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09-06-1984 Regular Meeting• • iami JhoreslIage F L OR ID A CODE ENFORCEMENT BOARD MEETING SEPTEMBER 6, 1984 A regular meeting of the Miami. Shores Village Code Enforcement Board was held on September 6, 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 Santos Rivero Arthur H. Taylor Absent: Franklin E. Grau - Mr. Grau notified Mrs. Williamson, he had a commitment to attend the Village Budget Hearing. Also present: Frank LuBien, Code. Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES Mr. Bednar moved to amend the minutes of the meeting of July 19, 1984. On page 3, paragraph 1, the word.true to appropriate, and on page 5, paragraph 1., off and on to intermittent. The motion seconded by .Mr. Rivero, and unanimously: -approved as modified. 2. HEARING, CASE NO. 84-2135-089 UNION OIL, 8700 BISCAYNE BLVD. UNSIGHTLY, WITH PEELING PAINT, CONCRETE LOUVER FENCE Mr.. LuBien outlined the facts behind the violation as members reviewed photographs. Mr. LuBien stated, though the damaged concrete fence has been repaired, it has not yet. been painted, also loose trash continues to accumulate inthe surrounding area. Mr. LuBien suggested that a dumpster, on one corner of the property, which belongs to an adjoining grocery store, be moved, but it remains in place. The manager of the grocery store and the manager of the station insist this is not a problem, and that they could keep the area clean. Robert Butler, Sales Representative for Union Oil was sworn. in. He stated that he attended the meeting for the Area Sales Representative, Pelaya Mazzoro. The owners of the station are Sergio..Tores and Hector Lamaris. Mr. Butler noted the fence hadbeen repaired and it will be painted as soon as:.the weather permits. In reply to Mr. Bednar's question, Mr. Butler stated, the Union Oil does have contact with the owners and they are responsible for housekeeping of the premises. Union: -Oil can default the owner from a lease if serious problems continue. Mr. Butler gave Mr. LuBien the business card of the Area Manager for contact. 4111 Mr. Bednar moved to continue the hearing in anticipation of a positive report from Union Oil, seconded by Mr. Taylor. • CODE ENFORCEMENT BOARD -2- 9/6/84 In discussion which. followed, members agreed that Union 0i1 should be involveddirectly in somehow relaying to the owner the importance of maintaining this.property in a sightly manner, acceptable to the Village. Mr. Rivero moved for Finding of Fact and. Conclusion of Law that a violation exists,. and. that an. Administrative.fee of $120_.00 be imposed, and in addition, if after 30 days the situation is not corrected, a fine of $50.00 per day will:be imposed. Mr. Taylor second.'.the motion. Mr. Bednar emphasized to Nr.. Butier the responsibiility:of the Board to pursue the Village Ordinances and. the. importance of Union Oil to get this message across to the Service.Stat.ion:owner, that penalty for any subsequent violations may be more severe. The motion passed unanimously by a rollcall vote. 3. HEARING CASE NO. 84-22.11-090 OREN MORTON, 189. N. W. 92 ST. VARIOUS VIOLATIONS The Board reviewed photographs of the violations as Mr. LuBien outlined the facts. Peeling paint and excessive mildew on the -house, junk car in front, and overgrown and.unsightly yard. The painting. has been done and the junk car removed. Lawn and. parkway work incomplete. Mr. Morton, after being, sworn in, stated. that the mower broke. down as he was cutting the yard, and he needs additional time to be in full compliance. He assured Mrs. Williamson that he could have the job completed by the next meeting, and that he. has hired someone to maintain the lawn regularly. In. reply to Mr. Asmus question, Mr. Morton stated, the delay in compliance earlier was due to his ill health. Mr. Cutchens. moved for Finding of. Fact and Conclusion of.Law that. the violation:continues, andthat if' not corrected, according to the Code, and Mr. LuBien's satisfaction. within 30 days, a fine of $25.00 per day be imposed, seconded --by Mr. Taylor. Following, further discussion,. Mr.. Bednar. offered an amendment to assess a $75.00 Administrative fee, in addition to the $25.00 per day, if the violation is not corrected within the 30 days. The amendmentwas accepted by Mr. Cutchens and.Mr. Taylor, and carried_ unanimously by a roll call vote. Mrs.. Williamson clarified the motion for Mr. Morton. 