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10-01-1981 Regular Meetingcliami jko11ID A CODE ENFORCEMENT BOARD MEETING October 1, 1981 A meeting of the Miami Shores Village Code Enforcement Board was held on October 1, 1981, 7:30 p.m., at the Village Hall, with the following Board members present: Franklin E. Grau, Chairman Eugene F. Fabian W. Al Davis Julie A. S. Williamson Absent: Donald L. Bednar Edgar D. Schraub Also in attendance: Frank LuBien, Code Enforcement Officer MINUTES. Minutes of the meeting of September 3, 1981, were approved as written by motion made by Mr. Davis, seconded by Mr. Fabian and carried unanimously. (1) AFFIDAVIT OF NON-COMPLIANCE, Case. No. 81-000-004 Elsie Baioff, 336 N. E. 98th St., renting rooms Mr. LuBien reported on securing the name, license number and address of a person living at Miss Baioff's home, who is not related to her and attested to by a previous witness as a renter. Information had been received from the Village Attorney that Miss Baioff's attorney has secured a Stay in the case from the Circuit Court. Ms. Williamson moved that this case be put on the next agenda for a progress report, The motion was seconded by Mr. Davis and carried unanimously. (2) Request for time extension, Case No. 81-183-003 Robert J. Iozia, 440 N. E. 91st St., unlawful roof. A copy of a deed was given to the Board showing that Mr. Iozia had sold his home as of July 30, 1981. In August Mr. Iozia had requested a time extension on his non -conforming roof on the basis of his alleged legal proceedings against his roofer. In September action was delayed on the time extension pending further evidence of suit against the roofer. Mr. Davis moved that the fine as levied originally at $10.00 a day be reinstituted, from April 2, 1981 and continue until the roof is repaired to meet our Code and • 10/1/81 iiami ghores` 1llage F L OR ID q -2- that Mr. LuBien be instructed to notify the new owners of the house that the roof is not in compliance and will have to be fixed. The motion was seconded by Ms. Williamson who suggested that the Village Attorney bevto see if it is advisable to notify the present owners. contacted The motion passed unanimously with the following vote: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis Yes. (:3) REPORT - Case No. 81-383-008, Robert W. Collins 10300 N. Miami Ave.,' unsightly yard, oversize hedge. reported Mr. LuBien that the lawn had been cut, the hedge height corrected and they have secured a garbage container, that they are now in compliance. Mr. Davis moved that this case be removed from the agenda and a Compliance form be issued. The motion was seconded by Mr. Fabian and passed with the following vote: Mr. Fabian Yes. Mr. Grau Yes Ms. Williamson Yes Mr. Davis Yes (4) REPORT - Case No, 81-362-009, Philip Katzman, 260 N. E. 112 Terr, unsightly carport. Mr. LuBien reported that Mr. Katzman has complied with the clean-up and he still has until November 30th to remove the cabinets. Mr. Davis moved that the case be removed from the agenda and a Compliance Order issued when the cabinets are removed. The motion was seconded by Ms. Williamson and passed with the following vote: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis Yes (5) REPORT - Case No. 81-375-011, Rafael Garcia, 1441 N. E. 101st St., 'oversize hedge. Mr. LuBien reported that the Board was to make a determination after inspecting the premises as to whether or not the growth was in fact a hedge. Nothing • • 10/1/81 iami cThores' Xllage F L OR ID A -3- has been done to the hedge. Mr. Davis stated that he still believes they are in - compliance with the Code and that it is not a hedge. Mr. Davis then moved that the trees in Case No. 81-375-011 are trees and in compliance with the Code of Miami Shores. Ms. Williamson seconded the motion for discussion, and added that it can be made to comply by breaking the solid plantings every six feet. The motion failed to carry as indicated by the following vote: Mr. Fabian No Mr. Grau No Ms. Williamson No Mr. Davis Yes Mr. Garcia appeared at the meeting and contended that they are trees and you can walk in between them. Ms. Williamson quoted the definition of a hedge as written in the Zoning Ordinance and moved that we do a Finding of Fact that it is indeed a hedge and is over five feet tall. Mr. Fabian seconded the motion and it carried 3/1 with Mr. Davis dissenting. Mr. Garcia stated he would be glad to cut the tree limbs that hang over on his neighbor's property. Mr. Grau relinquished the chair to Ms. Williamson and moved that in lieu of imposing a fine that the Board give Mr. Garcia and his neighbor a chance to control the situation and have Mr. LuBien report at the next meeting as to what has been done. The motion was seconded by Mr. Fabian and carried as follows: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis No, because he felt it was a tree and not a hedge. Mr. Grau resumed the chair. (6) HEARING - Case No. 81-403-012, Louis O. Trach, 408 N. W. 111th Terr., 'storing inoperative vehicles. Mr. LuBien reported that there is compliance as of today. Mr. Davis moved that this case be dismissed as it is in compliance and that a Compliance Order be issued. The motion was seconded by Ms. Williamson and • and 9iiami Jhoressillage F L OR ID A -4- carried as follows: Mr. Fabian Mr. Grau Ms. Williamson Mr. Davis Yes Yes Yes Yes 10/1/81 (7) HEARING - Case No. 81-394-013, Ruby M. Goode, 300 N. E. 101st St., Unsightly yard, oversize hedge. Mr. LuBien stated that the yard had been cleaned since the last meeting but on inspection today at 1:15 p.m. the weeds are approximately one foot again. Mr. Charles Goode, representing Ruby Goode, was present and stated they -were separated and she has not been able to take care of the property and has been in the hospital, and that he is back home and will take care of the yard. Ms. Williamson moved that the Board continue this until next month at which time we will have another report from Mr. LuBien. The motion was seconded by Mr. Fabian and carried with the following vote: Mr. Mr. Ms. Mr. Fabian Grau Williamson Davis Yes Yes Yes Yes (8) HEARING - Case No. 81-390-014, Maurice Gelina, 960 N. E. 92nd At., Oversize boat, commercial vehicle. Mr. LuBien reported that the red van (previously noted as a Pantry Pride delivery truck) and an over- size boat are still on the property. Mr. Philip Yaffa,, attorney for Mr. Gelina was present to contest the charges, that the truck shotftld be permitted under the travel trailer ordinance. Ms. Williamson moved that it is Finding of Fact that this is a commercial vehicle. Mr. Davis seconded the motion for discussion, following which the motion carried; Mr, Mr. Ms. Mr. Fabian Grau Williamson Davis Yes Yes Yes Yes Ms. Williamson then moved that we have found that • 10/1/81 aiami cJhores`9iIlage F L OR ID A -5- it is a commercial vehicle and as it is not being kept in a completely enclosed garage is in violation of the ordinance and that a fine of $10.00 a day be imposed if it does not comply by the next meeting. The motion was seconded by Mx. Davis and carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis Yes Concerning the boat that is being kept at 960 N. E. 92nd Street: Mr. Fabian moved that we find that the boat is in violation of the ordinance. Mr. Davis seconded the motion. An amendment was offered that the boat be found in violation because it is over 20 ft. in length. This was accepted. Ms. Williamson offered a further amend- ment that if the situation is not corrected by the next meeting that a fine of $1.00 a day be imposed until it complied.. This was accepted. Mr. Davis thought the fine was not enough to move the boat. Ms. Williamson offered a further amendment that the Board reserves the right to increase the fine at some time in the future if there is no compliance. This was accepted and the amended motion was carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis Yes (9) HEARING - Case No. 81-422-015, Murray & Marina Polvay, 9250 N. E. 10th Ct., operating a business in her home, excessive vehicles. Mr. LuBien reported that according to the neighbors various business operations have been conducted at this residence, including a cooking school and catering service, with excessive number of vehicles parked on the right-of- way. Mrs. Polvay was represented by Richard R. Snyder, attorney. Several of the neighbors had appeared to testify as to the business activities being conducted at the Polvay home. They did admit_ -the activiti.es_had __ceased _ within, the last three weeks. 10/1/81 cShorescillage F L O R 1 D A -6- Attorney Synder objected to the testimony as well as the hearing procedure. Following the testimony given by Dr. Lance and Mrs. Lance, Mrs. Polvay's attorney presented the Chairman with copy of a lease for an office/place of business at 1991 N. E. 135th Street, North Miami, and copies of a County and City license for a catering service. Chairman Grau stated that the Board does not need any additional testimony from the witnesses but would like to ask Mrs. Polvay some questions for the record. Mr. Grau asked if the activities that were cited will now occur out of the catering office. Mrs. Polvay said Yes. Mr. Fabian moved that the Board remove this case as there is no violation at this time and in 60 days the Code Enforcement Officer will check to see if this situation still exists. Ms. Williamson seconded the motion, proposing the following amendment: it appears there is no violation at this time and that we review the matter in 60 days at which time Mr. LuBien will present a Finding of Fact, and that we receive satis- factory evidence that the lease has been renewed. This was accepted and the amended motion carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis Yes The meeting adjourned at 10:55 p.m, Approved: