01-06-1983 Regular Meeting•
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Miami cShores9Ilage
F L OR ID A
CODE ENFORCEMENT BOARD MEETING
JANUARY 6, 1983
A meeting of the Miami Shores Village Code Enforcement Board
was held on January 6, 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: None
Also Present: Frank LuBien, Code Enforcement Director
(1) MINUTES:
Minutes of the meeting of December 2, 1982 were
approved as written by motion made by Mr. Cutchens,
seconded by Mr, Rivero and passed unanimously.
(2) HEARING:
CASE NO, 82-1131-038
H. FRANK RUBIO, 1107 N,E. 104 STREET
CONSTRUCTION OF UNLAWFUL STRUCTURE (CHICKEE HUT)
IN REAR SETBACK, WITHOUT PERMIT
Mr. LuBien reviewed the facts behind this violation.
Unlawful structure, encroaching in rear set -back area
was observed May, 1982. Notices were sent October 28
and November 17, 1982. Owner applied for variance
which was denied by Planning & Zoning Board June 10, 1982;
Council upheld denial October 19, 1982. The violation
still exists.
Mr. Rodney W. Bryson, Bryson & Berman P.A,, attorney for
Mr. Rubio disputed decision that. the chickee hut was an
unlawful structure, in an unlawful set back,
Mr. Bryson advised the Board Mr, Rubio claims riparian
rights and therefore no violation to the set -back exists,
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liami Jhores9fltage
F L OR ID A
- 2 - January 6, 1983
Secondly., MX, Bryson reported Mr, Rubio presently
uses the Structure as a carport and no longer
considers it a chickee hut, He quoted Section
225 (c) and observed it meets the exception to
the Village Ordinance,
Mr, Bryson advised that judicial proceedings were
pending before Judge Grossman in Circuit Court of
Dade County to determine whether or not this structure
is non -conforming and in violation of existing Ordinance,
Mr, Bryson requested the Board defer enforcement action
until Judge Grossman has ruled upon the case, if the
court rules against Mr. Rubio, Mr. Bryson stated that
the structure would be removed immediately.
The opinion of the Board is that this structure is
not a carport and following lengthy discussion, Mr.
Fabian moved that Finding of Fact is that this is
an unlawful structure in rear setback area, and
a fine of five dollars a day be levied, thirty
days from today's date if the structure is not
removed, and if the case goes to court and defendant
is granted permission to retain the structure, the
fine be removed. Motion was seconded by Mrs, Williamson,
Mr. Cutchens offered an amendment to the motion to
eliminate the second part of the Motion .referring
to the court and removal of fine. This amendment
was accepted and seconded by Mrs, Williamson.
Mr. Bednar stated that setting a fine would normally
be the appropriate action, however, no matter what
fine was set, it will be affected by the Court ruling
and in this case should be deferred until decision is
rendered.
Mrs. Williamson felt that if there was a negative Court
hearing,. or not reasonably and diligently pursued, we
should impose an immediate penalty and not have this
case ongoing for a year or more, She also questioned
whether a record of Lis pendes was filed on this case,
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Miami chores9illage
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- 3 - January 6, 1983
, FAb i Ap ed tp amend his original motion to read
90 days instead of 30 days. This amendment was
seconded by Mr. Cutchens who requested a further
amendment to the motion to read "if the structure
is not in compliance". Mr. Cutchens amendment died
for lack of a second.
The original motion, as amended to eliminate the
second part referring to the court and changing
30 days to 90 days was then passed with the vote
of 4/3., With the following votes cast;
Mr. Bednar No
Mr. Fabian Yes
Mrs. Williamson Yes
Mr. Grau No
Mrs, Fox Yes
Mr. Cutchens Yes
Mr. Rivero No
Mr. & Mrs. Al Slobusky of 1481 N.E. 104th Street attended
the Hearing. Violation notice was sent to the Slobusky's
on 11/24/82 for construction of unlawful structure (chickee
hut) and construction of metal utility shed and structure
for raising plants in side yard, all done without a permit.
Mr. Slobusky advised that the chickee hut was on the
property for 6 years. The Slobusky's were informed.
of the proper procedure to follow relative to their
violation.
(3) REPORTS FROM PREVIOUS'MEETING;
A. CASE NO. 81-000-004
ELSIE'BAIOFF., 336 N.E, 98 STREET
RENTING ROOMS
We lost this case in court.
B. CASE NO. 82-993-036
PETER J. HYDE, 1236 N.E, 93 STREET
HEDGES IN EXCESS OF HEIGHT LIMITATION
We are preparing to issue an Affidavit of Non -Compliance
and file a lien against the property
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adiami Jhores9iliage
F L OR ID A
4 ^ January 6, 1983
CASE NO, 82-p19-037
EMETERIQ ZQR;RILLtA, 916 N, E, 96 STREET.
CONSTRUCTION OF UNLAWFUL FENCE WITHOUT PERMT
Mr. LuBien advised this case has 30 days to go,
After completion of the agendaed items Mr, Rivera opened a discussion
on the following cases whichaccordingto the Code. Enforcement Director
are now administrative cases, Mr, LuBien advised Ir, Rabin finished
the parking lot improvements, Mr, Bese's roof is almost completed'
and Mr, McNally has not paid the fine and there is a lien of record,
The meeting adjourned at 9;00 p,m,
Approved;