4. HEARING,, CASE NO. 84-2231-091 ALEJANDRO DE CASTRO, 42 N. W. 103 ST. PEELING PAINT, UNSIGHTLY YARD The facts behind the: violation ascited by Mr. LuBien, are overgrown and unsightly yard, peeling paint on fascia and wood trim of the house. Photographs were reviewed by members.. Mr. LuBien stated that all viola- tions have been corrected as ofthis morning. Mr. Alejandro De. Castro wassworn in. He related:that the house was in. deplorable condition when he bought it 12 years.ago, with two mortgages, and credit cards, and further he has.had.a very difficult year. financially. He stated that he has.been working. very hard inside and out to make the necessary repairs to be.in..compliance. The work has beenintermittent as finances permit. CODE ENFORCEMENT BOARD -3- 9/6/84 Following discussion, Mr. Bednar moved to find Mr. De. Castro in compliance of the violations of Ordinance as cited, and to assess a $50.00 Administrative cost, seconded by Mr. Taylor. Mr. Bednar re- minded Mr. DeCastro that he does.have an.obligation :to his neighbors in Miami. Shores to maintainthe property in a pleasing manner. The vote -was. called, and. the motion:carried by a 5-1 roll call vote, with Mrs. Williamson dissenting. Mrs. Williamson advised Mr. DeCastro of the Board's flexibility in assessing fines and reminded him to seek. Mr. LuBien's expertise re- garding additionalwork and. permits. 5. HEARING, CASE NO. 84-2262-093 WILLIAM J. HEFFERNAN,.161 N. E. 106 ST. FENCE HEIGHT VIOLATION As members reviewed photographs, of the fence, Mr..LuBi.en stated that construction of this wood fence in excess of height limitations and without a permit was observed on 8/4/83. Several notices ha&been sent with no response nor.action.., Mr. Heffernan, after being sworn. in, agreed that:he.is in violation, he has been derelict in complying. He further,::stated:that he has been out of.town considerably, and has been unsuccessful in getting someone to cut the fence back for him. He assured the Board that he will have it cut, back to the required,5' within thirty days. Mr. Taylor moved for Finding of Fact and Conclusion ofLaw, that the fence is in violation of Sec. 518 (a). of. the Village Code and that he be assessed a $75.00 Administrative fee, andin.addition, $25.00 per day for. each day he is . not in. compliance, after 30 days. The motion was seconded by Mr. Cutchens, and:carried unanimously by a roll call vote. 6. HEARING, CASE NO.. 84-2276-094 NANCY. RIEMAN, 330 N. E. 104th ST, PEELING PAINT Mr. LuBien outlined thefacts behind the violation, peeling paint and mildew on fascia, and wood trim of house, and garage door. There has been, no action, nor response to the several notices sent. Mr. LuBien stated, there is compliance at .this. tirne. Alexandra V. Rieman, daughter of Nancy Rieman, the owner, was sworn in to speak.for her mother. Miss, Rieman related.to the -Board that her parents are in the process.of divorce, she has been away at school and. is now home and working two jobs and attending.classes:to put herself through Law School. Thishas left no additional time to maintain the housenor finances to have the work done. Miss Rieman..further stated that:herbrother also, lives at the home, but.works seven days a week asa surveyor. For these reasons, compliance was delayed. Mr. Asmus moved. to assess an( Administrative charge of $75.00 And to compliment Miss Rieman for complying., seconded by Mr. 'Taylor. After brief discussion., the motion failed by the .following Vote: Mr. Cutchens Yes Mr. Taylor Yes Mr. Asmus Yes Mrs. Williamson No Mr. Bednar No Mr. Rivero No • • CODE ENFORCEMENT BOARD -4- 9/6/84 A motion was then made by Mr. Rivero, to assess. Administrative fee of $50.00, seconded by Mr. Asmus, and carried by a 5-1 roll call vote, with Mr. Cutchens dissenting. 7. HEARING, CASE NO. 84-2276-095 HANS MUELLER, 174 N. E. 106th ST. VARIOUS VIOLATIONS Mr. LuBien noted the violations., of the Schedule of Regulations 501 (a) and (r), are the construction of wood wall in side yard, parking boat in front yard, placing a "for sale" sign in automobile. He stated, numerous notices have beensent,.the violations.have.been. intermittent since April 18, 1984. As..of this morning Mr..Mueller.is in partial compliance. Photographs were reviewedrby the Board. Mr. Mueller after being sworn in stated, he does mot7 feeiTthe "for sale" sign in the automobile..is a violation. Nevertheless the, car has been sold through. the want ads. He further noted, Mr. LuBien just happened by, the one day his boat was in the front yard, it has since been moved. Regarding the wall, Mr.. Mueller contends, this con- forms as a trellis, he agrees that is in the side set back and is willing to have an Architect draw sealed plans to conform with the. South Florida Building. Code. and situate it with the proper set back. In .reply to Mrs. Williamson's query, Mr. LuBien stated that. realistically, this cannot be approved by the Planning and Zoning Board, as a trellis, as. it is a peculiar and unusual. structure for Miami Shores Village. Mr. Bednar advised Mr. Mueller that he must first seek an opinion or approval. for the wall from the Planning & Zoning Board before it can be considered by Code Enforcement. Mr. LuBien reminded the Board.that they are to review the violations., as cited, .if Mr. Mueller had good intentions,_ his response to ,comply. should have been much earlier. He further informed.Mr. Mueller, the next meeting of the Planning. & Zoning Board is scheduled for 9/13/84. The agenda for this meeting is full. The next meeting will -be on September 23, and if hewishes to be on thatagenda his.req:uest must be in by September 18, 1984. Mr. Cutchens moved for Finding of Fact and Conclus.ion.of Law, Mr. Mueller is in violation of the Schedule of Regulations, and that'an..;Administra- tive fee of $100.00 be charged. In addition.$30.00 per day, if he is not in compliance in 30 days, seconded by Mr. Taylor. Following discussion,Mr. Bednar offered an- amendment, to. the notion, to charge an Administrative.fee of $75.00, and $30.00 per day if he isnot incompliance in 60 .days. Mr. Bednar explained, the additional time would allow Mr. Mueller the opportunity .to assemble his:plans and appear before the Planning & Zoning Board., The amendment ,;was accepted by Mr. Cutchens and Mr. Taylor, then carried unanimously by a roll call vote. • • CODE ENFORCEMENT BOARD -5- 9/6/84 8. HEARING, CASE NO. 84-2253-092 RALPH GAJUS, JR., 375 N. W. 111th ST. VARIOUS VIOLATIONS Mr. LuBien outlined the;following facts behind the violation:. Oversized motor home with utility trailer, junk inoperative automobile, empty boat trai.lelln front yard, a boat in the rear yard (not on trailer), mildew and peeling paint on fascia of house. He further stated, the date of the violations was 4./3/84 and continues with no change in the situation, in.spite of. the numerous notices which were sent to the owner. Members reviewed photographs. Mr. LuBien noted that since the photographs were taken another vehicle. was; added in..the rear yard, and the boat trailer in the front yard.has been removed. He also advised the Board that since Mr. Gajus did not claim the Notice of Hearing mailed to him, he and Mr. Wilson delivered the notice, and. Mr. Wilson was able to obtain a signed .receipt.. Shortly thereafter, word.was received in the office that Mr. Gajus was incarcerated for having:. shot a man in the motor home. Mr. LuBien stated, he will make further attempts to be in touch with Mrs. Gajusi. as. the violations are listed against the property, and have the. problems resolved. Mr. Taylor moved for Finding. of Fact and Conclusion of Law that the violations, as cited in the Schedule of. Regulations, Sec 501 (s). (1), 12-43 and 13-43 continue to exist. That there be an: Administrative fee of $125.00 charged, and if the Gajus's are not.in compliance in 30 days an additional $25.00 per day will be assessed. The motion was seconded by Mr. Bednar. After further discussion the motion carried unanimously by a roll call vote. 9. HEARING, CASE NO. 84-2335-096 CHARLES DE LUCCA, 190 N. E. 97th ST. DEAD TREE REQUESTED CONTINUATION TO OCTOBER MEETING Mr. LuBien advised:memb.ers that Mr. De Lucca requested continuation of hishearing regarding the dead tree in the yard, to the October meeting. He further stated that Mr. DeLucca.had not received the original notices since he does not live on. this property. When he was. made aware of the problem, he had the. dead tree removed within three days. Discussion followed. Mrs. Williamson stated, that if.no.Administrative fee is assessed and he.is incompliance, there is no need. for continuance.. Mr.. Bednar moved to find Mr. DeLucca in compliance with section 12-23 of code and that no Administrative fee be imposed, Mr. Rivero seconded the motion.. Following further discussion the motion carried with a vote of 4-2 with Mr. Cutchens and Mr. Asmus dissenting. Mrs. Williamson advised Mr. LuBien, there is no need to.have the matter on the October agenda; since it is now resolved. CODE ENFORCEMENT BOARD -6- 9/6/84 10. REQUESTED HEARING, CASE NO. 83-1662-061 JACK SWEET • VARIOUS VIOLATIONS Mr. LuBien relayed to the Board that Mr. Sweet came .into the office and requested that the property be inspected to verify that the:yard is now cleaned up and.the house painted. Mr. Sweetexplained to Mr. LuBien that he hadnot complied immediately after the violations were observed (October 1983), because,Mr. Beni Dimaacolo was like a father to him and, upon his death, Mr. Sweet experienced an emotional and traumatic. time. Mr. Sweet initiated the request.for this hearing so that he couldappeal the fine imposed in 1983 .of $10.00 per day for 267 days, for a present total.of $2,670.00. Mr. LuBien could give no explanation why Mr. Sweet is not present at this meeting. Mr. Bednar moved to table the request for the hearing until Mr. LuBien has had the opportunity to be back in touch with Mr. Sweet to determine what his plans,are, seconded by Mr. Asmus. Mrs. Williamson advised members, it is within the rights. of Mr. Sweet to appeal, or try to reach a compromise when there is compliance. He may have an additional explanation.. This does not necessarily.mean the members need look with favor on his explanation or request, but that it may. She requested Mr. LuBien try to contact Mr. Sweet again. The question was called and the motion carried with a 5-1 vote, with Mr. Cutchens dissenting. 11. AFFIDAVIT OF VIOLATION, CASE NO. 84-2380-098 MYERS NOELL, 1205 N. E. 95th ST. FENCE AND TRELLIS VIOLATIONS Members reviewed photographs, as Mr. LuBien read the facts behind the violation as follows: Construction of unlawful fence and trellis was observed on 6/14/84. Notice was.sent. Owner requested and received additional time to comply. Some work was done, but there has been no progress ia recent weeks. The motion to move to the next step, was made by Mr. Bednar,.secomded by Mr. Asmus, and carried unanimously. 12. AFFIDAVIT OF VIOLATION,CASE NO. 84-2381-099 RICHARD F. VOIGT, 1215 N. E. 95th ST. FENCE VIOLATION Photographs were reviewed by members, as Mr. LuBien cited the facts behind the violation. A wood fence in excess'of 5' was observed on 6/14/84. Notice was. sent. Owner responded that the fence existed when hepurchased the house. No action has been taken to comply. A motion::was made by Mr. Rivero.to move to the next step, seconded by Mr. Asmus, and carried unanimously. • CODE ENFORCEMENT BOARD -7- 9/6/84 13. AFFIDAVIT OF VIOLATION, CASE NO. 84-2400-100 MERNA MATHEWS, 150 N. W. 109th ST. • UNSIGHTLY YARD, IMPROPER GARBAGE CANS The facts behind the violation, as cited by Mr. LuBien are an unsightly yard, observed 7/3/84. Also, the garbage cans had no lids., and garbage was on the ground. Notices were sent, but the condition is unchanged. Final notice was returned. unclaimed. This is a recurring problem. Mr. LuBien further stated that Mrs. Mathews has appeared before the Board before. There is intermittent, partial compliance, grass cut, and hedge trimmed a bit, but the area is still unsightly. Mr. Asmus made a motion to move to the next step, seconded by Mr. Taylor, and carried unanimously. 14. AFFIDAVIT OF VIOLATION, CASE NO. 84-2414-101 CORAL GABLES FEDERAL, 285 N. E. 103rd ST. VARIOUS VIOLATIONS Mr. LuBien stated that due to foreclosure proceedings, this property was not maintained. Since May 1983, Coral Gables Federal. has done some work, but many problems remian. Mr. Asmus moved to go to the next .step, seconded. by Mr. Rivero, the motion carried unanimously. Mr. Asmus wants -to be sure that Coral Gables is informed of the hearing and a representative present. • 15. AFFIDAVIT OF VIOLATION, CASE. NO. 84-2416-102 RICHARD J. LOPEZ, 154 N. W. 97th ST. PEELING PAINT • Peeling paint on. garage door and wood trim was observed on 7/9/84. Notices were sent, but there has been no response or,action. Final notice was returned unclaimed. These are the violations as cited by Mr. LuBien, as members reviewed photographs. A motion was made by Mr. Asmus to move tothe next step, seconded by Mr. Taylor, passed unanimously. 16. AFFIDAVIT OF VIOLATION, CASE NO. 84-2433-103 REINE Y. BENSON, 173 N. E. 108 ST. PEELING PAINT Mr. LuBien observed peeling paint on the fascia and wood trim on 7/11/84. Notices were sent,!but there has been no response or action. A motion made by Mr. Bednar to move to the next stepe.was seconded by Mr. Asmus, and carried unanimously. 17. REPORTS FROM PREVIOUS MEETINGS: A. CASE NO. 84-2168-085 DOROTHY M. SMITH, 122 N. E. 105th ST. UNLAWFUL REED SCREEN Mr. LuBien reported that the reed screen has been completely removed and that Mrs. Dorothy Smith is now in compliance. • • • CODE ENFORCEMENT BOARD B. -8- 9/6/84 CASE NO. 84-2148-086 WILLIAM RIDINGER, 142 N. E. 111th St. UNLAWFUL REED SCREEN Mr. LuBien reported that Mrs. Ridinger is in the house alone. The reed screen has not been completely removed but an attempt is being It is 90% in compliance. Mr. Wilson was, advised to_.continue and try to determine just when it will be requested, Mr. LuBien place the matter.on review. made. to monitor the situation, removed. Mrs. Williamson the agenda next month for The meeting adjourned at 9:20 p.m.