06-03-2010 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday June 3rd, 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
June 3rd, 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
Manny Quiroga
Barry Perl
Rod Buenconsejo
ALSO PRESENT: Richard Sarafan Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT: John Patnik
All witnesses were sworn in by the Village Attorney, Mr. Sarafan
FIRST HEARING
Case: 12-09-6585
Owner: John Peterson
Address: 893 NE 96 St.
Section: 521(b)(1)a; 521(b) 1(d)
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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. Peterson 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 existed according to Section(s)
521(b)(1)a; 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the
violation by June 30, 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 June 3rd 2010
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Case: 4-10-6982
Owner: Armando Ortega
Address: 118 NW 100 Tr.
Section: 521(b)1(d); 13-1; 501(k)
Violations: Parking on Grass; Storage of inoperable vehicle; Junk Car on Premises
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. Ortega
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)
521(b)1(d); 13-1; 501(k) of the Miami Shores Village Code. The violator shall correct the
violation by June 13, 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 $250.00 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. Quiroga seconded the motion.
The vote was in favor of the motion 5-1, Mr. Asmus voted no.
Summary Adjudication For 1st Hearings:
Case #'s: 1-10-6658; 2-10-6783; 3-10-6797; 3-10-6798; 3-10-6858; 3-10-6881; 3-10-6884;
3-10-6885; 3-10-6887; 3-10-6889; 3-10-6890; 3-10-6891; 3-10-6892; 3-10-6930; 3-10-
6932; 3-10-6933; 4-10-6965; 4-10-6980; 4-10-7029; 4-10-7031; 4-10-7034; 4-10-7035; 4-
10-7075; 5-10-7090; 5-10-7115; 5-10-7116; 5-10-7129; 5-10-7143; 5-10-7150; 9-09-6230;
9-09-6251
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 June 30, 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 6-0.
Code Enforcement Board 2 June 3rd 2010
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Mr. Quiroga made a motion for a summary adjudication of case 5-10-7147 to include a
finding of fact and conclusion of law that a violation did exist as charged in the respective
notice of violation issued therein and that, in this case, the offending party corrected the
violation. If the violation re -occurs, 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. Asmus seconded
the motion. The vote was unanimous in favor of the motion 6-0.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 10-09-6391; 1-10-6654; 11-09-6488; 11-09-6540; 2-10-6679; 2-10-6688; 2-10-
6747; 3-10-6799; 3-10-6812; 3-10-6813; 3-10-6814; 3-10-6815; 3-10-6841; 3-10-6866; 3-
10-6882; 3-10-6883; 3-10-6940; 3-10-6941; 4-10-6954; 4-10-6983; 4-10-6985; 7-08-4567;
7-09-5970; 8-09-6115; 9-09-6179; 9-09-6302
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 6-0.
REQUEST FOR RELIEF
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 $5,000.00 within 30 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 6-0.
Code Enforcement Board 3 June 31'12010
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Case: 4-08-4099; 10-08-5060; 10-08-5061; 10-08-5062; 10-08-5063; 10-08-5064; 10-08-
5066; 10-08-5067
Owner: JP Morgan Chase Bank; rep. Gary Resnick Esq.
Address: 9302 NW 2 Ct.
Mr. Resnick was there to present the case. The board asked several questions and after a
discussion, Mr. Resnick proposed to pay $14,781.00 within 30 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 in favor of the motion 5-1. Chairman Vickers voted no.
Case: 8-09-6103; 8-09-6119; 8-09-6120
Owner: Rodney Carey
Address: 145 NE 110 St.
Mr. Carey was there to present the case. The board asked several questions and after a
discussion, Mr. Carey proposed to pay $3,000.00 within 30 days. Mr. Asmus moved to
accept the proposed amount for release of the above referenced property only, Mr. Perl
seconded the motion and the vote was unanimous with the motion 6-0.
MINUTES
Mr. Quiroga moved to accept May 6th, 2010 minutes and Mr. Asmus seconded the motion.
The vote was unanimous in favor of the motion 6-0.
NEXT MEETING
The next meeting will be on July 1, 2010.
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Swan seconded it and the motion passed
unanimously 6-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 4 June 3rd 2010