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10-04-1984 Regular Meeting• Miami cfhores9illage F L OR ID A CODE ENFORCEMENT BOARD MEETING OCTOBER 4, 1984 A regular meeting of the Miami Shores Village Code Enforcement Board was held on October 4, 1984, 7:30 p.m., at the Village Hall, with the following members present: Barry K. Asmus Kenneth Cutchens Santos Rivero Franklin E. Grau Arthur H. Taylor Absent; Julie A. S. Williamson, Chairman Donald L.'Bednar Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector In the absence of Julie Williamson, Chairman, Mr. Asmus was requested to Chair the meeting. 1. MINUTES Mr. Rivero moved to approve, as written, the minutes of the meeting of September 6, 1984, seconded by Mr. Taylor, and carried unanimously. Mr. Grau abstained, having been absent from the previous meeting. 2. HEARING, CASE NO. 84-2380-098 MYERS NOELL, 1205 N. E. 95th ST. FENCE AND TRELLIS VIOLATIONS Members reviewed photographs as Mr. LuBien outlined the facts behind the violation, as the construction of an unlawful fence and trellis. He stated that Mr. Noell requested and was granted additional time to comply. Some work has been done, but progress ceased in recent weeks. Mr. Noell was sworn in. He then stated that he appreciated additional time, he has removed the fence from the front, but has not done further work because he does not agree with the ruling that the fence height is in viola- tion. Mr. Noell feels there are no guidelines at which point the fence is measured from, thereby making it difficult to interpret. Mr. LuBien explained that measuremnet is made from the point of initial (natural) grade, and this has been the position the Board has agreed with. Following much discussion, Mr. Rivero moved for Finding of Fact that the fence and trellis ere unlawful, and Conclusion of Law, that Mr. Noell is in violation of Sec. 518 (a) (b) & 5-3 of the Miami Shores Village Code, and ordered that a $100.00 Administrative fee be imposed, and in addition, $25.00 per day, if not corrected in 30 days. The motion was seconded by Mr. Cutchens. The Question was called after further discussion, and the motion carried by a unanimous roll call vote. • • CODE ENFORCEMENT BOARD liami cShores9111.age F L OR ID A -2- 10/4/84 3. HEARING, CASE NO. 84-2381-099 RICHARD F. VOIGT, 1215 N. E. 95th ST. FENCE VIOLATION Mr. LuBien noted that this wood fence is in excess of the 5' height limit. In response to notice sent, the owner stated the fence existed when he purchased the house. No -action has been taken to comply. Mr. Voigt appeared on his own behalf, and was sworn in. he stated, the house was in deplorable condition wher*he purchased it about 1i years ago. He has spent about .$10,000. making it livable. Mr. Voigt further noted the fence violation was inherited, as the problem existed when he purchased the house. Mr. Voigt feels he has become the victim of unfortunate cir- cumstance. Also he had not complied earlier because he did not realize this hearing was so final. Much discussion ensued. Mr. Taylor moved for Finding of Fact and Conslusion of Law that the fence height is in violation of Sec. 518 (a), that an Administrative Fee of $50.00 be imposed, and further if Mr. Voigt is not in compliance in 30 days there will be an assessment of $25.00 per day. Notion was seconded by Mr. Grau and carried unanimously, by a roll call vote. 4. HEARING, CASE NO. 84-2414-101 CORAL GABLES FEDERAL, 285 N. E. 103rd ST. VARIOUS VIOLATIONS Mr. LuBien reviewed facts behind the violation, (Sec. 11-1, 12-43, 518 (b)) as Members reviewed photographs taken by Mr. LuBien, Code Enforcement Officer. er Mr. Rogi Austin, Attorney representing Coral Gables Federal, was sworn in. Mr. Austin stated that this property went into foreclosure. Coral Gables as the Lien holder took title to the property in June 1984. The violations, he stated,existed before this time. He further noted that Coral Gables Federal has