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11-04-1982 Regular Meetingr • was the aiami chores9illage F L OR ID A CODE ENFORCEMENT BOARD MEETING NOVEMBER 4, 1982 A meeting of the Miami Shores Village Code Enforcement Board held on November 4, 1982, at 7;30 P,M, at the Village Hall, with following members present; Absent; Also Present; 1) MINUTES; Donald L, Bednar - Chairman Julie A.S. Williamson Eugene F, Fabian Franklin E, Grau Kenneth Cutchens Santos F. Rivero Martha Sue Fox Leslie R. Forney, Village Manager Frank LuBien, Code Enforcement Director At the request of Mr. Fabian, Mr, LuBien clarified the modifications to the State Statutes governing Code Enforcement, At the 1982 Legislative Session' membership to Code Enforcement was increased by one, maximum fine war decreased and provisions were made whereby a lien could be filed against a persons personal property - for instance, a tenant, Following explanation of paragraph 2, page 4 of the minutes, motion was made by Mr, Grau for approval of the minutes as written, seconded by Mrs, Williamson, and passed unanimously, 2) REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 83,7409-030 SAMUEL J, RABIN, 9900-10-20 N*E, 2ND AVENUE UNSIGHTLY PARKING LOT AND FAILURE TO INSTALL REQUIRED PARKING LOT IMPROVEMENTS This case is relative to the improvements to the parking lot in the rear of Fred Astaire Dance Studio. Mr. LuBlen advised that he spoke with Mr. J. Patrick Fitzgerald, of McDermott, Will & Emery, attorney representing the owner, and was informed that contracts were assigned for completion of the required improve- ments. No work has been started. No estimated completion date was available. iami Jhores9illage F L OR ID A i - 2 - November 4, 1982 The Chairman stated that it is the responsibility of Mr. Rabin, and in the interest of Miami Shores Village, to provide a cut-off date for completion. It was noted that a reasonable amount of courtesy was extended to Mr, Rabin in this case. Following discussion, Mr. Cutchens made a motion that we will not accept verbal information that a contract has been let; the Board requires a copy of written contract with completion date specified. The motion was seconded by Mrs. Williamson and carried unanimously, At our next meeting Mr. LuBien is to present a copy of contract of intention noting completion date, Mr. Grau stated if no contract with completion date is received, we shall review where we stand on this case and take appropriate action, B. CASE NO, 81-183-003 ATTILA BESE, 440 N,E, 91 STREET UNLAWFUL ROOF The Code Enforcement Director advised that Mr, Bese obtained a contractor, who subsequently presented plans and procured a permit. Youngblood Roofing Company has a contract to reroof the Bese residence with tile. Construction has not yet started as a steel beam is being fabricated and completion of an open roof section on the front of the house is necessary, N. LuBien advised that the existing roof would be removed completely and reroofing started from scratch, Mrs. Williamson stated the Board should go on record that if we defer, we are not waiving our rights to continue processing this case. Mr. LuBien advised that the Village received a check for $200.00 from Mr. Bese which we are holding. Mr. Cutchens moved that the Code Enforcement Director supply the Board with a copy of the roofing contract, with tentative commencement and completion dates. Motion was seconded by Mrs. Williamson,, and carried 5/1 with Mr. Bednar dissenting, • • • 1iami cShores 9' lase F L OR ID A - 3 - November 4, 1982 HEARING, CASE NO, 82-917-034 DENISE TALISMAN, 1610 N.E. 105 STREET STORING INOPERATIVE VEHICLE In this case an inoperative vehicle was observed in June, 1981, Mrs, Talisman explained to the Board that her son, who was out of town, had the key to the vehicle, mailed sae to her, and the letter arrived opened, without the key, This necessitated more time to have an extra key made and mailed to her, The vehicle was removed, Mr, Grau moved that we find Mrs, Talisman in compliance, seconded by Mrs. Williamson, and.carried unanimously. 3) HEARING, CASE NO. 82-937-033 AIDAN M. McNALLY, 800 N.E. 96 STREET STORING INOPERATIVE VEHICLES Inoperative vehicles were first observed in June, 1981. Notices were sent and the vehicles were removed, rearranged and then reappeared. This violation still exists. Mr, River° advised he observed a "for sale" sign at 800 N.E, 96th Street, Following discussion, Mr. Fabian made a motion that we proceed with the next step., and if there is no compliance by November 5, 1982, a fine of $10.00 per day be levied. Mrs, Williamson made an amendment to the motion, and moved that there is a Finding -of -Fact that there are inoperable vehicles on this property, in violation of the Village Code, and if the situation is not corrected within one week from today (11/4/82) an Affidavit of Non -Compliance be filed and a fine of $10,00 per day be levied, The amendment was accepted by Mr, Fabian, Mr., Grau seconded the motion as amended and carried unanimoulsy, • • iami cfhoreaillage F L OR ID A �+ ¢ November 4; 1982 6) HEARING, CASE NO. 82-9934)36 PETER J. HYDE, 1236 N.E. 93 STREET HEDGES IN EXCESS OF HEIGHT LIMITATION Mr. LuBien advised that lack of yard maintenance was observed in mid-July, 1982. The yard was overgrown and the hedges exceeded height limitations. As of today, the hedges are still not in compliance. Mr. Hyde