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11-06-1981 Regular Meeting• riiami Jhores99Ilage F L OR ID A CODE ENFORCEMENT BOARD MEETING NOVEMBER 6, 1981 A meeting of the Miami Shores Village Code Enforcement Board was held on November 5, 1981, 7:30 P.M., at the Village Hall, with the following Board members present: Franklin E. Grau, Chairman Eugene F. Fabian Donald L. Bednar Julie A.S. Williamson W. Al Davis Absent: Edgar D. Schraub Also in attendance: Frank LuBien, Code Enforcement Officer. MINUTES: Minutes of the meeting of October 1, 1981 were approved as written by motion made by Mr. Grau, seconded by Mr. Bednar, and carried unanimously. (1) ELECTION OF CHAIRMAN Mr. Davis moved that the position of Chairman be filled on a rotating basis, with Donald L. Bednar for the 1981/1982 period. The motion was seconded by Mr. Fabian and carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes Ms. Williamson was nominated as Vice -Chairman, motion duly passed unanimously with the following vote: 11-6-81 aiami Jhores9Illage F L OR ID A • -2 Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Mr. Davis Yes (2) STAY ORDER - Case No. 81-000-004, Elsie Baioff, 336 N.E. 98th Street, Renting Rooms Mr. LuBien reported that a Stay Order, (Case #31-190 AP), was obtained from the Circuit Court and unless the Village Attorney advises otherwise, we can take no action at present. Mr. Bednar wanted the case taken off the agenda. Mr. Davis made a motion that this case should not be removed from the agenda but that we should have a list of Calendar Cases in Litigation, and these cases could be reviewed every three months. This motion was seconded by Mr. Bednar who restated that this case be taken out of active and put into inactive and the Code Enforcement Officer maintain a list of in- active cases, apart from the agenda, and report progress to the Board. Mr. Davis accepted this restated motion and it was passed unanimously with the following vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes (3) AFFIDAVIT OF NON-COMPLIANCE.- Case No. 81-183-003, Robert J. Iozia, 440 N.E. 91st St., Unlawful Roof Mr. LuBien reported that an Affidavit of Non -Compliance, along with the original Order, was recorded in the Circuit Court. As of October 19, 1981, there is a Lien against the property for $1,610.00, and it continues to increase by $10.00 per day. The new owners, Atilla and Nancy Bese were sent copies of the recorded violation; the original yellow was sent to Mr. Iozia. There has been no response from the new owners, Atilla and Nancy Bese. • 11-6-81 aiami cShores99Ilage F L OR ID q • -3 Mr. LuBien reported that Mr. Iozia was instructed to furnish proof to the Village that an attempt was made to serve papers to the roofing contractor. Another notification is to be sent after forty-five days to Mr. Robert J. Iozia and the Occupants. Foreclosure on the property will follow its own course. This case is to be kept on the active list and Mr. LuBien is to report further action to the Board. (4) REPORT - Case No. 81-362-009, Philip Katzman, 260 N.E. 112 Terrace, Unsightly Carport Mr. LuBien reported that the cabinets were not removed from the carport and noted that Mr. Katzman has until November 30th to comply. The next step is to prepare a Finding -Of -Fact at the next meeting, December 3rd. It was requested by the Board that a copy of the two sections of the minutes be mailed to Mr. Philip Katzman, as well as an Order that he is not in compliance, so he is aware of the situation. (5) REPORT - Case No. 81-375-001, Rafael Garcia, 1441 N.E. 91st Street, Oversize Hedge Mr. LuBien introduced a letter from Rafael Garcia, dated November 2, 1981, in answer to our letter of October 14, 1981, wherein Mr. Garcia reported that the overgrowth at the rear of 1441 N.E. 101st Street was removed and some of the trees were trimmed. On November 5th, Mr. LuBien inspected the property at 1441 N.E. 101st Street and reported to the Board that Brazilian pepper trees are hanging in the neighbor's yard and the crotons were not touched. Mr. LuBien reported that the next door neighbor was not satisfied. The Code Enforcement Officer advised that Florida Power and Light cut branches that were in contact with power lines. • 11-6-81 Miami cShores9' lage F L OR 1 D A • 4 In the opinion of the Code Enforcement Officer, Rafael Garcia has not complied with the Code, i.e., to cut back the overgrowth to five feet. Ms. Williamson stated that definition of a hedge according to the Zoning Ordinance "was a barrier of a certain length" and since this barrier is over twenty feet high, it is in violation. Ms. Williamson moved that a Finding -of -Fact be done that this is a hedge, and is above five feet tall and is in violation. The motion was seconded by Mr. Davis with the following votes cast: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis No (Mr. Davis felt these were trees, not hedges) Mr. Fabian entered a discussion that thirty days be given to Mr. Garcia before a fine is levied. Ms. Williamson moved that if Mr. Garcia has not complied by November 30th, a fine of $1.00 a day be assessed and the Board reserve the right to increase the fine. The motion was seconded by Mr. Davis. Mr. Fabian raved that an amendment be entered for compliance by December 31st. After discussion by the Board a further amendment was offered by Mr. Davis to levy a fine of $5.00 a day, after the 1st of January, 1982. The motion was seconded enforce. Mr. Bednar presented a further motion, after discussion, that the Code Enforcement Board has made a Finding -of -Fact that the oversize growth is indeed a hedge; that the hedge be in compliance with the Code, and a fine of $10.00 per day be levied, if compliance is not made by December 1st. This was seconded by Mr. Fabian and the vote was as follows: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Davis No • • • 11-6-81 iami cShores91llage F L OR ID A -5 (6) REPORT - Case No. 81-394-013, Ruby M. Goode, 300 N.E. 101st Street, Unsightly Yard; Oversise Hedge, Mr. LuBien reported that he visited 300 N.E. 101st Street site on two occasions and the yard was trimmed both times. Mr. Davis moved a Compliance Order be issued and the motion was unanimously carried by the following vote: Mr. Fabian Yes Mr. Grau Yes Ms. Williamson Yes Mr. Bednar Yes Mr. Davis Yes (7) HEARING - Case No. 81-390-014, Maurice Gelina, 960 N.E. 92nd Street, Oversize Boat; Commercial Vehicle Mr. LuBien reports that Mr. Gelina removed the oversize boat and replaced it with a smaller craft, but continues to park the van on the property. Mr. Davis moved that the Code Enforcement Officer proceed to the next step and file an Affidavit, advising that the commercial vehicle is not in compliance with the Code, and a $10.00 a day fine will be levied. The motion was seconded by Mr. Fabian and carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes Ms. Williamson further moved that a notice be sent to Mr. Gelina that he is in compliance on the boat. This motion was seconded by. Mr. Bednar and carried unanimously by the follow- ing vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes 11-6-81 aiami cfhores llage F L O R 1 D A • 6 (8) REPORT - Case No. 81-422-015, Murray & Marina Polvay 9250 N.E. 10th Ct., Operating a Business in her home; Excessive Vehicles Mr. LuBien reported all in compliance on this case. The Code Enforcement Officer reported to the Board that he will check to make certain the kitchen activity will not start again. This case is to be placed on an inactive list and inspection will be made prior to the next meeting. (9) REPORT - Case No. 91-178-005, Anthony & Joyce DeLucca, 10115 Biscayne Boulevard, Walls, Fences and Hedges Mr. LuBien requests an up-to-date review of this case. An Order and Notice of Non -Compliance was issued. If the Board approved, the Code Enforcement Officer will file a Lien. Mr. Davis moved that the Code Enforcement Officer proceed with the next step, and if the walls are taken down before the end of the month, we eliminate all fines on the property; until the walls are removed, the fine will run. Ms. Williamson seconded the motion with an amendment, we will not promise the first point. Mr. Bednar seconded the amended motion and passed with the following vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Mr. Williamson Yes Mr. Davis Yes (10) AFFIDAVIT OF VIOLATION - Case No. 81-376-017, (Kretzschmar), Barbara Prendergrast, 712 N.E. 95th Street, Unauthorized Enclosure of Carport with Unlawful Frame Construction Mr. LuBien reported that two Notices of Violation were sent to Barbara Prendergrast. Mr. Davis moved that the Code Enforcement Officer proceed with the next step. This motion was seconded by Mr. Bednar and carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes • 4e 11-6-81 ddliami cShores9illage F L. OR ID A 7 (11) ABSENCE OF BOARD MEMBER, Edgar D. Schraub Mr. LuBien quoted Article 5, Section 5, "two out of three absences without cause and without prior approval of the Chairperson, shall forfeit an appointment". Mr. Davis made a motion that the Code Enforcement Officer advise the Village Council of Mr. Schraub's non-attendance and request a replacement for the Board. This motion was seconded by Mr. Fabian. Mr. Davis rejoined that a telephone call should be mde to Mr. Schraub. After discussion, Mr. Davis rejoined that a telephone call was a courtesy Mr. Schraub did not deserve. All were unanimous in agreement. (12) CONCERNED CITIZEN - Mr. Robert Bell, 112 N.E. 98th Street, Complaint Mr. Bell reported to the Board that he contacted the Miami Shores Village and lodged a complaint that the front of 98th Street as well a5 the alley were under hedges over eight feet tall. He advised the Board that the owner, Mr. Grosso, objects to Mr. Bell's 85 year old mother's complaints of the overgrowth which is now four feet in the front of the mother's bedroom window, causing his mother to be frightened. Mr. Bell states that it is over a year since he complained and no action has been taken on his complaints. Mr. Bell advised that he talked with Mr. Grosso and he refused to cut the hedges. Mr. Grau, the Chairman, advised Mr. Bell that the Code Enforcement Officer will take his information of a violation into consideration. Mr. Bednar requested Mr. LuBien contact Mr. Bell for the relative information and the Code Enforcement Officer reported he would personally visit the site on Friday, November 6th, the day following the Code Enforcement Board meeting. Mr. Davis made a motion to adjourn which was seconded by Mr. Fabian. The meeting adjourned at 8:30 P.M. The next meeting of the Code Enforcement Board will be on December 3, 1981. Respectfully submitted, Gloria Mato, Secretary Approved: