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04-07-1983 Regular Meeting• aiami cfhores91llage F L OR ID A CODE ENFORCEMENT BOARD MEETING APRIL 7, 1983 A meeting of the Miami Shores Village Code Enforcement Board was held on April 7, 1983, 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 Kenneth Cutchens Santos F. Rivero Absent: Martha Sue Fox Also Present: Frank LuBien, Code Enforcement Director Richard L. Shelton, Code Enforcement Officer 1) MINUTES: Minutes of the meeting of March 3, 1983 were approved as written by motion made by Mrs, Williamson, seconded by Mr, Rivero and passed unanimously, 2) APPEAL OF FALSE BURGLAR ALARM RICHARD W. GREEN, 930 N.E. 95 ST. Due to previous commitment, Mr. Green requested his appeal be heard later on the agenda, APPEAL OF FALSE BURGLAR ALARM DR. JAY D. FTT:ENBY, 1009 N.E. 94 STREET Eight (8) false alarms were reported by the Police Department for this calendar year (January/December). Per our Ordinance 440-83, as no evidence of attempted entry was made, these are indeed false alarms and failure to pay fines assessed will result in a discontinuance of Police response to alarms occurring.at':this premises. Dr. Ellenby advised that the alarms were activated by mechanical problems within the cable system from his home to the police station. He noted that repeated complaints were made to the Telephone. Company, who acknowledged there was a problem. Dr. Ellenby submitted to the Board for examination a letter dated April 6th, from the Telephone Company, advising that the cables were changed and there should be no further problems. • • Miami cShores9illage FLORIDA - 2 - April 7, 1983 The Board established that the last false alarm recorded for this premises occurred on April 5th. Dr. Ellenby was advised it was the responsibility of the Police Department to respond to an alarm at the station but it was.Dr. Ellenby's responsibility to insure that it is, a workable system and a justifiable visit by the Police. Department; an unjustified visit is the burden of the resident whose obligation is to deal with the contract agent. Following discussion, Mr. Fabian moved that in light of the evidence submitted, we recommend that the Village Manager suspend this case for thirty (30) days and verify in May if the cable problem has been cleared. Motion was seconded by Mrs. Williamson and the following vote took place: Mr. Bednar No Mrs. Williamson No Mr. Grau Abstained Mr. Cutchens Yes Mr. Fabian Yes Mr. Rivero No The motion failed. The Chairman explained his 'No' vote was for the reason that- there hatthere is a violation of our ordinance.in this case,and the Village and/or the Telephone Company is not responsible for the malfunction of. the alarm system; the problem is the residents. Mt. Bednar stated that due to the volume (8 false alarms) the Board would go to the Village Manager with the recommendation that 50% of the false alarms.be held as the responsibility of Dr. Ellenby and the balance be held in abeyance. Following discussion by Board members, Mr. Fabian moved that it is a Finding -of -Fact that eight false alarms within 60 days were reported by Police Department in violation of Section 5, Paragraph (b), Ordinance 440-82, and the Board concludes that 50% may be the result of faulty cable lines, therefore, the Board recommends to the Village Manager that 50% (4 false alarms) be.hel.d the responsibility of Dr. Ellenby and Dr. Ellenby should continue to pursue the Telephone Company to maintain the system in correct working order. Motion was seconded by Mrs. Williamson and carried with the following vote: • 91iami cShores91l1age F L OR ID A ,.. 3 - April 7, 1983 Mr, Bednar Yes Mrs, Williamson Yes Mr. Grau Abstained Mr, Cutchens No Mk.' Fabian Yes Mr, Rivero Yes 4) HEARING, CASE NO, 83-1253-039 MARILYN T. WALKER, 255 N,W, 111 STREET ROOF AND HOUSE MILDEWED. PEELING'PAINT ON HOUSE Mr, LuBien reviewed the facts behind this case, Early in January, 1983, poor condition of exterior of residence was noted. Peeling paint on house and mildew on both the.roof and house is extensive, Notices were sent to Mrs, Walker but the problems still remain. Mrs. Sandra Boyett, who is renting this house from Mrs. Marilyn T. Walker, assumed responsibility for Mrs. Walker. Mrs. Boyett assured the Board that action was being taken. She received funds from Mrs. Walker and proceeded to clean the roof and prepare the house for painting, Mrs. Boyett, acting for Mrs. Walker, was advised that a permit was required by the Village to.complete the painting of the roof and the house to correct the violation within the confines of our Ordinance. The Board held a discussion with reference to completion date of this 'project, .Following discussion by the members, Mrs,. Williamson moved that we find there is mildew and peeling paint on this house, in violation of our Code, and if the condition is not corrected within sixty (60) days, a fine of $10.00 per day be assessed. Motion was seconded by Mr, Fabian and carried unanimously. 5) HEARING, CASE NO. 83-1164-040 KATHLEEN M. HAGERTY, 551 N.B. 105 STREET FAILURE TO MAINTAIN POOL, HOUSE, ROOF AND YARD KEEPING CATS IN A MANNER TO CAUSE NUISANCE Poor conditions existing at this residence were first observed in May, 1979. Violations were corrected only to recur, Current violations were observed in November, 1982. Extensions were requested and granted, but the violations remain. Miami cShoresCillage F L O R ID A • - 4 - April 7, 1983 Mr. LuBien and the Code Enforcement Officer, Mr. Shelton, visited the premises today and noted that preliminary work was started but the 10 cats are still in evidence. Mrs. Hagerty advised:the Board that she would have 7 of the cats put to sleep on the day following the Board meeting. She noted that she has moved toward cleaning the pool and contacted FP & L, who were lax in removing from the property trees felled by the recent storm. These trees have been cut into 5' lengths for disposal. The illness and subsequent death of Mrs. Hagerty's mother has caused delay in.complying. with these violations. The Chairman advised Mrs. Hagerty that these were recurring violations and she had a responsibility to the community to maintain her property. Following discussion by the Board, Mr. Fabian moved that in view of the circumstances explained by Mrs. Hagerty, the Board suspend action on this case for 90 days to give Mrs. Hagerty time to clear these violations. Motion was seconded by Mr. Grau. Mr. Cutchens asked to amend the motion to state that Mr. LuBien report each 30 days to the Board the progress in this case. The amendment was accepted by Mr. Fabian and the motion seconded by Mr, Grau.. The amended motion was then passed unanimously. 6) HEARING, CASE NO. 83-1236-041 W.F. ANDES, 1080 N.E. 96 STREET FAILURE TO CONTAINERIZE TRASH Mr. LuBien reported that Mr. Zac Martin, Waste Supervisor, Miami Shores Public Works Department, advised that loose trash was regularly placed at alley of 1080 N.E, 96 Street. On 1/16/83 and 1/24/83 notices were sent with no results. Mr. W.F. Andes advised that the clippings, grass, branches, etc. were being placed in the alley by gardeners in the area. Mr. Martin confirmed these facts and advised that Mr. Andes was properly containerizing his garbage. Mr. Andes notified the Police Department of the dumping in his alley, but was advised they could do nothing about this. • • adiami =.rhores9illage F L OR ID A - 5 - April 7, 1983 Mr. Andes did not wish to identify the source of the trash on his property. He was advised that the Village would be supportive in helping to resolve this problem but the perpetrator has to be identified. The condition of the property Was the responsibility of the owner. Recommendation was made that Mr. Andes could post a 'No Dumping' sign on the property, Following discussion, Mr. Cutchens moved that a Finding -of - Fact is that a violation of the Village Code exists, and due' to the circumstances explained by Mr, Andes and Mr. Zac Martin, 30 days be allowed to correct this violation, arid if the violation continues, a fine of $5.00 per day be assessed-. The motion was seconded by Mrs, Williamson. Mr. Fabian asked to amend the motion to table action for 30 days and have the Assistant Code Enforcement Officer look into this and talk to the gardener responsible. The amendment was not accepted by Mr. Cutchens, • The original motion by Mr, Cutchens carried with the • following vote: Mr, Bednar Yes Mrs, Williamson Yes Mr. Grau No Mr. Cutchens Yes Mr. Fabian No Mr, Rivero Yes 7) AFFIDAVIT OF VIOLATION, CASE NO. 83--911--042 AUDLEY N. CLARKSON, 9438 N,W, 2ND COURT CONSTRUCTION OF ACCESSORY BUILDING IN SETBACK The. Building Director reviewed the facts of this case, Construction of an accessory building without a permit was noted on 4/26/82. Notice of Violation was sent and Mr. Clarkson requested a variance, which was denied by the Planning & Zoning Board. Due to financial limitations, an extension was requested and granted. In late January, 1983, the violation remained and there was no response to our Final Notice and letter from the Village Manager. Mr. Rivero moved that we proceed to the next step, seconded by Mrs. Williamson and carried unanimously, Miami chores` 'Hage F L OR ID A - 6 2) APPEAL OF FALSE BURGLAR ALARM RICHARD W, GREEN,'930 N.E.' 95 STREET April 7, 1983 The Police Department recorded a false alarm occurring on March 10, 1983, tempted entry to premises. Mr. Green advised that upon checking, it was noted the alarm was not set so there was no way the audible could sound. Mr. Green felt there may have been a problem with the Telephone Company, This was Mr. Greens first false alarm for this year; he had one false burglar alarm last year. The Board advised Mx. Green that he is responsible for resolving any problems to the system with his contractor and in fact, this alarm was activated in the Police station, and officers were dispatched and found no evidence of attempted entry. Following discussion, Mr. Fabian moved that recommendation be made to the Village Manager that a Finding -of -Fact is that this was a false burglar alarm, but was not activated in Mr. Green's residence, therefore, it is Mr. Green's responsibility to contact the proper authorities in the Telephone Company to have deficiencies corrected and Mr. Green produce evidence from Southern Bell in 30 days that the problem is corrected, with a possible no charge on the first offence. Mr. Rivero offered an amendment that it is a Finding -of -Fact that this is a false alarm in violation of Ordinance 440-82 and should be charged as a violation. The amendment was not accepted. A further amendment was made by Mrs. Williamson that the violation remain on record and the Board recommend that Mr. Forney consider that it appears that the problem is in the phone line, and Mr. Green supply additional evidence of correction of the problem by the cable company. The amendment was accepted by Mr. Fabian and the original motion, as amended, carried unanimously, Mr. Green was advised by the Board that the Village Manager had the ultimate decision in this case, REPORTS FROM PREVIOUS MEETING: A. CASE NO. 82-993-036 PETER J. HYDE, 1236 N.E. 93 STREET The hedges have been cut and he is in compliance at present. aiami cihoresllage F L OR 10 A • _- 7 April 7, 1983 B. CASE NO, 82=1019-037 EMETERIO ZORRILLA, 916 N,E. 96 STREET Fence Is .now in compliance and Affidavit of Compliance was issued on March 3, 1983. C. CASE NO. 82-1131-038 H. FRANK RUBIO, 1107 N.E. 104 STREET Trial is set for the 14th of this month re the Chickee Hut. D. CASE NO. 82-937-033 AIDAN M. McNALLY, 800 N.E. 96 STREET Another Notification of Lien was sent to Mr. McNally on March 24, 1983. The amount of unpaid lien is $170.00. The meeting adjourned at 9:05 p.m. • • Approved: