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03-01-1984 Regular Meeting• aiami choreslilage F L O R 1 D q CQDE ECNT WARD TNG MA,CN 1, 1984 A regular meeting pf the Mire Shores Village Enforcement Board was held on March 1, 1984, 7;30 0gm,, Village 8411 with tbe following ateTa,bexs present; Julie A.. $. VilUamaan, Chairman Donald L. Bednar Kenneth Cutchens Franklin --E, Gran Earrye:IZ, Ates . Arthur•ii. Taylor 1, Absent; Santos F, Rivero Also present; MINUTES; Code at the L, R. Forney, Village 'Manager Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector The. minutes of the meeting of February 2, 1984 were approved as written by a motion made by Mr. Bednar, seconded by Mr, Asmus, and carried unanimously. Since the minutes of the January 5, 1984 meeting had not been approved, Mr, Eednar moved to approve these minutes as written, seconded by Mr. Asmus, and carried unanimously. 2, HEARING, CASE NO.82-993-036 PETER J, HYDE, 1236 N. E; 93rd Street FORECLOSURE -ON -LIEN Mr. LuBien due to the Wednesday, in cash, stated that no action is necessary on this case, fact that, Mr. Hyde came into City Hall on February 29, 1984 and paid the fine in full, 3. HEARING CASE NO 84,18I2-069 k'IICHELE SCHRAM, 1065 N. E. 97 STREET INOPERABLE VEHICLE AND BROKEN WINDOWS Mr, LuBien reported that the violations have been corrected. New windows have been installed throughout the entire building and the inoperable vehicle has been removed. In response to Mrs. Williamson's question, "Will an Affidavit of Compliance be filed?" Mr. LuBien noted thatjin a case such as this where the violator complies prior to the hearing a Form 4A would need to be filed. • • CODE ENFORCEMENT BOARD -2- 3/1/84 Mr. Grau moved that Mr. LuBien file Form 4A, seconded by Mr, Bednar, and carried unanimously, 4. HEARING CASE NO 84-1787-070 EDWARD N, ARECQ, 9326'N; W, 2'AVENtJE MILDEW AND PEELING PAINT Mr, LuBien stated that these violations have been corrected. He further noted that he had talked with Mrs. Areco and the delay in compliance was due to illness suffered by Mr. Areco and herself. Mr. & Mrs, Areco are both aged and infirm and unable to attend night meetings, Mr. Grau moved to have Form. 4A filed, seconded by Mr, 4smus, and carried unanimously, 5. HEARING CASE NO 84-1839-071 NANCY C. BLAKE, 164 N. E, '100: STREET MILDEW AND SCALINGTAINT The Code Enforcement Director reported that there had been no response to notices sent; however, since the affidavit was read before the Board, work has begun. The house had been pressured cleaned approximately ten days ago, but there has been no further action, Mr. John Blake, husband of Nancy C, Blake, deceased, appeared before the Board. Mr. Blake stated that the estate of Nancy Blake'.•.has been in probate and conditions provided by the Court for final settlement of the estate have been met. In reply to the Chairman's question, Mr, Blake stated that it is his intention to tear down the structure in the rear, and correct other violations, He further stated that petition has been made to the Court for payment of the monies from the estate, These funds will be used to expedite compliance, Following discussipn,,Mr, Grau moved, Finding -of -Fact and Conclusion of law that Mr, Blake is in violation of the Ordinance as cited by the Code Enforcement Officer and that a fine of $10.00 per day be assessed if he is not in compliance in fourteen (14) days, seconded by Mr. Taylor, Mr, Bednar offered an Amendment to the I;otaton tbatp A $50,00 fine be imposed as of tomorrow 0/2/84), and a fine of $10,00 per day begin to accrue, if he is not in compliance by March 15, 1984, The amendruent was accepted by Mr. Grau and by Mr. Taylor and, the amended motion passed with all members voting in favor, • CODE ENFORCEMENT BOARD -3- 3/1/84 6. AFFIDAVIT OF VIOLATION, CASE NO 84-2040-072 RICHARD BIEL'UWEA, 140'N. lor, 102' STREET PARKING BOAT IN'FRONT 'YARD Mr, LuBien outlined the facts of this violation and the many