12-02-1982 Regular Meeting•
•
•
Miami JhoressilIage
F L O R 1 D q
CODE ENFORCEMENT BOARD MEETING
December 2, 1982
A meeting of the Miami Shores Village Code Enforcement Board
was held on December 2, 1982, 7:30 p.m., at the Village Hall, with the
following Board members present:
Donald L. Bednar, Chairman
Eugene F. Fabian
Julie A. S. Williamson
Franklin E. Grau
Martha Sue Fox
Kenneth Cutchens
Santos F. Rivero
Absent:
Also
Present:
None
Frank LuBien, Code Enforcement Director
Chairman Bednar asked, in regard to the agenda, that all
hearings be listed first, to accommodate the people involved, and
the reports last.
Mr. Bednar also announced that the Board had been invited
to attend the next meeting of the Property Owners Association to be
held on Monday, December 6th, at the Community Center.
(1) MINUTES:
Minutes of the meeting of November 4, 1982, were
approved as written by motion made by Mr. Fabian,
seconded by Mr. Rivero and passed unanimously.
(2) HEARING:
CASE NO. 82-1019-037
EMETERIO ZORRILLA, 916 N. E. 96th Street
CONSTRUCTION OF UNLAWFUL FENCE WITHOUT PERMIT.
Mr. LuBien reported that this was an unlawful fence,
built without permit which does not comply with the
building code or height limitation; that it was
built next to a chain link creating a space for
unsightly weeds.
Attorney George Evans contended that there are
contd.
•
11iami cJhores91llage
F L O R t D q
-2- December 2, 1982
inconsistencies in the statements made in
the affidavit, and that a permit was issued.
Mr. Zorrilla claimed that he did not know he
was violating any ordinance, that because of
harassment . from his neighbor he built the fence
to divide the property physically and mentally.
Mr. Zorrilla further stated that he would be away
until January 16, 1983.
Mr. Grau felt the Board should request that Mr. Zorrilla
cut his fence down to the proper height, provide the
structural support that is required by the Code,
that the Board acknowledges that he does have a
building permit, and that a fine of $10.00 a day be
levied one week after the next Planning & Zoning Board
meeting, if he wishes to pursue a variance. This was
discussed as a motion, amended and rewitten as
recommended by Mr. LuBien. The motion as restated by
Mr. Grau was that the Board finds the fence in violation
and that the owner has until March 2, 1983 to correct
the violation, or a fine of $10.00 a day will be levied
from that day. The motion was seconded by Ms. Williamson
and passed unanimously with the following vote:
Mr. Cutchens Yes
Mr. Fabian Yes
Ms. Fox Yes
Mr. Bednar Yes
Ms. Williamson Yes
Mr. Grau Yes
Mr. Rivero Yes
(3) AFFIDAVIT OF VIOLATION:
CASE NO. 82-1131-038
H. FRANK RUBIO, 1107 N. E. 104th St.
CONSTRUCTION OF UNLAWFUL STRUCTURE (CHICKEE HUT) IN
REAR SETBACK WITHOUT PERMIT.
Mr. LuBien reported the violations with regard to the
chickee - that it is an unlawful structure as to type of
construction and roof, as well as, being located in the
setback.
In the discussion that followed it waspointed out that
both the Planning Board and Council have determined that
this is a violation; also that a suit has been filed
in County Court for an injunction.
Mr. Rivero moved to proceed with the next step. The
motion was seconded by Ms. Williamson and passed with
the following vote:
•
•
•
Miami Jhore 9 llage
F L OR ID A
-3- December 2, 1982
Mr. Cutchens Yes
Mr. Fabian Yes
Ms. Fox Abstained
Mr. Bednar Yes
Ms. Williamson Yes
Mr. Grau Yes
Mr. Rivero Yes
(4) REPORTS:
(a) Case No. 82-409-030
SAMUEL J. RABIN, 9900-10-20 N. E. 2nd Ave.
Unsightly Parking Lot & Failure to install
required parking lot improvements. New owner
is working on the lot.
(b) Case No. 81-183-003
ATTILA BESE, 440 N. E. 91 St.
UNLAWFUL ROOF - Owner is removing the non-conform-
ing
onconform-
ing roof.
(c) Case No. 82-937-033
AIDAN M. McNALLY, 800 N. E. 96th St.
STORING INOPERATIVE VEHICLES.
The fine has been stopped as the cars have been
removed. The fine ran through last Sunday,
November 28, 1982.
(d) Case No. 82-1005-035
DENNIS PITTER, 117 N. W. 100th Terr.
STORING INOPERATIVE VEHICLE.
Removed within time allowed.
(e) Case No. 82-993-036
PETER J. HYDE, 1236 N. E. 93rd St.
HEDGES IN EXCESS OF HEIGHT LIMITATION
Nothing has been done on the hedge.
(f) Case No. 81-000-004
ELSIE BAIOFF, 336 N. E. 98th St.
RENTING ROOMS
A letter was received from Village Attorney Fann
stating that the Baioff appeal was heard by the
Court on July 15, 1982. To date the Court has
not rendered an opinion.
liami Jhores9illage
F L OR t D q
-4- December 2, 1982
After completing the agendaed items Mr. Rivero re -opened
a discussion of the Zorrilla case and asked if drawings are required
when a permit is issued. Mr. LuBien said no. There was further
discussion on why a permit was issued on a non -conforming fence.
Chairman Bednar asked Mr. LuBien to pursue the issue of
double fences.
The meeting adjourned at 8:50 p.m.
•
•
Secretary pro tem
Approved:
C a rman 4141°4-1'