05-06-2010 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday May 6th, 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
May 6th, 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
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All witnesses were sworn in by the Deputy Village Attorney, Mr. Suarez.
FIRST HEARING
Case: 4-10-6958
Owner: Alvaro Morales
Address: 833 NE 96 St.
Section: 520(a)
Violations: Commerical Vehicles
The officer, Mike Orta, explained the nature of the violation and testified that the violation
existed on the property. Pictures were submitted as evidence. The owner, Mr. Morales 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 existed according to Section(s) 520(a) of the
Miami Shores Village Code. The violator shall correct the violation by May 7, 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
$100.00 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 in favor
of the motion 6-1, Mr. Swan voted no.
Code Enforcement Board 1 May 6th 2010
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Case: 3-10-6844
Owner: Sidney Reese Jr.
Address: 9655 Biscayne Blvd.
Section: 12-133
Violations: 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, Mr.
Reese 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(s) 12-
133 of the Miami Shores Village Code. The violator shall correct the violation by Aug 4,
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 in favor of the motion 6-1, Mr. Vickers voted no.
Case: 12-09-6585
Owner: John Peterson
Address: 893 NE 96 St.
Section: 521(b)(1)a ; 521(b)1(d)
Violations: Unlawful loose Materials; Unpaved parking area.
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. Peterson
was there to present the case. Following discussion by the Board, Mr. Swan moved to
extend this case until June 3, 2010. Mr. Asmus seconded the motion. The vote was in favor
of the motion 5-2, Mr. Perl and Mr. Buenconsejo voted no.
Summary Adjudication For 1St Hearings:
Case #'s: 1-10-6653; 1-10-6654; 11-09-6540; 2-10-6679; 2-10-6688; 2-10-6746; 2-10-
6747; 2-10-6776; 2-10-6777; 2-10-6788; 3-10-6799; 3-10-6809; 3-10-6812; 3-10-6813; 3-
10-6814; 3-10-6815; 3-10-6840; 3-10-6841; 3-10-6866; 3-10-6882; 3-10-6883; 3-10-6940;
3-10-6941; 3-10-6948; 4-10-6952; 4-10-6954; 4-10-6960; 4-10-6963; 4-10-6964; 4-10-
6966; 4-10-6983; 4-10-6984; 4-10-6985; 7-08-4567
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.
Code Enforcement Board 2 May 6th 2010
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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 June 3, 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.
PENALTY HEARINGS
Case: 8-09-6067
Owner: George Sidney Pickard
Address: 869 NE 98 St.
The officer, Anthony Flores, testified that violations still existed on the property. Pictures
were submitted to the Board as evidence of the violation. The property owner was there to
present his case. Following discussion by the board Mr. Buenconsejo made a motion to
adjudicate the previously imposed fines. Mr. Perl seconded the motion and the vote was in
favor of the motion 5-2. Mr. Swan and Mr. Quiroga voted no.
Summary Adjudication:
Case's #: 2-10-6734; 2-10-6766; 3-10-6861; 3-10-6862; 3-10-6867; 3-10-6873; 4-09-5633
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 3 May 6th 2010
REQUEST FOR RELIEF
• Case: 5-09-5749
Owner: George Davitian
Address: 85 NW 102 St.
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Mr. Davitian was there to present the case. The board asked several questions and after a
discussion, Mr. Davitian proposed to pay $1,000.00 within 10 days. Mr. Buenconsejo
moved to accept the proposed amount for release of the above referenced property only,
and Mr. Swan seconded the motion. The vote was not in favor of the motion 3-4. Mr.
Asmus, Mr. Patnik, Mr. Perl and Mr. Quiroga voted no.
Case: 10-08-4934
Owner: Duby Avila
Address: 45 NW 103 St.
Mrs. Avila was there to present the case. The board asked several questions and after a
discussion, Mrs. Avila proposed to pay $1,000.00 within 30 days. The proposal was denied
due to lack of motion.
Case: 9-07-2588
Owner: Marie DeLaPlane
Address: 9400 NW 2 Ave.
Mrs. De LaPlane, was there to present the case. The board asked several questions and after
a discussion, Mrs. De LaPlane proposed to pay $5,000.00 within 30 days. Mr. Perl moved
to accept the proposed amount for release of the above referenced property only, Mr.
Asmus seconded the motion and the vote was unanimous with the motion 7-0.
Case: 5-09-5735
Owner: Kris Kachaturian
Address: 360 NE 103 St.
Mr. Kachaturian was there to present the case. The board asked several questions and after
a discussion, Mr. Kachaturian proposed to pay $0.10 within 10 days. Mr. Quiroga moved to
accept the proposed amount for release of the above referenced property only, and Mr. Perl
seconded the motion. The vote was not in favor of the motion 5-2. Mr. Buenconsejo and
Chairman Vickers voted yes.
Case: 7-07-2413; 7-07-2383
Owner: Jaime Gross Trustee
Address: 38 NW 108 St.
Mr. Gross was there to present the case. The board asked several questions and after a
discussion, Mr. Gross proposed to pay $4,000.00 within 10 days. Mr. Quiroga moved to
accept the proposed amount for release of the above referenced property only, Mr. Perl
seconded the motion and the vote was unanimous in favor of the motion 7-0.
Code Enforcement Board 4 May 6th 2010
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Case: 3-08-3777; 3-08-3778
Owner: Joseph Robinson
Address: 150 NW 109 St.
Mr. Robinson, was there to present the case. The board asked several questions and after a
discussion, Mr. Robinson proposed to pay $1,000.00 within 10 days. The proposal was
denied due to lack of motion.
MINUTES
Mr. Asmus moved to accept April 1St, 2010 minutes and Mr. Perl seconded the motion. The
vote was unanimous in favor of the motion 7-0.
NEXT MEETING
The next meeting will be on June 3, 2010.
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Perl seconded it and the motion passed
unanimously 7-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 5 May 6th 2010