notices sent, still the condition has not changed, The Board reviewed photographs of the violation, Mr, Asmus moved to proceed to the next step, seconded by Mr. Grau, and carried unanimously, As a point of discussion, Mr, Bednar requested that flr. LuBien review the circumstance of this case with the same concise facts of violation at the hearing, so that there is no mistake of the facts, surrounding the continuing violation, which shall influence the Board's opinion, 7, AFFIDAVIT OF VIOLATION, CASE NO'84-1989=073 ALVARO GORDO; 10659'N, E. 11 COURT INCOMPLETE CBS WALL The facts of violation were outlined by the Building Director, The house was built fairly recentlyand at the time of construc- tion,Mr. LuBien advised Mr, Gordo that a retaining wall at the side of the house is necessary because the fill he put on his lot is considerably higher than the adjoining property. This created a very bad run off situation. Mr, Gordo pleaded dire circumstance made it necessary to move into the house, Upon receipt of a $300,00 bond to complete the wall, Mr, LuBien issued a Certificate of Occupancy to Mr. Gordo. The wall re- mains incomplete, and the bond has not been refunded, Following discussion, Mr. Asmus moved to proceed to the next step, seconded by Mr, Grau and passed 4/1, with Mr, Cutchens casting the dissenting vote, 8. CASE COSTS Mr, LuBien, the Code Enforcement Director reviewed a rough case cost break -down, which he outlined, to arrive at a figure of $110,00 for a very simple case. Mr, Grau suggested that the Board consider a minimum fine of $100.00, and that this fine be well publicized. Mr, Bednar agreed with Mr. Grau that, there should be a minimum fine established; however, he recommended that the merits of the case should determine the amount of the fine. He further stated that the members might consider a minimum fine of $50.00 to a maximum of $125,00, depending on the severity of the case. Mac, Cutchens moved that a seminar be conducted for Board Members, for the purpose of educating them concerning the code;and to develop policy and procedurecO 4ed'$y jt o Bednaro • CODE ENFORCEMENT BOARD -4- 3/1/84 Mrs, Williamson requested the motion be tabled for five (5) minutes to allow time for completion of the current dis- cussion, Mr, Cutchens insisted upon being heard, {Where -upon Mrs, Williamson again asked for five (5) minutes, stating that she likes Mr. Cutchens idea of a seminar and would like time to expound on it, Mrs, Williamson advised the Board that it is not authorized to impose costs, however, a fine may be assessed, Mr, Forney reported that he had discussed this matter with Mr, William F, Fann, Jr., Village Attorney and Mr, Fann will be drafting an ordinance addressing this matter. Mr, Forney further stated that he will bring it to the Board before it passes to Council. Until that time, Mr, Fann feels that there is no problem with the Board assessing a substantial first day fine and modifying the fine as violation continues. Mr, Cutchens wished to return to his previous discussion, re- garding a seminar, Again he was asked for patience, 9. RE: MEMO TO THE CODE ENFORCEMENT BOARD FROM MR, FORNEY Mrs, Williamson asked Mr. Forney to further clarify that portion of the ordinance which deals with voting, She stated that the Board will abide by the interpretation, in the future. Mrs, Williamson contacted the Department of Legal Affairs in Tallahassee for an opinion as to which is the proper interpreta- tion. At the same time she will be requesting an opinion on the Board's power to assess a fine for individual violation on each occurance, Discussion followed. 10, Mr. Cutchens requested a vote on his motion requesting a seminar, The motion passed with the following vote; Mr. Cutchens Yes Mr, Taylor Yes Mr, Asmus Yes Mrs, Williamson Yes Mr, Bednar No Mr, Grau No Mr. ZuBien and Mrs. Williamson will get together to gather infor- ma.tion for seminar, 11, The meeting adjourned at 8;30 p,m, r