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08-01-1985 Regular Meeting• • • cfhore 6liage FLORIDA CODE ENFORCEMENT BOARD MEETING August 1, 1985 A regular meeting of the Miami Shores Village Code Enforcement Board was held on August 1, 1985. The meeting was called to order at 7:30 p.m., at the Village Hall, by Chairman Asmus, with the following members present. Barry K. Asmus, Chairman Richard Groden Angela Daley Franklin E. Grau Santos Rivero Arthur H. Taylor Julie A. S. Williamson Absent: None Also present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code Enforcement Inspector Mr. Asmus introduced and welcomed Angela Daley as the new member of the Board. 1. MINUTES Minutes of the meeting of June 6, 1985 were approved by a motion made by Mr. Taylor, seconded by Mr. Rivero, and carried unanimously. There was no meeting in July. 2. HEARING - CONTINUANCE - CASE NO. 85-2761-125 JAY STEIN - DART MAINTENANCE - JERRY LANCE PARKING LOT EAST OF 9699 N. E. 2nd AVE. COMMERCIAL VEHICLE PARKING AND ACTIVITIES Mr. LuBien outlined the facts behind the violation, and further stated, compliance has been met. Dr. Jay Stein was not present at the meeting. Mr. Jerry Lance was sworn in to testify. He stated the trucks have been temporarily moved to accomodate the Board,. and not put Dr. Stein in jeopardy. Mr. Lance further noted his primary purpose in attend- ing this meeting is to protest the harassment from the Village, which seemed to arise as a result of his views opposing the Downtown Revitalization Board. Mr. Lance stated that he has parked and dis- patiched his vehicles from this same lot for fifteen years, and the activity should be grandfathered in. His commercial warehouse and place of business is at, 248 N. E. 59th St. Mr. Lance requested the Board make a ruling favorable or otherwise, that he may continue to use the lot, as in the past, by grandfathering the use in. • CODE ENFORCEMENT BOARD MEETING -2- AUGUST 1, 1985 Mr. LuBien, in response to Mr. Asmus, advised Members, in as much as violation did exist and there is now compliance, a motion to issue Form 4-A is in order-. Mr. Rivero moved that, since there is now compliance, Form 4-A be issued, seconded by Mr. Groden, and carried with the following roll call vote: (4-3) Richard Groden Yes Arthur Taylor No Julie Williamson No Franklin Grau Yes Angela Daley No Santos Rivero Yes Barry Asmus Yes Upon protest from Mr. Lance, Mr. Asmus explained, the procedure of this Board is to take action on the violation as cited, any legalities regarding the grandfathering in of the activity would best be discussed with the Village Attorney or Mr. Forney, the Village Manager. 3. HEARING - CASE NO. 85-2871-129 ARTHUR J. HABERSIN, 51 N. E. 99th ST. UNSIGHTLY & UNSANITARY TRASH PILE. • Mr. LuBien outlined the facts behind the violation and noted, upon current inspection, Mr. Habersin.is now in compliance. • Mr. Habersin was not present. In reply to Mr: Rivero, Mr. LuBien noted that a Notice of Hearing had been sent to Mr. Habersin. Mr. Groden moved to issue Form 4-A, since there is now compliance, seconded by Mr. Rivero, and carried unanimously. 4. APPEAL - CASE NO. 84-2451-106 ALICE BAUGH FOR ANGELA MORRISON, 402 N. W. 111th TERR. IMPROPER PARKING - INOPERATIVE VEHICLE Mr. LuBien advised Members of the facts behind the violation, and status of the lien. The inoperative vehicle has been removed, and since several of the other six vehicles have also been moved there is no longer need for additional off street parking. Alice Baugh., sister of Angela Morrison, was sworn in. She testified that she lives in the house, takes care of the property, and does not pay rent but pays the mortgage. She stated that she works for the Church and is unable to pay the lien. Five cars belonged to her children, who have since moved, there are now only two cars and no need for additional parking. In response to queries from the Board, Ms. Baugh noted, all the mail had been coming to the house and accepted by her daughter while she has been out of the Country for six months. She further noted, her daughter paid the $75.00. Administrative fee imposed but did not understand the additional $10.00 per day assessment until notice of lien was received. • • • CODE ENFORCEMENT BOARD MEETING -3- August 1, 1985 In further discussion, it was determined that, the violation was not corrected, nor effort made to contact Mr. LuBien before June 2, 1985, at which time the lien had reached $1,800., and fine of $10.00 per day was terminated. Mr. Rivero moved to deny the appeal, on the basis that the violation existed four or five months before an effort was made to resolve the problem. The motion was seconded by Mr. Grau, for further discussion. The question was called and the motion failed with the following roll call vote: (5-2) Mr. Groden No Mr. Taylor No Mrs. Williamson No Mr. Grau No Mrs. Daley Nb Mr. Rivero Yes Mr. Asmus Yes Following further discussion, Mrs. Williamson moved to table the request for appeal to the November meeting, to determine if the compliance is in good faith. Mr. Taylor seconded, and the motion carried with the following 4-3 vote: Mr. Groden Yes Mr. Taylor Yes Mrs. Williamson Yes Mr. Grau No Mrs. Daley Yes Mr. Rivero No Mr. Asmus No Mrs. Williamson clarified the Board's action for Ms. Baugh. Mr. Asmus advised her that, she will be notified of the November meeting, she should discuss the lien with Angela Morrison, her sister and the owner of the property, and be prepared to pay the fine, should appeal not be granted. 5. APPEAL- CASE NO. 84-2453-107 SANDRA NUNEZ GALLAGHER, 360 N. W. 112th Terr. IMPROPER PARKING Mr. LuBien outlined the facts behind the violation and status of the lien. He advised Members that the $100.00 Administrative fee had been paid promptly. He further noted that he was contacted by Mrs. Gallagher following Notification of Lien.. She had told him that she was out of the house during her separation from Mr. Gallagher. She is now back in the house, and Mr. Gallagher has moved out and taken the extra vehicles with him. The violation no longer exists. • CODE ENFORCEMENT BOARD MEETING -4- August 1, 1985 Mrs.Gallagher was sworn in. She testified, she is in the process of a divorce. Mrs. Gallagher stated, she has laryngitis and could not be heard on tape, she responded to questions from the Board. She stated that she did contact Mr. LuBien in April when she moved back into the house and became aware of the lien. In reply to Mrs. Daley's query, she stated that her husband is a 1/3 owner .in the house, it will be determined at the time of settlement if he will sign over this share to her. She also stated that, she has been unable to meet the mortgage payments and the Bank has begun foreclosure proceedings. She has not been gainfully employed on.,,a steady basis. Her son, who is sixteen, lives with her. Mrs. Gallagher had no papers with her to substantiate her testimony. It was the consensus of the Boardthat her attorney should send copies of pertinent papers to the Village, so that proper informa- tion regarding the owner of the property is in file, and this case can be properly disposed of. Angela Daley moved to table this case to the November meeting, to allow Mrs. Gallagher an opportunity to solve some of her problems, seconded by Nr. Rivero. Mrs. Williamson offered.:an amendment to .table the case to October. It was accepted by Ms. Daley, but not accepted by Mr. Rivero. The vote was called and the motion to table to November carried with a 5-2 roll call vote: Mr. Groden No. Mr. Taylor Yes Mrs. Williamson Yes Mr. Grau No . Mrs. Daley Yes Mr. Rivero Yes Mr. Asmus Yes 6. AFFIDAVIT OF VIOLATION, CASE NO. 85-2659-130 THOMAS D. PORTER, 186 N. E. 106th ST. UNLAWFUL FENCE Members viewed photographs, as Mr. LuBien outlined the facts behind the violation. The violation continues. Mrs. Williamson moved to go to the next step, seconded by Mr. Taylor, and carried unanimously. 7. AFFIDAVIT OF VIOLATION, CASE NO. 85-2167- 131 FRANK C. SCHAFER, 1399 N. E. 104th ST. UNLAWFUL FENCE Photographs were reviewed as Mr. LuBien outlined the facts behind the violation. Mr. Rivero made a motion to move to the next step, seconded by Mrs. Williamson, and carried unanimously. w • • CODE ENFORCEMENT BOARD MEETING -5- August 1, 1985 8. AFFIDAVIT OF VIOLATION, CASE NO. 85-2848-132 VIRGINIA JAMISON, 1290 N. E. 103rd ST. VARIOUS VIOLATIONS omtlined Mr. LuBienAthe facts as Members reviewed photographs of the various violations. Mr. LuBien noted that he was inclined to request this case be tabled. The yard,..upon inspection today, looked better than it ever had. The house has been pressure cleaned but thereJ'are other corrections to be made. Mr. Rivero moved to go to the next step, seconded by Mrs. Williamson, and carried unanimously. 9. AFFIDAVIT OF VIOLATION, CASE NO. 85-2899-133 RAUL J. BARRETO, 72 N. E. 104th ST. INOPERATIVE VEHICLE - PARKING VIOLATIONS Mr. LuBien outlined the facts behind the violation as, a junk car and other cars being parked or stored on the parkway, (sometimes blocking the sidewalk). Notices have been sent, and there has been no action, other than changing the position of the cars. The certified notice was returned unclaimed. Mr. LuBien further reported that this is the third case against Mr. Barreto and that there is an ongoing lien outstanding for other violations. Photographs were reviewed by the Board. Mr. Rivero made a motion to move to the next step, seconded by Mrs. Williamson, and carried unanimously. 10. AFFIDAVIT OF VIOLATION, CASE NO. 85-2921-134 BORIS POLISSKY, 130 N. W. 92nd ST. PARKING COMMERCIAL VEHICLE Members reviewed photographs of a cab parked in front of the residence, as Mr. LuBien outlined the facts, and also stated that the yard is now in violation for being overgrown and unsightly. Mrs. Williamson moved to go to the next step, seconded by Mr. Rivero, and carried unanimously. 11. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 85-2728-124 SHOREVIEW ASSOCIATES, 9999 N. E. 2nd AVE. UNSIGHTLY & OVERGROWN PARKING LOT Violation has been corrected, and Form 4-A has been executed. B. CASE NO. 85-2761-125 JAY STEIN - DART MAINTENANCE.- JERRY LANCE PARKING LOT EAST OF 9699 N. E. 2nd AVE. COMMERCIAL VEHICLE PARKING AND ACTIVITIES Mr. LuBien reported that this case has been resolve. Violation no longer exists. • 1 • CODE ENFORCEMENT BOARD MEETING -6- August 1, 1985 11. REPORTS - Cont' d C. CASE NO. 85-2807-126 HEPPOLITE FLEURANTIN, 9525 N. W. 2nd AVE. PARKING COMMERCIAL VEHICLE This violation has been corrected, as reported by Mr. LuBien. D. CASE NO. 85-2889-127 BETTE BARON - GUY CLARK, 21 N. W. 104th ST. STORING INOPERATIVE VEHICLE Mr. LuBien reported that this violation has been corrected. The meeting adjourned at 8:45 p.m..