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06-09-1983 Regular Meeting• • aiami chores9llage F L OR ID A CODE ENFORCEMENT BOARD MEETING JUNE 9, 1983 A meeting of the Miami Shores Village Code Enforcement Board was held on June 9, 1983, 7:30 p,m., at the Village Hall, with the following Board members present: Absent: Also Present: 1) MINUTES: Donald L. Bednar, Chairman Eugene F. Fabian Julie A.S. Williamson Santos F. Rivero Kenneth Cutchens Barry K. Asmus Franklin E. Grau Frank LuBien, Code Enforcement Director Richard L. Shelton, Code Enforcement Officer Leslie R. Forney, Jr., Village Manager Minutes of the meeting of May 5, 1983 were approved as written by motion made by Mrs, Williamson, seconded by Mr. Rivero, and carried unanimously. HEARING, CASE 'NO, 83x811-042 =LET N,' KSON, 9438 Nj‘7'e 2ND COURT CONSTRUCTION OF ACCESSORY BUILDINGIN SETBACK Review of the facts behind this case revealed that variance was denied Mr. Clarkson by the Planning & Zoning Board for accessory structure, in setback, constructed without a building permit. Subsequently, the Code Enforcement granted Freeman Tate, attorney for Mr. Clarkson, an extension for preparation of his presentation for his client. Mr. Tate was not present at this meeting, however, Mr. Clarkson presented to the Board a petition from his attorney requesting a second extension due to the fact that YX,Tate did not personally receive notification of the June 9th meeting, Following discussion, the Chairman requested that the Code Enforcement Director, as a matter of protocol and courtesy, when an attorney appears before the Board, said attorney be advised of subsequent hearings relative to the case. In this • Miami jhores911Iage F L OR ID A - 2 June 9, 1983 case the attorney requested the 30 day extension at the Code Board's previous meeting and the Building Director should have appropriately contacted the attorney, as well as the individual involved. Mr, Fabian moved it is a Finding -of -Fact that Mr. Clarkson is in violation of Ordinance 270, however, based on. the petition pre- sented to the Board, a 30 day extension be granted. Mr, Rivero offered an amendment to the motion that there be no further extensions granted in this case, The amendment was accepted and seconded by Mrs. Williamson. Mrs. Williamson offered a further amendment that the attorney be notified of our next meeting date (July 7, 1983), and if not in compliance by that meeting, the Board proceed with the next step, The amendment was accepted and seconded by Mr, Rivero, The original :motion, as amended, was seconded by Mrs. Williamson and carried unanimously, 3) HEARING, CASE NO, 83-1218-043 MILDRED CARLUCCI, 9415 NORTH MIAMI AVENUE_ INCOMPLETE ROOF REPAIRS This case has an existing violation since January 4, 1983, Mrs, Carlucci, present at the meeting, advised she could not complete the roof repairs due to 'a cardiac problem and financial burdens. On behalf of Mrs. Carlucci, Mr. Robert Birdwell, her next door neighbor, assured the Board he will assist Mrs, Carlucci, and will replace the tiles within three weeks. Following discussion, Mr, Cutchens moved there is a Findtng-of--Fact. there are incomplete roof repairs and an existing violation of our Code, and if this violation is not corrected within 30 days, a fine of $10.00 a day be levied for. each day the violation exists, Motion was seconded by Mrs. Williamson and carried unanimously, HEARING, CASE No. 81-1219-044 ROBERT BIRDWELL, 9333 NORTH MIAMI AVENUE INCOMPLETE ROOF REPAIRS • Mr, LuBien advised the Board that Mr, Birdwell is now in compliance. Motion was made by Mrs. Williamson that Finding -of -Fact is that there did exist a violation, which has since been corrected; conclusion • • iami Jhores'iIage F L O R 1 D A - 3 - June 9, 1983 of law is. violation existed as of this date, and appropriate notice of compliance be filed. Motion was seconded by Mr. Rivero and carried unanimously, 5) HEARING, CASE NO. 83-1328-046 CHARLES C. HAYEK, 9495 NORTH MIAMI AVENUE STORING INOPERATIVE COMMERCIAL VEHICLES Two commercial inoperative vans were parked in residential zone. Inspection revealed one van remains, Mr. Hayek did not appear at the hearing, however, he hand delivered a letter to the Village on May 280 1983 advising the truck would no longer be parked at the residence. Following discussion, Mr. Cutchens moved that it is a Finding - of -Fact that a commercial vehicle is being parked in a residential zone in