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04-01-1982 Regular Meeting• • Miami cfhores9flage F L OR ID A CODE ENFORCEMENT BOARD MEETING APRIL 1, 1982 A meeting of the Miami Shores Village Code Enforcement Board was held on April 1, 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 Martha Sue Fox Also in attendance: Frank LuBien, Code Enforcement Director Wilbur W. Willaford, Code Enforcement Officer Absent: W. Al Davis 1) MINUTES: Mt. Grau moved for approval of the minutes of March 4, 1982. The motion was seconded by Mr. Fabian. Mr. LuBien referred to item C, page 2, line 5, this should read keep the case open but take it off the agenda. We would not send notice of compliance. The minutes were then unanimously approved with this amendment. 2) REPORTS FROM MARCH MEETING: A) CASE NO. 81-178-005 ANTHONY & JOYCE DE LUCCA, 10115 BISCAYNE BOULEVARD WALLS, FENCES, HEDGES - IN EXCESS OF HEIGHT LIMITATION Mr. LuBien advised the Board that he had no further report on this case. The letter advising Mr. DeLucca that the Board sus- pended a portion of the fine imposed was received by Mr. DeLucca. We have not received a check for $50.00 from Mr. DeLucca. We have no communication at all other than the receipt for our letter. Mr. LuBien advised Mr. DeLucca to send the $50.00 if he wishes the lien removed. This property is up for sale and if sold, at closing, this lien which is on record, will be evident. • • Miami Jhores9illage F L OR ID A - 2 - April 1, 1982 The Chairman requested the Code Enforcement Director to cite the chronology of events in this case. Mr. LuBien reviewed the case in detail. The Board then summarized the case, noting that the total fine, reached on February 5, 1982, for Mr. DeLucca's violation is $50.00 and verification was sent that Mr. DeLucca is in compliance, but has not paid the fine and the lien stands on the property. Mr. LuBien informed the Board that when the Order is a year old, we can foreclose on the lien for $50.00. B) 2ND ORDER - CASE NO. 81-375-011 RAFAEL GARCIA, 1441 N.E. 101ST STREET HEDGE VIOLATION - DISCUSSION WITH MRS. FULLER Mr. LuBien advised the Board that Mr. Garcia called and a meeting was set up with Mr. Garcia and Mrs. Fuller, the neighbor to the rear who complained originally with regard to the oversize hedges. The Code Enforcement Director presented a copy of the survey secured by Mr. Garcia to both parties and explanation was made relative to ownership of the various hedges, and the responsibility of each party. It was determined that Mr. Garcia was in fact not the owner of all the hedges in- volved in the violation. Mr. LuBien noted that Mr. Garcia took some action, but it was not sufficient. Both Mr. Garcia and Mrs. Fuller indicated to Mr. LuBien that they wished to remove the hedges; neither party wants to spend the money for removal. After discussion by the Board, it was determined that both parties were in violation. Mr. Gran recommended that we table the issue. The Chairman stated that an existing violation could not be cancelled. The Chairman made a recommendation that this case be referred to our Attorney to determine what is our responsibility in this case; would we jeopardize our position enforcing future problems if we cancel this violation, and would the Village Attorney give his opinion on whether we should cite the other party, namely. Mrs. Fuller. Mr. Bednar stated we require a determination on this case so we can handle future cases which abut property lines. What is our legal responsibility to follow through on Notice of Non -Compliance? • • • Miami cShores` liage F L OR ID q - 3 - April 1, 1982 Mr. Fabian made a motion that since the minutes of March 4, 1982 bore no satisfactory results, a determination be made by the Village Attorney as to whether the Board can now bring the other party, Mrs. Fuller, into the case. The motion was seconded by Mrs. Williamson with an amendment that the Board request the Village Attorney review the facts and conclusions of law that were found previously, review the issues discussed regarding the survey and duel ownership of the hedges, and present the Board with alternative methods for proceeding which would be within the scope of the Board's authority. Mr. Fabian accepted the amended motion and it carried by majority vote, with Mr. Grau and Mrs. Fox dissenting. Mr. Grau moved that the Board request Mr. LuBien contact Mrs. Fuller and Mr. Garcia and request a clear statement of their intent regarding the growth, whether or not they plan to cut down the hedges together or individually in the near future. It was requested that Mr. LuBien report back to the Board their position. The motion was seconded by Mrs. Fox, and amended by Mrs. Williamson that the Code Enforcement Director discuss with Mrs. Garcia and Mrs. Fuller the situation and the issues brought up at this meeting, and action be finalized before our next meeting. Mr. Grau accepted the amended motion and unanimously carried. 3) AFFIDAVIT OF VIOLATION - CASE NO. 82-645-023 ARTHUR D. SOARES, 8841 BISCAYNE BOULEVARD DISPLAYING MERCHANDISE AND SIGN OUTSIDE OF BUILDING Complaints were received from Village residents that furniture, clothing and other miscellaneous merchandise was being displayed outside of store. Mr. LuBien visited this store in late December, 1981 and early January, 1982 and explained the violation to Mr. Soares and verbally ordered compliance. Insufficient action was taken so final written notice was sent on January 22, 1982. Mr. LuBien presented photographs to the Board showing the situation at the store. Mrs. Williamson moved that we proceed to the next step, seconded by Mr. Fabian, and passed unanimously. • iami Jhores91lIage F L OR 10 A - 4 - April 1, 1982 4) AFFIDAVIT OF VIOLATION - CASE NO. 82-662-024 H.M. & H. ASSOCIATES INC., 8909 BISCAYNE BOULEVARD DISPLAYING UNLAWFUL SIGN (PRICES SIGN AT EDGE OF PROPERTY The Police Department advised that a free-standing sign was placed at the edge of the Boulevard on or about January 28, 1982. Mr. LuBien visited the gas station and verbally ordered the sign removed; the sign was not withdrawn. Notice of violation was sent on February 2nd and 17th; violation continues. Mr. LuBien presented to the Board photographs of the sign in question and indicated that according to the sign ordinance stipulation, signs are only permitted on the building; free-standing signs must be approved by the Planning & Zoning Board and subsequently approved by the Village Council. In no case are temporary signs permitted in our ordinance. H.M. & H. were advised by Mr. LuBien that they could display prices in their window, inside. A motion was made by Mrs. Williamson to proceed with the next step, seconded by Mr. Grau, and passed unanimously. 5) AFFIDAVIT OF VIOLATION - CASE NO. 82-695-025 BISCAYNE EXXON, 9020 BISCAYNE BOULEVARD DISPLAYING UNLAWFUL SIGN (PRICES SIGN AT EDGE OF PROPERTY) The unlawful was observed on or about January 28, 1982 and the owner was advised of the violation and verbally ordered to remove the sign. The sign was removed but at a later date it was again displayed. Notice of violation was sent on February 17th and March 1, 1982. The violation continues. Photographs were presented to the Board for examination. Mr. Grau moved that we proceed with the next step, seconded by Mrs. Williamson and carried unanimously. 6) AFFIDAVIT OF VIOLATION -__CASE NO. 82-665-026 SIKANDAR KARIM - BROADWAY RESTAURANT, 9099 BISCAYNE BLVD. DISPLAYING UNLAWFUL SIGN (HANGING CLOTH SIGNS) Cloth signs were displayed (banner signs) without permit or authorization. Violation notice was sent on February 2nd and February 17, 1982. The violation continues. • • • aiami Azores9ilage F L OR ID A - 5 - April 1, 1982 Mr. LuBien presented photographs to the Board and advised that he had verbal discussion with Mr. Karim and advised him he could display signs inside the window of the restaurant. Mrs. Williamson moved that we proceed with the next step, seconded by Mr. Grau, and passed unanimously. 7) AFFIDAVIT OF VIOLATION - CASE NO. 82-682-027 GILBERTO DOMINGUEZ, 141 N.W. 99 STREET CONSTRUCTION WITHOUT PERMITS USING APPLIANCES AND SINK OUTSIDE OF BUILDING Upon receiving complaint, the Code Enforcement Director inspected the premises and the following violations were found: work inside of house, installation of utility shed, an outside sink, rough plumbing for a bath, outside use of kitchen appliances. Notices were sent on February 10th and 23rd, 1982. Some corrections have been made but violations continue. Photographs, submitted to the Building and Zoning Department by complaining resident, were presented to the Board. The outside sink has been removed, the range is disconnected but still outside and the rough plumbing is still in the ground. Mr. LuBien advised Mr. Dominguez that he had to submit plans and obtain a permit for a bath. The Code Enforcement Director had no further communication with Mr. Dominguez. A motion was made by Mrs. Williamson that we proceed to the next step in this case, seconded by Mr. Fabian and passed unanimously. CASES CONTINUING A) CASE NO. 81-000-004 ELSIE BAIOFF, 335 N.E. 98 STREET DATE FOR ORAL ARGUMENTS IS SET FOR JUNE 1, 1982 RENTING ROOMS Mr. LuBien advised the Board there is no update on this case. • }liami Jhores9lIage FLORIDA - 6 - April 1, 1982 B) CASE NO. 81-183-003 ROBERT J. IOZIA, 440 N.E. 91 STREET (ATTILA & NANCY BESE) (PRESENT OWNERS OF PROPERTY) NOTIFICATION OF LIEN SENT MARCH 25, 1982 Mr. LuBien advised that another notice was sent to Mr. Iozia and was returned unopened. No confirmation was received from Atilla and Nancy Bese. The meeting adjourned at 8:30 P.M. ���L /� /'/G�:/�'ll • Secretary Approved: