06-04-1981 Regular Meeting•
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F L OR 1 D A
CODE ENFORCEMENT BOARD MEETING
June 4, 1981
A meeting of the Code Enforcement Board was held on
June 4, 1981, 7:30 p.m., at the Village Hall, with the following
Board members present:
Franklin E. Grau, Chairman (arrived late)
Donald L. Bednar
Eugene F. Fabian
Edgar D. Schraub
W. Al Davis
Julie A. S. Williamson
Absent: None
Also in attendance:
Frank LuBien, Code Enforcement Officer
O. Sam Ackley, Village Manager
Mr. Bednar took the chair in the absence of Mr. Grau.
MINUTES.
Minutes of the meeting of May 7, 1981, were approved as
written by motion made by Mr. Davis, seconded by Mr. Fabian and
carried unanimously.
CASE HEARINGS:
(1) Elsie Baioff, 336 N. E. 98th St.
Renting Rooms. Case No. 81-000-004
Miss Baioff read a statement from her attorney,
John Fletcher, indicating that he had received
notice of the hearing yesterday and could not be
present, that he should have had at least ten days'
notice, and that the hearing should be re -scheduled.
Mr. Fletcher's statement also in.:luded dates
when he would be available for a hearing.
Chairman Bednar pointed out to Miss Baioff that no
special meeting had been called and therefore the
hearing was to be continued within 31 days of the
last meeting, in accordance with action taken at the
meeting. Chairman Bednar directed that the hearing
be continued.
410 After swearing in the witness, Mr. LuBien presented
Richard Paul Baron who testified that he was not
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CODE ENFORCEMENT MEETING
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related to anyone living at 336 N. E. 98th St., that
he had lived there from September 18, 1980 until
December 4, 1980, and paid rent of $50.00 a week for
11 weeks with a $50.00 deposit; that he knew of others
living there under similar circumstances: R. N. Early,
license plate SPT 112 Fla., and a Canadian by the
name of Anatole. Mr. Baron stated that he had rent
receipts to prove his statement.
Mr. Grau assumed chairmanship of the meeting at this
point and Mr. Bednar moved that the Board find Miss
Baioff in violation of the zoning ordinance that pro-
hibits the renting of rooms, and at this time that
the Board request that the violation be corrected
within 30 days, or thereafter a fine of $10.00 a day
be imposed until the violation is corrected. The
motion was seconded by Mr. Davis. Mr. Fabian argued
that the fine should be $50.00 or $100.00 a day because
of the weekly income she is receiving.
Mr. Bednar did not wish to change his motion. After
further discussion Mr. Davis moved that the question
be called. This was carried unanimously by the
following Board members whose presence at the last
meeting was required for voting: Eugene F. Fabian,
Franklin E. Grau, Donald L. Bednar and W. Al Davis.
The previous motion was then passed with the following
vote:
Mr. Fabian Aye
Mr. Grau Aye
Mr. Bednar Aye
Mr. Davis Aye
Mr. Bednar moved that Findings of Facts be added to
the records of this case to include the renting of
rooms on testimony of a witness and the Village Manager,
and that the single family residence is being used
for a business enterprise, and people other than those
related to Miss Baioff are living there. The motion
was seconded by Mr. Fabian and carried with the following
vote:
Mr. Fabian Aye
Mr. Grau Aye
Mr. Bednar Aye
Mr. Davis Aye
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CODE ENFORCEMENT BOARD MEETING - 3 - June 4, 1981
Chairman Grau advised Miss Baioff that she is
renting a single family house in violation of
the Village Code and has 30 days to correct this
situation and after that time there is a $10.00
a day fine, and that her attorney has the right
to appeal to the courts.
CASE HEARINGS contd:
(2) Dorothy Roache, 425 N.W. 111th St.
Parking Commercial Vehicle in Residential Zone.
