08-05-1982 Regular Meeting•
iami Jhores`} llage
F L OR ID A
CODE ENFORCEMENT BOARD MEETING
August 5, 1982
A meeting of the Miami Shores Village Code Enforcement Board
was held on August 5, 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
Martha Sue Fox
Absent: Franklin E. Grau
W. Al Davis
Also in attendance:
1) MINUTES:
Frank LuBien, Code Enforcement Director
• Minutes of the meeting of July 1, 1982 were approved as written
by motion made by Mrs. Fox, seconded by Mr. Fabian, and carried.
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2) REPORT FROM JULY MEETING:
A. CASE NO. 82-409-030
SAMUEL J. RABIN, 990010-20 N.E, 2ND AVENUE
UNSIGHTLY PARKING LOT AND FAILURE -TO INSTALL
REQUIRED PARKING LOT IMPROVEMENTS
The new owners of this property, Provincial Realty Associates, Inc.,
appeared before the Planning and. Zoning Board to request permission to install
concrete louver fence in lieu of C.B.S. wall as indicated on the approved
plans. The plan for substitute concrete louver fence was approved by the
Planning and Zoning Board,.
Mr. LuBien advised that he was in touch with the attorney representing
Provincial Realty and he indicated to the Code Enforcement Director that
Provincial fully intends to take care of the improvements as indicated
on the drawings. Essentially, the new owner is being given a reasonable
length of time to take care of the property.
Mr. Bednar requested that prior to our next meeting Mr. LuBien obtain
a written statement from the new owner as to a specific date to meet their
commitment.
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Jhoresllage
F L OR ID A
- 2 - August 5, 1982
3) HEARING - CASE NO. 82-742-031
OREN & JERRY MORTON 189 N.W. 92 STREET
UNSIGHTLY YARD - OVERSIZE HEDGE
Mr. LuBien reviewed the facts behind this case and presented
photographs to the Board supporting violations existing on June 21st
on this property. The Code Enforcement Director revealed that
inspection today (August 5, 1982), evidenced that violations on
this property still exist. The grass has been cut; hedge on the
west side is in compliance, however, hedge in the rear and on
east side are not in compliance. There is an overgrowth of
vegetation and Florida holly.
Mr. Jerry Morton advised the Board that due to personal
problems, he was able to take control of 189 N.W. 92nd Street
within the last month. He informed the Board that the task of
controlling the Florida holly was difficult for him and that
he maintained the hedge in the back for privacy, however, he
is willing to cut this down. The Board advised Mr. Morton he
must comply and be within the bounds of the Village ordinance.
The Code Enforcement Director stated he would be willing to
inspect the property with Mr. Morton and explain what our ordinance
reads and what has to be done for Mr. Morton to comply.
Following discussion, Mr. Morton agreed to follow the Code
Enforcement Director's recommendations and an appointment was
set up for Tuesday, August 10, 1982, at 2:00 P.M. It was determined
it would take three or four days to clean up this property.
Mrs. Williamson made a motion that we find that the hedges and
other vegetation on the property are overgrown and therefore are in
violation of the Code and if this violation is not corrected by the
end of August, 1982, a fine of $10.00 a day be levied. Motion was
seconded by Mr. Fabian and passed unanimously.
4) HEARING- CASE NO. 82-895-032
MOIZANIEL DA FONSECA - 282 N.W. 111 TERRACE
DISPLAYING CAR FOR SALE
Mr. LuBien reviewed the facts behind this case. Notices of
Violation were sent to Mr. Fonseca, however, the "for sale" sign
continued to be displayed on the vehicle.
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Miami Jhores9illage
F LOMA
- 3 - August 5, 1982
Inspection by Code Enforcement Director on August 5th revealed
that the vehicle had been pulled up along side the house and the
"for sale" sign has been removed.
Discussion followed and the Board requested assurance from
the Code Enforcement Director that this would not be a recurring
violation.
Mrs. Williamson made a motion that this case be continued. until
our next meeting, at which time the Code Enforcement Director will
report to the Board if there was continued compliance. Motion was
seconded by Mrs. Fox and passed unanimously,
5) REQUEST FOR ASSURANCES - CASE NO. 81-183-003
ROBERT J. IOZIA, 440 N.E. 91 STREET
(ATTILA & NANCY BESE)
Mr. Stephen T. Maher of Finley, Kumble, Wagner, Heine &
Underberg, 1401 Brickell Avenue, Miami represented Mr. Bese with
a presentation to the Board for a reasonable settlement of this
case. Mr. Maher advised that Mr. Bese will replace the roof with
a conforming roof by October 19, 1982 (1 year anniversary of the lien);
he requested that the lien be released and existing fines lifted and
excused. He further mentioned need for a permit for home improvement.
Mt. Fabian recommended that the Board accept October 19, 1982
date for conforming roof. He also felt a minimim fine should be
determined by the Board and release of lien, however, the home
improvement is not the Boards concern and should be handled by
the Building and Zoning Department,
Discussion followed on the question of the amount of the fine
and administrative costs.
A motion was made by Mr. Fabian that the roof be replaced with a
new tile roof by October 19, 1982 as stipulated, and $200.00 be
assessed against the party. The motion was seconded by Mrs. Williamson.
Following further discussion, Mrs. Williamson moved to amend the
original motion, that if the roof is in compliance on or before October
19, 1982 and an administrative fine be reduced to $500.00. The amendment
to the original motion failed for lack of a second.
At this point Mr. Fabian withdrew his original Motion.
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iami Jhores'9iIlage
F L O R D A
- 4 - August 5, 1982
Mrs. Williamson discussed with Mr. Maher the length of time
(approximately 7 mos.) for Mr. Bese to respond to notices from
the Village on this violation. Mr. Maher advised that Mr. Bese
contacted Mr. Iozia who informed him that the problem had been
corrected.
Mr. Fabian moved that if the roof be in compliance with the
Code on or before October 19, 1982, and if $200.00 be paid, all
fines, liens, assessments and administration costs, other than
said $200.00, will be waived and removed. The motion was seconded
by Mrs. Williamson and carried unanimously.
Due to the Holiday weekend, the September meeting will be
held on September 8, 1982.
Mr. LuBien notified the Board that the Code Enforcement
Board will have two vacancies as the terms of Mr. Grau and Mr.
Davis will expire, unless they are reappointed. He also advised
that the new statutes requires the Code Enforcement Board have
seven members. Mr. LuBien notified Mr. Forney to this effect and
is awaiting a response. Mrs. Williamson suggested Mr. LuBien contact
Mr. Stanley Shapiro to assist in preparation of our Ordinance to
conform with State Statutes, which were effective as of July 1, 1982.
The Chairman discussed the new Alarm Ordinance. He expressed
concern that the 15 days appeal process for burglar alarm fines
may require special meetings which may conflict with meetings of
other Boards. Mr. Bednar recommended that in order to make it
convenient administratively,,a 30 day rendering should be set up.
The meeting adjourned at 8:50 P.M.
Secretary
Approved: