
Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.
Case #'s: 7-09-5995; 8-09-6027
rMr. Perl 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 by September 8t", 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
$150.00 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.
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PENALTY HEARINGS
Summary Adjudication:
Case's #: 2-09-5449; 4-09-5611; 4-09-5613; 5-09-5739; 5-09-5749; 6-09-5772; 6-09-5775;
6-09-5786; 6-09-5849; 6-09-5853; 6-09-5863; 6-09-5890; 6-09-5923; 7-09-5937; 7-09-
5939; 7-09-5948; 7-09-5951; 7-09-5963; 7-09-5986
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
Code Enforcement Board 2 August 6, 2009
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. Perl 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: 4-07-1905; 10-07-2827
Owner: RCS REO I, LLC. (Brian Cowell)
Address: 1160 NE 91 Tr.
The representative, Brian Cowell was there to present the case. The board asked several
questions and after a discussion, Mr. Cowell proposed to pay $5,000 within 45 days. Mr.
Buenconsejo moved to accept the proposed amount for release of the above referenced
property only and Mr. Quiroga seconded the motion. The vote was in favor of the motion
6-1. Chairman Vickers voted no.
410 Case: 10-08-4974
Owner: Chris & Natalia Hunt
Address: 54 NE 100 St.
•
The home owner Mr. Hunt was there to present the case. The board asked several questions
and after a discussion, Mr. Hunt proposed to pay $500.00 within 10 days. Mr. Buenconsejo
moved to accept the proposed amount for release of the above referenced property only,
and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl
voted no.
Case: 927
Owner: Jack & Patricia Ardisson
Address: 636 NE 101 St.
The home owner, Mr. Ardisson was there to present the case. The board asked several
questions and after a discussion, Mr. Ardisson proposed to pay $400.00 within 5 days. Mr.
Buenconsejo moved upon receipt of $650.00 within 5 days the village will release the
above referenced property only, and Mr. Perl seconded the motion. The vote was
unanimous in favor of the motion 7-0.
Code Enforcement Board 3 August 6, 2009
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Case: 2004-05392; 2004-05394; 4-07-1895; 4-08-4035
Owner: Bayview Loan Services, LLC. (Attorney Nwadike)
Address: 122 NW 110 St.
The attorney, Mr. Nwadike was there to present the case. The board asked several
questions and after a discussion, Mr. Nwadike proposed to pay $500.00 within 30 days. Mr.
Perl moved upon receipt of $18,000.00 within 30 days, the village will release the above
referenced property only. Mr. Quiroga seconded the motion and the vote was unanimous in
favor of the motion 7-0.
Case: 7352
Owner: Christopher Hall
Address: 671 NE 105 St.
Attorney Mr. Kelly was there to present the case. The board asked several questions and
after a discussion, Mr. Kelly proposed to pay $2,500.00 within 10 days. Mr. Quiroga
moved to accept the proposed offer for release of the above referenced property only, and
Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl
voted no.
Case: 2-08-3583; 3-07-1810; 9-08-4792
Owner: Anielka Abea (Josh Cadallac)
Address: 9634 N. Miami Ave.
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Mr. Cadallac was there to present the case. The board asked several questions and after a
i_cpZ discussion, Mr. Cadallac proposed to pay $500.00 within 30 days. Mr. Perl moved upon
‘� 7 receipt of $15,000.00 within 60 days, the village will release the lien on the above
referenced property only. Mr. Asmus seconded the motion and the vote was unanimous in
favor of the motion 7-0.
Case: 7-07-2452
Owner: Michelle Minagorri (Ron Pereira)
Address: 901 NE 91 Tr.
Mr. Pereira was there to present the case. The board asked several questions and after a
discussion, Mr. Pereira proposed to pay $5,000.00 within 30 days. Mr. Asmus moved to
accept the proposed offer for release of the lien on the above referenced property only, and
Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-2. Mr.
Buenconsejo and Mr. Perl voted no.
Case: 11-07-3166
Owner: Homeq Servicing (Don Corpora)
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 offer $7,800.00 within 30 days. Mr. Asmus moved to
accept the proposed offer for release of the above referenced property only, and Mr.
Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 4 August 6, 2009
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MINUTES
Mr. Asmus moved to accept August 6th 2009 minutes with corrections made and Mr.
Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.
NEXT MEETING
The next meeting will be on Oct. 1, 2009.
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Patnik seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
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Code Enforcement Board 5 August 6, 2009