Loading...
08-04-1983 Regular Meeting• • • liami Jhores9illage F L OR ID A CODE ENFORCEMENT BOARD MEETING AUGUST 4, 1983 A meeting of the Miami Shores Village Code Enforcement Board was held on August 4, 1983, 7:30 p,m., at the Village Hall, with the following Board members present: Donald L. Bednar, Chairman Julie A,S, Williamson Eugene F, Fabian Santos F. Rivero Barry K. Asmus Kenneth Cutchens Absent: Franklin E, Grau Also Present: Frank LuBien, Code Enforcement Director Richard L, Shelton, Code Enforcement Officer Prior to the formal meeting, the Chairman, Mr. Bednar, issued a preliminary statement on what the Code Enforcement Board is designed to effect. He stated it is a group of Village citizens who determine the conditions of an Ordinance; whether an Ordinance is or is not in compliance; then attempt to remedy the problem, if it has been determined there is one. He noted it is noteworthy to bear in mind that the people represented on the Code Enforcement Board are fellow Village residents who do every- thing in their power to be certain that all factors are taken into con- sideration before the Board attempts to establish a method or resolution of any complaint. Following this, the regular meeting proceeded. 1) MINUTES: Minutes of the meeting of July 7, 1983 were approved as written by motion made by. Mr, Asmus, seconded by Mr, Rivero, and carried unanimously. HEARING, CASE NO, 83-628-051 RONALD J, MORROCCQ, 53 N,E 107 STREET. IMPROPER BOAT STORAGE Mr. LuBien cited the facts behind this violation,. Boat was first observed in front yard on 2/6/81, Notices was sent and violation was corrected, Since that time, four additional notices were sent as a result of recurring violations. Latest violations occurred June llth & 12th, 1983, Nr. LuBien has talked with Mr, Norrocco and Mr. Morracco concurs that the requests from the Building Director are not unreasonable. However, the violation still exists. Mr,Norrocco's next-door neighbor, • aiami Jhores96Ilage F L 0 R 1 D A CODE ENFORCEMENT BD.MTG. - 2 - August 4, 1983 Mrs. Alice L. Burns, has called on numerous occasions when the boat has been out over night. Mr. Ronald J. Marrocco appeared before the Board and concurred with information stated to the Board by the Building Director relative to the boat. Mr. Marrocco advised that he goes fishing at night, and in order not to disturb the neighbors he leaves the boat out front until the next day. Mr. Marrocco stated he has a problem with his next door neighbor, Mrs, Alice L, Burns, 65 N.E. 107th Street, in that she is constantly calling the Village when his boat is out in front of his house, even for a short time. Photographs taken on June 12, 1983 at 6:00 p.m. reveal the boat is in front of the house. Mr. Marrocco has talked with Mrs. Burns to resolve any ill -feelings between them. Mr. Marrocco also advised the Board that he usually stores the boat behind a fence and out of the way, unless he is fishing late at night and does not wish to disturb the neighbors. Following lengthy exchange of conversation between Mr, Cutchens and Mr.Marrocco, with no suggestion for a solution to the problem, Mr, Fabian requested the floor for discussion and was granted same by the Chairman. Mr. Fabian advised Mr. Marrocco he was brought before the Board so he could be assisted in solving the problem. Mr. Fabian requested that Mr. Marrocco submit to the Board an agreement to settle this problem so we would not have to fine him for non-compliance. In answer to question by Mr. Asmus, Mr. Marrocco noted the boat is taken out approximately 2 nights a week. Mr. Asmus advised Mr. Marrocco an alternative to solving this problem is to place the boat in the back behind the fence when he returns at night. Mr. Marrocco noted once again he settled his problems with his next door neighbor. Following further discussion, Mr. Fabian moved that this case be tabled for thirty days. Motion died for lack of a second. Mrs. Williamson noted the neighbors complaints, which Mr, Marrocco feels are spiteful, is one issue,and the incidents of the boat being improperly stored is another issue. Mr. Marrocco advised he took care of the problem with his neighbor. Mrs. Williamson is concerned with the failure to comply with the Ordinance. Mr, LuBien, in response to inquiry by Mrs. Williamson, advised that the boat has been parked out front on a Sunday evening and other peculiar times when no evidence was present that Mr. Marrocco was working on the boat when it was observed by the Building Director. Section 501 is specific with reference to