Loading...
02-04-1982 Regular Meeting• liami J'horescillage F L OR 1 D A CODE ENFORCEMENT BOARD MEETING FEBRUARY 4, 1982 A meeting of the Miami Shores Village Code Enforcement Board was held on February 4, 1982 at 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 Martha Sue Fox Absent: W. Al Davis Also in attendance: • Frank LuBien, Code Enforcement Officer Wilbur W. Willaford, Code Enforcement Inspector MINUTES: Minutes of the meeting of December 3, 1981 were approved as written by a motion made by Mr. Grau, seconded by Ms. Williamson and passed unanimously. (1) REPORTS FROM DECEMBER MEETING (A) CASE NO. 81-178-005 ANTHONY & JOYCE DE LUCCA, 10115 BISCAYNE BLVD. WALLS, FENCE, HEDGES, IN EXCESS OF HEIGHT LIMIT Mr. LuBien recited the chronological events of the De Lucca case for the Board. Mr. De Lucca got a spot survey which indicated encroachment on the street right-of-way with the patio, patio wall, chain link fence, railroad ties, and hedges. The wall is gone and a portion of the patio has been removed. Mr. LuBien presented to the Board a copy • a • 1iami cShores91llage F L O R 1 D q -2- CODE ENFORCEMENT BD. MEETING February 4, 1982 of the memorandum from the Village Manager to the Code Enforcement Director, as well as a copy of Mr. LuBien's letter to Mr. Anthony De Lucca relative to items in the public right-of-way. A motion was made by Ms. Williamson that the fine be reduced to $50.00, seconded by Mr. Fabian and carried with the following vote: Mr. Fabian Yes Mr. Bednar No Ms. Williamson Yes Mr. Grau Yes (B) CASE NO. 81-375-011 RAFAEL GARCIA, 1441 N.E. 101 STREET OVERSIZE HEDGE Mr. Garcia had a violation existing regarding the height of front and rear hedges, which overhang on abutting property. Mr. LuBien reported to the Board that Mr. Garcia removed the overgrowth in the rear, but the branches have not been completely removed. He also advised the Board that the rear hedge was still in excess of five feet, and that the front hedge was well in excess of three and one half feet. Mr. Grau made a motion that a new order be issued with a Finding of Fact that the hedges are in excess of height limitation; the conclusion of law is violation of Section 518, zoning ordinance 270; compliance shall be completed by February 24, 1982, and if there is non-compliance by that date, a fine of $10.00 per day shall be assessed. The motion was seconded by Ms. Williamson and passed with the following vote: Mr. Fabian Yes Mr. Bednar Abstained (lack of involvement in case) Ms. Williamson Yes Mr. Grau Yes • • Miami cfhores9illage F L o R 1 D q -3- CODE ENFORCEMENT BD. MEETING February 4, 1982 (C) CASE NO. 81-422-015 MURRAY &MARINA POLVAY, 9250 N.E. 10 CT. OPERATING A CATERING BUSINESS IN HOME Mr. LuBien reported to the Board -that he has recently received telephone calls that vans were sighted at the Polvay residence from time to time. A motion was made by Mr. Grau to keep this case open, seconded by Ms. Williamson and carried unanimously. (0) CASE NO. 81-488-018 BARBARA.PRENDERGRAST, 712 N.E. 95 STREET - UNAUTHORIZED ENCLOSURE OF CARPORT WITH UNLAWFUL FRAME CONSTRUCTION The wood frame construction on carport, done without permit, has not been corrected to masonry as per Schedule of Regulations. Mr. LuBien reported that plans were submitted by Mrs. Prendergrast, and a permit obtained, but visual inspection revealed that no work has commenced. The Board concluded that there had been only partial compliance with their order of December 3, 1981, and instructed Mr. LuBien to advise Mrs. Prendergrast to comply completely prior to the next regular meeting on March 4, 1982. The fine will be held in abeyance until the March meeting. A motion was made by Mr. Grau to that effect, seconded by Ms. Williamson and carried unanimously. (E) CASE NO. 81-488-018 R.E. BAKER, 790 N.E. 96TH STREET PARKING TRAILER IN SIDE YARD & USING TRAILER AS LIVING QUARTERS At the last Code Enforcement Meeting the Board advised Mr. LuBien to proceed with the next step. Three (3) days after the meeting, the trailer, as well as the car, were removed, so Mr. LuBien withheld further action. The Board was assured by Mr. LuBien that Mr. Baker was 100% in compliance and no further action was required. • • Jhores91Bage ?kami0 R ID A -4- CODE ENFORCEMENT BD. MEETING February 4, 1982 (2) AFFIDAVIT OF VIOLATION CASE NO. 82-552-019 JEFFREY L. RAY, 159 N.W. 109 STREET PARKING COMMERCIAL VEHICLES IN RESIDENTIAL ZONE The Code Enforcement Officer reported that on October 29, 1981 two commercial vans were parked in the front yard of the Ray residence. On November 5th and December 1, 1981, Notice of Violation was sent to Mr. Ray. Mr. Ray subsequently advised the Building & Zoning Department that he used the vans to go to work. Mr. LuBien informed the Board that these are lettered, three-quarter ton trucks and are in violation. Mr. Fabian moved to proceed to the next step, seconded by Ms. Williamson, and carried unanimously. (3) AFFIDAVIT OF VIOLATION CASE NO. 82-455-020 PAUL J. BENKE, 600 GRAND CONCOURSE FAILURE TO COMPLETE PAINTING OF ADDITION AND DETERIORATED PAINT ON HOUSE Mr. LuBien reported that the addition to 600 Grand Concourse was constructed in 1976 and the exterior was never completed. Notice of Violation was sent on August 13, 1981, and extension granted to December 1, 1981, and Final Notice of Violation was sent on December 9, 1981. Mr. LuBien and Mr. Willaford, Code Enforcement Inspector, visited the property on the day of the Board meeting and observed that the overhang had one coat of paint, recently applied, but areas of deterioration still existed on the west side and back wall of the house. Mr. Grau made a motion to proceed to the next step, seconded by Ms. Williamson and carried unanimously. (4) AFFIDAVIT OF VIOLATION CASE NO. 82-454-021 HORACIO AGUIRRE, 9820 N.E. 5 AVENUE ROAD, DETERIORATED HOUSE,BROKEN SIDEWALK, ILLEGAL FENCE,NON-CONFORMING UTILITY SHED Code Enforcement Officer noted that violations were observed at 9820 N.E. 5th Avenue Road on August 13, 1981 and Notice of Violation was sent. There was no action notwithstanding that Mr. Aguirre's son advised that all violations existing would be corrected. Final Notice was sent on October 2, 1981, an extension requested and granted until November 24, 1981. • Miami cJhores91llage F L OR JD A -5- CODE ENFORCEMENT BD. MEETING February 4, 1982 The yard is maintained but there has been no further action. There is still concrete and debris on the land and the utility shed and fence are non -conforming. Mr. LuBien advised the Board that 9820 N.E. 5th Avenue Road is unoccupied. Ms. Williamson made a motion to proceed to the next step, seconded by Mr. Grau and carried with the following vote: Mr. Fabian Mr. Bednar Ms. Williamson Mr. Grau Ms. Fox Abstained (Acquainted with Mr.Aguirre) Yes Yes Yes Yes (5) AFFIDAVIT OF VIOLATION CASE NO. 82-563-022 ALFRED & JEAN GAUDINI, 806 N.E. 92 STREET STORING OVERSIZE MOTOR HOME On November 10, 1981 the oversized motor home was observed in yard of private residence with a "for sale" sign on same. A Notice of Violation was sent and the owner responded by phone and advised the Building & Zoning Department that the violations would be removed. Final Notice was sent on November 20, 1981. The "for sale" sign was removed but the Motor Home remains. Ms. Williamson made a motion to proceed to the next step, seconded by Mr. Grau, and carried unanimously. (6) CASES CONTINUING: A) CASE NO. 81-000-004 ELSIE BAIOFF, 335 N.E. 98 STREET RENTING ROOMS Mr. LuBien informed the Board that the Village Attorney was to obtain a date, after May, to present oral arguments in Court. B) CASE NO. 81-183-003 ROBERT J. IOZIA, 440 N.E. 91 STREET UNLAWFUL ROOF Mr. Iozia will be sent another Notice of Lien, with copy to • • • iami cShorescillage F L O R 1 D A -6- CODE 6 - CODE ENFORCEMENT BD. MEETING February 4, 1982 the present owners, Attila and Nancy Bese. The meeting adjourned at 8:50 P.M. Respectfully submitted, Gloria Mato, Secretary Approved