10-06-1983 Regular Meeting•
€iami Jhores9' liage
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CODE ENFORCEMENT BOARD MEETING
OCTOBER 6, 1983
A meeting of the Miami Shores Village Code Enforcement Board
was held on October 6, 1983, 7:30 p.m., at the Village Hall with
the following Board members present;
Julie A,S, Williamson
Kenneth Cutchens
Franklin E, Grau
Santos F, Rivero
Arthur H, Taylor
Absent: Donald L, Bednar
Barry K, Asmus
Also Present; L,R, Forney, Village Manager
Frank LuBien, Code Enforcement Director
Jack Wilson, Code Enforcement Officer
In the absence of Donald L, Bednar, Chairman, Julie A,S, Williamson
assumed the Chair.
1) MINUTES;
Mr, Cutchens requested spelling correction in his memorandum attached
to minutes of September, 1983, i.e„ second paragraph, line 2, 2nd
word should read 'authorize', The minutes were then approved, with
correction to attachment, by motion made by Mr. Cutchens, seconded
by Mr. Rivero and carried.
2) HEARING, CASE NO. 83-1537058
BRIDGET NILONE, 10562 N,E, 4 AVENUE
SCALING PAINT ON SOFFIT & FASCIA
This case was tabled at our last meeting so Mrs. Milone could appear
before the Board, Mr, LuBien advised the violation still exists,as
partial compliance was accomplished, however, the side section remains
unchanged. Mrs, Milone was advised it was necessary that she appear
at the Hearing.
Mrs. Williamson recommended we proceed with the Agenda to allow extra
time for Mrs, Milone to appear,
3) HEARING, CASE NO, 83-1611-060
RALPH E. SPEAR, 9405 N, MIAMI AVENUE
IMPROPER BOAT STORAGE
Mr, LuBien advised that the boat has been removed and no further
complaints have been received. Several inspections were made
and revealed Mr, Spear is now in compliance.
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- 2 - OCTOBER 6, 1983
Contents of a letter dated October 3$ 1983 were read to the Board.
As a X44, Beach FirePant qa' d :ty at t .e date of this Heerfng,Mr.
Spear was prevented from attending,
Mr. Grau moved that we find Mr. Ralph Spear in compliance, as
the violation has been satisfied, seconded by Mr. Rivero, and
carried unanimously,
4) HEARING, CASE NO. 83-1662-061
BENI DI MASCALO, 1228 N,E, 98 STREET
SCALING & MILDEW PAINT - UNSIGHTLY YARD
Review of the violations existing up to today's inspection
reveal an overgrown yard and parkway and mildew and scaling
paint on house and trim.
Mr, Beni Di Mascolo was not present. However, Mr. Jack Sweet
represented Mr. Di Mascolo before the Board, Mr. Sweet advised
that they are replacing the presentgardener with a professional
landscaper, the house would be steam cleaned and painted and
there would be a full-scale overhaul of the house and property,
The Board inquired if this would be completed in 30 days and
Mr. Sweet acknowledged a 30 day completion period.
Mr. Grau moved that we table this until our next meeting, Motion
died for lack of a second..
Mr. Rivera then moved that if violation was not corrected in
.30 days, a fine of $10.00 a day be assessed. Motion was seconded
by Mr. Grau and carried unanimously,
5) HEARING, CASE NO. 83-1668-062
DAN BARRIE, 10025 BISCAYNE BOULEVARD
DAMAGED ROOF
Mr. LuBien read from an undated letter received from Mr. Dan
Barrie that the damaged roof was repaired as of Thursday,
September 29, 1983. He was unable to attend the Hearing.
Inspection today 10/6/83, revealed loose and missing tiles
on rear patio roof were repaired.
Mr. Rivero moved the we file an Affidavit of Compliance, seconded
by Mr. Grau, and carried unanimously.
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6) HEARING, CASE NO. 83-1444-063
FELIX ATTT.FZ-FIGUEROA, 262 N.E. 103 STREET
VARIOUS VIOLATIONS
Mr. LuBien reviewed the facts behind this case. Construction
activity was observed (without a building permit) in April, 1983,
A garage enclosure, porch enclosure and unlawful utility shed
in setback were noted, ..Notices were sent, and received; several
conferences were held between our Building Director and Mr.
Figueroa and some positive action was taken, however, violations
remain,
The problems are the premises is being utilized for dual family
occupancy, facilities were established for an adjunct kitchen,
no site plan, prepared by a registered architect was submitted
to the building department for approval, although our notice
requested same. Mr. LuBien notified the violator to submit
a plan to the Planning & Zoning Board and indicate all construction
undertaken as well as indicate area to be used for off-street parking.
• Construction was continued following receipt of Violation Notices.
Following lengthy discussion by the Board and Mrs, Evelyn Atilez,
daughter of Felix Atilez-Figueroa, Mr, Cutchens moved that Mr.
LuBien reinspect the property, send out a special statement of
the violations and the violator is to return at our next meeting,
and if in the meantime, there has been no intent toward corrections
a fine of $10.00 a day be assessed. Motion failed for lack of a
second.
The Chairman, Mrs, Williamson stipulated it is a Finding -of -Fact
that no permit has been issued for construction, awning roof
is in violation of our Code, and if there is no correction within
30 days a fine of $10.00 per day be levied. Mr, rau_so moved,
and motion as stated was seconded by Mr, Rivero, and carded
unanimously.
Mr, LuBien advised he will make a report on this case, and if said
report is satisfactory, the Board at that time may pass a motion
to suspend the fine for 30 days, Ma,Atilez was explained what
was necessary for corrective action in this matter,
Mr, Bob Kroboth, 257 N.E, 103 Street, attended the meeting and
commented on the conditions at the Atilez-Figueroa residence.
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2) HEARING, CASE NO. 83-1537-058
BRIDGET MILONE, 10562 N,E. 4 AVENUE
At this point, as Mrs. Milone had not appeared, the Board
proceeded with this case,
Following review of the. facts, Mr, Cutchens moved it is a
Finding -of -Fact that fascia and soffit have excessive mildew
and scaling -paint -;-this is a violation of Section 12-43 of
Miami Shores Village Code and if Mrs,Milone does -not comply
a fine of $10.00 a day be levied in 30 days, seconded by
Mr. Taylor, and carried unanimously.
Mr. Forney advised Mr. LuBien that before proceeding further,
he should introduce our new member, Mr, Arthur H. Taylor, as
well as our new Code Enforcement Officer, Mr, Jack Wilson, to
the Board, The proper introductions were conducted by Mr, LuBien.
Before proceeding with the Affidavits, the Board recommended
to the Building Director we proceed with report on Mrs.
Kathleen Hagerty, who was present.
A. CASE NO, 83-1164-040, VARIOUS VIOLATIONS__
KATHLEEN HAGERTY, 551 N,E, 105 STREET
Mrs. Hagerty advised she was in touch with Mrs, Stofik
and was told the Task Force would set up an appointment
to take care of the roof and other problem's existing
at this residence. Mrs. Hagerty noted she left messages
several times for Mrs, Stofik, but has not heard anything
frozz Marty Stofik or the Task Force,
Mrs, Hagerty purchased a saw and cut up the Florida Holly
for disposal.
Mr. LuBien noted that more progress has been made in the
past 30 days on this property. Inspection today (10/6/83)
revealed that quite a portion of the yard has been cleaned
up and some work was done on the roof and on the soffit.
Following discussion, the Board recommended review of this
case in another 30 days,
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7) AFFIDAVIT OF VIOLATION, CASE NO. 83-410-064
EDWARD A. SWING, 1323 N.E. 104 STREET
VARIOUS VIOLATIONS
Numerous violations have been observed on and off since 7/1/81.
Storing, repairing and selling marine motors, storing inoperative
cars and boats, unsightly yard with overgrown vegetation and
miscellaneous junk. There have been repeated verbal warnings,
and violator would comply for a time and then resume violations.
At present, all of the listed violations exist.
After viewing photographs, Mr. Grau moved that we proceed with
the next step, seconded by Mr. Cutchens and carried unanimously,
8) AFFIDAVIT OF VIOLATION, CASE NO. 83-1738-065
RAUL J. BARRETO, 72 N.E. 104 STREET
OVERGROWN HEDGE
Upon receipt of a complaint, inspection was made on 8/12/83.
The rear hedge was observed to be in excess of height limitations
allowed and well beyond the property line into the alley right-
of-way. Notices were sent on 8/12/83 and 9/1/83. Some work was
done, however, this is still not in compliance, as noted from
photographs submitted by Mr. LuBien.
Mr. Cutchens moved that we proceed with the next step, seconded
by Mr. Taylor, and carried unanimously.
9) AFFIDAVIT OF VIOLATION, CASE NO. 83-1709-066
JUNE BECKLEY, 1331 N.E. 103 STREET
OVERGROWN HEDGE
Upon complaint, inspection was made on August 2, 1983. Front
hedge was observed to be well in excess of height limitation of
3i feet, posing a traffic hazard. Notices were sent on 8/2/83 and
8/18/83. There has been no response or action.
Mr. LuBien advised the Board that prior to formation of our Board,
this resident was taken before the Court for the same violation.
The hedge was cut down to compliance the day before the hearing
in County Court.
Following examination of photographs showing hedge about 71 tall,
Mr. Rivero moved that we proceed with the next step, seconded by
Mr. Taylor, and carried unanimously,
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10) REPORTS FROM PREVIOUS MEETINGS:
B, CASE NQ. 83-628-051 - IMPROPER BOAT STORAGE
RONALD J, MORROCCO, 53 N.E, 107 STREET
Per instructions from the Board, Mr, LuBien stopped by
and reviewed the property on occasion and waited for
some response from the next door neighbor, but nothing
was heard, Mr. LuBien has not noticed any violations
for the past two months, nor has any complaint been
received.
There was a $30,00 fine which would be waived provided
there were no further violations within the 60 day period.
Mr. LuBien will file a Certificate of Compliance,
C. CASE NO. 83-1496-053, SCALING PAINT
ANN C. GRABAN & M,C. ANDERSON, 1 N,E. 108 STREET
Inspection today revealed that the building has been
repainted so this is in compliance.
Following completion of the regular Agenda, Mr, Grau discussed the
feasibility of establishing Hearing fees, Following discussion by
the Board, Mr. Grau recommended that Mr. Forney request Council
to do something to establish Hearing fees in this Municipality.
The meeting adjourned at 9:15 p.m,
A1447Viaig°
Secretary
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Appro
Julie .' ,S, Will son
Chai -n Pro tem