06-06-1985 Regular Meeting•
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Miami cfhores -illage
FLORIDA
CODE ENFORCEMENT BOARD MEETING
June 6, 1985
A regular meeting of the Miami Shores Village Code Enforcement
Board was held on June 6, 1985. The meeting was called to order at 7:40 p.m.,
at the Village Hall, by acting Chairman, Santos Rivero. The following
members were present:
Franklin E. Grau
Santos Rivero, Acting Chairman
Richard Groden
Arthur H. Taylor
Donald L. Bednar
Absent: Barry K. Asmus, Chairman
Julie A. S. Williamson
Also present: Frank LuBien, Director of Code Enforcement
Jack Wilson, Code Enforcement Inspector
Mr. Rivero introduced Richard Groden, a Mimai Shores Village
contractor and resident, as the new member of the Board.
1. MINUTES
Mr. Taylor moved, the minutes of the May 2, 1985 meeting be
approved as written, seconded by Mr. Bednar, and carried
unanimously.
Mr. LuBien presented, for a brief discussion, a mandate from the
Circuit Court, indicating the Administrative fee assessed in the
Dentico case was upheld.
Mr. Bednar recommended the Board continue with the original
directive from the Village Attorney regarding assessment of
Administrative fee and/or fine unless another official opinion
is issued.
2. HEARING - CASE NO. 85-2728-124
SHOREVIEW ASSOCIATES, 9999 N. E. 2nd AVE.
UNSIGHTLY AND OVERGROWN PARKING LOT
Mr. LuBien outlined the facts behind the violation to Sec 11-1.
He stated that upon inspection today, he found the parking lot
has been completely cleaned -up and compliance has been met.
Mr. Bednar moved that, since there is now compliance, Form 4-A
be issued, seconded by Mr. Taylor, and carried with the following
roll call vote:
Mr. Groden Yes
Mr. Taylor Yes
Mr. Bednar Yes
Mr. Rivero Yes
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CODE ENFORCEMENT BOARD
-3- June 6, 1985
Mr. Bednar moved for Finding of Fact & Conclusion of Law, that
there is a violation of the Schedule of Regulations and that if
not corrected within thirty days, a fine of $10.00 per day be
assessed, seconded by Mr. Taylor.
Following brief discussion, the motion carried with a unanimous
roll call vote.
The ruling of the Board was then explained to Mr. Fleurantin by
Mr. Rivero.
5. HEARING - CASE NO. 85-2889-127
BETTE BARON - GUY CLARK, 21 N. W. 104th ST.
STORING INOPERATIVE VEHICLE
6.
Mr. LuBien informed Members of a telephone call from Bette Baron,
Atty, representing the owner of the property. She stated that she
is unable to attend this meeting because of a previous commitment.
Guy Glark is in the military and away at this time. Mr. LuBien
further advised the Board that the property is in compliance.
Mr. Bednar made a motion to issue Form 4-A, seconded by Mr. Taylor
and carried by a unanimous roll call vote.
AFFIDAVIT OF VIOLATION - CASE NO. 85-2909-128
ARTHUR W. HAMM, 9139 N. E. 10th AVE.
INOPERATIVE VEHICLE - REPAIR WORK
Mr. LuBien reported that all violations have been corrected in this
case. Inoperative vehicle removed and repair work completed.
Mr. Bednar moved to dismiss the case, seconded by Mr. Grau, and
passed with a unanimous roll call vote.
7. AFFIDAVIT OF VIOLATION - CASE NO. 85-2871-129
ARTHUR J. HABERSIN, 51 N. E. 99th ST.
UNSIGHTLY AND UNSANITARY TRASH PILE
Mr. LuBien outlined the facts behind the violation as Members
reviewed photographs. Mr. LuBien further stated, conditions remain
the same.
Mr. Grau moved to proceed to the next step, seconded by Mr. Bednar,
and carried unanimously by a roll call vote.
Report: Mr. LuBien reported on the case of M. Cook, and the noisy A/C unit.
The situation remains unchanged, and Notice of Lien has been filed,
with a copy being sent to M. Cook. He further advised Members that
the former attorney has dropped the case, Barbara North Burton came
in to inquire of the problem and copies of the Notice of Lien have
been mailed to her also.
CODE ENFORCEMENT BOARD
-2- June 6, 1985
3. HEARING - CASE NO. 85-2761-125
4111 JAY STEIN - DART MAINTENANCE - JERRY LANCE
PARKING LOT EAST OF 9699 N. E. 2nd AVE.
COMMERCIAL VEHICLE PARKING AND ACTIVITIES
Mr. LuBien read the facts behind the violation and presented a
letter from Dr. Stein, requesting a continuance.
Mr. Rivero indicated that should the July meeting be canceled,
the case would then be held over to August.
Mr. Lance did attend the meeting and requested to be heard. After
being sworn in, Mr. Lance stated, he is a resident of Miami Shores
and has been doing business in the Village fifteen years, and park-
ing his trucks, overnight, in .the: same place for fifteen years.
He further stated he has a verbal contract with Dr. Stein to park
on the lot as he had done even before Dr. Stein purchased the
building. He feels the Village is being unjust and unfair.
Mr. Grau arrived at this point.
Mr. Bednar advised Mr. Lance, the duty of this Board is to determine
if, in fact, there is or is not a violation of an ordinance.
Mr. LuBien noted the discussion is out of order, since it is the
property of Dr. Stein, and he is having difficulty enforcing this
ordinance and has requested a continuance. The facts of the
violation is that work is being conducted in an X zone, (residential
and parking).
Mr. Bednar moved to grant the request for continuance, seconded by
Mr. Taylor and carried with a 4-1 vote. Mr. Grau abstained because
of his late arrival.
4. HEARING -CASE NO. 85-2807-126
HEPPOLITE,FLEURANTIN, 9525-N. W. 2nd AVE.
PARKING COMMERCIAL VEHICLE
The facts behind the violation, as outlined by Mr. LuBien
parking a commercial vehicle (taxicab) in residential zone. Members
reviewed photographs of the violation.
Mr. Fleurantin was sworn in. He stated the taxicab is his lively -
hood and only means of transportation. He borrowed his father's
car for a time and even parked the taxi in the rear.of his house
but still was cited. Further, he stated he returns home from work
3 or 4 A.M., and it is unsafe to walk from several blocks away.
Mrs. Fleurantin was sworn in, and concurred with her husband.
Mr. Groden advised Mr. Fleurantin, the photographs were taken during
the day, and that he should make arrangements to park elsewhere.
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CODE ENFORCEMENT BOARD
-4- June 6, 1985
410 8. There was brief discussion concerning the fact that the July
meeting falls on July 4th.
Mr. Taylor moved to cancel the July meeting, seconded by.
Mr. Bednar, and carried unanimously.
The meeting adjourned at 8:30 p.m..
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App rove d
Santos Rivero, Acting Chai