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12-03-1981 Regular Meeting• adiami jhores9illage F L OR ID A CODE ENFORCEMENT BOARD MEETING DECEMBER 3, 1981 A meeting of the Miami Shores Village Code Enforcement Board was held on December 3, 1981, 7:30 P.M., at the Village Hall, with the following Board members present: Donald L. Bednar, Chairman Julie A.S. Williamson Eugene F. Fabian Franklin E. Grau W. Al Davis Also in attendance: Frank LuBien, Code Enforcement Officer. MINUTES: Corrections and additions were made on Page 4 of the Minutes of the meeting of November 6, 1981. The third paragraph, page 4, re oversize hedge, addition to votes cast, Mr. Bednar, Abstained. The fifth paragraph, page 4, Ms. Williamson was the presenter of further motion relative to Finding -of -Fact on the hedge. Ms. Williamson also requested that the words in paragraph 5, "be in compliance" be changed to read "is not in compliance" and added to the vote in the fifth paragraph was Mr. Bednar, Abstained. The minutes were approved with the corrections and additions noted by a motion made by Mr. Bednar, seconded by Ms. Williamson and carried unanimously. (1) REPORTS FROM NOVEMBER MEETING: Mr. LuBien gave a report to the Board on the following cases which require no action - A. CASE NO. 81-394-013 RUBY M. GOODE, 300 N.E. 101 STREET; OVERSIZE HEDGE An Affidavit of Compliance was sent to Ruby M. Goode. B. CASE NO. 81-390-014 MAURICE GELINA, 960 N.E. 92 STREET, COMMERCIAL VEHICLE Truck problem resolved. An Affidavit of Compliance was sent to Mr. Gelina. • • • kam0IihoIlIagR I D A 2 C. CASE NO. 81-178-005 ANTHONY& JOYCE DE LUCCA, 10115 BISCAYNE BLVD. WALLS, FENCES AND HEDGES At the present time Mr. De Lucca has taken no action on the wall. He is in the process of getting a spot survey. 2. CASES CONTINUING: A. CASE NO. 81-000-004 ELSIE BAIOFF, 336 N.E. 98 STREET, RENTING ROOMS There has been no word on this case. B. CASE NO. 81-183-003 ROBERT J. IOZIA, 440 N.E. 91 STREET, UNLAWFUL ROOF A second Notice of Lien will be sent to Mr. Iozia. C. CASE NO. 81-362-009 PHILIP KATZMAN, 260 N.W. 112 TERRACE, UNSIGHTLY CARPORT The carport is clean and the furniture is gone. Mr. Katzman is in compliance. D. CASE NO. 81-375-001 RAFAEL GARCIA, 1441 N.E. 91 STREET, OVERSIZE HEDGE Mr. Garcia has cut the hedges. The branches are still on the property and Mr. Garcia advised that he will remove same when he returns from Mexico City. The Code Enforcement Officer will check the property next week and issue an Affidavit of Compliance. Mr. Davis made a motion that a Certificate of Compliance be sent to Mr. Garcia, if he is in compliance, and if not, Mr. Garcia shall come back before the Board. The motion was seconded by Mr. Grau and passed unanimously. E. CASE NO. 81-422-015 MURRAY & MARINA POLVAY, 9250 N.E.10 CT. OPERATING A BUSINESS IN HOME Mr. LuBien advised the Board that visually the Polvay's are in compliance. The Code Enforcement Officer read to the Board a letter received from Mr. Polvay's attorney to wit: • • • *liami Jhores llage F L O R 1 D A - 3 - "The business of Marina Polvay and Associates, Inc. is presently being carried on at her North Miami business address to wit: 1991 N.E. 135th Street, North Miami, FL 33181. The documents reflecting continuation of that business lease have already been forwarded to the Code Enforce- ment '1,ard. You are more than welcome to visually observe the Polvay premises at any time from the public thoroughfare. I trust that no further inconvenience will be caused to my clients re- garding this situation." Mr. Bednar made a motion that a Certificate of Compliance be withheld until we have a thirty day view of the situation and if there is any evidence of business activity being conducted at the Polvay residence, this matter be brought before the Board. Mr. Fabian seconded the motion and carried with the following vote: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes 3. HEARING - CASE NO. 81-376-017, BARBARA PRENDERGRAST, 712 N.E. 95TH STREET, UNAUTHORIZED ENCLOSURE OF CARPORT WITH UNLAWFUL FRAME CONSTRUCTION. The Code Enforcement Officer reported that two notices of Violation were sent to Barbara Prendergrast. The owner requested a variance, which was denied by the Planning and Zoning Board on August 13, 1981. Subsequent appeal to the Village Council was denied on September 15, 1981. Notices of Violation were sent on May 19th and June 16, 1981. Mr. LuBien noted that Section of Schedule of Regulations is violated in this case as construction requirements are Masonry, defined as "construction of all exterior walls and all structural elements of a building with stone, cement, or cement products, brick or tile". Mr. LuBien further noted that no permit was applied for on this job. The carport has been enclosed with stud walls and plywood skin. • aiami cfhores91llage F L OR ID A 4 Mr. Bednar, the Chairman, addressed the attorney representing Barbara Prendergrast, Mr. Allan Jacobi, of Jacobi & Jacobi, 1313 N.E. 125 Street, North Miami, Florida 33161. After discussion with Attorney Jacobi, Mr. Grau made a motion that we have a Finding -of -Fact that Mrs. Prendergrast's enclosure is in violation of Ordinance 270, and that we will fine Mrs. Prendergrast $10.00 a day until the violation is corrected, and we will hold said fine in abeyance until our February 4th meeting, at which time we will have a report from Mr. LuBien whether Mrs. Prendergrast submitted to the Village Building Department, by the 1st of February, an appropriate set of plans for the required modification and obtained a building permit. Mr. Davis seconded the motion with the following votes cast: Mr. Fabian Yes Mr. Grau Yes Mr. Bednar Yes Ms. Williamson Yes Mr. Davis Yes 4. AFFIDAVIT OF VIOLATION - CASE NO. 81-488-018 R.E. BAKER, 790 N.E. 96 STREET, PARKING TRAILER IN SIDE YARD (CORNER LOT); USING TRAILER AS LIVING AND/OR SLEEPING QUARTERS Mr. LuBien reported that a trailer was found to be un- lawfully parked and in use as living quarters on October 5, 1981. Notice of Violation sent on October 5th and November 5, 1981 were received and the violation continued. The trailer is on a corner lot and is parked in the side yard, very visible from the street. Mr. LuBien advised that Mr. and Mrs. Baker got divorced and Mr. Baker had to vacate the house so he parked the trailer in the side yard and moved in. The house is still listed on the taxroll in Mr. Baker's name, although the divorce has been granted. Mr. LuBien noted that the Ordinance simply states that the trailer could be parked in the back yard, however, there is a violation in that Mr. Baker is using the trailer as a residence. After discussion, Mr. Davis moved that we proceed with the next step, seconded by Ms. Williamson and passed unanimously. • liami Jhores llage F L O R I D A -5 5, READOPTION OF RULES AND REGULATIONS After discussion, W. Davis moved that the Rules and Regulations of the Code Enforcement Board of Miami Shores Village be readopted, The motion was seconded by Mr. Grau and passed unanimously. 6. EDGAR D. SCHRAUB Mr. Davis addressed the question of replacement for Mr. Edward Schraub. The Chairman reported that we have two candidates for replacement of Mr. Schraub as a member of the Code Enforcement Board, per the advice of the Village Clerk, Ann Vigneron. Mr. Bednar requested the Board look to all friends and neighbors for a possible good Board member candidate and contact Ann Vigneron. Ms. Williamson submitted the name of Mr. Thomas Caldwell, 91st Street, partner in the law firm of Barwich, Caldwell & Currie. Mr. Davis made a motion that no meeting be held in January and established that the next meeting of the Code Enforcement Board would be February 4th, seconded by Mr. Grau, and passed unanimously. The meeting adjourned at 8:15 P.M. Respectfully submitted, Gloria Mato Approved: