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05-16-1984 Regular Meeting• aiami cShores9Illage F L OR ID A CODE ENFORCEMENT BOARD MEETING MAY 16, 1984 A regular meeting of the Miami Shores Village Code Enforcement Board was held on May 16, 1984, 7:30 p.m., at the Village Hall, with the following members present: Julie A. S. Williamson, Chairman Barry K. Asmus Donald L. Bednar Kenneth Cutchens Franklin E. Grau Santos Rivero Arthur H. Taylor Also present: L. R. Forney, Jr., Village Manager Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES: Mr. Rivero moved to approve, ss written, the minutes of the April 5, 1984 meeting, seconded by Mr. Asmus, and carried. Though not on the agenda, Mrs. Williamson requested that Mr. Lubien review the new Ordinance #465-84. An Ordinance. confirming the powers of the Code Enforcement Board to impose Administrative costs, for the Village to recover attorney fees and court costs in code enforcement proceedings; providing an effective date. Discussion followed. Mrs. Williamson by way of introduction to those present stated that the meetings are conducted in a somewhat informal manner. She out- lined the procedure and advised persons who might be found in violation that each case is reviewed individually. Our primary goal is compliance with the code. 2. HEARING, CASE NO 84-1917-074 JAMES DENTICO, (CASA NICOLE CORP), 9280 Biscayne Blvd. VARIOUS VIOLATIONS Member reviewed photographs taken by Mr. LuBien, the Code Enforcement Director, and others submitted by neighbors; as Mr. LuBien cited the facts behind the violations, stating that since 1981 there have been various violations, including failure to provide proper and sufficient garbage containers,, vehicular maintenance and repair work, storage of inoperative vehicles, parking commercial vehicles, and currently mildewed walls. Sections of Code/Zoning Ordinance which have been violated are, Schedule of Regulations, 12-43, 14-43, 10-17, and 10-20. Mr. John Knezevich, Magherita Branciforte and Judge Thomas M, Carney were sworn in. • • CODE ENFORCEMENT BOARD -2- 5/16/84 Mr. John Knezevich, upon being sworn in, stated :ithat he"_1ives across the street from the Dentico's and the above mentioned property. Mr. Knezevich stated that since the placewasbuilt, multiple business activities not conducive to the residential neighborhood have been going on. He further noted that since 1977 he has written numerous letters of complaint to all Village Managers, prior to establishment of the Code Enforcement Board. The problems are then corrected for several months, but this has been a recurring problem for seven years. Recognizing a request. from Mr. Philip Gouze, Attorney for Mr. and Mrs. Dentico the opportunity to be heard; Mr. Bednar moved that Attorney Gouze be recognized, sworn in and be allowed to state his objection to the testimony of witnesses, seconded by Mr. Grau. Following a brief discussion, Mr. Rivero called the question; which passed with the following vote: Mr. Cutchens No Mr. Taylor No Mr. Asmus Yes Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau Yes Mr. Rivero Yes Mr. Philip Gouze, office at 200 S. E. 6th Street, Ft. Lauderdale, Fl., stated that he objects to the procedure of having to be sworn in, but will comply. Mr. Gouze then stated that his client has been denied due process and objects on the basis that specific violations have not been cited. Mrs. Williamson responded that objection is notedand that as the hearing proceeds, if there is. finding that matters have not been properly cited they will be put off for another time. Margherita Branciforte, a resident owner of one unit of Casa Nicole Corp., stated that for three years she has tried..every kindness to reason with the Dentico's regarding the .problems on the property. She maintains that from time to time the pool has been in deplorable condition, there has been a lack of parking spaces due to inoperable vehicles and extensive auto. repair taking place on the property. Mrs. Branciforte further noted that one point, in desperation to correct the situation, she stopped paying maintainance fee and gave the checks to her attorney.to hold in escrow. She presenteda petition, signed by neighbors attesting to the Dentico's neglience in the proper maintainance of the area. (Petition is made a part of the record). Judge Thomas M.'Carney, wished it known that his presence is not in an official capacity, nor should his remarks be considered as any- thing morethan a direction toward the facts of his observations. CODE ENFORCEMENT BOARD -3- May 16, 1984 Judge Carney, who lives at 670 N. E. 93 St., noted that during the past four years he has noticed Mr. Dentico repairing or attempting to repair several vehicles during evening or early evening hours, and sometimes during the day. Judge Carney observed there have been as many as ten vehicles at one time. Inaddition there have been some trucks parked on the property from time to time, and all this has been a prevalent, continuing condition since he has lived inhis house. In reply to questions, Judge Carney stated he is not aware of the garbage problem, since he does not see that side of the building property. Sylvia Cordero, upon being sworn in testified she has lived at 710 N. E. 93 St. about twelve years and that these problem have been ongoing for at least the past seven or eight years. Sylvia Cordero stated that she works every day, but has observed several. trucks parked there on various occasions. Old cars which seem abandoned have been parkedin front of her house and she has had to request Mr. Dentico to move them so that the gardner could cut her lawn. Mrs. Cordero further testified that the garbage is not properly containerized. Mrs. Williamson advised Mr. Gouze that he could, if he desired, have Mr. Dentico sworn in to respond to the charges.. Mr. Gouze then requested to cross examine the witnesses, but was advised he could raise questions, but that this is not a court of cross examinations. Mr. Gouze then moved to strike all testimony as prejudicial and irrelevant to all charges as listed and never should be heard. Mrs.Williamson advised Mr. Gouze that it is the Board's duty to get a complete picture of the problem; therefore, the testimony, as presented, will be maintained. Following qualification of the charges by Mr. LuBien, Mr. Bednar advised Mr. Gouze that the point being made is that these are the charges that the Board is referring to, none other, testimony that may be circumstantial is simply used as qualification, some of which is directly related to the charges. Much discussion followed. Mr. Dentico was sworn.in, following Mr. Taylor's query if .Mr. Gouze would permit hilly to testify,or if he would testify for him? Responding to prompting from Mr. Gouze, Mr. Dentico stated that the last two charges concerning waste fee (10-17 and 10-20) are not valid as shown by receipt presented. As for 14-43, he noted that all vehicles that he owns are on his own property and are operable. Regarding 12-43, Mr. Dentico conceded that he was in violation and proceeded to paint the building. Extensive discussion continued. Mr. Cutchens moved .for Finding -of -Fact and Conclusion of Law and that Mr. Dentico is in violation. of Sec 10-17 and 10-20 of the ordinance, seconded by Mr. Asmus and passed unanimously. by a roll call vote. CODE ENFORCEMENT BOARD • • In addition • -4- 5/16/84 Mrs. Williamson read Sec 14-43 (a) Storage of inoperable motor vehicles. Mr. LuBien noted that there have been at least one half dozen or more inoperative vehicles on the property since 1981, and cars in major stages of repair. Mr. Dentico refused to answer questions concerning the alleged violation of parking or storing inoperative vehicles. Mr. Bednar moved that it is a Finding -of -Fact and Conclusion of Law, Mr. Dentico is in violation of Sec. 14-43 (a) (the inoperative vehicle being a Cadillac, as noted), seconded by Mr. Taylor. Following a brief discussion Mr. Rivero called the question. The motion carried unanimously by a roll call vote. Following clarification of Sec 12-43 andtestimony that the building, as of today has not been painted, Mr. Bednar moved that it is Finding -of -Fact and Conclusion of Law that Mr. Dentico is in violation, seconded by Mr. Taylor. Mr. Gouze voiced hisobjection for the record, so he knows where to go in thirty days. Mr. Gouze stated this Board is primarily interested in assessing of fines. The question was called and the motion carried. by a unanimous roll call vote. Mr. Grau moved that it is Finding -of Fact and Conclusion of Law, that violations of Schedule of Regulation exists in that the area is used for parking of commercial vehicles, for assembly area for workmen, parking inoperable vehicles, and making major auto repairs on autos in a residential zone. Mr. Asmus, seconded the motion and it carried unanimously. Mr. Rivero moved that Finding -of -Fact and Conclusion of Law has been established, and that a $500.00 Administrative fee be imposed. --x$250.00 per day, if Mr. Dentico is not in compliance within thirty days, seconded by Mr. Grau. An amendment to the motion offered by Mr. Cutchens and another by Mr. Asmus were refused by Mr. Rivero. Much discussion followed, concerning the fact that the Board is dealing with a continuing pattern or intermittent problem. Mr. Bednar was recognized for calling the question. Motion passed with the following vote: Mr. Cutchens No Mr. Taylor Yes Mr. Asmus Yes Mrs. Williamwon Yes Mr. Bednar Yes Mr. Grau. Yes Mr. Rivero Yes. CODE ENFORCEMENT BOARD -5- Order of business was changed, so as at the meeting in response to Notice of 5/16/84 to accomodate those 9. HEARING, CASE NO 84-2147-081 EARLE P. LOOMIS, 161 N. W. 107 St. VARIOUS VIOLATIONS Hearing. present Mr. LuBien stated the facts behind violation, which were not immediately resolved; however, since that time Mr. Loomis has complied. Mr. Loomis, after being sworn in, stated that the boats and the vans belonged to his son who has a mind of his own. Er. Loomis further noted that he would be unable to recover any penalty from his son, who has since moved, taking with him the boats and vans. Mr. Loomis noted that he is a 34 year, law abiding resident of Miami Shores, he regrets that this situation ever occurred, and further that he himself is willing to pay whatever costs are assessed. Mr. Law fee the Bednar moved that it is a Finding -of -Fact, and Conclusion of that the violation no longer exists, and that an Administrative seconded by Mr. Rivero and it failed with of $5.00 be imposed, following vote: Mr. Cutchens Mr. Taylor Mr. Asmus Mrs. Williamson Mr. Bednar Mr. Grau Mr. Rivero No No - Because he wished to waive entirely. No - $5.00 insufficient & $110. too steep. Yes Yes No Yes Mr. Cutchens felt the Board should have a minimum base to work from and moved to assess Mr. Loomis $110.00. The motion failed for lack of a second. Mr. Grau moved to find Mr. Loomis in conpliance and to assess a $50.00 Administrative fee, seconded by Mr. Asmus. Following dis- cussion, the question was called and failed with the following vote: Mr. Cutchens No Mr. Taylor No Mr. Asmus Yes Mrs. Williamson No Mr. Bednar No Mr. Grau Yes Mr. Rivero No. Mt. Asmus then moved to. find Mr.. Loomis in compliance and an Administrative cost, of $25.00 be imposed, seconded by Er. Bednar, the motion carried with the following vote: Mr. Cutchens No Mr. Taylor No Mr. Asmus Yes Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau No Mr. Rivero Yes • • CODE ENFORCEMENT BOARD -6- 5/16/84 11. HEARING CASE NO. 84-2159-083 ATILES-FIGUEROA, FELIX, 262 N. E. 103 St. ROOF PAINTING INCOMPLETE Nr. LuBien stated the facts behind the violation. He noted that a little more work had been don'on the roof as of 10:45 a.m., today (May 16), but the roof painting remains incomplete. Mrs. Figueroa, after being sworn in stated. that she has worked very hard all day to complete the painting and that is is now finished. Mr. Asmus moved that it is Finding -of -Fact and Conclusion of Law, Mrs. Figueroa is not in compliance as of 10:45 a.m. today, and that $175.00 Administrative cost be levied.oad$75.00 per day, In addition to commence seven days from today, if she is still not in compliance, seconded by Mr. Taylor. An amendment to the motion by Nr. Cutehens to reduce Administrative cost to $125.00 was accepted by Mr. Asmus and Mr. Taylor. The motion was put to a vote, and passed 512 with Mr. Graze and Mr. Rivero casting the dissenting votes. Following discussion it was agreed the decision is final. Mr. Rivero explained the results in Spanish to Mrs. Figueroa, emphasizing that these fees will become a lien against the property if they are not paid after a one year period. 3. HEARING, CASE NO. 84-2046-075 ALLEN MOWRY, 10050 N. Miami Ave. DETERIORATED ROOF DECK Facts behind violation, as cited are unsightly yard,!and the deterioration of carport roof deck were observed on January 23, 1984. Notices were sent, but there has been no response, nor action. The violation continues. Mr. Asmus moved, Finding -of -Fact and Conclusion of Law, that there is a violation and that Administrative cost of $200.00, plus $75.00 per day after one day be assessed, seconded by Mr. Grau.. Mr. Bednar offered an amendment to the motion, $75.00 per day after thirty days. The amendment was accepted by Mr. Asmus and. Mr. Grau. Discussion followed. The question was called by Mr. Gran. The motion passed with the following vote: Mr. Cutchens Yes Mr. Taylor Yes Mr. Asmus Yes Mrs. Williamson No Mr. Bednar No Mr. Grau Yes Mr. Rivero Yes • • CODE ENFORCEMENT BOARD -7- 5/16/84 4. HEARING, CASE NO. 84-1519-076 MR. JAMES PHIPPS, 278 N. E. 101 ST. SCALING PAINT, MILDEW & UNSIGHTLY YARD The scaling paint and mildew were observed on May 3, 1983 and unsightly yard on June 28, 1983. Notices were sent, but