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.
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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
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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.
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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
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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.
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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:
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