storage of boats. Jhores91llage FLORIDA - 3 - CODE ENFORCEMENT BOARD MTG. August 4, 1983 After further discussion, Mr, Cutchens moved that we allow a twelve month probationary period and if Mr. ZuBien observes further violations a fine of $10,00 a day be levied until the violation is corrected. Motion failed for lack of a second. Mrs. Williamson then offered a motion there is a Finding -of -Fact there has been a past continuing, although intermittent, un- authorized parking of the boat according to Code; that this is in violation of the Code and there be a fine of $5.00 per citation imposed for future citations of events of the same violation. Mr. Bednar explained why we could not use this format. He stated we should act on this violation; treat this case with a fine or whatever we so deem and then explain the ordinance and its parameters, and this action is taken on this violation and on any future violations the resident will be dealth with, Mrs. Williamson withdrew her motion. Mr. Fabian moved that it is a Finding -of -Fact that Mr, Marrocco is in violation of the Code, and a $5.00 a day penalty be levied on the complaints as filed, with relief effective immediately if no further complaints are received in the next four months, Mr. Bednar requested clarification on the fine; Mr, Fabian stated if not further complaints are filed, the fine will be suspended within 120 days. The motion failed for. lack of a second. Mr. Cutchens moved that it is a Finding -of -Fact that Mr. Marrocco is in violation of our Code, and a fine of $5.00 a day be levied on complaints as filed, and if no further complaints are received in the next twelve months, the fine will be suspended. Motion was seconded by Mr. Asmus and the following vote was taken: Mr. Bednar No Mrs. Williamson No Mr. Fabian Yes Mr. Rivera No Mr. Cutchens Yes Mr, Asmus Yes The motion failed. The Chairman went over the fe.ctp that this is a, repeAted offense cited by the Village Officer and he is the administrator of the Ordinance and the resident is also aware that occasionally he was in violation of the Ordinance, He recommended. that aAecision be made based on the Boards opinion of the Ordinance violation and take action appropriate to that violation. • • CODE ENFORCEMENT BD. MTG. aiami Jhores7Mage F L OR ID A - 4 - August 4, 1983 Mrs.Williamson moved that it is a Finding -of -Fact that Mr. Marrocco is in violation of the Code of Miami Shores Village Sec. 501 (r)(1)(i), and a $5.00 a day fine be levied for each (6) of the past cited violations, and the case remain open for review at the second Board meeting, following this meeting, so that we can consider the situation and leave open in event of additional offenses. Motion was seconded by Mr. Asmus and carried with the following vote: Mr, Bednar No Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivero No Mr, Cutchens Yes Mr, Asmus Yes The Chairman explained to Mr. Marrocco that he has been fined $30,00 for violations to date, and fine will be held in abeyance until our October meeting, and should another violation occur, this violation will be renewed and further violations acted upon. 3) HEARING, CASE NO. 83-1347-052 DENNIS FITTER, 117 N.W. 100 TERRACE UNSIGHTLY YARD Inspection on March 29, 1983 revealed an unoccupied house, with an overgrown and unsightly yard, Notices were sent on 3/29/83 and 4/15/83 but there has been no response or action. Photograph taken 6/24/83 at 9:40 a.m. were reviewed by the Board. Mr, Fitter, who lives at 7501 East Treasure Drive, Miami Beach, FL 33141 was not present for the hearing, The Code Enforcement Director, Mr. LuBien, recommended the Board proceed according to Chapter 11. Mr. LuBien read Sec. 11-2 & 11-3, Chapter 11 to the Board. He also advised that if after 10 days notice owner does not comply, the Village shall clean the property and apply a lien, Following discussion, Mr. Cutchens moved that we proceed with Chapter 11, as recommended by the Code Enforcement Director, seconded by Mr. Fabian. The Board went over Chapter 11 and discussed same once again, The motion made by Mr. Cutchens was then passed with the following vote: • • Miami Jhores99Ilage F L OR ID A 5 CODE ENFORCEMENT BD. MTG. August 4, 1983 Mr. Bednar Yes Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivero Yes Mx. Cutchens Yes Mr. Asmus Yes 4) HEARING, CASE NO. 83-1496-053 ANN E. GRABAN & M.C. ANDERSON, 1 N.E. 108 STREET SCALING PAINT. AND WATER STAINS Scaling paint and excessive water stains were observed on April 29, 1983. Notices were sent but there has been no response