08-05-2010 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES
Thursday August 5th 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
August 5th, 2010, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Vice Chairman, Barry Perl
PRESENT:
Manny Quiroga
Barry Asmus
Robert Swan
Barry Perl Vice Chairman
Rod Buenconsejo
John Patnik
tot ,1u:
P.+LAV
ALSO PRESENT: Jesus Suarez Deputy Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
Norman Bruhn
ABSENT: Robert Vickers, Chairman
All witnesses were sworn in by the Deputy Village Attorney, Mr. Suarez
FIRST HEARING
Case: 6-10-7306
Owner: JDF Logistics
Address: 52 NW 111 St.
Section: 6-4
Violations: Permits- Application generally
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.
Fernandez 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) 6-4 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 $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 August 5th 2010
•
•
Case: 7-10-7370
Owner: Bridget Coleman
Address: 118 NW 103 St.
Section: 6-4(a); 6-1
Violations: Adoption of technical code (Florida bldg code)
Unauthorized Construction/Expired Permit
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.
Coleman was there to present the case. Following discussion by the Board, Mr. Swan
moved for a finding of fact and a conclusion of law that a violation existed according to
Section(s) 6-4(a); 6-1 of the Miami Shores Village Code. The violator shall correct the
violation by October 5, 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. Quiroga seconded the motion. The vote
was unanimous in favor of the motion 6-0.
Case: 7-10-7354
Owner: Magdalena & Lester Jensen
Address: 1299 NE 104 St.
Section: 6-1; 6-4(a)
Violations: Unauthorized Construction/Expired Permit
Adoption of technical code (Florida bldg code)
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.
Jensen 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) 6-1; 6-4(a) of the Miami Shores Village Code. The violator shall correct the
violation by October 6, 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.
Case: 7-10-7348
Owner: Marvin Gunn
Address: 9150 N Bayshore Dr.
Section: 6-4(a); 6-1
Violations: Unauthorized Construction/Expired Permit
Adoption of technical code (Florida bldg code)
Code Enforcement Board 2 August 5th 2010
•
•
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.
Gunn was there to present the case. Following discussion by the Board, Mr. Swan moved
for a finding of fact and a conclusion November 5, 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 5-1. Mr. Quiroga
voted no.
Summary Adjudication For 1st Hearings:
Case #'s: 1-10-6643; 11-09-6506; 2-10-6741; 2-10-6769; 4-10-6987; 4-10-7047; 5-10-
7185; 5-10-7187; 5-10-7190; 5-10-7213; 5-10-7214; 6-10-7237; 6-10-7256; 6-10-7316; 6-
10-7321; 6-10-7329; 7-10-7344; 7-10-7349; 7-10-7353; 7-10-7356; 7-10-7357; 7-10-7358;
7-10-7360; 7-10-7365; 7-10-7368; 7-10-7369; 7-10-7371
Vice Chairman Perl 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 September 1, 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 #: 4-10-7046; 4-10-7073; 5-10-7091; 5-10-7092; 5-10-7121; 5-10-7125; 5-10-7210;
6-10-7239; 6-10-7243; 6-10-7245; 6-10-7246; 6-10-7272;
Code Enforcement Board 3 August 5th 2010
•
•
•
Vice Chairman Perl 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 unposed 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: 2-07-1584; 3-10-6862
Owner: Rose Belizaire
Address: 130 NW 102 St.
Mr. Alcindor, was there to present the case. The board asked several questions and after a
discussion, Mr. Alcindor proposed to pay $1,500.00 within 60 days. The offer was denied
due to lack of motion.
Case: 10-09-6398; 9-08-4808; 9-09-6215
Owner: Central Mortgage Company
Address: 1279 NW 97 St.
Ms. Soza was there to present the case. The board asked several questions and after a
discussion, Ms. Soza proposed to pay $2,780.00 within 30 days. Mr. Swan moved to accept
the proposed amount for release of the above referenced property only, and Mr. Quiroga
seconded the motion. The vote was not in favor of the motion 2-4. Mr. Asmus, Mr. Patnik,
Mr. Buenconsejo and Vice Chairman Perl voted no.
Case: 4-09-5570; 4-09-5571
Owner: Dusa Acquisitions LLC.
Address: 103 NW 103 St.
Mr. Spalacey was there to present the case. The board asked several questions and after a
discussion, Ms. Spalacey proposed to pay $4,500.00 within 14 days. Mr. Quiroga 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 4-2. Mr. Patnik,
and Vice Chairman Perl voted no.
Code Enforcement Board 4 August 5h 2010
•
Case: 1-07-1473; 5-09-5727; 5-09-5728; 5-09-5729
Owner: Benchy Pillipeaux
Address: 11028 NW 2 Ave.
Ms Phillipeaux, was there to present the case. The board asked several questions and after a
discussion, Mr. Phillipeaux proposed to pay $350.00 within 10 days. The offer was denied
due to lack of motion.
Case: 2542; 3647
Owner: Sarah Sheperd
Address: 1276 NE 93 St.
Mr. Sheperd was there to present the case. The board asked several questions and after a
discussion, Mr. Sheperd proposed to pay $3,000.00 within 10 days. Mr. Patnik 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 3-3. Mr. Asmus, Mr.
Buenconsejo and Vice Chairman Perl voted no.
MINUTES
Mr. Buenconsejo moved to accept July 1st, 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 September 2nd, 2010.
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 5 August 5th 2010