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04-04-1985 Regular Meeting• • • JhoresclilIage FLORIDA CODE ENFORCEMENT BOARD MEETING APRIL 4, 1985 A regular meeting of the Miami Shores Village Code Enforcement Board was held on April 4, 1985, 7:30 p.m., at the Village Hall, with the following members present: Barry K. Asmus, Chairman Arthur H. Taylor Donald L. Bednar Kenneth Cutchens Franklin E. Grau Santos Rivero Julie A. S. Williamson Absent: None Also Present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES The minutes of the meeting of March 7, 1985, were approved as written, by a motion made by Mr. Rivero, seconded by Mr. Bednar and carried unanimously. 2. HEARING, CASE NO. 84-2328-105 (Continued from March meeting) M. COOK, 360 N. E. 105th St. A/C NOISE AND REED SCREEN Mr. LuBien noted this issue of air conditioner compressor noise is continued from the March meeting. He read:from the minutes of that meeting, the motion and amendment, Ms. Cook return to the this meeting with. her proposal, on how she intends to correct the noise problem. Further Mr. LuBien stated he has not heard from Ms. Cook, and the only apparent effort to alleviate .:. the problem, was observed today, there are blocks stacked, five courses high (approximately 3 ft). Mr. John Hadsall, Attorney, representing Ms. Cook was sworn in. Mr. LuBien and Mr. Wilson.also were sworn in. Mr. Hadsall stated that, Ms. Cook, in the past thirty days has built a temporary wall 4811 tall, he advised her to build it up by three or more—furikblocks which she agreed to do. This is her proposal, but before the wall is made permanent, he requested Mr. LuBien inspect it to determine if it will comply. He further stated Ms. Cooks' absence because of illness. Also that the blocks were placed as the result of a suggestion by the Board at the last meeting. Mr. Cutchens explained his amendment to be a request for an executed solution to the problem. He insisted on a sketch or written proposed solution. Much discussion continued. CODE ENFORCEMENT BOARD -2- 4/4/85 Mr. Asmus explained to Mr. Hadsall that, there are no warranties, we cannot offer solutions, this Board merely suggested dialogue with the neighbor, a noise or A/C Engineer, moving the unit to the rear of the house, or a wall. Mr. Asmus again outlined the many times this case has been continued since November 1984. Discussion again continued, concerning the proposal for a solution to the problem, and the need for a time limit, with no further experimentation. Mr. Grau moved for Finding of Fact and Conclusion of Law that, this is a violation of Ord. #299, further that, a fine of $50.00 per day be imposed, if the problem is not remedied in thirty days. Further that, there be a fifteen day time limit for Ms. Cook to contact Mr. LuBien to obtain his determination of the viability of their proposal, before a permanent structure is in place. The motion was seconded by Mrs. Williamson. Discussion continued. Mr. Taylor offered an amendment to strike the fifteen -day clause, seconded by Mr. Bednar. Mr. Grau explained his reasoning for the fifteen days, as part of the thirty days to comply. The amendment was withdrawn. Mr. Rivero called the question, and the motion carried by a roll call vote of 6-1,with Mr. Bednar dissenting. Mr. Asmus clarified the final decision for Mr. Hadsall. 3. HEARING, CASE NO 85-2713-119 CHASE FEDERAL SAVINGS & LOAN ASSN. 1240 N. E. 103rd ST. INOPERATIVE VEHICLE The facts behind the violation as outlined by Mr. LuBien are the observation of an inoperative vehicle, notices were sent, and response from. Chase Federal that, they were not responsible for the vehicle, which they do not own. He also noted the vehicle has been removed and recommended form 4A, affidavit of compliance be executed. Mr. Julian Benjamin, representing Chase Federal, after being sworn in, stated the Bank did not take title to the property until 1/22/85, and apologized for any improvident remarks made by employees of the Bank. Mr. Bednar inquired of Mr. LuBien, on what date was Chase Federal first notified of the violation. Mr. LuBien replied that, the first notice was sent to Chase, c/o Lisa Ellington on December 10, 1984. Following discussion, Mr. Bednar moved that there is now compliance, and form 4B be filed, seconded by Mr. Taylor. Further discussion continued, the motion carried by the following roll call vote: Mr. Cutchens Yes Mr. Taylor Yes Mrs. Williamson Yes Mr. Asmus Yes Mr. Bednar No Mr. Grau No Mr. Rivero Yes CODE ENFORCEMENT BOARD -3- 4/4/85 4. HEARING CASE NO. 85-2752-120 MIQUEL & ELSA RODRIGUEZ, 149 N. W. 105th St. PEELING PAINT ON FASCIA After outlining the facts behind the violation, Mr. LuBien noted that the fascia has been painted, the violation no longer exists, and further recommended that form 4A be executed. Mrs. Williamson moved to find the parties mentioneddin compliance, and that form 4A be completed, seconded by Mr. Grau and passed unanimously. 5. HEARING, CASE NO. 85-2357-122 WILLIAM & LILLIANA MC CAUSLAND, 1059 N. E. 104th ST. INCOMPLETE EXTERIOR PAINTING Mr. LuBien outlined the facts behind the violation as, incomplete since June 1, 1984. Notices were sent, extension was requested and granted, painting is still incomplete. Mr. McCausland was sworn in. He explained the original painting contractor skipped town, and he has had a problem securing someone to complete the work. Discussion followed. Mrs. Williamson moved for Finding of Fact and Conclusion of Law, there is a violation of Ord #12-43, and that-if.the violation is not corrected in forty five days, a fine of $50.00 per day be imposed, seconded by Mr. Rivero. Mr. Cutchens offered an amendment that, the violation be corrected in fifteen days, this was rejected. Stating that neighbors deserve some consideration., Mr. Bednar offered an amendment that, thirty days is ample time to complete the painting. Discussion continued, concerning time period. Mrs. Williamson and Mr. Rivero accepted the amendment that, compliance be met by midnight on May 1st. The motion carried with the following roll call vote: Mr. Cutchens Yes Mr. Taylor No Mrs. Williamson Yes Mr. Asmus Yes Mr. Bednar Yes Mr. Grau No Mr. Rivero Yes Mr. Asmus clarified the decision for Mr. McCausland • CODE ENFORCEMENT BOARD -4- 4/4/85 6. HEARING, CASE NO. 85-2757-123 KENNETH C. FABEL, 195 N. W. 110th ST. COMMERCIAL VEHICLE &.INOPERATIVE VEHICLE Mr. LuBien outlined the facts behind the violation, and stated that the commercial vehicle and inoperative vehicle have been removed. He further noted he has been in touch with the attorney for Mr. Fabel. Since compliancehas been acheived, Mr. LuBien recommended sailing form 4A. Mrs. Williamson moved to find Mr. Fabel in compliance, and that form 4A be completed, seconded by Mr. Cutchens, and carried unanimously. 7. REPORTS FROM. PREVIOUS MEETINGS A. CASE NO. 85-2115-115 SJONNIE & KARLEEN PREECE, 80 N. W. 92nd ST. FAILURE TO MAINTAIN SWIMMING POOL Mr. LuBien reported that, the pool has. been drained, cleaned, and in the process of being painted. He stated that technically Mr. Preece is in compliance, and he has until April 8, 1985 to complete his work. B. CASE NO. 85-2709-117 LESS REDDICK,.JR.:& TUPREME RASHEED, 89 N.. W. 106th ST. FAILURE TO MAINTAIN PROPERTY AND OTHER VIOLATIONS with the excep ion of the hedge, All violations have been correctedA as observddby the Code Enforcement Director and Inspector. Mr. LuBien further stated that he does need to speak with Mr. Reddick about trimming the hedge before the April 8 deadline. 8. OTHER BUSINESS Mr. Bednar moved that, the Board consider a recommendation to Council to remove Mr. Cutchens from the Board, for disruptive and argumenta- tive behavior. The motion was seconded by Mr. Rivera. Mr. Cutchens was asked to respond. He stated that under the circum- stance it is not proper. He then defended his actions as to con- sistancy, and attendance, and further that his record will speak for itself. Mr. Cutchens further noted thatlast week he had written a letter of resignation and will tender this letter before he is removed. Mr. Cutchens further stated that,. he will contact his attorney, regarding the filing of a.suit.and further action against Mr. Bednar and the Board. Mr. Asmus noted that he has thought of tendering his resignation as Chairman, considering the meeting this evening. It became out of hand from the beginning, the attorney for Ms. Cook was abusive and disruptive, there has been entirely too much cross discussion, in spite of the fact, he is trying hard to be fair. and allow equal time for all who wish to speak. • • • CODE ENFORCEMENT BOARD -5- 4/4/85 Mr. Grau assured Mr. Asmus that no apologizes are necessary, that he is doing a good job as Chairman, but others make the Boards task difficult. There is no excuse why the Board should not and could not work with decorum and mutual respect. In response to Mrs. Williamson ' query, Mr. Cutchens stated that he will not be walked on, and further will not give his resignation to the Board, but will continue to attend every meeting to watch -dog all the Board's decisions. Discussion continued. Mr. Grau called the.question, and the motion carried with the following roll call vote: Mr. Cutchens No Mr. Taylor Yes Mrs. Williamson No Mr. Bednar Yes Mr. Grau Yes Mr. Rivero Yes Mr. Asmus No 9. Mr. Rivero moved for a workshop session meeting with the Village Attorney and the Village Manager for the purpose of discussing the ruling as set forth by the Attorney General. with regard to Administrative costs and fines assessed.violators. The motion was seconded by Mrs. Williamson. Following discussion, Members concurred that. the workshop is badly needed. The date for the discussion is set for the next regular meeting of the Code Enforcement Board, May 2. The motion passed by a unanimous vote. Mr. LuBien was instructed to set up the Workshop, and obtaining before hand, the cost of a Hearing, a survey from other Municipalities concerning their handling of violations, what can be done in cases of recurring violation. Mr. Cutchens wished to continue to discuss his situation, but was out of order. The meeting adjourned at 9:30 p.m.. cre ry