or action. . Since the time of the Affidavit, Mr. LuBien states he has been advised by several people that Mrs. Graban, the primary owner of the property is 90 years old, and 95% blind and has a financial hardship. Mrs. Anderson is her daughter and is also part owner of the property but'Mrs. Graban is the one who lives there and is responsible for the property. The next door neighbor, Dr. Koreck, called Mr. LuBien and assured the Building Director that the work would be done by approximately September 15, 1983. Mr. LuBien recommends to the Board we table this violation until the October meeting. Mrs. Williamson so moved that we table this violation until the October meeting, as recommended by the Building Director, seconded by Mr. Cutchens and carried unanimously. 5) HEARING, CASE NO. 83-1420-054 JUAN A, HENRIQUEZ, 265 N.W, 111 STREET SCALING PAINT AND MILDEW Scaling paint and excessive mildew on fascia and soffit were observed on April 11, 1983. Notices were sent on 4/11/83 and 4/27/83. Inspection today revealed Mr. Henriquez completed the painting and at this time there is no violation. The Building Director recommended to the Board we execute form 4A. Mrs. Williamson so moved, seconded by Mr. Cutchens, and carried unanimously. • iami cfhores9illage F L OR ID A 6 - CODE ENFORCEMENT BD. MTG. August 4, 1983 Since no representatives were present for agenda items 6 to 10 the Chairman recommended we proceed to 11. E. 11. REPORTS FROM PREVIOUS MEETING: E. CASE NO. 83-1164-040 KATHLEEN M. HAGERTY, 551 N.E. 105 STREET FAILURE TO MAINTAIN POOL, HOUSE, ROOF AND YARD KEEPING CATS INA MANNER TO (AUSF 1uULSANC-E Mr. LuBien advised that he has monitored this situation as requested by the Board. This case was tabled and a 30 day extension granted at our last meeting, where it was taken off the table. Periodic visits show progress is being made. It is very slow and in this particular case, there definitely is a hardship. Mr. LuBien spoke with Mrs. Hagerty's daughter and apparently she is the only person who has time, and is physically capable at least to attempt some of the work. The work is not professional and it is difficult in this particular situation for these people to bring this property up to standard, The mother works full time and the daughter attends school and attempts to work in spare time. Mrs. Williamsom moved we table this case another thirty days, seconded by Mr. Fabian. As part of the discussion Mr, Bednar recommended referral to the Mayor Fs Task Force in this situation. This has already been done by Mr. LuBien. Following discussion, the motion was then carried with the following vote: Mr, Bednar Yes Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivero Yes Mr. Cutchens No Mr. Asmus Yes 6) AFFIDAVIT OF VIOLATION, CASE NO. 83-1629-055 GENEVIEVE KIRBY & M.A. REY, 9204 N,E, 10TH AVENUE INOPERATIVE VEHICLE & UNSIGHTLY PARKWAY Inoperative vehicle with overgrown area around and under the vehicle was observed on June 13, 1983. Notices were sent on 6/13 and 7.1/83, but no action has been taken. Photos taken pn the 21st pf July were reviewed, • • Miami J hores'(illage F L OR ID A -7 - CODE ENFORCEMENT BD. MTG. August 4, 1982 Since the photographs were taken, the car has been removed. Mr. LuBien noted the area around where the cas been parked has not yet been cut but he assumes it will be done when the grass is mowed, Mr. LuBien recommended to the Board that the Affidavit be tabled until the next regular meeting to see what happens to the parkway. Mr. Fabian so moved that we table this case until the next meeting, seconded by Mr. Asmus, and carried unanimously. 7)1 AFFIDAVIT OF VIOLATION, CASE NO. 83-1453-056 RALPH W. GAJUS, 375 N.W. 111 STREET INOPERATIVE VEHICLE Inoperative vehicle was observed on April 15, 1983, Notices were sent and owner stated that he was awaiting repair parts from Germany so compliance date was extended until 6/1/83. By 7/21/81, no action has been taken and our notice of 7/1/83 was returned unclaimed. Inspection of this situation revealed no change. Mrs. Williamson moved we proceed with the next step, seconded by Mr. Rivero, and carried unanimously, 8) AFFIDAVIT OF VIOLATION, CASE NO. 83-1537-058 FRED B. HEATH, ET U%, 10704 N,W. 2 AVENUE INOPERATIVE COMMERCIAL VEHICLE Inoperative commercial vehicle was observed on May 23, 1983, Notices were sent, second notice was unclad, The vehicle has:not'been removed. Photos taken on 7/21/83 were reviewed and Mt, Laien drew the Board's attention to an open carport in the photos, Since the photos were taken the vehicle has