01-07-2010 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday January 7th, 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
January 7th, 2010, 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
Barry Perl
Barry Asmus
Robert Swan
John Patnik
Rod Buenconsejo
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT: Manny Quiroga
All witnesses were sworn in by the Village Attorney, Mr. Sarafan.
FIRST HEARING
Case: 8-09-6115
Owner: Victor & Elizabeth Oharriz
Address: 276 NE 105 St.
Section: 12-128; 12-133
Violations: Weather/Water tight structure; Unsightly Fascia, Soffit, House Exterior
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,
Mrs. Oharriz 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 12-128; 12-133 of the Miami Shores Village Code. The violator shall correct the
violation by March 3, 2010 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 December 3, 2009
Summary Adjudication For 1st Hearings:
• Case #'s: 10-09-6370; 10-09-6429; 10-09-6437; 10-09-6442; 10-09-6462; 10-09-6468; 10-
09-6470; 10-09-6471; 10-09-6474; 10-09-6475; 11-09-6519; 11-09-6524; 11-09-6529; 12-
09-6567; 12-09-6569; 8-09-6087; 8-09-6103; 8-09-6120; 9-09-6212; 9-09-6268; 9-09-
6306; 9-09-6307
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 February 3rd 2010 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 6-0.
• Case #'s: 11-09-6523; 11-09-6536; 11-09-6543;
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 January 12th, 2010 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 6-0.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 10-09-6341; 10-09-6411; 10-09-6458; 10-09-6461; 11-09-6480; 11-09-6487; 11-
09-6491; 6-09-5829; 9-09-6269; 9-09-6314; 9-09-6315; 9-09-6320;
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 December 3, 2009
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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 Depai tment.
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. Asmus seconded the motion and the vote was unanimous in
favor of the motion 6-0.
REQUEST FOR RELIEF
Case: 9-07-2702
Owner: Jacqueline Butler
Address: 1461 NE 102 St.
Mrs. Butler was there to present the case. The board asked several questions and after a
discussion, Mrs. Butler proposed to pay $7,500.00 within 30 days. Mr. Asmus moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted
no.
MINUTES
Mr. Asmus moved to accept December 3'd 2009 minutes and Mr. Buenconsejo seconded
the motion. The vote was unanimous in favor of the motion 6-0.
NEXT MEETING
The next meeting will be on February 4, 2009.
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Patnik seconded it and the motion passed
unanimously 6-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 3 December 3, 2009