Mrs. Larkin had died. Notices were then sent to Mr. Phipps who called to advise of estate litigation, and plans to clean and rent premises for winter of '83-'84. There has been no action other than some yard work. A notice of hearing was sent by certified mail, but was returned. Mr. LuBien then returned to the location of Mr. Phipps residence, in the absence of Mr. Phipps, the document was left with his son, Mike Phipps, with an ex- planation of the contents, at 9:20 a.m. on May 11, 1984. Mr. LuBien further notedthat the only thing being done at this time is the maintainance of the yard, to a degree. Mr. Bednar moved that this is a Finding -of -Fact, and Conclusion of Law that a violation exists, and that Administrative costs of $150.00 be assessed, plus $50.00 per day after thirty days, if non-compliance continues, seconded by Mr. Asmus. Following discussion, the motion carried with the following vote: Mr. Cutchens No Mr. Taylor Yes Mr. Asmus Yes Mr. Williamson Yes Mr. Bednar Yes Mr. Grau Yes Mr. Rivero Yes 5. HEARING, CASE NO. 84-1935-077 DIRECT OIL CO., 8787 BISCAYNE BLVD. MILDEW AND SCALING PAINT The facts behind the' violation were stated by Mr. LuBien. Notices were sent and the front of the building was painted. In subsequent conversation with the. owners, in Nashville, they were not aware compliance had not been met, and the painting was immediately completed. Mr. LuBien stated that the station is now in compli- ance and has been closed. Mr. Taylor moved that it is a Finding -of -Fact that as of:today.the building is in compliance, seconded by Mr. Asmus, and carried unanimously. Mr. Asmus then moved that it is a Finding -of -Fact and Conclusion of Law that the building is currently in compliance and an Administrative fee of $150.00 be assessed, seconded by Mr. Taylor. Following discussion, the vote was unanimously in favor. • • CODE ENFORCEMENT BOARD -8- 5/16/84 6. HEARING, CASE NO. 84-2083-078 YVON ST. JUSTE, 168 N. E. 91 St. UNSIGHTLY YARD There has been no response to the notices sent, concerning the violation. Mr. LuBien submitted current photographs for the Board to review, and the situation continues to deteriorate. Mr. Asmus moved that there is a Finding -of -Fact and Conclusion of Law, St. Juste is not in compliance and that he be assessed $150.00 Administrative costs, plus $50.00 per day after thirty days, if he has not complied, seconded by Mr. Taylor. Following discussion; Mr. Taylor called the question, which then carried unanimously. 7. HEARING CASE NO. 84-2104-079 JAMES L. SCHAYE, 325 N. E. 95th ST. SCALING PAINT Mr. LuBien stated that peeling paint was observed on the fascia and soffit on February 7, 1984. There was no initial response to the first notice and a final notice was returned, unclaimed. In a subsequent phone call from New York, Mr. Schaye stated that he is in litigation with the painting contractor to correct the problem. He further gave assurance that the problem would be corrected before this hearing. Observation this. A. M. shows that he has complied. A motion, made by Mr. Asmus for Finding -of -Fact and Conclusion of Law, that Mr. Schaye is now in compliance and that he be assessed $125.00 Administrative fee, was seconded by Mr. Taylor. Mr. Bednar's amendment to eliminate the Administrative fee, on the grounds of extenuating circumstance, in that Mr. Schaye did not reply sooner because of the time it took the notice to catch up with with him, was refused. A reduction in the Administrative fee to $110.00, by Nr. Cutchens was accepted. Discussion followed and the motion to assess $110.00 Administrative fee carried with the following vote: Mr. Cutchens Yes Mr. Taylor Yes Mr. Asmus Yes Mrs. Williamson No Mr. Bednar No Mr. Grau Yes Mr. Rivero No CODE ENFORCEMENT BOARD -9- 5/16/84 8. HEARING, CASE NO. 84-2140-080 ANNA E. VAN SCIVER, 1223 N. E. 102 ST. SCALING PAINT There was violation received represent to inform sible for no initial response to notices sent concerning the of peeling paint. Mr. LuBien then noted that he a call from an attorney who stated that he does not Mrs. VanSciver in any official capacity, but wished the Village that she is in her 90's and not respon- actions. No current action has been taken to correct the violation. Mr. LuBien suggested that this is a case which might be consid- ered by the Mayor's Task Force. Mr. Taylor moved to table this case until the next meeting, and recommend it to the Mayor:'s Task Force, seconded by Mr. Asmus. Mr. Grau's amendment to table the issue until the regular July meeting was accepted. The motion carried by a vote of 6/1, with Mr. Cutchens dissenting. 10. HEARING/,; CASE. N0. 84-2172-082 CITY NATIONAL BANK OF MIAMI, 21 N. W. 104 St. VARIOUS VIOLATIONS Mr. LuBien stated that the facts behind violations, continuing since 1982, have had token compliance. City National Bank of Miami refuses to divulge the owners name or occupants name. Mt. Asmus moved that there is a Finding -of -Fact and Conclusion of Law as stated in the Notice of Hearing, that Administrative cost of $250.00 be imposed. and $75.00 per day, if not complied in thirty days, motion seconded by Mr. Bednar, and carried with the following vote: Mr. Cutchens Mr. Taylor Mt. Asmus Mrs. Williamson Mr. Bednar Mr. Grau Mr. Rivero 'In addition Yes Yes Yes Yes No Yes No. 12. AFFIDAVIT OF VIOLATION, CASE NO. 84-2113-084 JAMES F. JONES, JR. , 520 N. E. 107 ST. PEELING PAINT AND MILDEW Photographs were reviewed by members and the facts behind the violation were stated. Mr. LuBien noted there has been no re- sponse to notices sent, nor any attempt to correct the violation. Mr. Asmus moved to proceed to the next step, Mt. Taylor seconded, and the motion carried unanimously. 13. AFFIDAVIT OF VIOLATION, CASE NO 84-2168-085 DOROTHY M. SMITH, 122 N. E. 105 ST. UNLAWFUL REED SCREEN • CODE ENFORCEMENT BOARD -10- 5/16/84 13. Cont'd The Code Enforcement Director stated that the unlawful reed screen has been cut to 5' height from 6'. He further noted, it does remain in violation since it is a reed screen and not a properly anchored fence. Mr. Cutchens moved to table this case until more information is obtained regarding the screen, seconded by Mr. Taylor. Mr. Grau offered an amendment that this case be passed to the Planning and Zoning Board for a determination, if this is or is not a fence. The motion was rephrased by Mr. Cutchens, that the issue be tabled until the June meeting, and that it be referred to the Planning and Zoning Board for clarity. Discussion followed. Mr. Bednar, in a point of order, stated that the Board should consider Mr. LuBien's expertise, and if he considers it a vio- lation of what the Village implies in talking about fence. The motion carried by a 6/1 vote, with Mr. Bednar dissenting. 14. AFFIDAVIT OF VIOLATION, CASE NO. 84-2148-086 WILLIAM RIDINGER, 142 N. E. 111 ST. UNLAWFUL REED SCREEN Mr. LuBien observed the unlawful reed screen on March 13,1984, and sent notices, the violation continues. Mrs. Ridinger came into Village Hall on March 29, 1984 to protest that a violation existed. Mr. Asmus moved the same recommendation as the previous case, that the issue be tabled until the June meeting, and that it be referred to the Planning & Zoning Board for clarity, seconded by Mr. Rivero, andcarried by a vote of 6/1. Mr. Bednar dissenting. 15. AFFIDAVIT OF VIOLATION, CASE NO 84-2250-087 BENJAMIN PEREZ, 10658 N. E. 10 CT. "FOR SALE" SIGN ON CAR Mr. LuBien stated the "FOR SALE" sign was observed on the car on April 13, 1984 and still there on April 26, 1984, in_spite of notices sent the signs were not removed. The signs were still on the car as of May 9, 1984. However, as of this a.m. the car was moved. Mr. LuBien recommended this case be continued for hearing because of Mr. Perez's refusal to comply with the ordinance. Mr. Bednar moved that on the basis of the fact, that Mr. Perez did not attempt to comply with the ordinance within the time span involved, that we proceed to the next step, seconded by Mr. Taylor, and carried unanimously. CODE ENFORCEMENT BOARD -11- 5/16/84 16. AFFIDAVIT OF VIOLATION, CASE NO. 84-2288-088 RAUL J.BARRETO, 72 N. E. 104 ST. VARIOUS VIOLATIONS Facts behind the violation were stated by Mr. LiBien. Photographs were reviewed and a letter of complaint from a neighbor submitted. Notices have been sent. There has been no response nor compliance. Mr. Forney stated that as of 6:00 p.m. today, motorcycles were being repaired in front of the residence. Mr. Grau moved to proceed to the next step, seconded by Mr. Taylor, and carried unanimously. 17. REPORTS OF PREVIOUS MEETINGS: A) CASE NO 84-2040-072 RICHARD BIELUWKA, 140 N. W. 102 ST. PARKING BOAT IN FRONT YARD Upon request from the Board that this case be monitored, Mr. LuBien stated that the boat has been parked in the side yard on all occasions the premises were visited. Mr. Bieluwka is in compliance. CASE NO. 84-1989-073. ALVAR0.CORDO., 10659 N. E. llth COURT INCOMPLETE CBS WALL Mr. LuBien stated the Board's instruction to deduct $100.00 from Mr. Gordo's bond has been carried out and $400.00 was returned to Mr. Gordo. The wall is complete. The meeting adjourned at 11:20, by a motion made by Mr. Taylor, seconded by Mr. Asmus, and carried unanimously. •