03-04-2010 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday March 4th, 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
March 4th, 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 Asmus
Robert Swan
John Patnik
Manny Quiroga
Barry Perl
Rod Buenconsejo
ALSO PRESENT: Jesus Suarez, Deputy Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
All witnesses were sworn in by the Deputy Attorney, Mr. Suarez.
FIRST HEARING
S3&n _aff(Th)
Case: 11-09-6488
Owner: William Burgeson
Address: 1618 NE 105 St.
Section: 6-1; 6-4(a)
Violations: Adoption of technical code; 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.
Burgeson 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(s) 6-1;6-4(a) of the Miami Shores Village Code. The violator shall correct the
violation by March 31, 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. Perl seconded the motion. The vote was
unanimous in favor of the motion 7-0.
Code Enforcement Board 1 March 4, 2010
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Case: 3-09-5549
Owner: Thecel & Paulone Richardson
Address: 61 NE 93 St
Section: 521(b)1(d)
Violations: Lack of off street parking
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, Mr.
Richardson 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(s) 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the
violation by March 31, 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. Asmus seconded the motion. The vote
was unanimous in favor of the motion 7-0.
Summary Adjudication For 1St Hearings:
Case #'s: 11-09-6518; 2-10-6665; 2-10-6667; 2-10-6693; 2-10-6710; 2-10-6754; 2-10-
6757; 2-10-6765; 4-09-5623; 8-09-6019
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 by March 31, 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. Buenconsejo
seconded the motion. The vote was unanimous in favor of the motion 7-0.
Case #'s: 2-10-6695
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 by March 14, 2010 and will immediately notify the code enforcement officer
Code Enforcement Board 2 March 4, 2010
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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
$250.00 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 #: 10-09-6362; 1-10-6605; 1-10-6606; 1-10-6612; 1-10-6630; 11-09-6479; 11-09-
6484; 12-09-6577; 12-09-6591; 12-09-6592; 12-09-6601; 4-09-5606; 6-09-5826
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. 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. Quiroga seconded the motion and the vote was unanimous in
favor of the motion 7-0.
REQUEST FOR RELIEF
Case: 4-09-5613; 7-09-5963
Owner: Citibank
Address: 173 NW 99 St.
Mr. Blanco, was there to present the case. The board asked several questions and after a
discussion, Mr. Blanco proposed to pay $2,500.00 within 30 days. The proposed amount
was denied due to lack of motion.
Case: 12-09-6567
Owner: Howard Stowe
Address: 79 NE 93 St.
Mr. Stowe was there to present the case. The board asked several questions and after a
discussion, Mr. Stowe proposed to pay $250.00 within 10 days. Mr. Perl moved to accept
the proposed amount for release of the above referenced property only, and Mr. Asmus
seconded the motion. The vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 3 March 4, 2010
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MINUTES
Mr. Asmus moved to accept February 4th 2010 minutes 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 April 1, 2010.
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Vickers seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 4 March 4, 2010