05-07-1981 Regular MeetingIS
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CODE ENFORCEMENT BOARD MEETING
May 7, 1981
A meeting of the Code Enforcement Board was held on
May 7, 1981, 7:30 p.m., at the Village Hall, with the following
Board members present:
Franklin E. Grau, Chairman
Donald L. Bednar
Eugene F. Fabian
W. Al Davis
Absent: Edward Schraub
(one vacancy)
Also in attendance were:
Frank LuBien, Code Enforcement Officer
William F, Fann, Jr., Village Attorney
MINUTES.
Minutes of the meeting of April 2, 1981, were approved
as written by motion made by Mr. Davis, seconded by Mr. Bednar
and carried unanimously.
ZONING VIOLATIONS FOR REVIEW:
(1) Dorothy Roache, 425 N. W. 111th St.
Parking commercial vehicle in residential zone.
Case No. 81-284-006.
After reviewing the Affidavit of Violation sent
to Dorothy Roache, Mr. Davis moved that the Board
proceed with this case. The motion was seconded
by Mr. Grau and passed unanimously with the follow-
ing votes cast:
Mr. Fa•ian Aye
Mr. Grau. Aye
Mr. Bednar Aye
Mr. Davis Aye
(2) James Russell, 1061 N. E. 91st Terr.
Parking commercial vehicle in residential zone.
Case No. 81-287-007.
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After reviewing the Af i ad.avit of Violation, Mr.
Davis moved that the Board proceed with this case.
The motion was seconded by Mr. Fabian and passed
unanimously with the following votes cast:
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CODE ENFORCEMENT BOARD MEETING -2- May 7, 1981
Mr. Fabian Aye
Mr. Grau Aye
Mr. Bednar Ave
Mr. Davis Aye
CASE HEARINGS:
(1) Elsie Baioff, 336 N. E. 98th St.
Renting Rooms. Case No. 81-000-004
Miss Baioff was represented by Attorney John G.
Fletcher.
The following persons testified under oath, that
they had first-hand knowledge that Elsie Baioff,
336 N. E. 98th St., is renting rooms and/or
has been renting rooms for several years:
Mr. O. Sam Ackley, Village. Manager
Mr. Carl Springfeld, 347 N. E. 98th St.,
a neighbor
Mrs. Phyllis Moore, 310 N. E. 98th St.,
a neighbor.
Mr. Fletcher argued that the Board could not make
a Findings of Fact because no facts were in evidence.
Mr. Bednar moved to adjourn this hearing for a
period not to exceed 31 days to request additional
information in order to reach a Finding of Fact.
The motion was seconded by Mr. Fabian and carried
unanimously by the following votes:
Mr. Fabian Aye
Mr. Grau Aye
Mr. Bednar Aye
Mr. Davis Aye
(2) Anthony DeLucca, 10115 Biscayne Blvd.
Construction of Walls and Fences in Excess of Height
Limitation, without permit, allowing hedges to grow
in excess of height limitation. Case No. 81-178-005.
Mr. DeLucca explained the reason for the wall and
fence being constructed in excess of the limitation
as one of protection for his property and he asked
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CODE ENFORCEMENT BOARD MEETING -3- May 7, 1981
the Board to look at it. Mr. DeLucca cited several
other walls and fences in his neighborhood that
were in excess of the height limiation. He also
asked for a continuance as he was leaving town
within a few days.
Mr. Davis moved that the Board find Mr. DeLucca in
non-compliance with the Order, and that a fine of
$5.00 a day be imposed if he has not complied by
November 1, 1981, or been granted a variance through
channels by that date. The motion was seconded by
Mr. Grau and carried unanimously with the following
votes cast:
Mr. Fabian Aye
Mr. Grau Aye
Mr. Bednar Aye
Mr. Davis Aye
Mr. Davis then asked the Chairman to write the Village
Council requesting that they tighten up and define exactly what
a single family is and what can be done in a residential neighbor-
hood, in order to assigt in compliance with the zoning.
The meeting adjourned at 9:35 p.m.