CODE ENFORCEMENT BOARD MEETING MINUTES Thursday March 1, 2012

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 1, 2012, at the Miami

Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Manny Quiroga.

 

Roll Call: Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga,

Rod Buenconsejo, Robert Vickers.                           

 

Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk

 

All witnesses were sworn in by the Village Attorney, Mr. Sarafan.

FIRST HEARING

Case: 12-11-9291
Owner: Mark & Deborah Greenberg
Address: 485 NE 94 St
Section: 20-17; 536 (a) (b); 537(a) (3) (4)
Violation: Failure to Maintain Parkway

 

Officer Mike Orta stated when case was established and gave background information regarding case.

Mr. Greenberg asked Mr. Orta questions regarding his property. Mr. Chairman addressed Mr. Greenberg

regarding presentation. Mr. Greenberg presented Pictures of what his property looks like. Mr. Vickers

asked Mr. Greenberg questions regarding swale and looks of property. Board members discussed property

and asked Mr. Greenberg questions. Mr. Sarafan read what codes states.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.

With respect to case 12-11-9291 I move for a finding of fact and conclusion of law that a violation exists of section

20-17; 536 (a) (b); 537(a) (3) (4) of the Miami Shores village code, the offending party will correct all such violations

within 30 days and will immediately notify the code enforcement officer when the property is brought into compliance.

If the violation is not brought into compliance within such time periods, the code enforcement officer may report this back

to the Board and in such an event 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 a day retroactive to the original

compliance deadline, which will constitute a lien on the property of the violator also a $30.00 staff’s administrative

fee, to recoup the village’s expenses in prosecuting the violations to date.

 

Discussion by board on the motion.

 

Vote: Yes: Robert Vickers., John Patnik, Barry Asmus, Barry Perl, Rod Buenconsejo,

No: Robert Swan, Manny Quiroga.

Motion passed (summary: Yes = 5, No = 2, Abstain = 0).

 

Case: 11-11-9179; 11-11-9180; 11-11-9182
Owner: John Rodriguez
Address: 29 NW 107 St.
Section: 536 (a)/ 537 (a) (1) (2) (3) 20-17; 536 (a) (b) 537(a) (3) (4)
Section: 12-82
Section: 20-31
Violation: Failure to maintain parkway
Violation: Nondwelling Structures & Fences
Violation: Failure to maintain sidewalk.

 

Mr. John Rodriguez was present to state his case and Mr. Flores gave background information regarding property.

Mr. Rodriguez mentioned the steps and measures he is taking to correct violations but will need 1yr to correct

violation completely. Board members questioned Mr. Rodriguez. 

 

Motion: With respect to case 11-11-9179 I move for a finding of fact and conclusion of law that a violation exists

of code section 536 (a)/ 537 (a)(1)(2)(3) 20-17, 536 (a)(b) 537(a)(3)(4) of the Miami Shores Village Code, the

offending party will correct the violation by May 01, 2012 and will immediately notify the code enforcement officer

when the property is brought into compliance. 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 respective

daily amount of $50 a day retroactive to the original compliance deadline, which will constitute a lien on the property

of the violator also a $30.00 staff’s administrative fee , to recoup the village’s expenses in prosecuting the violations to date.

Action: Accept, Moved by Barry Perl, Barry Asmus seconded.

 

Motion: Motion: With respect to case 11-11-9180 I move for a finding of fact and conclusion of law that a violation

exists of code section 12-82 of the Miami Shores Village Code, the offending party will correct the violation by

May 01, 2012 and will immediately notify the code enforcement officer when the property is brought into

compliance. 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 respective daily amount of $50 a day retroactive

to the original compliance deadline, which will constitute a lien on the property of the violator also a $30.00 staff’s

administrative fee , to recoup the village’s expenses in prosecuting the violations to date.

 

Action: Accept, Moved by Barry Perl, Barry Asmus seconded.

 

 Motion: Motion: With respect to case 11-11-9182 I move for a finding of fact and conclusion of law that a violation

exists of code section 20-31 of the Miami Shores Village Code, the offending party will correct the violation by

April 04, 2012 and will immediately notify the code enforcement officer when the property is brought into compliance.

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 respective daily amount of $50 a day retroactive to the original

compliance deadline, which will constitute a lien on the property of the violator also a $30.00 staff’s administrative

fee , to recoup the village’s expenses in prosecuting the violations to date

 

Action: Accept, Moved by Barry Perl, Barry Asmus seconded.

 

Vote: Motion carried by unanimous vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

 

Case: 10-11-9115
Owner: Arturo & Catherine Salow
Address: 10634 NE 10 Ct.
Section: 20-17; 536 (a) (b); 537(a) (3) (4)
Violation: Unsightly Fascia, Soffit, House Exterior

 

Mr. Flores gave background information. Mr. Salow was present and stated he was in the process of clearing up

violation and wanted to make sure the time given by code officer was enforced.

