09-02-2010 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday September 2nd 2010
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
September 2nd, 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 Q(3•)
Manny Quiroga
Barry Perl
Rod Buenconsejo
John Patnik
ALSO PRESENT: Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT: Barry Asmus
Robert Swan
All witnesses were sworn in by the Village Attorney, Mr. Sarafan
FIRST HEARING
Summary Adjudication For 1st Hearings:
Case #'s: 4-10-7063; 5-10-7209; 6-10-7247; 6-10-7302; 6-10-7308; 6-10-7326; 6-10-7338;
7-10-7352; 7-10-7361; 7-10-7423; 7-10-7450; 7-10-7454; 7-10-7490; 7-10-7502; 8-10-
7533; 8-10-7548; 8-10-7553
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 October 6, 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. Perl seconded the
motion. The vote was unanimous in favor of the motion 5-0.
Code Enforcement Board 1 September 2, 2010
PENALTY HEARINGS
Summary Adjudication:
Case's #: 3-08-3785; 3-08-3787; 3-10-6948; 4-10-6987; 5-10-7190; 5-10-7213; 5-10-7214;
6-10-7237; 6-10-7256; 6-10-7316; 6-10-7321; 7-10-7344; 7-10-7349; 7-10-7353; 7-10-
7356; 7-10-7357; 7-10-7365; 7-10-7369; 7-10-7371
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 5-0.
REQUEST FOR RELIEF
Case: 9-07-2588
Owner: Nadia DeLaPlane
Address: 9400 NW 2 Ave.
Mrs. DeLaPlane was there to request an extension on her previously accepted, proposed
amount to pay $5,000.00 within 30 days. The board asked several questions and after a
discussion, Mr. Perl moved to accept $5,000.00 within 120 days. Mr. Quiroga seconded the
motion and the vote was unanimous in favor of the motion 5-0.
Case: 3-08-3891; 9-08-4893
Owner: Novastar Mortgage Funding Trust
Address: 78 NE 107 St.
Mr. Blakeman was there to present the case. The board asked several questions and after a
discussion, Mr. Blakeman proposed to pay $5,000.00 within 10 days. Mr. Perl moved to
accept the proposed amount for release of the above referenced property only, and
Chairman Vickers seconded the motion. The vote was not in favor of the motion 2-3. Mr.
Patnik, Mr. Quiroga and Mr. Buenconsejo voted no.
Code Enforcement Board 2 September 2, 2010
Case: 10-09-6398; 9-08-4808; 9-09-6215
Owner: Central Mortgage Company
Address: 1279 NW 97 St.
Ms. Moran was there to present the case. The board asked several questions and after a
discussion, Ms. Moran proposed to pay $7,060.00 within 30 days. Mr. Buenconsejo moved
to accept the proposed amount for release of the above referenced property only, and Mr.
Perl seconded the motion. The vote was unanimous in favor of the motion 5-0.
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, Ms. Phillipeaux proposed to pay $400.00 within 30 days. Mr. Quiroga moved
to accept the proposed amount. The offer was denied due to lack of second.
Case: 2542; 3647
Owner: Sarah Shepherd
Address: 1276 NE 93 St.
Mr. Shepherd was there to present the case. The board asked several questions and after a
discussion, Mr. Shepherd proposed to pay $3,500.00 within 10 days. Mr. Quiroga moved to
accept the proposed amount for release of the above referenced property only, and Mr.
Patnik seconded the motion. The vote was in favor of the motion 4-1. Mr. Perl voted no.
MINUTES
Mr. Buenconsejo moved to accept August 5th, 2010 minutes and Mr. Perl seconded the
motion. The vote was unanimous in favor of the motion 5-0.
NEXT MEETING
The next meeting will be on October 7th, 2010.
ADJOURNMENT
Mr. Buenconsejo made a motion for adjournment Mr. Perl seconded it and the motion
passed unanimously 5-0.
Valerie Bierley, Clerk Robert Vickers, Chairman
Code Enforcement Board 3 September 2, 2010