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09-01-1983 Regular Meeting• • • aiami jhoresiillage F L OR ID A CODE ENFORCEMENT BOARD MEETING SEPTEMBER 1, 1983 A meeting of the Miami Shores Village Code Enforcement Board was held on September 1, 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 L.R. Forney, Village Manager 1) MINUTES: Mrs, Williamson requested correction on Page 4, first line, Mr, be changed to read Mrs. Minutes were then approved as corrected by motion by Mrs. Williamson, seconded by Mr. Rivero and carried unanimously, 2) HEARING, CASE NO. 83-1453-056 RALPH W. GAJUS, 375 N.W, 111 ST INOPERATIVE VEHICLE Facts behind this violation were recited by Mr. LuBien, namely, inoperative motor vehicle was observed on April 15, 1983, Notices were sent on 4/15/83, 4/28 & 7/1. Owner stated he was awaiting repair parts from Germany so compliance date was extended. Final notice was returned unclaimed. Notice of Hearing was sent certified mail, Mr. Gajus was not present at the Hearing. Following review of photographs and discussion of this case, Mrs. Williamson moved it is Finding -of -Fact that inoperable vehicle on property as described in citation is violation of Zoning Ordinance 14-43, section 14, and a fine of $5,00 a day be assessed if the vehicle is not removed within 48 hours. Motion was seconded by Mr. Asmus. Mr. Rivero offered an amendment that the assessment be $10,00. Amendment was accepted and seconded by Mr. Fabian. The amended motion was carried with the following vote: • • Code Enforcement Bd. Mtg. - 2 - September 1, 1983 Mr. Bednar Yes Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivero Yes Mr. Asmus Yes Mr. Cutchens Yes 3) HEARING, 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 accomplished, but since that date no further work was done. Photographs submitted by the Code Enforcement Director reveal one section on the front of the house has been taken care of. the section on the side remains unchanged. Mrs. Milone called Mr. LuBien today (9/1/83) and stated the work had been done and asked if she had to attend the Hearing. Mr. LuBien advised her she did not have to appear at the Hearing if the work had been completed, and he would inspect the property on day of the Hearing and advise the Board of findings. The Board expressed concern that Mr. LuBien informed Mrs. Milone she did not have to attend the meeting. Following discussion, Mr. Fabian moved that we table this case for thirty days and have Mrs. Milone appear before the Board and pursue the case at that time. Motion was seconded by Mrs, Williamson and passed with the following votes: Mr. Bednar No Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivero Yes Mr, Asmus Yes Mr. Cutchens Yes HEARING, 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, Notices were sent and owner responded that work would be done after June 15, A registered letter was received from Mrs. Lao advising that the work was completed and inspection this day verified compliance, Code. Enforcement Bd, Mtg, - 3 - September 1, 1983 Mrs. Williamson moved that we execute form.4--A, Compliance form, seconded by Mr, Asmus and carried unanimously, 5) AFFIDAVIT OF VIOLATION, CASE NO, 83.4611-060 RALPH E. SPEAR, 9405 NO, MIAMI AVENUE IMPROPER BOAT STORAGE A boat was observed, on the ground on June 10, 1983, Notices were sent. Owner requested, and received an extension to August 1, 1983. Mr. LuBien talked with Mr. Spear and was advised that Mr. Spear planned to purchase a trailer for the boat whichAven to him and brought up from the Keys. The boat remains, a violation of section 501 (r) (V), Mr. Rivero moved that we proceed with the next step, seconded by Mrs. Williamson and carried unanimously. 6) AFFIDAVIT.OF VIOLATION, CASE NO. 83-1662-061 BENI DI MASCOLO, 1228 N.E. 98 STREET SCALING & MILDEW PAINT - UNSIGHI.'LY YARD On June 29, 1983, the following violations were observed, Overgrown'yard and parkway, mildew and scaling paint on house and trim, and an inoperative vehicle in driveway, Notices were sent and the inoperative vehicle was removed. Inspection this day. reveal violations remain, Mr, Fabian moved we proceed with the next step, seconded by Mr, Asmus, and carried unanimously. 7) AFFIDAVIT OF VIOLATION, CASE NO, 83-1668-063. DAN BARRIE, 10025 BISCAYNE BOULEVARD DAMAGED ROOF On June 29, 1983 loose and missing tiles on rear patio roof were revealed. Notices were sent but there has no action to date. The final notice was returnee. unclaimed. Photographs of damaged roof were viewed, and Mr. LuBien advised that the damage is very visible from the street approaching East on 100th Street. Mr. Asmus moved we proceed to the next step, seconded by Mr. Rivero and carried unanimously. 8) AFFIDAVIT OF VIOLATION, CASE NO, 83-1444-063 FELIX ATILES-FIGIJEROA, 262 NX, -103 STREET VARIOUS VIOLATIONS On April 19, 1983 various construction activity was observed, No per dts were issued for the construction, Notices were sent and • Code Enforcement Bd.Mtg. - 4 - September 1, 1983 several conferences took place at the site and in the Village Hall. The garage was closed in and made into a complete living unit. An awning was permanently affixed to the ground, which constitutes an aluminum roof, which is illegal. Mr. LuBien advised he explained in great detail to Mr. Atiles-Figueroa the steps he had to take i.e. submit plans for garage and porch enclosure, remove utility shed and material awning roof and clean up junk on property or store same. Mr. Atiles- Figueroa did not apply for a permit for the construction or submit plans for same. Inspection today revealed the shack or utility shed has been removed; they have made attempts to clean up the yard, so there has been partial compliance; the trash has just been moved around, it is now on the side of the house, as verified in photographs viewed by the Board. Following discussion,.. -Mr. Rivero moved we proceed to the next step, seconded by Mr. Fabian and carried unanimously. 9) REPORTS FROM PREVIOUS MEETING: A. CASE NO. 83-1164-040 • KATHLEEN M. HAGERTY, 551 N.E. 105 STREET Mrs. Kathleen M. Hagerty advised Mrs. Marty Stofik, representing the Task Force, talked with her in order to set up an appointment to advance this situation. Due to the rain, another appointment will be set up. • Mrs. Hagerty advised she intended to rent a steam cleaner to take care of the roof problem. Mr. Bednar advised this was a very dangerous job for an inexperienced person to handle and he recommended she first discuss this with Mrs. Stofik to see if that portion of the work could be accomplished by someone else more competent. Mrs. Stofik advised Mrs. Hagerty she would come over and take a look at the property and see what work was required. Mrs. Hagerty also noted she has received a commitment for repair of the beams on the front porch. As for the cats, she presently has three and Mr. LuBien confirmed this situation has improved. Mr. Cutchens noted he went by the property today (9/1) and found the holly hedge in the back yard was tremendous. Mrs. Hagerty advised this growth was downed by the recent storm and she will take care of same this week -end. • • Code Enforcement Bd. Mtg. - 5 - September 1, 1983 Mr. Fabian moved that we carry this case .over. for review in the month of October, seconded -by Mr. Asmus, and carried with the following vote: Mr. Bednar Yes Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivera Yes Mr, Asmus Yes Mr. Cutchens No B. CASE NO. 83-1347-052 DENNIS FITTER, 117 N.W. 100 TERRACE As recommended by the Board, Mr. LuBien proceeded under Chapter 11, and sent Mr, Fitter a notice, He did not comply. A memo was sent to Public Works Department authorizing them to complete the work. This has not been scheduled to date, but the order has been is sued. 10) AMENDMENT TO SECTION 2-- 22 Mr. Forney, Village Manager, advised that in the last few weeks he has had an opportunity to review the Code as it sets up the Code Enforcement Board and noted that there is only one basis for removing a member from the Board and that is - absence from two consecutive meetings. Clearly there will be times when there is a need, for other reasons, to remove a member of the Board. Mr. Forney stated he' felt this is a basic fault in the Ordinance. This problem was researched with the Village Attorney and. he in turn has discussed this with the attorney in the City of Miami as they have been faced with this problem, As a result, Amendment to Section .2-22 was prepared, which reads as follows: Add (5) Each member shall hold office until his successor has been duly appointed, except when removed by the Village Council, and any members may be removed at any time by a majority vote of the Village Council. The attorney for the City of Miami' believes this is the proper way to approach this - basically what it says is - he that the Council appoints, can be unappointed by Council, e • Code Enforcement Bd, Mtg. - 6 - September 1, 1983 Since this is in part to carry -out or furtherance of the rules of procedure for the Code Enforcement Board, Mr, Forney requested the Board to look at this amendment and if the members are in agreement that such an addition would be useful, the Village Manager would like the Board's recommen- dation to present this proposed amendment to Council. Mr. Fabian was in agreement but just would like it paraphrased differently, to make it more positive. Mrs. Williamson asked for clarification - can a member be removed for cause, or simply removed? Mr. Asmus stated this was protocol. Mr. Cutchens stated he did not want the Code Enforcement Board to take any action on this amendment. He stated the Board has nothing to discuss on this - this is strictly a business matter -"this Board has nothing to do with appointing people." The Chair requested each member be given the opportunity to express their views and Mr. Cutchens will be given recognition for his statements. The Chairman requested Mr. Cutchens not interrupt and await his interval to speak. Mr. Rivero wished to know if consideration was to be given for the number of years of service. The Board noted that harmony and effectiveness of the Board was of utmost importance. Mr. Cutchens submitted a statement which he requested be read to the Code Enforcement Board. Mr. Cutchens moved that Section 2-22 Amendment be stricken from the records. Motion failed for lack of a second. Mr. Cutchens was advised by the Chairman that it was not the Board's intention to make a change in the Ordinance. It is our intention to recognize the need for, and let the Village Council act as they deem appropriate. This Board is simply going to recommend, or not recommend, that the Village Council look at the amendment as submitted, Mr. Cutchens asked the Board not to take any action on this subject, or they are personally liable and he will approach the States Attorneys Office on the subject. Mr.Cutchens read his statement to the Board, Mr. Cutchens left the meeting at 8:35 p.m. Mr. Asmus clarified that basically what Mr. Forney.tequests is recommendation that this presentation of the amendment be made to Council. This is not a necessary step, however, Mr. Forney, would like to know that we share his opinion that this amendment is a wise addition. Code Enforcement Bd. Mtg. • - 7 September 1, 1983 Following discussion, Mr. Rivero moved that the Village Manager work out Amendment to Section 2-22 with the Council with the recommendation of the Code Enforcement Board. Motion was seconded by Mr. Asmus, and carried with the following vote: Mr, Bednar Yes Mrs. Williamson Yes Mr. Fabian Yes Mr. Rivero Yes Mr. Asmus Yes The meeting adjourned at 8:45 pimp etizO Secretary • • Approved: Ladies and Gentlemen! Concerning Section 2-22 of the Code Enforcement Bogard meeting dated Se.tpember 9, 1983 -.Agenda Subject 2- Items _being placed in or on the agenda for action are on the agenda to be discussed.....I hereby object to the wording of Sectinn 2-22 dated September lst, 1983- I feel that the States attorney office or Circuit Courtsshould make the final decisions concerning these actions subject to the recording__o_f:.tapes_ concerning present board ,members votes and validities of the services on this board and the residents 0±' Miami. Shores, and most of all have the knowledge of Dade County and Miami Shores municipal zoning_.and.__permitted uses rather than _.making . decisions concerning friends, relatives or affiliated persons. I make a mothion that this be stricken from the records or hereby atuhorize or request an investigation from._the states attorneys andfor private attorney concerning Miami._EhoresCode Enforcement iBoard officers -request: .dated. September- ist, 1.983___ of Section 2-22 to be acted on.