 

Motion: With respect to case 10-11-9115 I move for a finding of fact and conclusion of law that a violation exists

of code section 12-13 of the Miami Shores Village Code the offending party will correct the violation by April 04,

2012 and will immediately notify the code enforcement officer when the property is brought into compliance. 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 respective daily amount of $50 a day retroactive to the original

compliance deadline, which will constitute a lien on the property of the violator also a $30.00 staff’s administrative

fee , to recoup the village’s expenses in prosecuting the violations to date

 

Action: Accept, Moved by Barry Perl, Barry Asmus seconded.

Vote: Motion carried by unanimous vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

Summary Adjudication for 1st Hearings

Case #’s: 10-11-9069; 10-11-9125;11-11-9204;11-11-9212;11-11-9214;11-11-9215;11-11-9217-11-11-9226;
1-12-9432;1-12-9434;1-12-9436;12-11-9283;12-11-9289;2-12-9556;2-12-9558;2-12-9601;9-11-8992.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation

exists in each of the files.

 

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 within the time period specified by staff in the staff recommendations

in this hearing and shall 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 respective daily

amount specified in the staff recommendation for tonight hearing retroactive to the original compliance date

which will constitute a lien on the property of the violator further with respect to each such case cost in the

amounts specified in staff’s recommendation for tonight’s hearing are hereby assessed in order to recoup the

village’s expenses in prosecuting the violations to date.

 

Action: Accept, Moved by Rod Buenconsejo, Robert Vickers seconded.

Vote: Motion carried by unanimous vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

PENALTY HEARINGS

Chairman Quiroga stated that no one has showed for penalty hearing and reads all addresses with violations.

Summary Adjudication:

Case #’s 10-11-9077;10-11-9078;10-11-9087;10-11-9090;10-11-9091;10-11-9092;10-11-9120;11-11-9197;
11-11-9203;11-11-9210;12-11-9244;12-11-9268;12-11-9279;12-11-9287;12-11-9290;12-11-9292;3-11-8346;
5-11-8597;8-11-8827;8-11-8829;8-11-8973.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in

each of the files.

Summary Adjudication for Penalty Hearings:

Motion: I move 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 within the time period specified by staff in the staff recommendations in this hearing and shall

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 respective daily amount specified in the staff recommendation for tonight

hearing retroactive to the original compliance date which will constitute a lien on the property of the violator further

with respect to each such case cost in the amounts specified in staff’s recommendation for tonight’s hearing are

hereby assessed in order to recoup the village’s expenses in prosecuting the violations to date

 

Action: Accept, Moved by Barry Perl, Rod Buenconsejo seconded.

Vote: Motion carried by unanimous vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

5 minute intermission.

REQUEST FOR RELIEF

Case: 1-11-8109
Owner: Alison Humbles
Address: 300 NW 112 Terrace

 

Mr. Chairman gave a summary of the case.  Mr. Kelley as P.O.A was present on behalf of Ms. Humbles.

The house was occupied by a tenant but owner was aware of violation and had contact with Mr. Flores.

The board asked questions regarding property. Offer amended to $1500 payable within 30 days.

 

Motion: Accept $1500 payable within 30 days and release lien on this property and this property only.

Moved by Robert Vickers, Robert Swan seconded.

Vote: Motion carried by unanimous vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

 

Case: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630
Owner: Louis Rosa. C/o Maria Rosa Address: 1172 NE 103 St.

 

Mrs. Rosa was present to testify regarding property. Stated why property was not in compliance. Mr. Sarafan

read previous information regarding property and previous requests for relief. The board asked several questions

and after discussion, owner offers to pay $2000 within 10 days.

 

Motion: Accept. I Move upon receipt of $2500 payable within 30 days that the lien on 631 Jefferson

Avenue, Apt. 404, is released and that $2500 be applied to the balance of 1172 NE 103st. Discussion by

board about amount offered.

Moved by Barry Perl, Robert Vickers, Seconded.

Vote: Robert Vickers, Robert Swan, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga, YES

John Patnik, NO.          

Motion Passed  (summary: Yes=6, No=1)

 

Case: 4-10-7035; 9-10-7730; 4-09-5645
Owner: Irwin Perolman
P.O.A. Edward Miller
Address: 2 NE 108 St.

 

Mr. Edward Miller was present to state case, he is buying property. Stated how he has cleaned up property.

Board members questioned Mr. Miller and after discussion offer to pay $ 6500 payable within 30 days.

 

Motion: Accept offer of $6500 payable within 30 days and release lien on this property only.

Moved by Robert Vickers, Barry Asmus seconded.

Vote: Motion carried by unanimous vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

 

Case: 7-10-7450
Owner: Steven Ritter
Address: 29 NW 105 St.

 

Mr. Ritter and Mr. Howard were present to state case. Mr. Chairman gave background information on case.

Mr. Howard, attorney for Mr. Ritter gave information on why the owner was not in compliance but was

working with company to get into compliance. A litigation is currently pending because of contractor‘s

scam. Board members questioned Mr. Ritter and after discussion offer to pay $500 payable within 10 days.

 

Motion: Counter offer to accept $2000 within payable within 30 days and release lien on this property and

this property only.

Moved by Barry Asmus, Rod Buenconsejo seconded.

Vote: Barry Asmus, Rod Buenconsejo, YES

Robert Vickers, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, NO.

Motion failed.  (summary: Yes: 2, No: 5)

 

Motion: Offer to accept $500 payable within 30 days and release lien on this property and this property only.

Moved by Barry Perl, Robert Swan Seconded.

Vote: Barry Perl, Robert Swan, YES

Robert Vickers, John Patnik, Barry Asmus, Rod Buenconsejo, Manny Quiroga. NO

Motion failed (summary: Yes: 2, No: 5)

 

Case: 5-11-8549
Owner: Carlos Cedano
Address: 715 NE 91 St. #3A

 

Mr. Cedano was present to state the case. Mr. Chairman gave background information on case. Mr.

Cedano’s friend was present and stated that violation was inherited. Board members asked questions

regarding property and homeowner offers to pay $350 payable within 30 days.

 

Motion: Accept $350 payable within 30 days and release lien on this property and this property only.

Moved by Robert Vickers, Robert Swan Seconded.

Vote: Robert Vickers, John Patnick, Robert Swan, Barry Perl, Manny Quiroga. YES

Rod Buenconsejo, Barry Asmus. NO

Motion passed: (summary Yes: 5, No: 2)

 

Case: 4-08-3984
Owner: James & Janis E. Spinney
Address: 770 NE 91st. #1

 

Mr. Spinney was present to state case.  Mr. Asmus gave background information on case. Mr. Spinney

stated he had a new offer and did not dispute violation just wants to resolve the issue. Board members

discussed issue regarding violations and summarized what transpired at the last meeting. Offer to pay

$2000 payable within 30 days.

 

Motion: Accept offer of $2000 payable within 30 days on this property and this property only.

Moved by Robert Vickers, Robert Swan seconded.

Vote: Robert Vickers, John Patnick, Robert Swan, Barry Perl, Rod Buenconsejo, Manny Quiroga, YES

Barry Asmus, NO

Motion passed: (summary Yes: 6, No: 1)

 

Case: 11-09-6479
Owner: Alan Soven
Address: 1215 NE 95 St.

 

Mr. Soven was present to state case and stated this violation was inherited and he repaired property

and brought it into compliance before legally becoming the owner. Board members asked Mr. Soven

questions regarding property. Offer to pay $500 within 10 days.

 

Motion: Offer to accept $500 payable within 10 days and release lien on this property and this property only.

Moved by Rod Buenconsejo, Robert Swan seconded.

Vote: Rod Buenconsejo, Robert Swan, YES

Robert Vickers, John Patnick, Barry Asmus, Barry Perl, Manny Quiroga, NO

Motion failed:  (summary Yes: 2, No: 5)

 

Case: 7-08-4567
Owner: Claudia Rebelo
Address: 353 NE 94 St.

 

Mr. Chairman gave background information. Ms. Rebelo was present to state case and stated her

delay in coming into compliance. Mr. Orta gave background information regarding property as well.

Board members discuss length of time she was in violation. Offer to pay $1500 payable 30 days.

 

Motion: Offer to accept $1500 payable within 30 days and release lien on this property and this property only.

Moved by Robert Swan, No second.

Motion failed for lack of second.

 

Motion: Accept $2500 payable within 30 days and release lien on this property and this property only.

Moved by Robert Vickers, Rod Buenconsejo Seconded.

Vote: Robert Vickers, John Patnik, Robert Swan, Barry Asmus, Rod Buenconsejo. YES

Manny Quiroga, Barry Perl. NO

Motion passed:  (summary Yes: 5, No: 2)

 

Case: 1-10-6643
Owner: Georg Ketelhohn
Address: 185 NW 107 St.

 

Mr. Chairman gave background information. Mr. Ketelhohn was present to state case and stated

he did everything possible to come into compliance by pulling permits and appearing before planning

and zoning board. Board members discussed and asked questions regarding violations. Owner amends

offer to $1090 payable within 30 days.

 

Motion: Accept offer of $1090 payable within 30 days and release lien on this property and this property only.

Moved by Barry Perl, Rod Buenconsejo seconded.

Vote: Robert Vickers, John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo, Manny Quiroga, YES.

Barry Asmus, NO

MINUTES

Motion:  Tabled minutes to next meeting and clarify vote on property address 49 NW 108 St. Property

Owner, Wells Fargo Bank, NA.

NEXT MEETING

The next meeting will be on April 05, 2012

Motion: to ADJOURN

Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.