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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday October 6, 2011

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 6, 2011, at the

Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

 

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

 

Absent/Excused: Robert Swan.

 

Also in attendance:


Jesus Suarez, Acting Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta, Officer, Code Enforcement

                                              

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

FIRST HEARING

No Property owners or representatives were present for First Hearing

 

Summary Adjudication for 1st Hearings


Case #’s: 2-11-8177; 2-11-8179; 2-11-8181; 5-11-8525; 5-11-8527; 6-11-8706; 6-11-8711; 6-11-8723;
6-11-8741; 8-11-8823; 8-11-8843; 8-11-8877; 8-11-8923; 8-11-8964; 8-11-8965; 8-11-8966; 9-11-8998;
9-11-8999

Chairman Vickers stated that no one has showed or check in for the remaining cases and asked if anyone

else was present for the 1st hearing. No one was present.

 

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

in each of the files.

 

Mr. Perl 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 November 2, 2011 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 respective

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

compliance deadline, 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

 

Case: 6-11-8651
Owner: Silvio & Allan Orozco
Address: 122 NW 110 St
Section: 20-17; 520(i); 537 (a)(3)(4)
Violations: Failure to maintain parkway

 

The officer, Anthony Flores, testified the violations still existed on the property.  The homeowner was

there to present his case. Following discussion by the board Mr. Quiroga made a motion to continue the

case to November 2, 2011 meeting. Mr. Perl seconded the motion and the vote was in favor 4-2. Mr.

Asmus and Mr. Vickers voted no.

 

Summary Adjudication:


Case #’s 3-11-8346; 5-11-8520; 5-11-8549; 5-11-8615; 6-11-8618; 6-11-8653; 7-11-8779;
7-11-8780; 8-11-8848; 8-11-8864

 

Chairman Vickers stated that no one has showed or check in for the remaining cases and asked

if anyone else was present for the penalty hearing.  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. Perl seconded the motion and the

REQUEST FOR RELIEF

Case: 7-07-2384; 7-07-2386
Owner: Wilson & Judy Imbert
Address: 138 NW 108 St

 

Mr. Wilson Imbert was there to present the case. The board asked several questions and after discussion,

Mr. Miller proposed to pay $200.00 within 14 days. After further discussion Mr. Perl moved to accept

$400 within 30 days to release of the above property only, Mr. Vickers seconded the motion. The vote

was 4-2, in favor of the motion. Mr. Asmus and Mr. Buenconsejo voted no.

 

Case: 2005-06450; 5-11-8612
Owner: Jennifer Bienstock
Address: 275 NE 102 St

 

Ms. Bienstock was there to present the case. The board asked several questions and after a discussion,

Mr. Bienstock proposed to pay $200.00 within 5 days. The offer failed for lack of a motion.

 

Case: 11-10-7955
Owner: Charles Fadley
Address: 280 NE 91 St

 

Mr. Fadley was there to present the case. The board asked several questions and after a discussion, Mr. Fadley

proposed to pay $600.00 within 30 days. Mr. Perl moved to accept the proposed amount for the release the

above property only, Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor of the motion 6-0.

 

Case: 6-09-5849
Owner: Tory & Kathryn Garcia
Address: 10504 NW 2 Ave

 

Matthew Muscarelle, Realtor with Power of Attorney was there to present the case on behalf of the

homeowners.  The board asked several questions and after discussion, Mr. Muscarelle proposed to pay $150

within 30 days.  Mr. Perl moved to accept $300 in 30 days to release the above property only, Mr. Quiroga

seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 9-10-7619
Owner: Alba Investments II LLC
Address: 269 NE 100 St

 

Mark Creisler, business owner was there to present the case.  The board asked several questions and after

discussion, Mr. Creisler proposed to pay $1500.00 within days. Mr. Buenconsejo moved to accept the

proposed amount for the above referenced property only, Mr. Perl seconded the motion.  The vote was in

favor of the motion 4-2.  Mr. Patnik and Mr. Vickers voted no.

 

Case: 2-11-8129
Owner: Stephen & Faith Wilpon
Address: 901 NE 97 St

 

Mr. & Mrs. Wilpon were there to present the case.  The board asked several questions and after discussion,

Mr. Asmus moved to release the lien on this property only for no fine, Mr. Patnik seconded the motion. The

vote was in favor of the motion 6-0.

 

Case: 2005-05917
Owner: Paul Mosheim
Address: 1098 NE 96 St

 

Paul Mosheim was there to present the case. The board asked several question and after discussion, Mr.

Mosheim proposed to pay $200 within days.  Mr. Patnik moved to accept the proposed amount within

10 days, Mr. Vickers seconded.  The vote was in denial of the motion 2-4.  Mr. Asmus, Mr. Perl, Mr.

Quiroga & Mr. Buenconsejo voted no.

MINUTES

September 1st, 2011 minutes were approved unanimously.

NEXT MEETING

The next meeting will be on November 3rd, 2011.

ADJOURNMENT

October 6th, 2011 Code Board meeting was adjourned.