Mr. LuBien reported that Dorothy Roache had been
notified of the hearing and that he has a receipt
of this notification. Other notices of the violation
had been sent on 3/21/81 and on 12/15/80. Mr. LuBien
also presented photos of the cab of a semi -tractor
parked on the right-of-way taken on 3/31/81 and on
4/16/81 and that he had beenadvised by residents
that the vehicle was there during this period.
After some discussion Mr. Davis moved the Board enact
a fine of $10.00 per day until this person appears
before the Code Enforcement Board on these charges
and either stipulate that the truck is not her's,
or. that it is gone and will never reappear, and then
we will reconsider the case. Mr. Bednar asked to
amend the motion to send her notification as soon as
possible that she appear at the next Board meeting
or the Board will impose a $10.00 a day fine on the day
following the next meeting. The amendment was accepted
and the motion seconded by Julie Williamson. The
amended motion was then passed with the votes:
Mr. Fabian Aye
Mr. Schraub No
Mr. Grau Aye
Mr.Bednar Aye
Mrs. Williamson Aye
Mr. Davis Aye
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CODE ENFORCEMENT BOARD MEETING -4- June 4, 1981
(3) James Russell, 1061 N. E. 91st Terr.
Parking Commercial Vehicle in residential zone.
Case No. 81-287-007.
The following persons attended in answer to the
violation: James Russell, William E. Brown and
Kevin David Miles.
Mr. LuBien reported that there is a van and a
pick-up truck used in connection with a plumbing
business being parked at the above address.
Notices of violation were sent on 12/16/80,
1/14/80 and 4/16/81. Photos were given in
evidence that the trucks were there. Mr. Russell
claimed that he just stops in or makes trips to
his home, and that these trucks are not garaged
at his home, they are left at his business at
767 N. E. 79th St. Mr. LuBien stated that he had
received a call that the trucks were there over
the Memorial Day weekend.
After further discussion Mr. Davis moved that
Mr. Russell is not in violation and that the
Board dismiss the case. The motion was seconded
by Mr. Fabian and carried with the following vote:
Mr. Fabian Aye
Mr. Schraub Aye
Mr. Grau Aye
Mr. Bednar Aye
Ms. Williamson Aye
Mr. Davis Aye
(4) Robert J. Iozia, 440 N. E. 91st St.
Request for time extension on re -roofing with tile.
Case No. 81-183-003.
Mr. Iozia asked for an extension of time to comply
with the ordinance as he is filing against the
contractor and the insurance company involved.
After some discussion Mr. Davis moved that Mr.
Iozia be given an extension of 60 days from this
date to either comply with the ruling or reappear
and ask for another extension and have his attorney
present to show that a case had been filed.
An amendment was offered by Mr. Bednar to the effect
that he be given 30 days to show documentation of
the legal proceedings. This was accepted with the
60 days to reappear with additional papers filed
as of that date. The motion was seconded and
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CODE ENFORCEMENT BOARD MEETING -5- June 4, 1981
passed unanimously with the following vote:
Mr. Fabian Aye
Mr. Schraub Ave
Mr. Grau Aye
Mr. Bednar Aye
Ms. Williamson Aye
Mr. Davis Aye
Mr. LuBien reported that he will not be available
on July 2nd for the next scheduled meeting. Mr. Davis moved
that the meeting for July be cancelled and that the next regular
meeting be held on August 6, 1918. Ms. Williamson seconded
and motion and proposed an amendment that copies of Mr. Iozia's papers
be made available. This was accepted and the amended motion
was carried unanimously.
Mr. Davis moved that the Chairman be instructed to
draft a letter to be sent to the Police Chief stating that they
should be brought into our cases on violations of vehicular
parking prior to have them come before the Board. The motion
was seconded by Ms. Williamson and carried with the following
vote:
Mr. Fabian Aye
Mr. Grau No
Mr. Bednar Aye
Ms. Williamson Aye
Mr. Davis Aye
Mr. Schraub had left the meeting.
The meeting adjourned at 8:50 p.m.
Approve