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11-01-1984 Regular Meeting• iami Shores91llage F L OR ID A CODE ENFORCEMENT BOARD MEETING NOVEMBER 1, 1984 A regular meeting of the Miami Shores Village Code Enforcement Board was held on November 1, 1984, 7:30 p.m., at the Village Hall, with the following members present: Barry K. Asmus, Chairman Kenneth Cutchens Donald L. Bednar Franklin E. Grau Santos Rivero Arthur H. Taylor Julie A. S. Williamson Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector L. R. Forney, Jr., Village Manager 1. MINUTES Mr. Taylor called attention to an error on pg. 1, paragraph?, Minutes, the word previous, also on pg. 3, paragraph 4, the word should be defaulted. Mr. Taylor then moved to approve, as corrected, the minutes of the meeting of October 4, 1984, seconded by Mr. Bednar, and carried unanimously. Mrs. Williamson arrived at this point. 2. HEARING, CASE NO. 84-2453-107 JOSEPH GALLAGHER, 360 N. W. 112th Terr. PARKING VIOLATIONS Mr. LuBien outlined the facts of the violation of the Schedule of Regulations, section on off-street parking space. He stated that, at the Gallagher residence, at least five vehicles were observed on the front lawn and over the public sidewalk. There has been no response to notices sent. Mr. & Mrs. Gallagher were sworn in. Mr. Gallagher stated that, he was not aware that he had broken any laws of Miami Shores, and further does not understand the violation. Mr. LuBien read from the Schedule of Regulations, section on off-street parking. Mr. Bednar clarified the problem and advised Mr. & Mrs. Gallagher that the Board members wish for compliance before a case reaches the point of hearing. Mrs. Gallagher stated that three drivers live in the house and the two vans are used for business purposes. Discussion followed concerning the violation, and lack of response to the notices which were sent. Mr. Gallagher was advised to discuss his parking problems with Mr. LuBien, for a solution. • • CODE ENFORCEMENT BOARD Mr. Grau arrived. -2- November 1, 1984 Mr. Bednar moved for Finding of Fact and Conclusion of Law, that Mr. Gallagher is in violation of the Schedule of Regula- tion, section on off-street parking, and order that he be assessed an Administrative fee of $100.00, and in addition, $10.00 per day, if the violation is not corrected in thirty days. Motion was seconded by Mr. Rivero, and passed with the following roll call vote; Mr. Cutchens Yes Mr. Taylor Yes Mr. Grau Abstain (Tardy arrival) Mr. Bednar Yes Mrs. Williamson Yes Mr. Rivero Yes 3. HEARING, CASE NO. 84-2570-110 CHARLES C. EAYEK, 9495 N. Miami Ave. GARAGE WAREHOUSE AND WORKSHOP The facts of the violation are, use of the garage as a workshop and warehouse intermittently since June 1983. There have been numerous complaints from area residents, and in spite of several warnings and notices sent the violation continues. Board members reviewed photographs of the violations. After being sworn in Mr. Hayek stated, the original work being performed was for his own houses. He did turn out some cabinet work in early 1983, as a contractor, but has not done commercial work there for the pastfsix months. He stated that he has a warehouse in Opa Locke, and uses this garage as a hobby shop. Mr. Bednar emphasized to Mr. Hayek the volumn of usage in this garage is abnormal, excessive, and beyond the bounds of reason- able and normal use as a hobby shop. Mr. Wilson, Code Enforcement Inspector, reviewed a log, indicat- ing dates and times that Mr. Hayek was observed loading cabinets and materials in his van, as follows: 10/15/84 - 7:30 a.m., 10/18 - 9:00 a.m., 10/26 - 9:30 a.m., and 10/30 - 7:40 a,m.. Much discussion followed. Mr. Taylor moved for Finding of Fact, the garage use as a workshop is unlawful, and Conclusion of Law, that Mr. Hayek is in violation of the Schedule of Regulations of Miami Shores Village Code of Ordinances, and ordered that an Administrative fee of $150.00 be assessed, and in addition, $25.00 per day if the violation is not corrected in thirty days. The motion was seconded by Mr. Bednar. • CODE ENFORCEMENT BOARD -3- November 1, 1984 Mr. LuBien requested that the Board be more specific about the clearance of the garage, noting that there had been problems before where the temptation had not been removed and there has been a recurrence of the problem. Mr. Hayek was then instructed to remove all items which contribute to the condition. It was agreed that Mr. Hayek must remove the shelves, construction equip- ment, tools, table saw, and the radial arm saw. Following further discussion the motion carried .by a unanimous roll call vote. 4. HEARING, CASE NO. 83-2197-1.04 DOMINIC NICOLAU, 1110 N. E. 104th St. VARIOUS VIOLATIONS The facts behind the violation, asoutlined by the Code Enforce- ment Director are: A Building permit for a garage addition was issued on 12/16/82. Since that date, work has been done inter- mittently and infrequently with additional non -permitted construc- tion being added. At various times, the yard has been overgrown and unsightly. Most of the work is not finished or painted. Notices have been sent, but there has been no response or action. Mr. Nicolau continues to do work without a permit, which is neither in compliance with Miami Shores Village Code, or the South Florida Building Code. Mr. Nicolau, after being sworn in, stated the house is owned by Gregory and Robin Marburgh, he lives there with the option to buy; however, at this point, if.he has too many problems with the Village he will not proceed with the purchase of the property. Discussion ensued. Mr. Bednar explained to Mr. Nicolau that as a contractor he should be aware of the requirement to submit plans and obtain a permit for whatever work he is doing there. Following discussion, concerning Mr. Nicolau's intentions to complete the work necessary to be in compliance with all codes, Mr. Taylor moved for Finding of Fact and Conclusion of Law that Mr. Nicolau is in violation of Sec. 5-3, 11-1, and 12-43 of the Miami Shores Village Code of Ordinances, and. that $175.00 Administrative fee be imposed, also that, $20.00 per day be assessed., if the violations:.are not corrected in thirty days, seconded by Mr. Cutchens. After further discussion, and further explanation from Mr. LuBien, of all the problems which exist here, a recommendation from Mr. LuBien for extended time.to comply by.appearing before the Planning and Zoning Board, Mr. Taylor amended the motion to extend the time for compliance to sixty days, after which the $20.00 per day fine would become effective. The question was called after discussion. The roll, call vote on the amendment was unanimous. The roll call vote on the original motion carried with Mr. Bednar dissenting. • • CODE ENFORCEMENT BOARD 4 November 1, 1984 5. HEARING, CASE NO. 84-2451-106 ANGELA MORRISON, 402 N. W. 111th Terr. PARKING VIOLATIONS The violation of the Schedule of Regulations, with regard to automobiles being parked over public sidewalk and on the front lawn and storing inoperable vehicle was observed on July 12, 1984 and continues. Mr. LuBien stated that, he had discussed the options for a solution with Mrs. Morrison, but no corrective measures have been taken. Pauline Baugh, daughter of Mrs. Morrison, and Wally Boota, son- in-law of Mrs. Morrison, who both live in the house, were sworn in. Mr. Boota stated that, Mrs. Morrison is out.of the country and two of the automobiles belong to her. He further noted that he came to the meeting to identify the problem and try to seek a solution to the situation. In discussion,. Mr. Boota replied to Mr.. Asmus query, eight people reside in the house, six of them are children of Mrs. Morrison. Four vehicles belong to persons who live in the house and they were not aware of a restriction to parking in the. swell area. He further stated that he will repair the tire. on Mrs. Morrison's auto and make other arrangements to remedy the parking problem. Mr. Bednar moved for Finding of Fact that, there isinsufficient off-street parking spaces and Conclusion of Law that Mrs. Morrison is in violationof the Schedule of Regulationsand ordered that an Administrative fee of $75.00 be imposed, plus, $10.00 per day, after thirty days if Mrs. Morrison has not complied, seconded by Mr. Taylor, the motion carried with a 5-1 roll call vote, with Mrs. Williamson dissenting. Mr. Asmus advised Mr. Boota the solution to his problem is probab-ly to install a paved driveway, but he must consult with Mr. LuBien, and obtain a permit. 6. HEARING, CASE. N0.84-2328-105 (Continuance requested) M. Cook, 360.N. E. 105th St. A/C NOISE AND REED SCREEN Mr. LuBien presented members with a.copy of theletter received from Mrs. Cook, requesting a continuance, since she planned to be out of town, also her attorney has a problem representing her on this date. Mr. Taylor moved to table this hearing for the next meeting, seconded by Mr. Rivero, and carried by a 5-1 roll call vote, with Mr. Bednar dissenting. • • CODE ENFORCEMENT BOARD -5- November 1, 1984 7. HEARING, CASE NO.84-2464-108 RAUL BARRETO, 72 N. E. 104th St. YARD, HEDGE AND BOAT ON GROUND Sections of the Code being.violated.are, 518 (a), 501 (v), and 11-1. The facts .of violation as cited by Mr. LuBien are, the overgrown and unsightly yard with hedges in excess of height limitation and growing beyond the property line, and boat on the ground in the rear yard. The violation continues to exist. Mr. Barreto has not responded to notices sent, and was not present at this meeting. Mr. Bednar moved for Finding of Fact and Conclusion of Law that Mr. Barreto is in violation and that he be assessed $150.00 Administrative fee, in addition, $10.00 per day after thirty days, if he has not complied by this time, seconded by Mrs. Williamson. Mr. Rivero offered an amendment to assess $30.00 per day after thirty days. The amendment was rejected by Mr. Bednar. A roll call vote was taken, and the motion carried unanimously. 8. HEARING, CASE NO. 84-2468-109 SARAH BLAKER, 149 N. E. 105th St. PEELING PAINT Mr. LuBien stated that the violation on this property has been corrected. He explained, he had received a phone call from Diane Shar, only child of Mr. & Mrs. Blaker. Mr. LuBien suggested Ms. Shar send a letter confirming the telephone conversation. He read the letter from Ms. Shar, who lives in Massachusetts, in which she explained- the unusi'al and extenuating circumstance which caused the delay in compliance. Mr. LuBien noted that Staff recommends the Board waive Administrative cost or further action. Mr. Grau moved to waive Administrative cost, seconded by Mr. Rivero, and carried with a 5-1 vote, with Mr. Cutchens dissenting. No action will be taken. 9. AFFIDAVIT OF VIOLATION, CASE NO. 84-2624-111 (Not on agenda) GEORGE FOUSSIANIS, 65 N. W. 106th St. OVERGROWN AND UNSIGHTLY YARD Members reviewed photographs of the violation, as Mr. LuBien stated the facts. Mrs. Williamson moved to proceed to the next step, seconded by Mr. Rivero, and carried unanimously. • • CODE ENFORCEMENT BOARD -Fi- November 1, 1984 10. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 84-2276-095 HANS MUELLER, 174 N. E. 106th St. VARIOUS VIOLATIONS All the problems relating to the violations have been resolved. Mr. LuBien reported that he has.received plans for the wood screen, and this request, subject to approval, for harmony, is scheduled to be heard by the Planning & Zoning Board, on Thurs., November 8th, however, following approval Mr. Mueller assured the Board that he is ready to proceed with the work immediately. B. CASE NO. 84-2380-098 MYERS NOELL, 1205 N. E. 95th St. FENCE AND TRELLIS VIOLATIONS Some work has been done to correct the violations. Mr. Noell is still not in compliance. C. CASE NO. 84-2381-099 RICHARD F. VOIGT, 1215 N. E. 95th St. FENCE VIOLATION Mr. LuBien reported that the fence violation has been corrected. Mr. Voigt is now in compliance. D. CASE NO. 84-2400-100 MERNA MATHEWS, 150 N. W. 109th St. UNSIGHTLY YARDS, IMPROPER GARBAGE CANS There has been no response from Mrs. Mathews. She is still not in compliance. E. CASE NO. 84-1414-101 CORAL GABLES FEDERAL, 285 N. E. 103rd St. VARIOUS VIOLATIONS Mr. LuBien reported that men have been observed working at this address almost every day. Some of the violations have been corrected, however it is incomplete. F. CASE NO. 84-2416-102 RICHARD J. LOPEZ, 154 N. W. 97th St. PEELING PAINT The paint problem has been resolved. Mr. Lopez is now in compliance. G. CASE NO. 84-2433-103 REINE Y. BENSON, 173 N. W. 108th St. PEELING PAINT There has been no change at this address. • • • CODE ENFORCEMENT BOARD -7- November 1, 1984 REPORTS FROM PREVIOUS MEETINGS - CONT'D H. CASE NO. 83-1662-061 (LIEN WILL BE 1 YEAR OLD ON 11/15/84) JACK SWEET, 1228 N. E. 98th St. VARIOUS VIOLATIONS Mr. LuBien reported that Mr. Sweet called him,: declaring that he wanted to come in and make some kind of arrangements in order to pay the fine. Mr. LuBien suggested that he contact Mr. Forney. Mr. Forney, present at the.meeting,stated that he had not heard from Mr. Sweet. Mr. LuBien advised the Board that the lien will be one year old on November 15, 1984, at which time it will come back to the Code Enforcement Board before being turned over to the Village Attorney. Mr. LuBien will put this on the agenda for the next meeting. The meeting adjourned at 9:30 p.m.. ;)E'cre ��e