been moved into the carport, Technically, he still doesn't comply, but it is not that visible plus the fact it is on the very western edge of Miami Shores Village; this faces Northwest Second Avenue and there are only about two streets that cut through that go into the County, Half the block is in the Shores and the other half is in the County - this particular carport is right back in that area so it is not really an unsightly thing at this point. Mr. Fabian moved that we table this for 30 days, Motion failed for lack of second. • • liami Jhores91lIage F L OR ID A - 8 - CODE ENFORCEMENT BD. MTG. August 4, 1983 The Code Enforcement Director recommended we proceed with Form 4-A, there being no violation. Mom, Cutchens then moved that we execute form 4A, as recommended by Mr. LuBien. This was seconded by Mrs, Williamson. Mr. Bednar feels that the violation was given for an inoperative commercial vehicle. We still have an inoperative commercial vehicle. Should we run into problems of similar nature within the heart of Miami Shores, where they do not have the same opportunity to push the inoperative vehicle into a carport - if this violation, as identified by the ordinance is not complied with - we are opening ourselves up for problems in other similar situations, Following discussion, Mr. Cutchins wished to recind his motion, Mr, Bednar advised the motion could not be withdrawn after it has been seconded. After further discussion, the following vote was taken on the motion: Mr. Bednar No Mrs. Williamson No Mr. Fabian No Mr. Rivero No Mr. Cutchens Yes Mr. Asmus No The motion failed. Mr. Fabian moved that we table this case for 60 days, seconded by Mr. Cutchens, and the following vote was taken; Mr. Bednar No Mrs. Williamson No Mr. Fabian Yes Mr, Rivero No Mr. Cutchens Yes Mr, Asmus No The motion failed. Mr. Asmus moved that we table this case for 30 days, seconded by Mrs, Williamson, and carried unanimously, • • CODE ENFORCEMENT BD. MTG. ?kami0 JhorescWllage R ID A - 9 - August 4, 1983 9) AFFIDAVIT OF VIOLATION, CASE No. 83-1537-058 BRIDGET MILONE, 10562 N.E. 4 AVENUE SCALING PAINT ON SOFFIT AND FASCIA Scaling paint on soffit and fascia was observed on May 5, 1983. Notices were sent and on June 21, 1983 some work had been done, but since that date, nothing further has been accomplished. Mr. Rivero moved we proceed with the next step, seconded by Mr, Asmus, and carried unanimously, 10) AFFIDAVIT OF VIOLATION, CASE No. 83-1457-059 LUIS & AMELIA LAO, 53 N.E. 102. STREET SCALING PAINT ON FASCIA Scaling paint on fascia was observed on April 21, 1983, Nptices were sent and owner responded that work would be completed after June 15, 1983. As of this date (7/21) as shown in photographs, no action has been taken. In response to letter received from Mrs. Lao dated May 10th advising she contracted with a painter, we did extend period for compliance. Following discussion, Mrs. Williamson moved we proceed with the next step, seconded by Mr. Asmus, and carried unanimously, 11) REPORTS FROM PREVIOUS MEETING: A. CASE NO. 83-1218-043 MILDRED CARLUCCI, 9315 NO. MIAMI AVENUE Mrs. Carlucci is now in compliance. Roof is now completely patched and vehicle removed. B. CASE NO. 83-911-042 AUDLEY CLARKSON, 9438 N.W, 2ND COURT We did file the lien; it is in process right now, We have had no contact whatsoever from his attorney, Mr, Tate. C. CASE NO. 83-1341-047 DAVID G. HAYLOCK, 10635 N.E. 11 COURT This is another case that has to be monitored,. The occupant is out of the country frequently. He has complied with correcting the violations we cited, • • alhami. choresc-illage F L OR ID A -10- CODE 10 - CODE ENFORCEMENT BD. MTG. August 4, 1983 D. CASE NO. 83-1360-048 DOROTHY ORTLIEB, 273 N.W. 92 STREET The front of the house has been painted. There still is some scaling on the side of the house, From previous discussions with Mrs. Ortlieb, she is trying from Kentucky to get this situation completed. The west side is in process. We will monitor this one and if we do not see any action within the next 30 to 60 days, we might cite her again. Mr. LuBien noted that included in the Board's packet is form 4-A declaring Angela Morrison and Eleanor Wylk in compliance. Mr. James Dickey of 504 N.E. 101 Street and Mr. Bob Kroboth, 257 N,E, 103rd Street attended the meeting of the Code Enforcement Board and presented to the Board a publication from Miami Lakes wherein publication of various aspects of their Code is noted, The Board reviewed the publication and commented on our procedures. The meeting adjourned at 9:30 P.M, Approved: