07-01-2010 Regular Meetingf
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday July 1St 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
July 1St, 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
Barry Perl
Rod Buenconsejo
John Patnik
ALSO PRESENT: Jorge Martinez Deputy 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. Martinez
FIRST HEARING
Case: 4-10-7011
Owner: Gustavo Rodriguez
Address: 560 NW 113 St.
Section: 536/537
Violations: Landscaping design and maintenance
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation existed on the property. Pictures were submitted as evidence. The owner, Mr.
Rodriguez 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) 536/537 of the Miami Shores Village Code. The violator shall correct the
violation by July 15, 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 6-0.
Code Enforcement Board 1 July 1, 2010
Case: 4-10-7013
Owner: Gustavo Rodriguez
Address: 560 NW 113 St.
Section: 400/401
Violations: Violation of Schedule of Regulations
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation existed on the property. Pictures were submitted as evidence. The owner, Mr.
Rodriguez 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) 400/401 of the Miami Shores Village Code. The violator shall correct the
violation by August 1, 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. Buenconsejo seconded the
motion. The vote was unanimous in favor of the motion 6-0.
Case: 4-10-7025
Owner: Gustavo Rodriguez
Address: 560 NW 113 St.
Section: 400/401
• Violations: Violation of Schedule of Regulations
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation existed on the property. Pictures were submitted as evidence. The owner, Mr.
Rodriguez 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) 400/401 of the Miami Shores Village Code. The violator shall correct the
violation by September 1, 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. Asmus seconded
the motion. The vote was unanimous in favor of the motion 6-0.
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Summary Adjudication For 1st Hearings:
Case #'s: 3-10-6937; 4-10-7046; 4-10-7073; 5-10-7091; 5-10-7092; 5-10-7102; 5-10-7121;
5-10-7125; 5-10-7144; 5-10-7210; 6-10-7239; 6-10-7240; 6-10-7243; 6-10-7245; 6-10-
7246; 6-10-7270; 6-10-7272; 9-09-6240;
Code Enforcement Board 2 July 1, 2010
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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. Swan 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 August 4, 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.
PENALTY HEARINGS
Summary Adjudication:
Case's #: 1-10-6658; 2-10-6719; 3-10-6809; 3-10-6858; 3-10-6885; 3-10-6887; 3-10-6889;
3-10-6890; 3-10-6891; 3-10-6892; 3-10-6932; 3-10-6933; 4-08-3964; 4-10-6980; 4-10-
• 7029; 4-10-7031; 4-10-7034; 4-10-7035; 4-10-7075; 5-10-7115; 5-10-7116; 5-10-7129; 5-
10-7143; 5-10-7150
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. 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 6-0.
REQUEST FOR RELIEF
Case: 4-09-5570; 4-09-5571
• Owner: Dusa Acquisitions LLC.
Address: 103 NW 103 St.
Code Enforcement Board 3 July 1, 2010
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Mr. Spellacy, was there to present the case. The board asked several questions and after a
discussion, Mr. Spellacy proposed to pay $1,000.00 within 10 days. The offer was denied
due to lack of motion.
Case: 5-09-5749
Owner: George Davitian
Address: 85 NW 102 St.
Mr. Davitian was there to present the case. The board asked several questions and after a
discussion, Mr. Davitian proposed to pay $1,500.00 within 30 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 in favor of the motion 5-1. Chairman
Vickers voted no.
MINUTES
Mr. Swan moved to accept June 3rd, 2010 minutes and Mr. Perl seconded the motion. The
vote was unanimous in favor of the motion 6-0.
NEXT MEETING
The next meeting will be on August 5, 2010.
ADJOURNMENT
Mr. Asmus made a motion for adjournment Mr. Perl seconded it and the motion passed
unanimously 6-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 4 July 1, 2010