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03-04-1982 Regular Meeting• • 1iami crhoresFillage F L OR ID q CODE ENFORCEMENT BOARD MEETING MARCH 4, 1982 A meeting of the Miami Shores Village Code Enforcement Board was held on March 4, 1982, at 7:30 P.M. at the Village Hall with the following Board members present: Donald L. Bednar, Chairman Julie S. Williamson Eugene F. Fabian Franklin E. Grau W. Al Davis Martha Sue Fox Also in attendance: Mr. Frank LuBien, Code Enforcement Director Mr. Wilbur E. Willaford, Code Enforcement Officer 1) MINUTES: Minutes of the meeting of February 4, 1982 were approved as written by a motion made by Mr. Grau, seconded by Mrs. Williamson and carried unanimously. Donald L. Bednar, Chairman cited to the audience, as well as the Board the purpose of the Code Enforcement Board. 2) REPORTS FROM FEBRUARY MEETING: A) CASE NO. 81-178-005 ANTHONY & JOYCE DE LUCCA, 10115 BISCAYNE BLVD. WALLS, FENCES, HEDGES IN EXCESS OF HEIGHT LIMITATION Mr. LuBien informed the Board that Mr. DeLucca received Building & Zoning Department letter of February 5, 1982, informing Mr. DeLucca that the Board suspended a portion of the fine imposed, and the total fine is $50.00. We have not received Mr. DeLucca's check. Mr. Grau made a motion that this item remain open until the next meeting, seconded by Mrs. Williamson, and passed unanimously. • • aiami Jhores9illage F L OR ID A - 2 March 4, 1982 B) CASE NO. 81-375-011 RAFAEL GARCIA, 1441 N.E. 101 STREET HEDGE VIOLATION Mr. LuBien presented the Board with a copy of a spot survey that Mr. Garcia had prepared on 1441 N.E. 101 St.,which calls attention specifically to the rear of the property. The Code Enforcement Director advised that Mr. Garcia in- formed him that the two side hedges do not belong to him and the people on the abutting property usually take care of these hedges. He did cut the hedges in front, which have been reduced to less than 3-1/2 feet. Mr. LuBien also introduced a copy of letter Mr. Garcia wrote to Mrs. Fuller informing her that the trees are on her property. Mrs. Fuller is to the rear of the Garcia residence. After further discussion relative to the responsibility for the hedges, Mr. LuBien was requested to consult with the Village Attorney to determine ownership and responsibility of the hedges in question and then the Board can proceed when definitive ownership is established. Mr. Garcia appeared at this point and commented on the situation. He stipulated that he was willing to meet at the site with Mrs. Fuller and Mr. LuBien to resolve the problem. A motion was made by Mr. Grau, seconded by Mr. Fabian, to have Mr. Garcia call Mr. LuBien within two weeks and set up a meeting with the three parties, and determine action to be taken. C) CASE NO. 81-422-015 MURRAY & MARINA POLVAY, 9250 N.E. 10 CT. OPERATING A CATERING BUSINESS IN HOME Mr. LuBien advised the Board that he has not been able to gain entrance to this residence and requested that the case be removed from reporting process. After discussion by the Board, Mr. Grau made a motion, seconded by Mr. Davis, that we keep this case on the agenda, and review it monthly, in the event that there is any further indication of violation. The motion carried unanimously. • • aiami Jhores9llage F L OR ID A - 3 - March 4, 1982 D) CASE NO. 81-376-017 BARBARA PRENDERGRAST, 712 N.E. 95 ST. UNAUTHORIZED ENCLOSURE OF CARPORT WITH UNLAWFUL FRAME CONSTRUCTION Mr. LuBien advised the Board that Mr. Prendergrast has obtained a permit for construction according to the code. At the present time, construction has proceeded through the pouring of the tie beam. Mrs. Williamson moved that Mr. Prendergrast is in compliance with the previous violation, seconded by Mr. Grau, and passed unanimously. 3) HEARING, CASE NO. 82-552-019 JEFFREY L. RAY, 159 N.W. 109 ST. PARKING COMMERCIAL VEHICLES IN RESIDENTIAL ZONE The Code Enforcement Director cited the facts in this case, namely, two commercial vans were observed parked in the front yard at 159 N.W. 109 St. on October 29, 1981. Notice of Violation was sent on November 5, 1981 and December 1, 1981. Violation continues. Mr. Jeffrey L. Ray, sworn in, advised that one van belongs to a friend, and the other van, which does not fit in his garage, has since been removed to the back yard. The Chairman confirmed to Mr. Ray the Ordinance of Miami Shores Village, #270, states no commercial vehicles are allowed in the Village limits. Mrs. Williamson made a motion that a Finding -of -Fact is that the van is a commercial vehicle, conclusion is that the van is in violation, and the Board orders that this commercial vehicle be removed within one week, and if not, a fine of $10.00 a day be assessed. The motion was seconded by Mr. Grau and passed unanimously. • aiarni cShores91llage F L OR ID A 4 March 4, 1982 4) HEARING, CASE NO. 82-455-020 PAUL J. BENKE, 600 GRAND CONCOURSE FAILURF TO COMPLFTF PAINTING OF ADDITION AND DETERIORATED PAINT ON HOUSE An addition to 600 Grand Concourse was constructed in 1976 and the exterior painting was never completed. Notice of Violation was sent on August 31, 1981; owner requested and was granted an extension until December 1, 1981. Final notice was sent on December 9, 1981. Mrs. Benke applied to Building and Zoning Department for a permit on March 2, 1982, and completed a portion of the work. Mr. Benke's attorney, Mr. Geiss was put tooath, and after lengthy discussion with the Board, concluded that a partial cure to the violation was carried out. A motion was made by Mr. Grau that we table this matter for sixty days, during which time our Code Enforcement Director can observe progress and report to the Board at the next meeting. This motion was seconded by Mrs. Fox and passed unanimously. A recess was called by the Chairman at 8:25. The meeting reconvened at 8:30 P.M. 5) HEARING, CASE NO. 82-454-021 HORACIO AGUIRRE, 9820 N.E. 5 AVENUE RD. (MAIL AND RESIDENCE: 620 GRAND CONCOURSE) DETERIORATED HOUSE, BROKEN SIDEWALK, ILLEGAL FENCE, NON -CONFORMING UTILITY SHED. Mr. LuBien recited the facts behind this Violation. 9820 N.E. 5th Avenue Road has been allowed to become unsightly and deteriorated, with loose gutter, trash on the roof, falling screen vents, property in need of paint, metal utility shed is in side setback, overgrown yard and area adjacent to alley, damage to the Village sidewalk and deteriorated wood fence in excess of height limitation. • 6 • liami jhorescilIage F L O R 1 D A - 5 March 4, 1982 The violations were first observed on August 13, 1981. Notice of Violation was sent and owner's son advised the Building & Zoning Department that the violations would be corrected. There was no action so final action was sent on October 2, 1981; extension was requested and given to November 24, 1981. The yard is maintained but no other action has been taken. Mr. Alberto A. Alejandre was sworn in and informed the Board that he secured a permit on March 2, 1982 to cure all the items stipulated in the violation. Mr. Alejandre advised the Board that work will start within the next ten days. Mr. Fabian made a motion that in sixty days this case be brought before the Board to determine if substantial compliance has been accomplished. The motion was seconded by Mr. Grau and failed to carry with the following vote: Donald L. Bednar No Julie S. Williamson No Eugene F. Fabian Yes Franklin E. Grau No W. Al Davis Yes Martha Sue Fox Yes After lengthy discussion, Mr. Davis moved that the Board find Dr. Aguirre is in violation of our Code and that he be given ninety days, to June 1st, to comply for cited violations. The motion was seconded by Mrs. Williamson and passed 5/1, with Mr. Bednar dissenting. AFFIDAVIT OF VIOLATION CASE NO. 82-563-022 ALFRED & JEAN GAUDINI, 806 N.E. 92 ST. STORING OVERSIZE MOTOR HOME WITH FOR SALE SIGN Mr. LuBien advised the Board that the Motor Home was observed on November 10, 1981 and a Notice of Violation was sent. No action was taken and a final notice was sent on November 20, 1981. The "for sale" sign was removed but the Motor Home remained. Mr. Gaudini, sworn in, advised the Board that the Motor Home was removed. The Code Enforcement Director confirmed this. • 0 iami c1iores91llage F L OR 113 A - 6 - March 4, 1982 Motion was made by Mr. Davis that we find Mr. Gaudini in compliance, seconded by Mr. Fabian, and passed unanimously. CASES CONTINUING: A) CASE NO. 81-000-004 ELSIE BAIOFF, 335 N.E. 98 ST. RENTING R00MS Mr. LuBien advised the Board that June 1, 1982 has been set for oral arguments in the Elsie Baioff case. B) CASE NO. 81-183-003 ROBERT J. IOZIA, 440 N.E. 91 ST. (ATTILA & NANCY BESE - PRESENT OWNERS) UNLAWFUL ROOF Notification of Lien was sent on February 8, 1982 and received by Mr. Iozia on February 16, 1982, and by Mrs. Bese, the new owner, on February 17, 1982. The Code Enforcement Director distributed to the Board Members a memorandum listing expiration dates of all Miami Shores Village Code Enforcement Board members. The meeting adjourned at 9:30 P.M. At/PU-et Secretary Approved: Agoomw) CHAIRMAN