Loading...
07-07-1983 Regular Meeting• • c7liami Jhores91Ilage F L O R t D A CODE ENFORCEMENT BOARD MEETING JULY 7, 1983 A meeting of the Miami Shores Village Code Enforcement Board was held on July 7, 1983, 7:30 p.m., at the Village Hall, with the following Board members present: Julie A.S. Williamson - Vice Chairman Eugene F. Fabian Kenneth Cutchens Santos F. Rivero Franklin E. Grau Barry K. Asmus Absent: Donald L. Bednar, Chairman Also Present: 1) MINUTES: Leslie R. Forney,Jr, Village Manager Frank LuBien, Code Enforcement Director Richard L. Shelton, Code Enforcement Officer Minutes of the meeting of June 9, 1983 were approved by motion by Mr.. Cutchens, with request for discussion of paragraph 3, page 1, after the regular meeting, seconded by Mr. Rivero, and carried 4/2 with Mr. Asmus and Mr. Fabian dissenting. HEARING, CASE NO. 83-811-042 AUDLEY N. CLARKSON, 9438 N.W. 2ND COURT CONSTRUCTION OF ACCESSORY BUILDING IN SETBACK This case involves construction, without permit, of an accessory building in side setback. Owner applied for variance to permit the accessory building to remain in side setback; variance was denied by Planning & Zoning Board. Due to financial limitation, extensions for compliance were granted. The first notice of violation was sent on 4/26/82 and to date violation still exists. At the meeting of the Board on June 9th, a 30 day extension was granted to Mr. Clarkson based on a petition from his attorney, Mr. Freeman D, Tate, as counsel was not advised of the meeting. Following lengthy discussion with Mr. Tate with reference to his client complying with the Code, Mr. Rivero made a motion that it is a Finding -of -Fact that construction of accessory building in setback is a violation of the Schedule of Regulations, Appendix A, Zoning Ordinance No. 270, of the Miami Shores Village Code of Ordinances and it is the order of the Board that a fine of $20.00 per day be • • Miami cfhores99Ilage F L OR ID A - 2 - July 7, 1983 levied as of today (July 7, 1983). Mr. Grau asked to amend the motion to state the accessory building is less than 15 feet from the main building and less than 10 feet from the side plot line, and that the fine commence a week from today (July 14, 1983). The amendment was accepted and the motion seconded by Mr. Fabian. The amended motion then passed with the following votes: Mrs. Williamson No Mr. Cutchens Yes Mr. Grau Yes Mr. Rivero Yes Mr. Asmus Yes Mr. Fabian Yes 3) HEARING, CASE NO. 83-1341-047. DAVID G. HAYLOCK, 10635 N.E. 11 COURT NUMEROUS VIOLATIONS This case as reviewed by the Code Enforcement Director involves unsightly yard, hedges in excess of height limitations, excessive mildew and peeling paint on exterior of structure, unsecured swimming pool, miscellaneous junk in yard and inoperable motor vehicle in residential zone. The site was revisited prior to the meeting by the Code Enforcement Director and the Code Enforcement Officer at the request of David Haylock per correspondence dated June 28th. This correspondence advised that painting was in progress and arrangements were made for ongoing maintenance. Mr. LuBien noted that very little has been done to rectify these violations. Following discussion, Mr, Cutchens moved that it is a Finding -of -Fact that Mr. Haylock is in violation of our Zoning Ordinance No, 270 (11-1, 11-12.(a) 12-43, 14-43(a) , 517 & 518(a), and it is the order of this Board that a fine of $5.00 per day be levied, commencing 10 days from today (7/7/83). Mr. Asmus asked to amend the motion that the fine commence in 30 days. The amendment was accepted, and :the motion seconded by Mr. Grau and carried unanimously. • • iami JhorescKllage F L OR ID A - 3 - 4) HEARING, CASE NO. 83-1360-048 DOROTHY ORTLIEB, 273 N.W. 92 STREET SCALING PAINT ON WOOD TRIM AND GARAGE DOOR July 7, 1983 Mr. LuBien reported that Mrs. Ortlieb is in Kentucky trying to dispose of some property, however, she called the Building Director from Kentucky to advise she could not attend the meeting. Correspondence from Mrs. Ortlieb, dated April 27, 1983 was read into record, noting that arrangements were made to paint the structure and replace the garage door with a metal door. Inspection today revealed that progress has been made.to comply. Following discussion, Mr. Rivero moved that it is a Finding -of -Fact that there is scaling paint on the building, in violation of Section 1243 of the Miami Shores Village Code, and it is ordered by the Board that Mrs. Ortlieb be given thirty (30) day to comply. Motion was seconded by Mr. Fabian and carried 5/1, with Mr. Cutchens dissenting, 5) HEARING, -CASE NO. 83-1403-049 ELEANOR WYLK, 185 N.W. 104 STREET SCALING PAINT ON GARAGE DOOR Mr. LuBien reported that Mrs. Wylk came to the Village Hall today and respectfully requested to be excused from the meeting because she was mugged one evening and suffered several physical injuries and does not go out at night any longer. Inspection today reveals that the violation has been corrected. Mr. Asmus moved that it is a Finding -of -Fact that violation to Miami Shores Village Code, Section 12-43 did exist and Mrs. Eleanor Wylk • is hereby declared to be in compliance with Section 12-43, Miami Shores Village Code and the pending violation before the Board is dismissed, seconded by Mr. Grau and carried unanimously, 6) HEARING, CASE NO. 83-1417-050 ANGELA MORRISON, 402 N.W. 111 TERRACE STORING INOPERATIVE VEHICLE Mr. LuBien reported inspection revealed the inoperative vehicle has been removed. Mrs. Morrison is out of town and could not attend the meeting. Mr. Grau moved that Form 4-A, Affidavit of Compliance, be issued with all appropriate entries, seconded by Mr. Grau, and carried unanimously. • liami chores91llage F L OR ID A 4 - July 7, 1983 7) HEARING, 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 The first hearing on this case was held three months ago. This is a continuance of that hearing. Inspection today revealed significant improvement of the grounds, the house has been cleaned, but still needs painting; the roof requires painting; the pool has been cleaned; the only problem 6 cats are still on the premises. Mrs. Hagerty appeared at the meeting. The main problem_ now is the overhang and the cats. Following discussion, Mr. Graze moved that we table action on this case for thirty days, seconded by Mr. Rivero and carried 5/1, with Mr. Cutchens dissenting. 8) AFFIDAVIT OF VIOLATION, CASE NO. 83-628-051 RONALD J. NORROCCO, 53 N.E. 107 STREET IMPROPER BOAT STORAGE Mr. LuBien recited the facts behind this violation. Boat was observed on February 6, 1981 and notices were sent 2/6/81, 5/14/81, 6/9/81, 1/11/82 & 7/15/82. Photographs submitted to the Board revealed the Boat is still parked/stored in front of the residence in residential zone in violation of Ordinance 270 Sec. 312-1. Mr. Rivero moved that the Board proceed with the next step. The motion was seconded by Mr. Grau and carried unanimously. 9) AFFIDAVIT OV VIOLATION, CASE NO. 83-1347-052 DENNIS PITTER,.117 N.W. 100 TERRACE UNSIGHTLY YARD Inspection made on March 29, 1983 revealed an unoccupied house with overgrown and unsightly yard. Miscellaneous debris was strewn all about the side and rear yards. Notices were sent on 3/29/83 and 4/15/83 but no action or response has been made. Mr. Graze moved that the Board proceed with thenext step. The motion was seconded by Mr. Rivero and carried unanimously. • • iami Jhoresllage FLORIDA - 5 - July 7, 1983 10) AFFIDAVIT OF VIOLATION, CASE NO. 83-1496-053 ANN E, GRABAN & M.C. ANDERSON 1 N,E, 108 STREET SCALING PAINT AND WATER STAINS On April 29, 1983 scaling paint and water stains were observed. Notices were sent but there was no response or action. Mr. Rivero moved that the Board proceed with the next step, The motion was seconded by Mr, Cutchens and carried 5/1, with Mr, Fabian dissenting. 11) AFFIDAVIT OF VIOLATION, CASE NO. 83-1420-054 JUAN A. HENRIQUEZ, 265. N.E. 111 STREET SCALING PAINT AND MILDEW Mr. LuBien reported that scaling paint and excessive mildew on fascia and soffit were observed on April 11, 1983. Notices were sent but there has been no response or action. Mr. Fabian moved that the Board proceed with the next step, The motion was seconded by Mr. Asmus and carried unanimously, 12) REPORTS FROM PREVIOUS MEETING: A. CASE NO. 8.3-1218-043 MILDRED CARLUCCI, 9315 N. MIAMI AVENUE Mr. LuBien noted that he was advised that this case of incomplete roof repairs will be completed and in compliance by Saturday, July 9, 1983. The due date on .order for compliance is July 10th. Following discussion, Nr. Grau movedwe take no action and reassess this at our next meeting. Motion was seconded by Mr. Asmus and carried unanimously. B. CASE NO. 83-1328-046 CHARLES C. HAYEK, 9495 N. MIAMI AVENUE Mr. LuBien advised the Board that the inoperative commercial vehicle has been removed. • • 41iami cfhores'9illage F L OR ID A - 6 - July .7, 1983 Mr. Cutchens requested discussion on Page 1, Paragraph 3 (Item 2) following the completion of the regular agenda. Mr. Cutchens feels that any property owner cited by Miami Shores Village for a violation who choses to be represented by legal counsel, notify our Code Enforce- ment Director with a written notice designating that person as legally representing that person or persons cited and request notification of meetings relative to his client. Mrs. Williamson clarified that when it is a matter of record and an attorney appears before the Board, as a matter of courtesy advise of future hearings should be sent. Following discussion, Mr. Grau moved that we amend paragraph 3. to read: as a matter of greteeel courtesy, when an attorney appears before the Board, said attorney be advised of subsequent hearings relative to the case, if he so requests. The motion was seconded by Mr. Rivero and carried unanimously. Minutes were approved with deletion and addition so noted. The meeting adjourned at 9:30 p.m. Secretary APPRO