05-05-1983 Regular Meeting•
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CODE ENFORCEMENT BOARD MEETING
MAY 5, 1983
A meeting of the Miami Shores Village Code Enforcement Board
was held on May 5, 1983, at 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
Also Present: Frank LuBien, Code Enforcement Director
Richard L. Shelton, Code Enforcent Officer
1) MINUTES:
Minutes of the meeting of April 7, 1983 were approved as
written by motion made by Mr. Rivero, seconded by Mr, Cutchens,
and passed unanimously.
2) HEARING, CASE NO, 83-811-042
AUDLEY N. CLARKSON, 9438 N.W, 2ND COURT
Mr. LuBien reviewed the facts behind this violation. Construction
of accessory building, without a permit, in setback, was noted
on April 26, 1982. Notice of Violation was sent and Mr, Clarkson
requested a variance, which was denied by the Planning and Zoning
Board. There was no positive response to Final Notice or letter
from the Village Manager.
Attorney Freemen Tate, representing Mr. Clarkson, requested the
Board grant an extension of time to prepare. Mr. Clarkson's case.
Following discussion, Mr. Fabian moved that it is a finding -of -
fact that Mr. Clarkson is in violation of our ordinance, however,
since he_ -appointed an attorney, we grant 30 days extension, from
today's date at which time he is to present to the Board final
evidence, and fine is to be suspended until that time. Motion
was seconded by Mrs. Williamson.
Following further discussion by the Board Mr, Fabian withdrew his
motion and Mrs, Williamson moved that we suspend this case for
30 days to allow Mr, Tate to prepare the facts and present this
case at our June meeting, Motion was seconded by Mr. Fabian and
carried unanimously,
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3) AFFIDAVIT OF VIOLATION, CASE NO. 83-1218-043
MILDRED CARLUCCI, 9315 N. MIAMI AVENUE
Facts behind this case were reviewed by the Building Director,
Incomplete roof repairs were observed on January 4, 1983. Notices
were sent and several extensions were granted,due to adverse weather
and Mrs. Carlucci's financial burdens. Final Notice was sent on
January 24, 1983, No action has been taken.
Following review of photographs by the Board, Mrs, Williamson
moved that we proceed with the next step, seconded by Mr.
Rivero, and carried unanimously,
AFFIDAVIT OF VIOLATION, CASE NO, 83-1219-044
ROBERT BIRDWELL,' 9333 N, MIAMI AVENUE
Incomplete roof repairs were first observed on January 4, 1983.
Notices were sent and several extensions were given.
The Building Director advised the violation has been partially
resolved.
Following discussion, Mr, Fabian moved that we proceed with
the next step, seconded by Mrs, Williamson,. and carried
unanimously.
5) AFFIDAVIT OF VIOLATION, CASE NO, 83-1346-045
JUAN ANTONIO HENRIQUES, 265 N.W, 111 STREET
Inoperative motor vehicle storage and overgrown and unsightly
parkway were observed on March 23, 1983. Notices were sent,
Mr. LuBien advised that inspection today revealed Mr. Henriques
is now in compliance. Mr. Cutchens moved that the violation
has been corrected and therefore we have no case. Motion was
seconded by Mr. Fabian and carried unanimously.
6) AFFIDAVIT OF VIOLATION, CASE NO. 83-1328-046
CHARLES C. HAYEK, 9495 N. MIAMI AVENUE
Two commercial inoperative vehicles were observed, parked in
front of residence on March 7, 1983. Notices were sent and
vehicles were moved from time to time, but remain parked in
residential district, Photographs of the commercial vans
were viewed by the Board.
Mrs. Williamson moved that we proceed with the next step,
seconded by Mr. Fabian, and carried unanimously,
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7) REPORTS FROM PREVIOUS MEETING:
A. CASE NO. 82--1131-038
H. FRANK RUBIO, 1107 N,E, 104 STREET
This case re Chickee Huts went to Court and the ruling
was in favor of Mr, Rubio, Our Ordinance remains intact;
the Judge recommended we amend our Ordinance so that we
specifically exclude Chickee Huts.
B. CASE NO, 83-1253-039
MARILYN T. WALKER, 255 N;W, 111 STREET
This structure had peeling paint, and the roof and house
were mildewed. There has been considerable improvement
and Mrs, Walker is working. She has until June 6th for
completion.
C. CASE NO, 83-1164-040
KATHLEEN M. HAGERTY, 551 N,E,105 STREET
This case was failure to maintain pool, house, roof and yard
and harboring numerous cats on premises,
Some work is being done, The yard is in reasonable control;
there is some improvement on the house, Mrs.:Hagerty applied
for permit to paint the house and roof,
Five cats were counted by the Building Department on inspection
today. Mr, LuBien will stop by and talk with Mrs, Hagerty again,
She has 90 days before we bring her case back,
D. CASE NO. 83-1236-041
W.F. ANDES, 1080 N.E. 96 STREET
Mr. Andes has complied to the satisfaction of the Waste Supervisor
and also the Code Enforcement Director relative to containerizing
trash.
The Board acknowledged receipt of photocopy of correspondence to Mr,
Richard W. Green and Dr. Jay D. Ellenby from the Village Manager, reference
false alarms.
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The Chairman advised that in a discussion held with Mr, Forney
relative to burglar alarms, the Village Manager re-emphasized
that the Telephone Company (as an alarm company agent) contracts
to do business with the resident, and if the Telephone Company
fails to perform, or the burglar alarm fails to perform, it is
the residents problem and not the Board's to evaluate, Indivi-
duals cited for false alarms, other than for conditions normally
excluded from being charged to theresident, should be charged
as false alarms. Mr, Bednar noted precedent should not be set
by withdrawing false alarms that do not meet the ordinance; we
should uphold the ordinance,
The Chairman requested that the secretary draft a formal letter
to the Village Manager with reference to the resignation of
Martha Sue Fox from the Code Enforcement -Board due to personal
pressing family matters,
The meeting adjourned at 8:30 p,m®
' Secretary
Approved s