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04-05-1984 Regular Meeting• cfhores 9' llage F L OR 1 0 A CODE ENFORCEMENT BOARD MEETING APRIL 5, 1984 A regular meet1ag of the Miai1: Shores --Village Code Enforce- ment Board was held on April 5,-19840. 7;30•p ,m:,, at the Village Hall, with the following members present; Julie A„ S, Williamson, Chairman Barry K, Asmus Donald Z. Bednar Kenneth Cutchens Franklin E, Grau Santos F, Rivero Arthur H., Taylor Also present; L. R. Forney, Jr., Village Manager Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES: The minutes of the meeting of March 1, 1984 were approved as written by a motion made by Mr, Asmus, seconded by Mr, Taylor, and carried. 2, HEARING, CAE NQ8.84,2040-072 RICHARD BTELDWK,A., 140 N. W'. 102 Street PARKING BOAT IN FRONT YARD Mr, LuBien, Code Enforcement Director, restated the case for members, reading from the Affidavit of Violation, He further outlined dates of the numerous notices sent, stating this is a continuing violation, Members reviewed photographs of the boat parked in yard, Mr. Bieluwka stated in his behalf that the boat is parked in the front yard for convenience,. as often when he returns from a boat outing or fishing he is too tired to place the boat in the side yard. He also stated that he is trying to find an- other suitable place to store the boat, hopefully at his place of business. Much discussion followed. Board members offered to Mr. Bieluwka recommendation for several alternative solutions to his problem. Mr, Bednar moved for Finding of Fact and Conclusion of Law, -and further that Mr, Bieluwka's case be continued indefinitely, and should there be further violation of this ordinance, a fine of fifty dollars ($50,00) per violation will be imposed, seconded by Mr. Asmus, and carried with the following vote: CODE ENFORCEMENT BOARD -2- 4/5/84 Mr. Cutchens Yes Mr. Taylor Yes Mr. Asmus Yes Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau Yes Mr. Rivero Yes. 3. HEARING, ;CASE NO. 84-1989-073 ALVARO GORDO, 10659 N. E. 11 Court INCOMPLETE CBS WALL Facts of the violation were outlined by Mr. LuBien,. The house was built fairly recently but a CBS retaining wall was observed incomplete on 11/22/83. Notice was sent to Mr. Gordo, and correspondence followed. Some work was done, however .the wall remained unfinished until on Monday, April 2 when Mr. LuBien received a call advising him that the wall has been completed. He further noted that because of Mr. Gordo's dire circumstance to move into the home, he had issued a Certificate of Occupancy in lieu of a five hundred ($500.00) bond posted to assure com- pletion of the wall, In reply to questions from the Board, Mr. LuBien stated that certain expenses have been incurred in bringing this case to. the Code Enforcement Board, and that there are no restrictions on the bond. Mr. Gordo defended the delay in completion, attributing it to his extremely busy schedule, attending Med school out of the country, a breakdown in communications, unfortunate sequence of events, and disagreement on how the wall should be completed. He further stated that he was not aware of the code requirements. Mr. Bednar advised Mr. Gordo, that since he had contracted to have the work done, it is the builder's:responsibility to be aware of the code requirements or restrictions. In reply to Mr. Bednar's question, what does he feel is a fair fee for having brought this case before the Board for this hearing, Mr. Gordo volunteered to relinquish $100.00 from the Bond for this expense. Mr. LuBien will deduct same before bond is refunded. Following further discussion Mr, Bednar moved to find Mr, Gordo in compliance, seconded by Mr. Asmus, and carried unanimously, 4. AFFIDAVIT OF VIOLATION, CASE NO,, 84-1917-074 JAMES DENTICO, 9280 BISCAYNE BLVD. VARIOUS VIOLATIONS The Code Enforcement Director passed out photographs of the viola- tions for the Board's review, He outlined the facts behind the many, and various violations since 1981, Namely, failure to provide proper and sufficient garbage containers, vehicular maintenance and repair, pouring crankcase oil on parking lot surface, storage of inoperable vehicles, parking commercial vehicles and currently mil- dewed walls. He further stated that he has received photographs • CODE ENFORCEMENT BOARD -3- 4/5/84 and complaints from neighbors concerning the violations surrounding this property, Mr. LuBien noted that he will try to determine the principals in the Casa Nicole Corp. Following discussion Mr. Bednar moved to proceed to the next step, seconded by Mr. Grau, and carried unanimously. 5. AFFIDAVIT OF VIOLATION, CASE NO. 84-2046-075 ALLEN MOWRY, 10050 N. Miami Ave, DETERIORATED ROOF DECK Members reviewed photographs as the Code Enforcement outlined the facts behind the violation. Mr. Bednar made a motion to proceed to the next step, by Mr. Grau, and carried unanimously. 6. AFFIDAVIT OF VIOLATION, CASE NO. 84-1519-076 MS. JAMES PHIPPS, 278 N. E. 101 Street SCALING PAINT, MILDEW, AND UNSIGHTLY YARD Director seconded Following the review of facts behind the violation and photo- graphs of the violations, Mr. Grau moved to proceed to the next step, seconded by Mr. Rivero, and carried unanimously. 7, AFFIDAVIT OF VIOLATION, CASE N0.84-1935-077 DIRECT OIL CO., 8787 BISCAYNE BLVD. MILDEW AND SCALING PAINT The Code Enforcement Director outlined facts behind the viola- tions, as members reviewed photographs. Mr. Asmus moved to proceed to the next step, seconded by Mr. Cutchens, and carried unanumously. 8. AFFIDAVIT OF VIOLATION, CASE 0Q,84-2083-078 YVON ST JUSTE, 168 N. E, 91 Street UNSIGHTLY YARD Following outline of the facts of violation by Mr, LuBien, and review of photographs, Mr. Asmus moved to proceed to the next step, seconded by Mr. Taylor, and carried unanimously, 9. AFFIDAVIT OF VIOLATION, CASE NO, 84-2104-079 JAMES L, SCHAYE, 325 N, E. 95th. St, SCALING PAINT The facts behind the violation -were outlined by lixe.,uDten$ and members reviewed photographs, Mr, Asmus moved to proceed to the next step, seconded by Mr. Bednar, and carried unanimously, CODE ENFORCEMENT BOARD -4- 4/5/84 10. AFFIDAVIT OF VIOLATION, CASE NO. 84-2140-079 ANNA E. VAN SCIVER, 1223 N. E. 102 St. SCALING PAINT Mr. LuBien outlined for the Board, facts behind the Violation, as members viewed photographs. Mr. Asmus moved to proceed to the next step, seconded by Mr, Grau, and carried unanimously. 11, AFFIDAVIT OF VIOLATION, CASE NO. 84-2147-081 EARLE P. LOOMIS, 161 N. W. 107 Street VARIOUS VIOLATIONS Following review of the facts behind the violations, Mr. Asmus moved to proceed to the next step, seconded by Mr. Taylor, and passed. 12. AFFIDAVIT OF VIOLATIONS, CASE NO. 84-2172-082 CITY NATIONAL BANK OF MIAMI, 21 N. W. 104 St. VARIOUS VIOLATIONS Mr. LuBien stated the facts of violation, stating that the City National Bank of Miami forwards notices to, the owner, The bank is the Trustee. Mrs. Williamson requested that Mr. LuBien investigate to determine the full name of the owner, so that the correct person is cited. Mr.Asinus.moved to proceed to the next step, seconded by Mr, Bednar, and carried unanimously, 13. AFFIDAVIT OF VIOLATION, CASE NO, 84-2159-083 ATILES-FIGUEROA, FELIX, 262 N. E. 103 St, ROOF PAINTING INCOMPLETE Following review of the facts of violation Mr, Bednar moved to proceed to the next step, seconded by Mr, Asmus and carried. 14, REPORT FROM PREVIOUS MEETING A. CASE NO. 84-1839-071 NACNY BLAKE, 164 N. E. 100 Street MILDEW AND SCALING PAINT, Mr. LuBien stated that the work is completed on the Blake house, He is now in compliance, except that Mr. Blake needs to come in to pay the $50,00 fine imposed by the Board. CODE ENFORCEMENT BOARD -5- 4/5/84 15. Mr. Ted Swing appeared before the 'Board to report an on- going problem with anonymous, threatening phone calls to himself and his family. By his appearance he hoped to obtain the name of the person who first filed the complaint of violation against him. He further informed the Board that the police were called, but could do nothing, Discussion followed. Mrs.Williamson advised Mr. Swing that we do investigate anonymouadomOlglAtaof violation. We can do nothing about the phone calls. Mr. Bednar advised him to call the Telephone Co.. He stated the company can easily trace calls when there is a pattern to follow, such as calls confined to a neighborhood. The company will then divulge the identity to a law enforcement agency, 16. Members were asked to review an amendment to the Ordinance relating to Finer and Liens, Paragraph (a), Section 2-26. Following discussion, Mr. Asmus moved to recommend to Council, approval of the amendment to the Ordinance, seconded by Mr. Rivero, and carried with a 5/2 vote. With Mr. Cutchens, and Mr. Grau dissenting. Mr. Grau stated he voted No because he wished certain questions clarified. 17. Mrs. Willaimson gave members a list of questions to be clari- fied, concerning the Board's functions and procedures. Members were requested to read, meditate, and be prepared to discuss same at a later meeting. 18. It was determined that several members would be unable to attend the regularly scheduled meeting in May. Mr, Asmus moved to postpone the meeting to the third Wednesday, in May, (May 16th), seconded by Mt. Taylor, and carried unanimously, The meeting adjourned at 9:15, Bey! etary