05-06-1982 Regular Meeting•
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Miami cShorescillage
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CODE ENFORCEMENT BOARD MEETING
MAY 6, 1982
A meeting of the Miami Shores Village Code Enforcement Board was
held on April 6, 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:
Frank LuBien, Code Enforcement Director
Leslie R.Forney, Jr., Village Manager
W.W. Willaford, Code Enforcement Officer
1) MINUTES:
Minutes of the meeting of April 1, 1982 were approved as written
by a motion made by Mrs. Fox, seconded by Mr. Fabian and carried
unanimously.
2) REPORTS FROM APRIL MEETING:
A - CASE NO. 81-183-003
ROBERT J. IOZIA, 440 N.E. 91 STREET
(ATTILA & NANCY BESE)
UNLAWFUL ROOF
The new owners of 440 N.E. 91 Street, Attila and Nancy Bese
were introduced to the Board. The Chairman restated the facts
of this case to Mr. Bese advising that this roof is in violation
of Village Zoning Ordinance No. 403-78, as to construction.
Mr. LuBien advised that this case will be 1 year old on
May 12, 1982 and standard procedure is to turn the case over
to the Village Attorney for foreclosure.
Following discussion, and consideration of Mr. Bese's request
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aiami chores9illage
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2 - May 6, 1982
for an extension of time to take steps to correct the problem
and present progress report to the Building Director, Mr. Davis
moved that the Board hold in abeyance forwarding information to
the Village Attorney for foreclosure until after the July 1, 1982
meeting. The motion was seconded by Mrs. Williamson and passed
with the following vote:
Mr. Fabian No
Mr. Grau Yes
Mr. Bednar Yes
Mr. Davis Yes
Mrs. Fox Yes
Mrs.Williamson Yes
B - 2nd ORDER CASE 81-375-011
RAFAEL GARCIA, 1441 N.E. 101 STREET
HEDGE VIOLATION
Mr. LuBien advised the Board that he visited the site and
all hedges have been cut, both of Mr. Garcia's and Mrs. Fuller's
property and there is now compliance.
The Code Enforcement Director revealed that he conferred with
the Village Attorney, who advised that any action taken in this
case has no effect on any future case; every case stands on its
own merits. Where base of plants straddle property line, both
owners share the responsibility.
The Board moved that a Compliance Order be issued to Mr.
Garcia.
3. HEARING CASE NO. 82-645-023
ARTHUR D. SOARES, 8841 BISCAYNE BOULEVARD
DISPLAYING UNLAWFUL SIGNS AND
MERCHANDISE OUTSIDE OF BUILDING
Mr. LuBien reviewed events of this case and advised that Mr.
Soares is still in non-compliance of Zoning Ordinance No. 270,
Section 502. Signs and merchandise are still on display on the
property. Mr. Soares was presented and after discussion with the
Board stated he would remove the miscellaneous merchandise and un-
lawful signs.
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Miami crhores9'Ilage
F L OR 10 A
- 3 - May 6, 1982
Nr. Davis made a motion that Mr. Soares is in violation
and if he does not comply within seven days from May 6th, a
fine of $10.00 a day be levied against him. The motion was
seconded by Mr. Fabian and passed unanimously.
4. HEARING CASE NO. 82-662-024
H.M. & H. ASSOCIATES, INC., 8909 BISCAYNE BLVD.
DISPLAYING UNLAWFUL SIGN
Mr. LuBien advised that the free-standing sign was initially
removed but displayed again in four or five days. Mr. Hazen, of
H.M. & H. Associates, confirmed that the price sign is still on
display. After discussion, Mr. Hazen informed the Board that he
would comply on a permanent basis.
Mr. Davis moved that a fine of $25.00 per day be levied,
starting Wednesday, May 12th, against 8909 Biscayne Boulevard.
The motion was seconded by Mr. Grau and passed unanimously.
5. HEARING CASE NO. 82-695-025
BISCAYNE EXXON, 9020 BISCAYNE BOULEVARD
DISPLAYING UNLAWFUL SIGN
This violation to Zoning Ordinance No. 270, section 504 (f)
has been on record since January 28, 1982. Unlawful sign was removed
and later displayed. Violation continues at present.
Mr. Davis moved that a fine of $25.00 per day be levied,
starting Wednesday, May 12th, against 9020 Biscayne Boulevard.
The motion was seconded by Mrs. Fox and passed 5/1, with Mr.
Fabian dissenting.
A recess was called by the Chairman at 8:50. The meeting
reconvened at 9:00 P.M.
6. HEARING CASE NO. 82-665-026
SIKANDAR KARIM -BROADWAY RESTAURANT
9099 BISCAYNE BOULEVARD
DISPLAYING UNLAWFUL SIGNS
The unlawful canvas signs, displayed without permit or
authorization were removed and replaced by other unlawful canvas signs;
there is still an ongoing violation in this case.
Mr. Karim confirmed that the signs are still on display and re-
quested that the Board permit the display for two weeks for promotion
of his new pizza business.
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Miami jhores9411age
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- 4 - May 6, 1982
Mr. Karim was advised by the Board to remove the illegal
cloth signs and to obtain permits for any new signs he is
contemplating.
Following discussion, Mr. Fabian made a motion that the
cloth signs be removed by noon on May 7th or a $25.00 fine
be levied against 9099 Biscayne Boulevard for non-compliance.
The motion was seconded by Mrs. Fox, and passed 5/1, with
Mrs. Williamson dissenting.
7. HEARING CASE NO. 82-682-027
GILBERTO DOMINGUEZ, 141 N.W. 99 STREET
CONSTRUCTION WITHOUT PERMITS; USING
APPLIANCES AND SINK OUTSIDE OF BUILDING
The Code Enforcement Director visited the property on the
morning of May 6th and all items have been corrected in this
case. Mr. Dominguez appeared before the Board with a translator
and the Board explained to him the necessity of checking with the
Village prior to future construction on the property.
The Board moved that the Code Enforcement Director proceed
with the next step.
8. AFFIDAVIT OF VIOLATION CASE NO. 82-731-028
H. CLEMENT ALLEN, 1365 N.E. 105 STREET, APT. 3
STORING EXCESSIVE NUMBER OF BOATS
Mr. LuBien noted that on March 11, 1982 inspection revealed
three boats parked on premises. Notices were sent but no action
was taken. Final notice was sent on March 23rd. At present, two
boats still remain and violation of Ordinance 312, section 502
still exists.
Mr. Davis moved that Code Enforcement Director proceed with
this case, seconded by Mr. Grau, and passed unanimously.
9. AFFIDAVIT OF VIOLATION CASE NO. 82-803-029
ALLEN S. CENOWER, 45 N.E. 103 STREET
KEEPING CHICKENS
On October 5, 1981 inspection revealed a chicken coop with
chickens, in the side yard. Notices were sent and the chickens
were removed, however, on April 21, 1982 inspection revealed
chickens in the coop again. Notice was sent and chickens and
later the coop were removed.
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liami jhores9illage
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- 5 - May 6, 1982
Following discussion, Mr. Grau made a motion that we find
Mr. Cenower in compliance, and that any further violations be
attended to in the normal manner. The motion was seconded by
Mr. Davis and passed 5/1, with Mr. Fabian dissenting.
The meeting adjourned at 9:45.
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/,/"V C'LLI� /)i
Secretary
Approved:
airman