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10-03-1985 Regular Meetingf• Miami �horesllage F L O R t o A CODE ENFORCEMENT BOARD MEETING October 3, 1985 A regular meeting of the Miami Shores Village Code Enforcement Board was held on October 3, 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 Angela Daley Santos Rivero William Schroeder Absent: Franklin E. Grau Arthur H. Taylor Julie A. S. Williamson Also present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code Enforcement Inspector 1. MINUTES Minutes of the meeting of September 5, 1985 were approved, by a motion made by Mr. Rivero, seconded by Mrs. Daley, and carried unanimously. IL* 2. HEARING, CASE NO. 85-2791-135 MICHAEL PAHL, 83 N. E. 100th ST. UNPAINTED HOUSE - UNLAWFUL PAVEMENT Mr. LuBien outlined the facts behind the violation to the Schedule of Regulations, 5-3, and 12-43. Many notices have been sent since deterioration of property was observed on 5/3/83. Mr. Pahl signed a statement that violations would be corrected by 6/30/85. The structure remains unpainted and the unlawful pavement has not been removed. Mr. Pahl was sworn in, as was Mr. LuBien, Cdde Enforcement Director, and Mr. Wilson, Inspector. Mr. Pahl stated, he purchased the house six years ago and it was in a deplorable condition. He has put approximately $40,000.00 into repairs and rehabilitation of the house. He further noted that, he intended to have the house painted, but estimates were beyond what he could afford, so he undertook to replace wood trim and paint the house himself. Concerning the pavement, he stated that, he had applied for a variance before the Planning & Zoning Board, was denied and paved it none the less. • • • CODE ENFORCEMENT BOARD -2- 10/3/85 Mr. Asmus commended Mr. Pahl for work he has done, but noted, the job must be completed. The Miami Shores Village Code are the rules by which we are governed. The house must be painted and the unlawful pavement removed. The charge of this Board is to determine the violation and rule accordingly. Much discussion followed. Mr. Rivero moved that, Finding of Fact and Conclusion of Law has been established and that, Mr. Pahl be assessed a $50.00 per day fine if not corrected in thirty (30) days. Motion was seconded by Angela Daley, and carried unanimously by a roll call vote. 3. HEARING, CASE NO. 85-2893-136 PAYPAC CORP., 10627 N. E. 10th Place INCOMPLETE ROOF Mr. LuBien noted the violation is incomplete roof since 2/25/85. Additional time was requested and granted. Seven months have passed, and the condition remains the same. He further noted that Dixie Williams was in the office to explain, she is unable to attend this meeting but she would correct the violation. Mr. LuBien recommended she be given thirty days to comply and then $10.00 per day fine if not corrected in that time. Mr. Rivero moved for Finding of Fact and Conclusion of Law, and that a fine of $10.00 per day be assessed if the violation is not corrected in thirty days, seconded by Mr. Schroeder. Discussion followed. James G. Pace, (15180 Biscayne Blvd.), President of Paypac Corp, was sworn in. He stated he holds the title to the house, but that Dixie Williams lives there. Following further discussion Mt. Daley offered an amendment to the motion that a fine of $50.00 per day be levied if not corrected after thirty days. The amendment was accepted by Mr. Rivero and Mr. Schroeder, and carried unanimously by roll call vote. The final motion as amended, passed unanimously by a roll call vote. 4. AFFIDAVIT OF VIOLATION, CASE NO. 85-2902-138 WALTER E. FURR, JR., 360 N. E. 97th ST. OVERGROWN & UNSIGHTLY YARD, MILDEW & PEELING PAINT The facts behind the violations as outlined by Mr. LuBien are poorly maintained property with overgrown and unsightly yard, mildew & peeling paint on house since observed 4/19/85. Work has been sporadic, and violations remain. • CODE ENFORCEMENT BOARD -3- 10/3/85 Mr. Rivero moved to go to the next step, seconded by Ms. Daley, and carried unanimously. 5. AFFIDAVIT OF VIOLATION, CASE NO. 85-2947-139 EDWARD GONCZAROW, 290 N. W. 92nd ST. INOPERATIVE VEHICLE - IMPROPER PARKING Members reviewed photographs as Mr. LuBien outlined. the facts of violation to the Schedule of Regulations. Mr. Rivero made a motion to proceed to the next step, seconded by Ms.. Daley and passed unanimously. 6. AFFIDAVIT OF VIOLATION, CASE NO. 85-2967-140 DANIEL G. BARRIE, 1259 N. E. 97th ST. PEELING PAINT Mr. LuBien outlined_.the facts of violation to Sec. 12-43 of the code, as Members viewed photographs. Mr. LuBien noted that additional time was requested and granted, but violation continues. Ms. Daley moved to proceed to the next step, seconded by Mr. Rivero, and carried unanimously. 7. AFFIDAVIT OF VIOLATION, CASE NO. 85-3137-141 • RICHARD H. CARL, 310 N. E. 99th ST. VARIOUS VIOLATIONS • Mr. LuBien noted that there have been numerous violations and numerous notices sent since 8/6/85, and there has been no response or action. Members reviewed photographs of the violations. Mr. Rivero movedto go to the next step, seconded by Mr. Schroeder, and carried unanimously. 8. AFFIDAVIT OF VIOLATION, CASE NO. 85-3170-142 MARTHA P. RUFFIN, 9700 BISCAYNE BLVD. HAZARDOUS PARTIALLY DEAD TREE There has been no action concerning this violation to Sec. 12-23 of the Code. Notices have been returned, unclaimed. Members viewed photographs. Ms. Daley moved to go to the next step, seconded by Mr. Rivero, and passed unanimously. 9. AFFIDAVIT OF VIOLATION, CASE NO. 85-3187-143 NARILYN T. WALKER, 255 N. W. 111th ST. OVERGROWN & UNSIGHTLY. Members reviewed photographs, as Mr. LuBien outlined the facts of violation, stating that there has been no response to notices sent, and further that this is a repeat case for number of years. CODE ENFORCEMENT BOARD -4- 10/3/85 iMr. Schroeder moved to proceed to the next step, seconded by • • Mr. Rivero, and carried unanimously. 10. AFFIDAVIT OF VIOLATION, CASE NO. 85-3194-144 KASSIM HOSEIN, 495 N. E. 91st ST. OVERGROWN & UNSIGHTLY Members reviewed photographs, as the facts of violation were outlined by Mr. LuBien. Some work has been done, but the violations continue. Mr. Rivero moved to proceed to the next step, seconded by Mr. Schroeder, and passed unanimously. 11. TABLED, CASE NO. 85-3073-137 SJONNIE A. PREECE, 80 N. W. 92nd ST. OVERGROWN AND UNSIGHTLY. Mr. LuBien noted that there has been a change of ownership on this property, and a notice posted that it is now the property of the U. S. Government. The yard has been cut and property cleaned up. Ms. Daley moved to dismiss action, seconded by Nr. Rivero, and carried unanimously. 12. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 85-2659-130 THOMAS D. PORTER, 186 N. E. 106th ST. UNLAWFUL FENCE Mr. LuBien reported that Mr. Porter remains in violation, and that, he has heard nothing from either Mr. Porter or his attorney, Mr. DeLucca. He had been granted 60 days, and Mr. LuBien will report further at the next Code Enforcement Board meeting. B. CASE NO. 85-2848-132 VIRGINIA JAMISON, 1290 N. E. 103rd ST. VARIOUS VIOLATIONS As reported by Mr. LuBien, there has been a partial effort to clean the yard, otherwise no repairs to the peeling paint or broken windows. He will continue to monitor the situation and report again at the next meeting. C. CASE NO. 85-2899-133 RAUL J. BARRETO, 72 N. E. 104th ST. INOPERATIVE VEHICLE - PARKING VIOLATIONS Mr. LuBien reported there has been nothing done to correct the violations. The situation continues to be monitored and the action of the Board at the last meeting will be executed. • • • CODE ENFORCEMENT BOARD -5- 10/3/85 Mr. LuBien also reported on the Dentico case, noting that the Appellate Court upheld the decision of the Code Enforcement Board to assess an administrative fee of $500.00, and further that Mrs. Dentico has paid this amount. 13. RULES & REGULATIONS - DISCUSSION - ADOPTION Mr. LuBien passed out to Members copies of the Code Enforcement Board Rules & Regulations. He especially called attention to Article X - Miseellaneous, Sec. 1. He asked Members to study these Rules & Regulations and come to the next meeting prepared to discuss, and recommend amendment allowing for an administra- tive fee charge, and fines. This discussion will be the first item of business at the next regular meeting and will become effective immediately. Discussion followed. Mr. Schoreder movedto request that Mr. LuBien prepare inr_writing the necessary documentation to assess an administrative fee of $110.00 and a flexible fine scale. Also that the next meeting begin a half hour earlier (7:00 p.m.) to allow for discussion and adoption of amendment. Motion was seconded by Mr. Rivero, and carried unanimously. Mr. LuBien noted that he will get.a copy of the Rules & Regula- tions to the absent members and update them on this discussion and motion. 14. ELECTION OF CHAIRMAN & VICE CHAIRMAN Mr. LuBien very st.rongly..recommended that the Chairman and Vice Chairman serve longer than a one year term. Angela Daley nominated Barry Asmus as Chairman and Santos Rivero as Vice Chairman. There being no further nominations, Mr. Rivero moved the nominations be closed. Barry K. Asmus was elected. Chairman, and Santos Rivero elected Vice Chairman unanimously, for 1985-1986. The meeting adjourned at 8:45 p.m. •