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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. • 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. • • 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. • • 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. • • 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: