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12-06-1984 Regular MeetingMiami Azores9111age L O R 1 D A CODE ENFORCEMENT BOARD MEETING DECEMBER 6, 1984 A regular meeting of the Miami Shores Village Code Enforcement Board was held on December 6, 1984, 7:30 p.m., at the Village Hall, with the following members present: Santos Rivero, Acting Chairman Kenneth Cutchens Donald L. Bednar Franklin E. Grau Absent: Barry K. Asmus 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 Meeting was called to order by Santos Rivero. 1. MINUTES Mr. Bednar moved to approve the minutes of the meeting of November 1, 1984, as written, seconded by Mr. Grau, and carried unanimously. 2. HEARING, FALSE ALARM APPEAL HOWARD R. ALBERT, 10626 N. E. llth AVE. Mr. Albert appeared to appeal the false alarm charge on his own behalf. After being sworn in Mr. Albert stated that he does not feel that it was a false alarm. There was, in fact, a fire and smoke. Cableguard was summoned and the call subsequently cancelled as everything was brought under control. The Miami Shores Police were also informed that all was under control, however, they were en route and came in response to a neighbor's call. Sgt. Richard Asker of the Miami Shores Police. Department, stated that according to records available. on Octob.er 14, 1984, at approxi- mately 12:52 p.m. there was an audible alarm response. In response to Mr. Rivero's query, Mr. Albert stated that the alarm was activated in error shortly after it was first installed and they were not fully aware of its proper operation. Mr.,.Bednar explained to Mr. Albert that the purpose behind the false alarm provision is to avoid needless visits to a residence. That visit must -be charged to the individual to avoid excessive and un- necessary police activity. In this particular case assistance was available but not used. Discussion followed. • CODE ENFORCEMENT BOARD -2- December 6, 1984 Mr. Bednar moved to request Mr. Forney, Village Manager to have the records expunged for this incident, based on the fact that there was some cause for the police visit even though it seemed incidental. Motion was seconded by Mr. Grau, and carried by a unanimous roll call vote. 3. HEARING, CASE NO. 84-2328-105 (Continued from November Meeting) M. COOK, 360 N. E. 105th St. A/C NOISE AND REED SCREEN Mr. LuBien noted this case was continued from the meeting of November 1, upon request. The facts as stated by Mr. LuBien are, a neighbor's complaint that an Air conditioning compressor located on the side of the house, causing a noise nuisance, and a reed screen attached to a chain link fence to baffle the noise. The neighbor said the nois4evel has been reduced considerably, however, she did not state that she is entirely satisfied w. . Mr. John Hadsall, Attorney, appeared to represent Ms. Cook. He stated that upon complaint from a neighbor concerning the noise, a reed screen was installed, hopefully to baffle the sound, not aware that reed screening is also in violation of the code. Upon receiving notice this was removed, and an enclosure is being built over the unit. Mr. Hadsall further noted that it has never been in Ms. Cook's mind to be in violation of the Miami Shores Village Code. She has had an Air Conditioning Contractor work on the unit, so asto determine if there is a problem and what can be done. A receipt for the work was presented. Ms. Cook was sworn in to make a statement on her own behalf. She stated that it appears the neighbor will not be satisfied what- ever steps she takes to remedy the alleged problem. She is now building a cover over the compressor as a.buffer, and will if necessary,have a professional make.a noise level check. The members concurred the ultimate determination as to compliance with the ordinance must rest with the evaluation of the Code Enforce- ment Officer. Much discussion continued. Mr. Grau moved to table the hearing for the next meeting to give the inspector additional time to re-examine the situation, seconded by Mr. Cutchens, and carried with the following roll call vote, after additional discussion. Kenneth Cutchens Yes Santos Rivero Yes Donald L. Bednar No Franklin E. Grau Yes 4. HEARING, CASE NO. 84-2624-111 GEORGE FOUSSIANIS, 65 N. W. 106th ST. UNSIGHTLY YARD Mr. LuBien stated that in October of 1982 a notice was sent to the owner for an overgrown and unsightly yard. Violation and compliance have been intermittent to the present. The latest notice dated CODE ENFORCEMENT BOARD -3- December 6, 1984 October 17, 1984 has had no response. But upon inspection this A.M. the yard was cleaned up. Mr. Foussianis was not present. Much discussion took place concerning assessing Administrative fees for continuing violators who comply at the 12th hour. Mr. Rivero requested Mr. Forney to obtain an interpretation from Mr. Fenn, the Village Attorney. Mr. Bednar moved to table the case. This failed for lack of a second. Mr. Cutchens moved to assess an Administrative Fee of $100.00, seconded by Mr. Grau, and carried with the.following vote. Mr. Cutchens Yes Mr. Rivero Yes Mr. Bednar No Mr. Grau Yes. 5. AFFIDAVIT OF VIOLATION, CASE NO. 84-2595-112 DINORAH & EDWARD GONCZAROW, 290 N. E. 92nd ST. INOPERATIVE VEHICLE Mr. LuBien stated, an inoperable vehicle was observed on the parkway. Notices were sent, but there has been no response or action. He displayed photographs of the violation. Mr. Grau made a motion to move to the next step, seconded by Mr. Bednar, and carried unanimously. 6. AFFIDAVIT OF _.VIOLATION, CASE NO. 84-2521-113 ENSIGN BANK, 725 N. E. 96th ST. MILDEW ON BUILDING, UNLAWFUL CARPORT Facts behind the violation, as outlined by Mr. LuBien were, excessive mildew and unlawful structure. Notices were sent and response came from New York requesting additional time, but over.two months have passed without action. Members reviewed photographs. Mr. Grau moved to go to the next step, seconded by Mr. Bednar, and carried unanimously. 7. AFFIDAVIT OF VIOLATION, CASE NO. 84-2543-114 R. D. SHOUCAIR JEAN W. & ROBERT C. HANNA, 897 N. E. 91st TERR. UNSIGHTLY YARD Mr. LuBien advised members that an overgrown and unsightly yard was first observed in April 1980. The same condition has occurred intermittently since that time. CODE ENFORCEMENT BOARD -4- December 6, 1984 Mr. LuBien further stated that at the present time the building is unoccupied. Numerous notices have been sent to the several different addresses available and every effort has been made to determine the rightful owner of the property. Members reviewed photographs of the violation. Following discussion., Mr. Grau moved to proceed to the next step, seconded by Mr. Cutchens, and carried unanimously. 8. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 84-2276-095 HANS MUELLER, 174 N. E. 106th ST. VARIOUS VIOLATIONS Unfortunately, Mr. Mueller's conversation does not belie his actions. Mr. LuBien stated that Mr. Mueller had,been given sixty days to correct the problem, and to allow time for him to have his plans approved by the Planning & Zoning Board. He did receive approval from the Board. He later wrote a letter stating that he would be making some changes in the plans, nothing has been done on the property. Mr. Mueller remains - not in compliance. Mr. Grau suggested that the recordsof the violation, and the Order at the time of the Hearing be recorded and pursued, in order to protect a future buyer, since Mr. LuBien stated that there is a 'For Sale' sign on the property. B. CASE NO. 84-2197-104 DOMINIC NICOLAU, 1110 N. E. 104th St. VARIOUS VIOLATIONS Mr. LuBien noted that the Board, at the time of hearing, granted Mr. Nicolau sixty days to comply. Mr. LuBien further noted that;:he had met with Mr. Nicolau and with Mr. Marburgh in an effort to re- solve the problems. There are still thirty days to meet the com- pliance deadline. C. CASE NO. 84-2451-106 ANGELA MORRISON, 402 N. W. 111th ST. PARKING VIOLATIONS Pauline Baugh, Mrs. Morrison's daughter has been in to see Mr. LuBien, and seek his advise on how best to resolve the situation. The car had been moved from the driveway to the front parkway. Upon inspection this morning the car remains inoperable. There has been no further response. Mr. LuBien will pursue the case. D. CASE NO. 84-2453-107 JOSEPH GALLAGHER, 360 N. W. 112th TERR. PARKING VIOLATIONS Mr. LuBien reported that this condition has gone. from bad to worse. Upon inspection this morning, the Volkswagon was in the side yard, • • CODE ENFORCEMENT BOARD -5- December 6, 1984 a Ford parked in the back yard. Mr. LuBien will pursue the order of the Board, as directed at the November 1 hearing. E. CASE NO. 84-2464-108 RAUL BARRETO, 72 N. E. 104th St. YARD, HEDGE, AND. BOAT ON GROUND There has been no change in this case, Mr. LuB.ien reported that he will follow with standard procedure. He also reported that Mr, Barreto has not paid the Administrative fee from the previous case, number 84-2288-088. F. CASE NO. 84-2570-110 CHARLES C. HAYEK, 9495 N. MIAMI AVE. GARAGE WORKSHOP AND WAREHOUSE Mr. Luien reported that there has been a tremendous cut back in activity. Mr. Hayek came into the Village Hall the day following the Hearing, and paid the Administrative Fee imposed by the Board, plus $25.00 to help defray the cost of replacing the broken glass. G. CASE NO. 83-1662-061 (LIEN WAS 1 YEAR OLD ON NOV. 15, 1984) JACK SWEET, 1228 N. E. 98th ST. VARIOUS VIOLATIONS Mr. LuBien reported that he had a telephone conversation with Mr. Sweet from New Orleans. Mr. Sweet again requested that he re- ceive special consideration concerning this lien. Mr. LuBien then advised him that he must speak with Mr. Forney, Village Manager. There has been no further contact nor response. 9. SECURITY ALARM Mr. Forney reported that, hopefully by the time the next meeting is held the security button will have been installed. 10. LETTER TO COUNCIL Mr. Grau made a motion that the Code Enforcement Board send a letter encouraging Council to proceed with the application to seek Main - street designation as set forth in the Downtown Revitalization Plan of Miami Shores, motionwas seconded by Mr. Bednar. Mr. Cutchens opposed the idea, stating that he feels action should be taken on an individualbasis, not as a Board. Mr. Grau noted, all Village Boards have been requested to support Council in this endeavor. If selected for the program the Village could receive $10,000.00. in funds, which.would make it possible to hire outside professional help to improve the N. E. 2nd Ave. area. Following further discussion the motion carried by a 3-1 vote, with Mr. Cutchens dissenting. • • • CODE ENFORCEMENT BOARD 11. REGULAR JANUARY MEETING -6- December 6, 1984 Mr. Bednar moved to cancel the regular meeting of the Code Enforcement Board for January, since the meeting date falls on January 3, and the Code Enforcement Director will be on vacation, the motion was seconded by Mr. Grau, and carried with a 3-1 vote, with Mr. Cutchens dissenting. The next regular meeting of the Code Enforcement Board will be held on February 7, 1985. 12. Mr. Bednar suggested that all roll call votes be audible so that they can be clearly identified on the tape. The meeting adjourned at 8:45. 01.