lost considerable amount of money on this whole transaction and doesn't wish to invest a great deal more in additional repairs. Members pointed out to Mr. Austin that this property is on a main thorough- fare of Miami Shores Village and the Bank, as owner of the property, has a responsibility to the people of this community to maintain the property in a pleasing manner. Mr. Austin stated that. the Bank is taking estimates to have the necessary work done little by little, rather than go off in many directions, in the meantime hoping the property will be sold. • CODE ENFORCEMENT BOARD -3- 10-4-84 Following much more discussion, Mr. Grau moved for Finding of Fact and Conclusion of Law that Coral Gables Federal is in violation of the Code, Sec. 11-1, 12-43, 518 (b), that a $500.00 Administrative fee be assessed, in addition $250.00 per day, if not in compliance in thirty days, the motion was seconded by Mr. Rivero, and carried unanimously by a roll call vote. Mr. Asmus suggested to Mr. Austin that a representative of the Bank or a Project Manager, go out to the property with Mr. LuBien to evaluate the violations to be corrected. 5. HEAR, CASE NO. 84-2433-103 REINE Y. BENSON, 173 N. W. 108th St. PEELING PAINT Mr. LuBien stated that the violation here is peeling paint on the fascia and wood trim. Photographs were reviewed by the Board. Mrs. Mary Lou Gaiti, as a friend and Real Estate agent, attended to represent Mrs. Benson, who is in London, England. In reply to query, Mrs. Gaiti stated, she does not have power-of-attorney for Mrs. Benson, nor is she. paid. Mrs. Gaiti, after being sworn in stated that as Mrs. Benson's friend, she had listed the house �'cfor sale'. She further noted the house was rented, with the option to buy; the tenant has defaulted on the sale. She has sent notices to Mrs. Benson, and attempted to call her in England, to no avail. She felt Mrs. Benson is not aware of. the situation. Following further discussion, Mr. Taylor moved for Finding of Fact and Conclusion of Law, the violation of Sec. 12-43 continues to exist, and that an Administrative fee of $250.00 be imposed, in addition $100.00 per day if the violation is not corrected: in thirty days, seconded by Mr.. Cutchens, and carried by a unanimous roll. call vote. 6. HEARING, CASE NO. 83-83-1662-061 JACK SWEET, 1228 N. E. 98th ST. VARIOUS VIOLATIONS Mr. LuBien advised the Board that the violations in this case have all been corrected, Mr. Sweet had requested this hearing in hopes. of negotiating a reduction in accumulated fine of $2.,670.00, imposed at a previous hearing. Mr. Sweet was sworn in to speak on his own behalf. Mr. Sweet stated the violations existed prior to his inheriting the house and took time to correct because of the very sad and unfortunate time of bereavement. he. had experienced. He further stated that he wished to mitigate a solution to the accumulated fine. Following some discussion, Mr. Cutchens moved to let stand the previous decision and accumulated fine. He stated he does not feel the circumstance justify review of this case, nor cancellation of the fine. The motion was seconded by Mr. Taylor, and carried with the following vote. Mr. Cutchens Yes Mr. Taylor Yes Mr. Grau No Mr. Rivero No Mr. Asmus Yes • CODE ENFORCEMENT BOARD -4- 10-4-84 Mr. Asmus advised Mr. Sweet, because of this issue's time frame, he should write a letter to Mr. Forney, Village. Manager, with a copy to Mr. LuBien, and a follow up phone call to make arrangements for payment of the fine, before it becomes a lien against the property. 7. HEARING, CASE NO. 84-2400-100 MERNA MATHEWS, 150 N. W. 109th ST. UNSIGHTLY YARDS, IMPROPER GARBAGE CANS Mr. LuBien stated that technically the yard is in compliance with Sec.11-1 of the Code. Sec 10-2, dealing with garbage cans with no lids, remains in violation. The condition remains unchanged, despite notices sent. Mrs. Mathews was not present In response to question from Mr. Rivero, Mr. LuBien.noted that a Notice of Hearing was sent to Mrs. Mathews, it was returned unclaimed, and there has been no response. Mr. Rivero moved for Finding of Fact and Conclusion of Law, Mrs. Mathews is in violation of Sec, 10-2, that an Administrative fee of $100.00 be assessed, in addition $30.00 per day after 30 days, if not corrected in that time, seconded by Mr. Taylor, and carried unanimously. 8. HEARING CASE NO. 84-2416-102 • RICHARD J. LOPEZ, 154 N. W. 97th ST. PEELING PAINT • Mr. LuBien stated that the required repairs have been completed. Mr. Lopez is in compliance of Sec. 12-43. A notice of Hearing was sent, but there has been no response from/lr. Lopez. Mr. Rivero moved that Mr. Lopez is no longer in violation, that Form 4A be executed and that an Administrative fee of $125.00 be assessed, seconded by Mr. Taylor, and carried by a unanimous roll call vote. 9. AFFIDAVIT OF VIOLATION, CASE NO. 84-2197-104 DOMINIC NICOLAU, 1110 N. E. 104th ST. VARIOUS VIOLATIONS Mr. LuBien outlined the facts behind the violation of Sec. 5-3, 11-1, and 12-43. A building permit for a garage addition was issued on. 12/16/82. Since that date work has been intermittent and infrequent with, additional non -permitted construction being added. At various times, theyard has been overgrown and unsightly. Most of the work is not finished. or painted. Mr. LuBien further noted that he had talked with Mrs. Nicolau, at the site, she advised him that they are having severe financial problems. Mr. LuBien showed photographs he had taken of the many violations. Mr. Rivero moved to go to the next step, seconded by Mr. Grau and passed unanimously. CODE ENFORCEMENT BOARD -5- 10-4-84 • 10. AFFIDAVIT OF VIOLATION, CASE NO. 84-2328-105 M. COOK, 360 N. E. 105th ST. A/C NOISE AND REED SCREEN Mr. LuBien noted that upon a complaint, inspection revealed an air condi- tioning compressor was observedj.n a location at the side of the house, causing a noise nuisance. Two weeks later an unlawful reed screen was observed, attached to the existing chain link fence. Notices were sent, but there has been no response, nor action. Mr. Taylor made a motion to move to the next step, seconded by Mr. Rivero, and carried unanimously. 11. AFFIDAVIT OF VIOLATION, CASE NO. 84-2451-106 ANGELA MORRISON, 402 N. W. 111th Terr. PARKING VIOLATIONS Mr. LuBien stated that Mrs. Morrison is in violation of the Schedule of Regulations, directing that, automobile should not be parked over the side- walk or on the front }?ard. He further noted that this condition has been observed intermittently for a year or more. Notices have been sent, and he did have a telephone conversation with Mrs. Morrison, who stated that she has three sons, and they allhave cars,.no action has been taken to remedy the situation. Mr. LuBien advised the Board that more recently an inoperable vehicle parked in front was cited, with no response. Memebers of the Board reviewed photographs of. the violation. Mr. Taylor moved to go to the next step, seconded by Mr. Cutchens, and carried unanimously. 12. AFFIDAVIT OF VIOLATION, CASE NO. 84-2453-107 JOSEPH GALLAGHER, 360 N. W. 112th Terr. PARKING VIOLATIONS Members review.photographs of vehicles parked on the front lawn and over the public sidewalk, as Mr. LuBien outlined facts behind the violation. Mr. Taylor moved to go to the next step, seconded by Mr. Rivero, and passed unanimously. 13. AFFIDAVIT OF VIOLATION, CASE NO. 84-2464-108 RAUL BARRETO, 72 N. E. 104th ST. YARD, HEDGE AND BOAT ON GROUND Members reviewed photographs of the violations, taken by Mr. LuBien as he outlined facts behind the violations.. Mr. LuBien also stated that Mr. Barreto had been before the Boardbefore, in abstentia.:. Mr. Rivero made a motion to move to the next step, seconded by Mr. Taylor, and carried unanimously. 14. AFFIDAVIT OF VIOLATION, CASE NO. 84-2468-109 SARAH BLAKER, 149 N. E. 105th ST. PEELING PAINT • CODE ENFORCEMENT BOARD -6- 10-4-84 Mr. LuBien outlined the facts behind the violation, aspeeling paint on awnings and garage door, and mildew on walls and flower bins. The members reviewed photographs of the violations. Mr. Taylor moved to go to the next step, seconded by Mr. Rivero, and carried unanimously. 15. AFFIDAVIT OF VIOLATION, CASE NO. 84-2570-110 CHARLES C. HAYEK, 9495 N. MIAMI AVE. GARAGE. WAREHOUSE AND WORKSHOP Mr. LuBien called the Boards attention to the section of. the Code being violated, Schedule of Regulations, and the date, intermittently over a period of a year. Many notices have been sent, and Mr. LuBien advised Mr. Hayek verbally against using thegarage as a workshop and warehouse. He further noted that he has received numerous complaints., and again given verbal warnings. The written response from Mr. Hayek, included in the information packet, indicates. that Mr. Hayek does not intend to comply. Many photographs, taken by Mr. LuBien atvarious times were reviewed. Mr. Grau moved to go to the next step, seconded by Nr. Rivero, and carried unanimously. 16. REPORTS FROM PREVIOUS MEETINGS: A. CASE NO. 84-2148-086 WILLIAM RIDINGER, 142 N. E. 111th ST. UNLAWFUL REED SCREEN Mr. LuBien advised the Members that he.fears a problem Pxists in this case, the partial violation continues, in .spite of initial attempts to comply. He noted that upon inspection he left a card on the door, but has had no response. Mr. LuBien requested addi- tional time to contact Mrs. Redinger for discussion to determine the reason for the delay to.comply, she may need help to comply. Following discussion, Mr. Grau moved .that Mr. LuBien, as Code Enforcement Officer, advise Mrs. Ridinger that assistance is available through the Mayor's Task Force, should she need to avail herself of it. Motion was seconded by Mr. Cutchens, and the vote was unanimous. B. CASE NO. 84-2135-089 UNION OIL, 8700 BISCAYNE BLVD UNSIGHTLY, WITH PEELING PAINT, CONCRETE LOUVER FENCE Mr. LuBien stated that Union Oil is now in compliance and that he was advised that a check covering the Administrative fee would be issued from their headquarters office. C. CASE NO. 84-2211-090 OREN MORTON, 189 N. W. 92nd ST. VARIOUS VIOLATIONS • CODE ENFORCEMENT BOARD -7- 10-4-84 Mr. LuBien stated that Mr. Morton has not. complied, in spite of the fact that he advised the Board that -he will have his lawn mower repaired and remedy the situation. Mr. LuBien noted that when the thirty days due date arrives, he will file Affidavit of Non-compli- ance, a lien against the property. D. CASE NO. 84-2231-091 ALEJANDRO DE CASTRO, 42 N. E. 103rd ST. PEELING PAINT, UNSIGHTLY YARD Mr. LuBien reported that Mr. De Castro is now in compliance and has paid the Administrative fee imposed. E. CASE NO. 84-2253-092 RALPH GAJUS, JR.., 375 N. W. 111th ST. VARIOUS VIOLATIONS Mr. LuBien reported that Mr. Gajus has not complied and that when the due dated for compliance arrived, he will file an Affidavit of Non-compliance, and a lien against the property. F. CASE NO. 84-2262-093 WILLIAM J. HEFFERNAN, 161 N. E. 106th ST. FENCE HEIGHT VIOLATION • Nr. LuBien reported that Mr. Heffernan is now in compliance, but no payment for the Administrative fee has been received. G. CASE NO. 84-2267-094 NANCY RIEMAN, 330 N. E. 104th ST. PEELING PAINT Mr. LuBien reported that Mrs. Rieman had complied at the time of Hearing and has also been in to pay the assessed Administrative fee. NOMINATION FOR CHAIRMAN AND VICE CHAIRMAN FOR 1984-1985, CODE ENFORCEMENT BOARD. Mr. Cutchens nominated N±.. Barry K. Asmus, Chairman for 1984-'85. He then moved that nominations be closed, seconded by Mr. Taylor and. Mr. Asmus was then elected the new Chairman by a unanimous vote. Mr. Grau nominated Mr. Santos Rivero, as Vice Chairman. He then moved that the nominations be closed, seconded by Mr. Taylor. Mr. Rivero was elected as the new Vice Chairman by a unanimous vote. The meeting adjourned at 9:45. e4410 crtre `�� Q4 App r