Loading...
09-08-1982 Regular Meeting• • aiami JhoresL9 lIage F L OR ID A CODE ENFORCEMENT BOARD MEETING September 8, 1982 A meeting of the Miami Shores Village Code Enforcement Board was held on September 8, 1982, at 7:30 P.M., at the Village Hall, with the following members present: Donald L. Bednar, Chairman Julie A.S. Williamson Eugene F. Fabian Franklin E. Grau Martha Sue Fox Absent: W. Al Davis Also in attendance : Leslie R. Forney, Village Manager Frank LuBien, Code Enforcement Director Lieutenant M. Zoovas, Miami Shores Police Department William 0. Yates, Attorney 1) MINUTES: Minutes of the meeting of August 5, 1982 were approved as written by motion made by Mrs. Williamson, seconded by Mr, Fabian, and carried unanimously. 2) APPEALS - FALSE ALARMS: Before proceeding with each individual appeal, the Chairman reviewed the Ordinance briefly and advised that under Village Ordinance No, 440-82, Burglary and Robbery Alarm Ordinance, the purpose of the Code Enforcement Board is to determine whether in fact a violation of the Village Ordinance occurred, After review of the facts in each case, the Code Enforcement Board will place a finding -of -fact, based on interpretation of the Ordinance. A. MICHAEL J. FRANCO, 1480 N.E. 101 Street Three false alarms were reported by the Police Department in this case; July 25, 1982 - 3:23 A.M., August 3, 1982 - 11:57 A,M. and August 18, 1982 - 1:46 A.M. Mr, Franco stated that following the visit by the police on July 25th, examination of his burglar alarm system evidenced it was in proper working order. • • Miami Aores9illage F L O R I D q - 2 - September 8, 1982 With reference to the August 3rd and August 18th false alarms, Mr. Franco advised the Board that inspection evidenced that his system was in proper working order, 'Upon checking with the Telephone Company Mr. Franco learned that work was being conducted in the area at the sub -station located at N,E, 12th Avenue, north of 96th Street. He further advised that Mr. Schraub and Mr. Lund's systems registered false alarms at the time the Telephone Company were active in the area, Before proceeding any further, the Board provided an opportunity for Lt. Michael Zoovas to explain the position of the Police Department, Lt. Zoovas explained to the Board and all present that false alarms constitute the greatest loss of manpower to any Police Department and as a result of a study conducted by the Department, the Ordinance was drawn up, modified and adopted by the City Council. Lt. Zoovas further explained that a minimum of two cars have to be dispatched to a burglar alarm ring, whether it be false,accidentally set off or otherwise. Since the Alarm Ordinance was adoped on July 1st, the alarm calls are diminishing - the Department is averaging approximately one hundred a month. This is costly to the City; keeps the manpower from covering roads and alleysfor protection of the citizens. Lt. Zoovas noted that the position of the Department is that if an alarm goes off, and the Police are dispatched to the scene, and there has not been an attempted burglary, according to the Ordinance, this is a false alarm notwithstanding the cause for activation of the alarm, Copies of the Miami Shores Police Department Desk Work Sheet recording the false alarms received, as well as Burglar Alarms recording sheet,noting follow-up by the Department were submitted by Lt, Zoovas. It was then determined by the Board that there were indeed three false alarms at Mr,Franco's residence; there was no attempted breakin; and Mr. Franco's explanation was reiterated, Following further discussion, Mr. Grau stated that we find Mr, Franco had three false alarms, caused by something outside of his home, i.e., mechanical or Telephone Company interference to the system, and that the Board recommend to the Village Manager that he exercise leniency and accept the recommendations of the Police Department. • • Miami cihorescillage F L OR ID A -- 3 - September 8, 1982 B. RICHARD M, LUND, 1269 N,E, 99 STREET Three false alarms were recorded from 1269 N.E. 99 Street namely, on July 9, 1982 - 12:16 P.M„ August 3, 1982 - 8:51 A.M. and August 7, 1982 - 8:40 A.M. Letter from Southern Bell was read by Lt.Zoovas, Mr. Lund advised the Board that he was out of town at the time two false alarms were reported and upon his return to his residence, examination of his alarm system did not disclose any malfunction. On the third false alarm, Mr. Lund reported the cause was due to the Telephone Company working in the vicinity, as reported by Mr, Franco. The Board recommended that the Village Manager exercise leniency due to extenuating circumstances and accept the recommendations of the Police Department in this case. C. EDGAR D. SCHRAUB, 1490 N.E, 101 STREET This residence has three false alarms recorded; July 10, 1982 11:25 A.M,; August 5, 1982 , 10:20 A.M. and August 16, 1982 - 2:19 A.M. Mrs. Schraub advised the Board that she contacted both Honeywell and Southern Bell as a result of which her system was hooked -up to 102nd Street and she experienced no further trouble. She advised that her system showed clear when the reports of the false alarms were reported, At this point the Chairman noted that the user is responsible for the upkeep of the system -- the telephone company is responsible for user system only to the extent of the service rendered, Recommendation was requested of the Village Manager to exercise leniency and accept recommendations of the Police Department from informa- tion on their signed visitation slips, D. JON E, McLEOD, 8945 BISCAYNE BOULEVARD Mr. McLeod's false alarm was recorded at 11:43 A.N. on August 19, 1982. Mr. McLeod, owner of the Gun Shop at 8945 Biscayne Boulevard advised that the system was in perfect working order and did not register a false alarm internally. He advised the Board that the problem was the same as reported by other residents on Appeal, that is, the phone company was the problem. • • J Liami Jhores91llage F L OR ID A - 4 September 8, 1982 The Board recommended the Village Manager exercise leniency in Mr. McLeodts case due to the circumstances of the false alarm and accept the recommendations of the Police Department, E, NATHAN LEE, 9259 N. BAYSHORE DRIVE Two false alarms are recorded for this resident; August 14, 1982 - 8:43 A.M. and August 27, 1982 T 1:04 A.M. Mr, Lee advised that a feature of his system is that it is a silent alarm. He noted that he bad nothing further to acid and -Us situation is the same as that reported by 'Mt, Franco, i,e. the telephone company is responsible for his false alarms, He further noted that he has since received a letter reporting a third false alarm from his residence and there is no evident misfunction of his silent system. In this case also, the Board after review, recommends to the Village Manager considerable leniency and acceptance of Police Department recommendations. F, RICHARD GREEN, 930 N,E, 95 STREET The. Police Department records two false alarms at 930 N.E. 95 St.; on July 3, 1982 - 5:13 A.M, and August 18, 1982 T- 12:06 A.M, Mr, Green advised that the 1st false alarm, according to ADT, was caused by a problem in the street, At the time of the second alarm, Mr, Green was out of town and advised that no neighbors heard the alarm, The worksheet shows that this alarm on August 18th was audible. Mr. Green was of the opinion the phone company was responsible for this false alarm on August 18th. Following review the Board recommended the Village Manager extend leniency and accept Police Department recommendations due to extenuating circumstances. REPORTS FROM AUGUST MEETING: A. CASE NO. 82-742-031 OREN & JERRY MORTON, 189 N,W. 92ND STREET UNSIGHTLY YARD - OVERSIZED HEDGES • • Miami =.1hores9'Ilaye F L OR ID q 5 September 8, 1982 Mr. LuBien reported that a meeting was held with Mr. Morton at his residence, and Mr, Morton has essentially technically complied, He has removed a substantial amount of overgrowth, some still remains and he is in the process of removing same, The Florida holly has been cut down considerably and it is well within the bounds of the Ordinance, Mrs. Williamson made a motion that Mr. LuBien file an Affidavit of Compliance, seconded by Mrs, Fox and passed 4/1, with Mr. Grau abstaining since he was not at the August meeting. B, CASE NO, 82-895-032 MOIZANIEL DA FONSECA, 282 N,W, 111 TERRACE DISPLAYING CAR FOR SALE. An Affidavit of Compliance with withheld because it would have been very simple for Mr, Da Fonseca to replace the "for sale" sign on the car, Mr, LuBien advised the Board a surveillance was not placed on this case because Mr, LuBien was on vacation, A check made today (9/8/82) - the car is still on the property but there is no sign on it, Mr. LuBien felt it was reasonably safe to assume he will no longer display the sign, Mrs, Williamson moved that an Affidavit of Compliance be filed by the Building & Zoning Director, The motion was seconded by Mrs, Fox and passed 4/1, with Mr, Gran abstaining as he did not attend the August meeting. C. CASE NO, 82409-030 SAMUEL 3, RABIN, 9900-10-20 N,E, 2ND AVENUE UNSIGHTLY PARKING LOT AND FAILURE TO INSTALL REQUIRED PARKING LOT IMPROVEMENTS As per instructions by the Board, Mr, LuBien advised a letter was sent to the Attorney representing the realty group and he is awaiting a reply as the Attorney is on vacation and his representation advised we should have a reply within a week or 10 days, It was determined by theBaard that no specific date was required to meet their commitment, Mr, LuBien noted that the work was put out for bid to be completed by a contractor, This action is still pending and Mr, LuBien will be back in touch with the Chairman if he has no action within twelve days, Mrs, Fox made a motion that we continue this case until our next meeting, seconded by ars, Williamson and carried 4/1, with Mr, Grau abstaining since he was not at the August meeting, • • • cShores9ilage F L OR ID A - 6 - September 8, 1982 The meeting was adjourned at 10:00 P.M. Secretary