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05-02-1985 Regular Meeting• • • Miami jhoreS ilage FLORIDA CODE ENFORCEMENT BOARD MEETING MAY 2, 1985 A regular meeting of the Miami Shores Village Code Enforcement Board was held on May 2, 1985, 7:30 p.m., at the Village Hall, with the . following members present: Barry K. Asmus, Chairman Arthur H. Taylor Donald L. Bednar Franklin E. Grau Santos Rivero Julie A. S. Williamson Absent: None Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector William F. Fann, Jr., Village Attorney 1. MINUTES The minutes of the meeting of April 4, 1985, were approved as written, by a motion made by Mr. Taylor, seconded by Mr. Bednar, and carried unanimously. 2. APPEAL - CASE NO. 85-2637-118 CARLOS & LEONOR RONDON, 67 N. W. 109th ST. UNPAINTED FASCIA REPAIRS Mr. LuBien read a letter which he received from Mr. & Mrs. Rondon, requesting a continuance, due to family problems that required they be in New York at this time. Mr. Taylor moved to grant continuance to the next meeting, seconded by Mr. Bednar, and carried unanimously. 3. APPEAL - CASE NO. 84-1519-076 JAMES J. PHIPPS, 278 N. E. 101st ST. EXTERIOR HOUSE DETERIORATION APPELLANT - JOHN F. COSGROVE ON BEHALF OF LLOYD & MARIE CABALLERO Mr. LuBien included in Members packets for review, letter from Mr. Cosgrove dated April 16, 1985, letter from Mr. & Mrs. Caballero, prospective buyers, Code Enforcement Board Order.. of May 16, 1984, and Code Enforcement Board Notice of Lien of April 18, 1985. Mr. LuBien noted the fine of $50.00 per day, as of April 18, 1985, had reached $15,300., and running. Administrative fee has not been paid. Mr. John Cosgrove, Mr. Phipps, Mr. & Mrs. Caballero were sworn in to testify in this case. Mr. LuBien and Mr. Wilson were also sworn in for any testimony they might give during the evening. • 1 CODE ENFORCEMENT BOARD -2- May 2, 1985 Mr. Cosgrove stated, that he does not represent Mr. & Mrs. Caballero as purchasers or potential purchasers, he is representative for Mr. Phipps. He further noted that Mr. Phipps is not the owner of the property, but personal representative of the Larkin Estate. There is a Contract for Sale of the property from the Larkin Estate to Mr. & Mrs. Caballero, who do not want to proceed with the purchase with a lien of $15,300. Further that. Mr. & Mrs. Caballero do realize the work must be done in order to obtain the mortgage. Mr. Cosgrove proposed, the Board approve conditional release of lien, contingent that the necessary repairs be made within sixty days, further that the Caballeros will follow Miami Shores Village procedure for compliance. In reply to query from Mr. Taylor, Mr. Cosgrove stated, the probate court has approved the sale of the property. A great deal of discussion followed questions raised by Mr. Bednar, concerning profit on the sale, establishing precedence in subordi- nating lien. Other discussion ensued concerning time period for compliance, appraisal on the house, Miami Shores. Village position on the lien, cost of settlement, etc. Also release and reestab- lishment of lien. Mrs. Betty Leach, Miami Shores Realty, after being sworn in, noted she has not listed the property, but has a buyer and considering the lien is anxious to move quickly to close. Mr. Phipps in reply to query, noted there are no assets in the estate, only the house. Further that he has no capital of his own and will pay as little as possible to settle this matter. Mrs. Caballero presented for Members review a commitment from the Bank, that money on the loan will be held in escrow until such time that the repairs are completed. Mr. Rivero, agreeing that everyone is trying to settle this case, moved that, the lien be dropped to $1,500.00 plus the $150.00 Administrative fee, and satisfy thisaien before any further trans- actions, seconded by Mr. Bednar. Mr. Bednar agreed $1,650.00 should satisfy this lien, clearly settle this case, and that Mr. & Mrs. Caballero accept contract for sale and accept responsibility for bringing the property in : ompliance, is t� the best interest of the Village and all concerned. Mr. Phipps again advised Members he has no finances, and would be unable to pay such a debt. Mr. Cosgrove also stated, that there would not be $1,650.00 left to pay this fine. He again requested subordination of the lien. Discussion continued regarding reduction of the amount of lien. • • CODE ENFORCEMENT BOARD -3- 5/2/85 There was no action on the motion made by Mr. Rivero. Following is the roll call vote: Mr. Taylor No Mrs. Williamson No Mr. Bednar Yes Mr. Grau Yes Mr. Rivero Yes Mr. Asmus No. Following further discussion, Mr. Taylor moved to. reduce the lien to $500.00, and assess a fine of $50.00 per day if not in compliance after sixty days from today, seconded by Mrs. Williamson. An amend- ment to the motion was offered by Mrs. Williamson that.,: the agree- ment in reduction would only be effective simultaneously with the actual closing on the mortgage, all funds available for the whole envisioned deal to be completed. The amendment was accepted by Nr. Taylor, but failed with the follow - roll call vote: Mr. Taylor Yes Mrs. Williamson Yes Mr. Bednar No Mr. Grau No Mr. Rivero No Mr. Asmus No Discussion continued concerning the dollar value for the lien reduction. Mr. Fann advised Members a subornated lien cannot be re- instated. Mr. Grau moved to reduce the lien to $1,150.00, contingent on repairs and closing being completed in sixty days, and original lien rein- stated if compliance not met, seconded by Mr. Bednar. The motion failed with the following vote: Mr. Taylor No Mrs. Williamson No Mr. Bednar Yes Mr. Grau Yes Mr. Rivero No Mr. Asmus Yes. Mrs. Lasch advised, the closing and repairs could be completed in two weeks. Mrs. Williamson moved to reduct the lien to $900.00, contingent on compliance in sixty days, and closing effectual in sixty days, if not the fine reverts to $50.00 per day. The motion was seconded by Mr. Taylor, and carried with the following roll call vote: Mr. Taylor Yes Mrs. Williamson Yes Mr. Bednar Yes Mr. Grau Yes Mr. Rivero No Mr. Asmus No • • CODE ENFORCEMENT BOARD 4. -4- May 2, 1985 Mr. Asmus advised all concerned parties that, the buyer, the seller, the real estate broker, between them, should produce the $900.00 to effectuate the sale. Mr. Fann replied to Mr. Cosgrove that, he will prepare the appropriate letter concerning the Boards action. AFFIDAVIT OF VIOLATION - CASE N.O. 85-2728-124 SHOREVIEW ASSOCIATED, 9999 N. E. 2nd AVE. UNSIGHTLY & OVERGROWN PARKING LOT Mr. LuBien outlined the facts behind the violation and Members re- viewed photographs. Mrs. Williamson moved to go to the next step, seconded by Mr. Taylor, and carried unanimously 5. AFFIDAVIT OF VIOLATION - CASE NO. 85-2761-125 DRi JAY STEIN - DART MAINTENANCE - JERRY LANCE PARKING LOT EAST OF 9699 N. E. 2nd AVE. COMMERCIAL VEHICLE PARKINQ & ACTIVITIES Photographs of the violation were reviewed, as Mr. LuBien outlined facts behind the violation. Mrs. Williamson moved to proceed to the next step, seconded by Mr. Taylor, and carried unanimously. Mr. Lance requested to be heard, whereupon,Mr. Asmus advised him that he will have the opportunity to make an explanation at the Hearing of the June 6th meeting. 6. AFFIDAVIT OF VIOLATION - CASE NO. 85-2807-126 HEPPOLITE FLEURANTIN, 9525 N. W. 2nd AVE. PARKING COMMERCIAL VEHICLE Mr. LuBien reviewed this violation as Members reviewed photographs of the violation. Mr. Grau moved to proceed to the next step, seconded by Mrs. Williamson, and carried unanimously. 7. AFFIDAVIT OF VIOLATION - CASE NO. 85-2889-127 BETTS BARON - GUY CLARK, 21 N. W. 104th ST. STORING INOPERATIVE VEHICLE Following outlining the facts behind the violation by Mr. LuBien, Mr. Grau moved to go to the next step, seconded by Mr. Taylor, and carried uannimously. • • • CODE ENFORCEMENT BOARD -5- May 2, 1985 8. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 84-2328-105 M. COOK, 360 N. E. 105th ST. A/C NOISE AND REED SCREEN Mr. LuBien advised this problem has not been resolved, the situation remains much the same. He and Mr. Wilson had a meeting, with Mr. Hadsall at the site, a decibel reading was taken, and much dialogue took place but the problem has not been corrected. Mr. Hadsall subsequently advised Mr. LuBien that he has advised his client, M. Cook, to move the unit to the rear of the house, but this has not been done, and there is now a '`for sale" sign in front of the house. Mr. LuBien further stated that the 60 day time limit will expire on May 8th, and he will proceed with•proper procedure if the violation is not resolved at that time. B. CASE NO. 85-2357-122 WILLIAM & LILLIANA MC CAUSLAND, 1059 N. E. 104th ST. INCOMPLETE EXTERIOR PAINTING Mr. LuBien reported that the painting is complete and McCausland is now in compliance. 9. WORKSHOP WITH THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO CLARIFY RULINGS BY THE ATTORNEY GENERAL AND DISCUSS BOARD POLICY AND ACTION. Mr. Forney was out of town, attending a seminar, and unable to attend. The workshop will proceed. Mr. Asmus requested and Mr. Fann agreed there is no need to tape the workshop. The Secretary was excused. The meeting adjourned at 9:10. The Workshop continued.