explained to the Board that he secured a new gardener as his previous gardener was progressively unreliable. He also advised the hedges existed at the present height for the last 20 years. The Board advised Mr. Hyde that the resident is responsible for the care of his property, not hired help, and he is in fact presently in violation. Mr. Hyde advised the Board that his intention at present is to contest the ordinance and not comply. Mr. Grau noted that the Board should make Mr. Hyde aware of his alternatives to contest the ordinance. The Chairman explained the route of appeal, and advised Mr. Hyde that based on our existing Ordinance, it is our responsibility to obtain compliance. Following lengthy discussion, Mr. Cutchens made a motion that Mr. Hyde is not in compliance with the Code as to height of the hedges and if he does not comply within 10 days from this meeting a fine of $10.00 per day be levied. The motion died for lack of a second. At this time, Mr, Hyde advised the Board that if his appeal to Council failed, he will comply. Mrs. Williamson moved that there is a Finding -of -Fact that the hedges are in excess of 3 and 5 feet in the side and back yard, and this is in violation of our ordinance; that if the hedge is not trimmed within 60 days, or a time for action by Council, whichever is sooner, and if action is negative, a fine of $25.00 per day be levied. The motion was seconded by -'Mr. Grau. Following further discussion, Mr. Fabian requested an amendment to the motion reducing the fine from $25,00 per day to $10,00 per day. The amendment was not accepted by Mrs, Williamson and vote on Mrs. Williamson's original motion was as follows; Mr. Cutchens Yes Mr. Fabian No Mr. Bednar No Mrs. Williamson Yes Mr. Grau Yes Mr. Rivera No iami jhores9111age F L O R 1 D A • - 5 - November 4, 1982 The motion failed. The Chairman explained that his• 'No' vote was due to the fact that the hedge is. currently in violation of our 'Code and said violation should be corrected and negate the necessity of imposing a fine. Mr. Bednar stated he understands Mr. Hyde's request for appeal, which is his perrogative. Mr. Rivero made a motion that the hedges are in violation of our Code and if not corrected within 30 days a fine of $25.00 per day be levied, even if Mr. Hyde appeals to Council. Motion was seconded by Mrs. Williamson. Mr. Cutchens requested an amendment to the. motion for compliance within 15 days. Mr. Rivero did not wish to change his motion. Vote on Mr. Rivero's original motion was as follows: Mr. Cutchens Yes Mr. Fabian No Mr. Bednar Yes Mrs. Williamson No Mr. Grau No Mr. Rivero Yes The motion failed. After further discussion, notion was made by Mrs. Williamson that there is a Finding -of -Fact that the hedges are in excess of 3 and 5 feet in the side and back yard; that this is in violation of our ordinance, and if hedge is not trimmed within 60 days, or.a time for action by Council, whichever is sooner, and if Council action is negative, a fine of $10.00 per day be levied. Motionwas seconded by Mr. Grau and passed with the following vote: Mr. Cutchens Yes Mr. Fabian Yes Mr. Bednar No Mrs. Williamson Yes Mr. Gray Yes Mr. Rivero No • diami cJhores9Illage F L OR ID A • - 6 - November 4, 1982 5) HEARING, CASE NO. 82-1005-035 DENNIS PITTER, 117 N.W. 100 TERRACE STORING INOPERATIVE VEHICLE Inoperative vehicle was observed in parkway since August, 1982 andvehicle has not been removed. Mr. Pitter called the Village Hall today (11/4/82) and advised he could not return from Tampa in time to attend the meeting; is aware he is not in compliance with the Code; and would take care of removing inoperative vehicle over the coming weekend. Mr. Grau moved that we find there is an inoperative vehicle on premises at 117 N.W. 100 Terrace, is in violation of our ordinance, and if not corrected within one week from today (11/4/82) a fine of $15.00 a day be levied, Motion was seconded by Mr. Cutchens and carried unanimously. 7) AFFIDAVIT .OF VIOLATION - CASE NO. 82-1019-037 EMETERIO ZORRILLA., 916 N.E. 96 STREET CONSTRUCTION OF UNLAWFUL FENCE WITHOUT PERMIT Mr. LuBien advised that unlawful fence was observed under construction on 8/30/82, Notices were sent. Letter was received from violators attorney, Mr. George M. Evans, Koppen & Watkins, advising that Mr. Zorrilla was leaving the country until the end of October and he (Mr. Evans) would be involved in a criminal trial for.approximately the same period of time. Nr. LuBien contacted the attorney's office and advised the procedure for obtaining a permit, No response has been received to date and the violation still exists. Mr: Grau moved that we proceed to the next step, seconded by Mrs. Williamson and carried unanimously. Mr. and Mrs. Carl Springfels, 347 N.E. 98th Street attended the meeting and inquired with reference to the status of the Elsie Baioff case. Mr. Forney, Village Manager, advised that the case has been heard in Court and we are awaiting a decision of the Judge. • • • • 7liami Aores9illage F L OR ID A - 7 - November 4, 1982 Mr. Grau inquired whether the false alarm section of the Code has been modified. Mr. Forney responded that following a flurry of activity, some residents changed their systems, the telephone company has done a better job and there has been no problems since our meeting of September 8th on the False Alarm Appeals. The meeting adjourned at 8:45 P.M. Secretary Approved: