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08-06-1981 Regular Meetingaiami Jhores9Illage F L OR ID A CODE ENFORCEMENT BOARD MEETING August 6, 1981 A meeting of the Code Enforcement Board was held on August 6, 1981, 7:30 p.m., at the Village Hall, with the follow- ing Board members present: Franklin E. Grau, Chairman 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 MINUTES. Mr. Davis moved approval of the minutes of June 4, 1981. The motion was seconded by Ms. Williamson. Chairman Grau stated that he would like his vote on the last page of the minutes regard- ing the letter to the Police Chief, to be changed to Aye as he hadn't meant to vote No. The minutes were then approved with this amendment. CONTINUATION: (1) Case No. 81-000-004 Elsie Baioff, 336 N. E. 98th St., renting rooms A request for stay was received from John G. Fletcher, attorney for Miss Baioff, pending her appeal to the Circuit Court. Mr. Davis moved that on the request of Mr. Fletcher, without being able to be here,that the Board grant a stay until the next meeting and at that time notification be given to Mr. Fletcher, Miss Baioff and Mr. Ackley. The motion was seconded by Mr. Bednar, and the following vote was taken: Mr. Fabian Now Mr. Schraub Abstained Mr. Grau No Mr. Bednar Aye Ms. Williamson No Mr. Davis Aye The motion failed. • a/dLiamj cfhorec9 lage F L OR ID A CODE ENFORCEMENT MEETING -2- Ms. Williamson moved that it be is the intent of the Board that as of 30 days from the date the This motion was seconded by Mr. unanimously with the following Mr. Mr. Mr. Mr. Ms. Mr. Fabian Schraub Grau Bednar Williamson Davis Aye Aye Aye Aye Aye Aye August 6, 1981 clarified that it the fine is running order was given. Fabian and passed vote: Mr. Bednar moved that a letter be written to Mr. Fletcher, Miss Baioff and Mr. Ackley, advising that Mr. Fletcher's request for a stay has been deferred to the next scheduled Board meeting and that his request is being put on our agenda, with date of the next meeting, and copies of these motions. This motion was seconded by Mr. Davis and carried unanimously with the following vote: Mr. Mr. Mr. Mr. Ms. Mr. Fabian Aye Schraub Aye Grau Aye Bednar Aye Williamson Aye Davis Aye CONTINUATION: (2) Case No. 81-284-006 Dorothy Roache, 425 N. W. 111th St., parking commercial vehicle in residential zone. Mr. LuBien reported that the violation had been removed, and that the owner, who couldn't be here tonight, had stated that the house was rented and that the tenant whd had created the violation was no longer there. Mr. Davis moved that this case No. 81-284-006 be removed from the agenda and no action be taken. The motion was seconded by Mr. Fabian and carried • liami chores9Illage F L OR t D A CODE ENFORCEMENT MEETING -3- August 6, 1981 unanimously with the following vote: Mr. Fabian Aye Mr. Schraub Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye (3) REQUEST FOR TIME EXTENSION - Case No. 81-183-003 Robert J. Iozia, 440 N. E. 91st St., non -conform- ing roof. Mr. Iozia had submitted copy of a Complaint for Damages that he stated his attorney had filed in County Court attempting to be reimbursed by the contractor for constructing a non -conforming roof without permit. Mr. David stated that he didn't think it was the intent of the Board to make money for the Village but to levy fines to get a specific complaint taken care of, and he thought the Board ought to extend the amount of time that it takes for this case to go through the courts of Dade Co. Ms. Williamson pointed out that the papers were not complete, that the Board should have information as to whether or not the defendent had been served, or if service has been attempted. Ms. Williamson then moved that this matter be continued until our next regular scheduled meeting and that we be furnished within 7 days of the meeting a letter from Mr. Iozia's attorneys Walton and Garrick, or attorney of record at that time, enclosing a copy of all of the filings in the case Iozia vs. Birt Construction Co. The motion was seconded by Mr, Fabian and carried with the following vote: Mr. Fabian Aye Mr. Schraub Aye Mr. Grau Aye Mr, Bednar No Ms. Williamson Aye Mr. Davis No Mr. Bednar stated that he had voted no because he didn't think we had received a fair deal from Mr. Iozia. • • • 4iiami cfhores9Illage F L OR ID q CODE ENFORCEMENT MEETING -4- (4) VIOLATION FOR REVIEW: Case No. 81-383-008, Robert W. 10300 N. Miami Ave., condition Mr. LuBien reported that this violation, he has now trimmed has no garbage cans. Mr. BednarVthat this case for a hearing at the next was seconded by Mr. Davis as follows: Mr. Mr. Mr. Mr. Ms. Mr. Fabian Schrabb Grau Bednar Williamson Davis August 6, 1981 Collins of yard and hedge. is a continuing the hedge but still be put on the agenda meeting. The motion and carried unanimously Aye Aye Aye Aye Aye Yes. (5) VIOLATION FOR REVIEW: Case No. 81-362-009, Philip Katzman 260 N. W. 112th Terr., carport being used as a workshop. Mr. LuBien made a report on this case as having made some correction but not complete. Mr. Davis moved that the hearing be put on the next agenda. The motion was seconded by Mr. Bednar and carried unanimously as follows: Mr. Mr. Mr. Mr. Ms. Mr. Fabian Schraub Grau Bednar Williamson Davis Aye Aye Aye Aye Aye Aye (6.) VIOLATION FOR REVIEW: Case No. 81-352-010, Glenys Diaz, 141 N. W. 99th St., excavation in rear yard. Mr. LuBien reported that an excavation had been started in the rear yard (approximately 12 sq. ft. x 7 sq. ft.) and left open since April, owner has disappeared. Mr. Davis moved that Mr. LuBien be • • • Miami ckoi1lA CODE ENFORCEMENT BOARD MEETING -5- August 6, 1981 instructed to proceed to find out who owns the house now and give them notice to fill in the hole. Mr. Bednar seconded the motion and Ms. Williamson offered an amendment that they also be asked to clean up the front yard. This was accepted by Mr. Davis. Following a discussion Mr. Davis changed his motion that the Board instruct Mr. LuBien to go ahead and give the new owners a notice of violation and that it be put on the next agenda so that the Board can proceed with the case if nothing is done. This motion was seconded by Mr. Schraub and carried unanimously: Mr. Mr. Mr. Mr. Ms. Mr. Fabian Schraub Grau Bednar Williamson Davis Aye Aye Aye Aye Aye Aye (7) VIOLATION FOR REVIEW: Case No. 81-375-011, Rafael Garcia, 1441 N. E. 101st Street, hedge in excess of height limitation. Following Mr. LuBien's report on this case Mr. Davis moved that the Board proceed to the next step and instruct Mr. Garcia to appear before the Board on the violation. The motion was seconded Mr. Bednar and carried as follows: Mr. Mr. Mr. Mr. Ms. Mr. Fabian Schraub Grau Bednar Williamson Davis Aye Abstained Aye Aye Aye Aye Mr. Grau reported that he had written the letter to Mr. Ackley as agreed by the Board. • Miami cShore 9 lage F L OR ID A CODE ENFORCEMENT BOARD MEETING -6- August 6, 1981 ?/ illage 1'erk The Board acknowledged receipt of a copy of the Minimum Housing ordinance and Mr. Ackley explained the background of the ordinance and how it can be effective. The meeting adjourned at 9:05 p.m. • l Approved: •