violation of zoning Ord. 270 and it is the order of the Board that if Charles C. Hayek does not comply by June 20th, a fine of $10.00 per day be levied for each day the violation con- tinues to exist. Motion was seconded by Mrs. Williamson and carried with the following vote: Mr. Bednar No Mr. Fabian Yes Mrs. Williamson Yes Mr. Rivero Yes Mr, Cutchens Yes Mr. Bednar requested the Code Enforcement Director to address the question to Mr. Hayek of the use of the garage for woodworking purposes. The Chairman noted he has a problem in this case that when the garage doors are open and woodworking is in progress, the view on North Miami Avenue is deleterious as to appearance in the Village of Miami Shores. 6) AFFIDAVIT OF VIOLATION, CASE NO. 83-1341-047 DAVID G. HAYLOCK, 10635 N.E. 11 COURT NUMEROUS VIOLATIONS This case involves numerous violations going back to January 11, 1983, namely, unsightly yard, hedges in excess of height limitations, ex- cessive mildew and peeling paint on exterior of structure, unsecured swimming pool, miscellaneous junk in yard and inoperable motor vehicle in residential zone. • JhoreS tillage FLORIDA - 4 - June 9, 1983 Mr. LuBien noted that Mr. Haylock travels extensively, however, he did advise the Code Enforcement Director the problems would be corrected. Token attempts have been made toward correction and violations continue. Following examination of photos of the present condition of this property, Mr, Rivero moved that we proceed with the next step, seconded by Mrs. Williamson and carried unanimously, 7) AFFIDAVIT OF VIOLATION, CASE NO. 83-1360-048 DOROTHY ORTLIEB,' 273 N.W, 92 STREET SCALING PAINT ON WOOD TRIM AND GARAGE DOOR This violation was observed on April 5, 1983, On April 27, 1983, correspondence was received from Mrs, Ortlieb revealing financial difficulties and inability to complete work personally due to advanced age (70 yrs.). Mrs, Ortlieb did note the work would be accomplished at some future time, Following discussion and observing photographs of the present condition of structure, Mrs. Williamson moved we proceed with the next step, seconded by Mr. Asmus, and carried unanimously. 8) AFFIDAVIT OF VIOLATION, CASE NO. 83-1403-049 ELEANOR WYLK, 185 N.W. 104 STREET SCALING PAINT ON GARAGE DOOR This violation was observed on April 11, 1983. Notices were sent and final notice was unclaimed. Violation still exists as of today's meeting. Photographs were viewed by the Board and note was taken that this attached garage faces N.W. 2nd Avenue and is indeed in very poor condition. At this time, Mr. Rivero observed that in the previous case, Mrs. Ortlieb, who is 70 years old, made attempts,according to information from Mr. LuBien, to scrape the peeling paint herself, and had the courtesy to write to the Village, whereas Mrs. Eleanor Wylk made no attempt to respond to notices and refused to claim the final notice. The Chairman agreed this should go on record. • Mrs. Williamson moved we proceed with the next step, seconded by Mr, Asmus, and carried unanimously. • • aiami cJhores9illage F L OR ID A - 5 - 9) AFFIDAVIT OF VIOLATION, CASE NO..83-1417-050 ANGELA MORRISON, 402 N.W. 111 TERRACE STORING INOPERATIVE::VEHICLE On April 11, 1983 two inoperative vehicles were observed in residential zone. Notices were sent and one vehicle was removed. Inspection today (6/9/83) reveals the remaining inoperative vehicle is in the front yard and photographs submitted to the Board show the car has been in a severe accident. Mrs. Williamson moved we proceed with the next step, seconded by Mr. AsMus, and carried unanimously, 10) REPORTS FROM PREVIOUS MEETING; A. CASE NO. 83-1253-039 MARILYN T. WALKER, 255 N.W. 111 STREET ROOF AND HOUSE MILDEWED. PEELING PAINT ON HOUSE Mr. LuBien reported that Mrs. Walker is 98% complete with the work and there is a very marked improvement. A notice of compliance will be issued. B. CASE NO. 83-1164-040 KATHLEEN M. HAGERTY, 551 N.E. 105 STREET FAILURE TO MAINTAIN POOL, HOUSE, ROOF AND YARD, KEEPING CATS IN A MANNER TO CAUSE NUISANCE. Mr. LuBien advised that inspection was made at this residence a month ago and also today (6/9/83) by Mr, LuBien and the Code Enforcement Officer. No progress has been made to reduce the number of cats on the property, The 90 days granted to Mrs, Hagerty by the Board will be up July 7th, The Board agreed this case will be considered and acted upon at our next meeting. The meeting adjourned at 9:00 p.m. Secretary