11-03-1983 Regular Meeting•
Miami Jhores91llage
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CODE ENFORCEMENT BOARD MEETING
NOVEMBER 3, 1983
A meeting of the Miami Shores Village Code Enforcement Board
was held on November 3, 1983, 7:30 p.m., at the Village Hall with
the following Board members present:
Donald L. Bednar, Chairman.
Kenneth Cutchens
Franklin E. Grau
Santos F. Rivero
Barry K. Asmus
Arthur H. Taylor
Absent: Julie A.S. Williamson
Also Present: Frank LuBien, Code Enforcement Director
Jack Wilson, Code Enforcement Inspector
1) MINUTES:
Minutes of the meting of October 6, 1983 were approved as
written by motion made by Mr. Taylor, seconded by Mr.
Cutchens, and carried unanimously.
2) HEARING, CASE NO, 83-410-064
EDWARD A. SWING, 1323 N.E. 104 STREET
This case involves numerous violations, namely, storing, selling
and repairing motors from garage, storing numerous vehicles and
as many as seven boats at a time in residential area, Yard is
also unsightly with overgrown vegetation and miscellaneous junk,
Code Enforcement Director advised that inspection on 11/3/83
revealed violations still exist.
Mr. Swing verified the facts as stated were correct and advised
the Board he is making an effort to comply.
Following discussion, Mr. Cutchens moved, that there is a Finding -
of -Fact there is a violation of the Schedule of Regulations and
Code of Miami Shores Village and it is the Order of the Board if
there is non-compliance in 30 days, or the next meeting of this
Board, a fine of $10.00 per day be levied for each day the violations
continue to exist. The motion was seconded by Mr. Grau,
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Mr. Asmus wished to amend the motion to impose a fine of
$20.00 per day. The amendment was accepted by Mr. Cutchens
and the motion, as amended, was approved with the following
vote:
Mr. Bednar Yes
Mr. Cutchens Yes
Mr. Grau Abstained (was not present at inception)
Mr. Rivero Yes
Mr. Asmus Yes
Mr. Taylor Yes
3) HEARING, CASE NO, 83-1738-065
RAUL J, BARRETO, 72 N.E. 104 STREET
Mr. LuBien advised that upon receipt of complaint, inspection
on 8/12/83 revealed the rear hedge in excess of height limitation,
well beyond the property line, into the alley right-of-way, obstruct-
ing traffic, As of date of this meeting, violation still exists.
Mr, Barreto did not appear at the Hearing, Mr. LuBien noted he
hand delivered Notice of Hearing to Mr. Barreto,
Following discussion and examination of photographs taken by
the Building Director, Mr. Rivero moved that it is a Finding -
of -Fact that the hedges are in excess of height limitations
in violation of Section 518(a), and it is the Order of the Board
that Mr, Barreto comply within fifteen (15) days, and if not
in compliance in fifteen days a fine of $20.00 a day be levied
for each day violation exists, Motion was seconded by N. Asmus
and carried unanimously,
4) HEARING, CASE NO. 83-1709-066
JUNE BECKLEY, 1331 N.E. 103 STREET
Upon receipt of a complaint, inspection was made on 8/2/83.
Front hedge was observed to be well in excess of height
limitation and posed a traffic hazard. Notices were sent
but there has been no response or action. Violation still
exists.
Mrs. June Beckley was present at the meeting, Following
discussion with Mrs. Beckley, examination of photographs of
hedge as existing today (11/3/83), Nr, Cutchens moved it is
a Finding -of -Fact the hedges are in violation of Section 518(a),
and if Mrs. Beckley does not comply with ordinance in 30 days,
a fine of $10.00 a day be levied for each day violation exists,
Motion was seconded by Mr. Asmus and carried unanimously.
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5) AFFIDAVIT OF VIOLATION, CASE NO. 83-1748-067
MERNA MATHEWS, 150 N.W. 109 STREET
Facts behind various violations were revealed by Building
Director. Complaints were received that residence was being
occupied by several unrelated persons and that the garage
was being used as a dwelling. Inspection further revealed
overgrown hedges, unsightly yard, incomplete roof painting
and a vehicle up on blocks. Notices were sent, the vehicle
was removed, some work was done, but violations still exist.
Following discussion and review of photographs, Mr, Rivero
moved that we proceed with the next step, seconded by
Mr. Asmus, and carried unanimously.
6) REPORTS FROM PREVIOUS MEETING:
The Chairman noted that a review of the case of Kathleen
Hagerty was requested by the Board at our last meeting.
Mr. LuBien inspected Mrs. Hagerty's residence at 551 N.E.
105th Street today. He felt the complaints relative to
the condition of the yard could be handled with a minimum
of effort. There are palm fonds, dead branches, etc. along
the alley and a swing set in an unsightly condition. The
painting on the fascia and soffit is incomplete.
The Village did receive complaints from the residents relative
to the unsightly yard, and Mr. LuBien advised that Mrs. Hagerty
should maintain the appearance of the property in compliance
with Code.
Following discussion with Mrs. Hagerty and review of up to
date photos of the property, Mr, Cutchens moved it is a Finding -
of -Fact there exists an unsightly yard, scaling paint on fascia
and soffit, in violation of Sections 11-1 and 12-43, and if
Mrs. Hagerty is not in compliance within 30 days, a fine of
$20.00 per:day be imposed for each day the violations continue
to exist. The motion passed with the following vote;
Mr. Bednar No
Mr. Cutchens Yes
Mr. Grau Yes
Mr. Rivero Yes
Mr. Asmus Yes
Mr, Taylor Abstained (was not present at
inception of case)
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6) REPORTS FROM PREVIOUS MEETING (coned)
A. CASE NO. 83-1537-058
BRIDGET MILONE, 10562 N.E. 4 AVENUE
SCALING PAINT ON SOFFIT AND FASCIA
Mrs. Milone has not complied. The fine will go into
effect on November 8, 1983.
B. CASE NO. 83-1662-061
BENI DI MASCOLO, 1228 N.E. 98 STREET
SCALING PAINT AND MILDEW UNSIGHTLY YARD
Mr.Di:Mascolo has not complied. The fine will go into
effect on November. 8, 1983,
C. CASE NO. 83-1444-063
FELIX ATILES-FIGUEROA, 262 N.E. 103 STREET
VARIOUS VIOLATIONS
Mr. Atiles-Figueroa came in from New York and presented
a sketch to the Building Department. Mr. LuBien advised
that the sketch had to be prepared by an architect or
engineer. Subsequently, Mr. LuBien received a call
from Mr. Charles Mitchell, Engineer, advising he
had been retained by Mr. Atiles-Figueroa to prepare
the necessary plans, Mr. LuBien advised the Board he
will follow up if plans are not received by Monday or
Tuesday.
For the record, Mr. Grau advised Mr. Felix Atiles-Figueroa
called to request his services to provide the plans necessary.
Mr. Grau referred Mr, Atiles-Figueroa to Mr. Bradford,
Mr. Cutchens reminded„the Chairman that nomination of officers shall be
made from the floor at the meeting in October, each year., per Rules and
Regulations, Article IV, Section 1. As our Chairman was absent at our
last meeting, this election procedure shall be considered at this meeting.
By majority vote Mrs. Williamson was nominated Chairperson of the Code
Enforcement Board for the next year, and 11r. Barry Asmus, by majority
vote was elected Vice -Chairman for the next year,
The meeting adjourned at 9;30 .m.
Approved: