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09-03-1981 Regular Meetingaiami mrhores9illage F L OR ID q CODE ENFORCEMENT BOARD MEETING September 3, 1981 A meeting of the Miami Shores Village Code Enforce- ment Board was held on September 3, 1981, 7:3!) 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 Julie A. S. Williamson Absent: Edgar D. Schraub Also in attendance: Frank LuBien, Code Enforcement Officer MINUTES. Minutes of the meeting of August 6, 1981, were approved as written by motion made by Mr. Davis, seconded by Mr. Fabian and passed unanimously. CONTINUATION: (1) Case No. 81-000-004 Elsie Baioff, 336 N. E. 98th St., renting rooms Mr. John Fletcher, attorney for Miss Baioff, was present in regard to his request for a Stay, and stated that the case was being appealed to the Circuit Court and in the meantime he was asking for a stay until the outcome of the case. Mr. Bednar stated that from the Board's point of view rental of rooms is in iolation of the ordinance and he recommended a hearing to determine if she is still in violation. He then moved that the Board hold a subsequent hearing and have a determination made of continuance of the violation with the fine to be levied and held in escrow pending the appeal. This motion was seconded by Mr. Fabian. However, after discussion it was withdrawn. Ms. Williamson stated that there was no evidence of conformance but she thought the Board did not need to hold another meeting on this issue, - that the Board needs a statement or affidavit as to conformance. In referring to the Statute she advised that when the affidavit is filed or given, that the • i iami .ihores9illage F L 0 R 1 O A CODE ENFORCEMENT BOARD MEETING -2- September 3, 1981 fine begins to run at that point. Mr. Bednar moved that the request for stay be denied. The motion was seconded by Mr. Fabian and passed unanimously as recorded: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye Mr. LuBien was directed to file an affidavit. Attorney Fletcher stated that he wants to be heard again on this affidavit before a fine is imposed. Mr. Bednar concluded that the fine cannot be imposed until the Board has a substantiating affidavit that the violation is continuing. CONTINUATION: (2) Case No. 81-183-003 Robert J. Iozia, 440 N. E. 91 St., unlawful roof. Request for time extension - at the last meeting Mr. Iozia was given time to furnish the Board with copies of all filings in his case against the roofer. Ms. Williamson stated that she did not think the case was being diligently prosecuted, based on the document he had filed with the Board. Mr. Bednar moved that the extension not be considered until documentation is received as to sheriff's receipt for service, documents on attempts to serve or failure to serve summons and evidence of communication with the delay in service. Failure to receive this documentation by next regular meeting of the Board in October will result in the denial of a further time extension and the fine will begin on that date. The motion was seconded by Mr. Davis and carried unanimously with the following vote: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye • • • iami cfhores9illage F L OR ID A CODE ENFORCEMENT BOARD MEETING -3- September 3, 1981 HEARING: (3) Case No. 81-383-008 Robert W. Collins, 10300 N. Miami Ave. Unsightly yard oversize hedge. Mr. LuBien reported that the hedge was still in violation and there were no garbage cans. Mr. Collins stated he had not been notified of any violations until August 17, 1981, that the other notices had been sent to the wrong address. Mr. Collins claimed that he did not know what the height of hedges should be, that he did not live at that address. Mr. Davis moved to give Mr. Collins until the next meeting of October 1st to comply with the ordinance of Miami Shores and at that time if he has not a fine will be assessed of $10.00 a day. The motion was seconded by Mr. Fabian. Mr. Bednar offered an amendment to the motion that Mr. Collins be given three weeks to comply. This was accepted and unanimously carried as follows: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye HEARING: (4) Case No. 81-383-008 Philip Katzman, 260 N. W. 112 Terr. Unsightly carport. Mr. Katzman stated he is planning to close in the front of the carport‘to hide some of the things that are being stored there. After several motions were made and withdrawn Mr. Bednar moved that all items in the carport be removed except the cabinets by September 15th and that the cabinets be removed by November 30th; failure to do so o $10.00 a .defy fine be imposed. The motion was seconded • • ?'iiami cShores9illage F L 0 R 10 A CODE ENFORCEMENT BOARD MEETING -4- September 3, 1981 by Mr. Davis and passed unanimously with the following vote: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye HEARING: (5) Case No. 81-362-011 Rafael Garcia, 1441 N. E. 101 St., oversize hedge. Mr. Garcia was sent Notice of Violation on high hedges in front, side and rear yards. Mr. Garcia reported that he had been working on the side yard hedges to bring them in compliance and petitioned for some latitude in the law. He contended that the rear shrubbery was not a hedge but trees. Discussion followed as to what constitutes a hedge. Mr. Bednar moved that the members of the Board make an inspection of the premises to make a determination on rear hedge which will be re -scheduled for the next meeting. The motion was seconded by Mr. Davis and carried unanimously as follows: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye A five minute recess was called at this time. AFFIDAVIT: (_6) Case No. 111-40'3-012 Louis 0. Trach, 409 N. W. 111th Terr. S't'oring inoperative vehicles. Mr. LuBien reported on inoperative vehicles being left in the rear yard and on the front right-of-way. • Mr. Davis moved that the Board proceed with the next step. The motion was seconded by Ms. Williamson and carried • aiami ..rhores9illage F L OR ID A CODE ENFORCEMENT BOARD MEETING -5- September 3, 1981 unanimously as follows: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye AFFIDAVIT: (7) Case No. 81-394-013 Ruby M. Goode, 300 N. E. 101st St. Unsightly yard - oversize hedge. Mr. LuBien reported that the yard has been cleaned up but not within the time limit and the unsightly yard has existed off and on for about a year. After some discussion about repeated violations Mr. Davis moved that the Board proceed with the next step on this case. The motion was seconded by Mr. Bednar and passed with the following vote: Mr. Fabian No Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye AFFIDAVIT: (8) Case No. 81-390-014 Maurice Gelina, 960 N. E. 92nd St. Oversize boat - Commercial Vehicle Mr. LuBien reported that there is a Red van belonging to Pantry Pride parked on the right-of-way on a regular basis and an oversize boat on the premises. Mr. Fabian moved that the Board proceed with the next step in this case. The motion was seconded by Ms.Williamson and passed with the following vote: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis stepped down and abstained. (9) Case No. 81-422-015 Murray & Marina Polway, 9250 N. E. 10th Court. Operating business - excessive vehicles. • • Miami cJhores9illage F L OR t D q CODE ENFORCEMENT BOARD MEETING -6- September 3, 1981 Mr. LuBien reported that Mrs. Polvay, according to the neighbors, is using her home for a cooking school and catering service. Ms. Williamson moved that the Board proceed to the next step. The motion was seconded by Mr. Davis and passed with the following vote: Mr. Fabian Aye Mr. Grau Aye Mr. Bednar Aye Ms. Williamson Aye Mr. Davis Aye AFFIDAVIT & HEARING: 10. Case No. 81-448-016 Equitable Life Assurance Society (formerly Glenys Diaz) 141 N. W. 99th St. Mr. LuBien reported that this is the property where the owner had dug a large hold in the rear, allowed the yard to become overgrown and sub- sequently turned the property over to the Equitable Life company, that the hole has been filled in but t -yard has not been cut. Mr. vis oved that they be given a 30 -day extension. The ion was seconded by Mr. Bednar and passed with the following vote: Mr. Fabian Mr. Grau Mr. Bednar Ms. Williamson Mr. Davis Aye Aye Aye Aye Aye Mr. Davis asked that Mr. LuBien make a recommendation on certain cases with reasons, and that a vehicle is inoperative because The meeting adjourned at 10:35 p.m. Village erk Approved: