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02-02-1984 Regular Meeting• aiami Jhores9IlIage F L OR ID A CODE ENFORCEMENT BOARD MEETING FEBRUARY 2, 1984 regular meeting of the Miami Shores Village Code Enforcepent Board w s held on February 2, 1984, 7:30 p.m., at the Village Mall with the following Board members present: Julie A. S, Williamson, Chairman Donald L. Bednar Kenneth Cutchens Franklin E, Grau Santos F, Rivero Barry K, Asmus - Tardy Arthur H, Taylor Also present: L, R, Forney, Village Manager Frank LuBien, Code Enforcement Director 1. MINUTES: Ws, Williamson, Chairman announced, at the request of Mr, LuBien, Director of Code Enforcement, the hearing of the minutes will be deferred for later in the meeting. The Board then proceeded with item 1 A of the agenda. 1A, REVIEW OF CASE NO 83-811-042 AUDLEY CLABKSON, `9438 N, 'W, 2n,d Court Mr, LuBien re -stated this case for the Board, Mr. Clarkson was in violation for the construction of an unlawful accessory building in the side set back, There were sub- sequent hearings at which Mr, Clarkson had an attorney present to represent him, Mr, Clarkson has since obtained a permit for the demolition of the structure. It has been demolished and replaced with a similar structure in a law- ful, location on the property, Mr. LuBien further stated that the amount of fine outstand- ing on 11/23/83 (at the time the permit was issued) was $2,620,00, On 1/23/84 (date the structure was removed) the accumulated fine was $3,820,00. A request was made that this case be reviewed before the Board and Mr, Forney, Village Manager will speak for Mr, Clarkson. • • CODE ENFORCEMENT BOARD MEETING - 2 - 2/2/84 Mr. Forney stated that he is aware of and concurres with the sentiment of this Board, as expressed at the previous meeting; that it is necessary that these f{npS not be waived lightly. However, this particular case is an ex- ception to that point of view, Mr, Clarkson had been victimized by an unscrupulous contractor, who was aware of the rules and regulations, but who did his work, took his money and disappeared. The case was further complicated by Mr. Clarksonls inadequate legal council. Following communication between the Village and Mr. Clarkson, he made every effort, and in fact did comply with the code. The unfortunate experience has cost him a considerable sum of money and in view of these facts, Mr. Forney recommended the fine be suspended. Mr. Bednar stated, though he was a principal advocate against waiving of fines, it would be prudent in this unusual case to recommend the fine be waived. Much discussion followed with regard to assessment of fines. Mr. Rivero moved, in view of the fact, the Board has no fee schedule on the exact cost of hearing, that 100% of the accrued fine be waived, in this particular case, and that Mr. Clarkson be held in compliance, seconded by Mr. Bednar. Following further lengthy discussion Mr. Bednar refused to accept an amendment by Mr. Grau that the fine be reduced to $50.00. Mr. Bednar felt that Mr. Clarkson has spent an exorbitant amount of money and effort to correct this situa- tion and the expenses are punitive enough. Vote on Mr. Rivero's original motion was as follows: Mr. Cutchens No Mr. Taylor Abstained Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau No Mr. Rivero Yes. The motion failed. Mr. Cutchens moved the fine levied be reduced to $50.00, seconded by Mr. Grau,:liesults of this vote follows: Mr. Cutchens Yes Mr. Taylor Abstained Mrs. Williamson No Mr, Bednar No Mr, Grau Yes Mr, Rivero No The motion failed, CODE ENFORCEMENT BOARD MEETING - 3 - 2/2/84 Mk, Bednar made a motion to access a $10.00 fine, seconded by Mk. Rivero. The vote follows: Ir. Cutchens No Mr. Taylor Abstained Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau Abstained Mr. Rivero Yes Mr. Taylor abstained because he is not fully knowledgeable of the case. Mr. Grau abstained because he feels the motion ridiculous. The motion failed (Mr. Asmus arrived at this point). Following further discussion, Mr. Rivero moved the fine be waived, seconded by Mr. Bednar, the motion carried with the following vote: Mr. Cutchens No Mr. Taylor Abstained Mr. Asmus Abstained Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau Yes Mr. Rivero Yes Mr. Asmus abstained for lack of full knowledge of the case. Mrs. Williamson thanked Mr. Clarkson for his cooperation and efforts to rectify his problem,and advised him to pass the word of caution to anyone who might find himself in such a situation. 2. AFFIDAVIT OF VIOLATION, CASE NO. 84-1812-069 MICHELE SCHRAM, 1065 N. E. 97 Street INOPERATIVE VEHICLE AND BROKEN WINDOWS Director of Code Enforcement, Mr. LuBien stated the facts of violation and passed photographs of.the.broken windows and inoperative vehicle for review. The violation continues as of this date, 2/2/84. Mr. LuBien stated that Mrs. Schram advised him that,Mr. Gados died and this property is in the probating process. For the purpose of clarification of identity, Mrs. Gados and Michele Schram are the same person. It is believed that she re- married following Mr. Gados death about a year ago, as a gentleman there was introduced as her husband. The tax rolls show the property listed:in.:the name of Mr. Gados. CODE ENFORCEMENT BOARD MEETING - 4 - 2/2/84 2. Continued Following discussion, Mrs. Willaimson moved to proceed to the next step with the request that, by the next meeting the Board be advised as to the identity of who the Board is dealing with, seconded by Mr. Rivero, and carried unanimously. 3. AFFIDAVIT OF VIOLATION, CASE NO. 84-1787-070 EDWARD N. ARECO, 9326 N. W. 2 Avenue MILDEW AND PEELING PAINT The facts of this case were outlined and photographs were reviewed. Mr. LuBien noted Mr. Areco has not complied wth the ordinance, nor has he responded to the Notice of Violation. Mr. Grau moved to proceed to the next step, seconded by Mr. Asmus and carried unanimously. 4. AFFIDAVIT OF VIOLATION, CASE NO. 84-1839-071 NANCY C. BLAKE, 164 N. E. 100 Street MILDEW AND SCALING PAINT Facts behind the violation and current photographs of the property were outlined by Code Enforcement Director, Mr. Grau moved to proceed to the next step, seconded by Mr. Rivero and carried unanimously. 5. REPORTS OF PREVIOUS MEETINGS: A. CASE NO. 83-410-064 EDWARD A. SWING, 1323 N. E, 104 Street VARIOUS VIOLATIONS Code Enforcement Director, Mr. Lubien read the report on this case and advised the Board that today inspection revealed only 2 motors, which is acceptable, An affidavit of compliance has been issued to Mr. Swing. It was further noted that Mr. Swing had been accumulating a fine of $20.00 per day for 61 days for a total of $1,220.00. Mr, Swing related to the a 30 day extension was granted, comply, Mr. Swing stated he is the imposed fine and pleaded to Board since his request for he has worked endlessly to financially unable to pay have this fine suspended, Mr. Asmus requested reference on the date of original affidavit of violation, which was 7/1/81, He admonished Mr, Swing for attempted compliance and continued intermittent backsliding. Mr. Cutchens moved to handle this case in the same manner as the previous case, (Mr. Clarkson), seconded by Mr, Taylor, for discussion. • • CODE ENFORCEMENT BOARD MEETING - 5 - 2/2/84 5. A - Continued B, It is the general consensus of the Board that each case should be heard and determined on its individual merits, with a need for consistancy in judgement, The feasibi- lity of placing lien on properties in continued violation was discussed. Mr. Forney advised the Board that accord- ing to stature a lien may be filed against a property for a period of one year before it comes before the Village Attorney for a final decision. Mr. Bednar made a motion to reduce the fine for Mr, Swing to $50.00, seconded by Mr, Taylor. Discussion followed concerning future violations by Mr. Swing, He was reprimanded and well advised, by all Board members, that any future violations, will be dealt with in a much harsher manner and stronger fine. Mr. Asmus offered an amendment to reduce the fine to $220.00. Mr. Bednar refused any amendment to the motion on the basis that this is an on-going problem of Compli- ance and non-compliance since 1981. Mr. Bednar/s original motion carried with the following vote: Mr. Ctuchens Yes Mr. Taylor Yes Mr. Asmus No Mrs, Williamson Yes Mr. Bednar Yes Mr. Grau No Mr. Rivero Yes Mr, Swing was advised to come into the office the next day, (2/3/84) to pay this fine of $50.00, CASE NO. 83-1748-067 MERNA MATHEWS, 150 N. W. 109 Street VARIOUS VIOLATIONS Mr. LuBien reported since the last meeting, at which time he reported that a small portion of the roof was incomplete, the work is now complete and Merna Mathews is in compliance, C. CASE NO, 83-1709-066 JUNE BECKLEY, 1331 N, E. 103 Street OVERGROWN HEDGE Director of Code Enforcement reported that June Beckley is now in compliance and a letter stating this fact has been sent to her. CODE ENFORCEMENT BOARD MEETING - 6 2/2/84 D. CASE NO, 83-1775-068 NELSON B.. ALDERMAN STUNT, 1032 :N, : ' 98 Street VARIOUS VIOLATIONS Mr, LuBien stated that Mr. Alderman Hunt has not complied with the ordinance, Certified mail has been returned un- claimed, also a copy was sent by regular mail which was not returned, Mr. LuBien is prepared to issue Affidavit of Non -Compliance and file a lien in the amount of the fine against said property, E. CASE NO. 83-1444-063 FELIX ATILES-FIGUERQA, 262 N. E, 103 Street VARIOUS VIOLATIONS Report was given by Mr, LuBien, that a final inspection of this property was made at the request of the Board, It was found that one item had not been complied with as of 1/23/84. However, after a strong warning, and subse- quent inspection by Code Enforcement Director, Mr. Figueroa is now in compliance, 1. MINUTES: Mr. LuBien advised the Board regarding a point of order, on page 2, item 2, (recording of vote). According to ordinance this is a non action vote. A yes vote is required from four members -of the Board for action. The ordinance stipulates that, "The findings shall be by a motion approved by majority of those present and voting, except that at least four members of the Board must vote for the action to be official", Mr. LuBien stated it does not, now, affect the particular outcome of this case, The Board, in the future, should be aware of the fact there should be no abstainence from voting. Vote should be no or yes, In case of conflict of interest, a vote may still be registered with the conflict of interest.,. stated, A no vote is a requirement when the voter is not. fully knowledgeable of the facts of.a case. The members were further reminded, as Mr. Forney previously stated, when a case has been continued for a period of one year a recommendation must come from the Board to refer the case to the Village Attorney for filing of lien for forclosure. 6. The forgoing particular statement refers to the particular case, not on the agenda, PETER'J, HYDE, HEDGE VIOLATION. Mr. LuBien stated he sent Mr, Hyde a Notice of Violation and he did not comply. Other notices of lien were sent on CODE ENFORCEMENT BOARD MEETING 7 N 2/2/84 6. PETER J. HYDE - Continued 11/8/83 and again on 1/12/84, advising him of this lien in the amount of $900.00, is one year old, Mr, LuBien asked for recommendation from the Board to proceed with forclosure on the lien, Mr, Forney stated that Mr, Hyde is also $1,300.00 in the arrears on his garbage fee, and he should see no compassionate reason not to take action. Following discussion, Mr, Asmus moved the Village Manager or Village. Attorney write Mr. Hyde a letter explaining in no uncertain terms the consequence of what may transpire, by the Boards action, and -give him an opportunity to be heard at next month meeting, at a date certain and a time certain (March 1, 1984, 7:30 p ,t,) , Motion was seconded by Mr. Bednar and carried unanimously. 7. Mr. Grau requested research and a final analysis of process- ing cost of hearings as soon as possible. Mrs. Williamson, agreed with Mr. Forney's suggestion that a lien be placed on the property for a one year period. She further stated that the Board must be absolutely certain, procedure is built in, whereby, no lien can be forclosed before it comes before the Board, And even as a vote is made the Board will be reminded that this is a case con- sidered in such a manner; so that, should it be necessary for the Board to deal with a number of these cases in the future, it could not just slide through. Also, a Board would have a sense of the current Board's feelings. Mr. Forney agreed that, he will at the next meeting supply The Code Enforcement Board with procedural cost for hearings. The meeting adjourned at 9:00 p,m. • • ecretary