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11-07-1985 Regular Meeting• 1110 r • cihores9illage F L OR ID A CODE ENFORCEMENT BOARD .MEETING November 7, 1985 A regular meeting of the Miami Shores Village Code Enforcement Board was held on November7, 1985. The meeting was called to order at 7:00 p.m., at the Village Hall, by Vice Chairman, Santos Rivero, with the following members present: Santos Rivero Angela Daley Franklin E. Grau William Schroeder Arthur H. Taylor Julie A. S. Williamson Absent: Barry K. Asmus Also present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code Enforcement Inspector L. R. Forney, Jr., Village Manager 1. SPECIAL ITEMS ADDITIONS TO RULES AND REGULATIONS Members received in their packets a copy of the Rules and Regulations of the Code Enforcement Board. Special attention was called to Article VIII - Hearings, and the addition of :(m) and (n). Mr. LuBien explained to Members that under (m) the Administrative fee of $110.00 is the estimate arrived at some time ago when he was instructed to do a study of the cost to bring a case to the Code Enforcement Board. The $10.00 per day fine under (n), was arrived at , as a reasonable arerage, con- sidering fines charged by surrounding Municipalities. Mr. Forney is present at this meeting, because of his interest in the conduct of the Board, from the standpoint of decisions made on cases coming before the Board, and the effect these decisions could have in a court of law and in publication. In reply to query, Mr. LuBien stated there are approximately 10 to 12 cases of uncollected fines in the file at this time. Mr. Taylor moved to approve the assessment of $110.00 for Administrative fee, seconded by Ms. Daley. Much discussion followed. Mr. Grau offered an amendment that persons coming before the Board for Hearing, should be forwarned that an Administrative fee is an automatic charge. • • • CODE ENFORCEMENT BOARD -2- 11/7/85 Mr. Taylor withdrew his motion, since no action was taken, He then moved that, an Administrative fee of $110.00 will be assessed in all cases unless determined otherwise by the Board. (Mr. Taylor explained that notification of this fee is Administrative, and that staff should be so instructed). Motion seconded by Ms. Daley. Mr. Forney advised Members that, in, his discussion with the Village Attorney, that warning of the Administrative fee must be sent. Concerning the fine, he recommended the Board adopt a consistant policy using the $10.00 per day fine as a norm or guide. Discussion continued. The vote was called and the motion passed by a 5-1 roll call vote, with Mrs. Williamson dissenting. Mrs. Williamson expounded on her reason for the NO vote. It was determined that notification of the Administrative fee will be included in the cover letter sent with final notices, and that the fine of $10.00 per day not be in writing, but an understood agreement among Board Members. 7:30 P.M. THE REGULAR AGENDA 2. MINUTES - OCTOBER 3, 1985 Minutes of the meeting of October 3, 1985 were approved, as written, by a motion made by Mr. Taylor, seconded by Ms. Daley, and carried unanimously, 3. APPEAL - CASE NO. 84-2451,106 ALICE BAUGH FOR ANGELA MORRISON 402 N. W. 111th TERR. IMPROPER PARKING-- INOPERATIVE VEHICLE This case to appeal a fine, was tabled from the August 1, 1985 meeting to determine if the compliance is in good faith. Mr. LuBien reported the situation has been monitored and the property is being maintained properly, at this time. Ms. Baugh was sworn in and stated that the inoperative vehicle has been removed and the improper parking situation corrected, She is now in compliance, and further gives her word that she will continue to be in compliance. Some discussion followed, • • • CODE ENFORCEMENT BOARD -3- 11/7/85 Mrs. Williamson moved to reduce the fine to $100,00, seconded by Mr. Taylor, the motion carried by the following roll call vote: Mr. Taylor Yes Mrs. Williamson Yes Ms. Daley Yes Mr. Schroeder Yes Mr. Grau No Mr. Rivero No. Mr. Rivero explained to Mrs, Baugh that, the fine is reduced, and that she must come in to Village Hall within the next few days to pay the $100.00. 4. APPEAL - CASE NO, 84-2453-107 SANDRA NUNEZ GALLAGHER 360 N. W. 112th TERR. IMPROPER PARKING Mr. LuBien explained that an appeal to have this fine waived, was tabled at the August 1, 1985 meeting. The situation has been monitored, and a tan coupe parked in the right of way, has now taken the place of the other cars which were cited in the violation, essentially the violation continues. Notice was delivered to the office today, by a man who stated that, Mrs. Gallagher is unable to attend this meeting because of illness, and further requested a one month extension, Following discussion, Ms. Daley moved to grant a last, one month extension on the appeal, seconded by Mr. Grau, and carried by a 5-1 roll call vote, with Mr. Schroeder dissenting. Mr. LuBien was further instructed to include in his letter to Mrs. Gallagher a reminder to obtain from her Attorney copies of pertinent information to substantiate her testimony, 5. HEARING, CASE NO, 85-2902-138 WALTER E. FURR, JR., 360 N. E. 97th ST. OVERGROWN & UNSIGHTLY YARD, MILDEW & PEELING PAINT in Mr. Furr was swornit LuBien and Jack Wilson were sworn in. also, The facts behind the violation were cited as overgrown & unsightly yard, mildew and peeling paint on house. Some work has been done, but the violation continues. Members reviewed photographs. Mr. Furr noted that, he and his boys do the lawn and sometimes it is difficult to get to, Regarding the peeling paint, he stated, he has had the house sandblasted and painted several times and the loose stucco continues to fall off, The contractor advised him to wait a year to paint. He will have it painted, but not during the wet season, In further discussion, Mr, Furr noted that, funds are not a problem, there is a roof leak which must be repaired before further painting. • CODE ENFORCEMENT BOARD -4- 11/7/85 Following further discussion, Mr. Schroeder moved to allow Mr. Furr 60 days to hire a contractor and comply with the code. Mrs. Williamson, considering the outside condition of the house, offered an amednment that, the violation to Sec 11-1 and 12-43 of the code does exist and that, a fine of $10.00 per day be levied,.if not corrected in 60 days. Mr, Schroeder accepted the amendment, which was seconded by Mr. Taylor, The motion carried by a unanimous roll call vote. Mr. Furr was advised to obtain an executed contract from a licensed roofer and painter with a time frame for completion of work. Also that a permit must be obtained for the work, and .he must initiate communication with the Building Director, so that the violation does not go beyond the 60 days,allowed. 6. HEARING, CASE NO. 85-2947-139 EDWARD GONCZAROW, 290 N. W. 92nd ST. INOPERATIVE VEHICLE, IMPROPER PARKING Mr. LuBien outlined the facts behind the violation as inoperative vehicle and improper parking, violation td Schedule of Regulations, Neither Edward or Dinorah Gonczarow were present, The inoperative vehicle has been moved. There is a garage On the premises and if used, it could help remedy the improper parking situation, Mrs. Williamson moved that, Finding of Fact and Conclusion of Law has been established, and ordered that if the situation is not corrected in thirty days a $10.00 per day fine be assessed. Motion seconded by Mr. Grau, and carried unanimously by roll call vote. 7. HEARING, CASE NO, 85-2967-140 DANIEL G. BARRIE, 1259 N. E. 97th ST. PEELING PAINT Members heard Mr. LuBien outline the facts as peeling paint, a violation of Sec 12-43 of the code. He further noted that, in a telephone conversation with Mrs, Barrie, she explained the compliance was delayed because, the painter had:begun:.. work, but was halted because of the rain, and then had to wait for wood to dry. She is unable to attend this meeting because of poor health, The Code Enforcement Director further reported, the painting is now complete, and violation no longer exists. Mrs. Williamson moved to issue Form 4-A. seconded by Mr, Taylor, and carried unanimously by roll call vote, 8. HEARING, CASE NO. 85-3137-141 RICHARD H. CARL, 310 N. E. 99th ST. VARIOUS VIOLATIONS • Members reviewed photographs, as Nr, LuBien outlined facts of numerous violations, and stated there has been no change as of today, CODE ENFORCEMENT BOARD -5- 11/7/85 • Neither Richard H. nor Mary Jo Carl were present, • Members agreed, the pictureslindicate a serious health hazard, as well as being unsightly. Mrs. Williamson, moved that, Finding of Fact has been established, Conclusion of Law that, these are violations of Sec, 11-1, 11-12, 12-23, and 4-24 of the Code of Miami Shores Village, If the excessive and dangerous problem is not corrected in thirty days, a fine of $25-.00 per day will be assessed, seconded by Mr, Grau, and passed unanimously by roll call vote. 9. HEARING CASE NO. 85-3170-142 MARTHA P. RUFFIN, 9700 BISCAYNE BLVD. HAZARDOUS PARTIALLY DEAD TREE Members were advised that this partially dead Australian Pine tree is very hazardous, a few smaller branches have been removed, but otherwise there has been no action. Ms. Martha Ruffin was sworn in, and testified that some trimming has begun, however, estimates to remove the tree are very high, Mr. & Mrs. Edward Abdella and Mr. & Mrs. Robert Kunzler, neighbors of Ms. Ruffin were sworn in. They testified of the serious hazard the 65'-75' Australian Pine tree poses to the surrounding property, the power lines, phone service, and themselves as residents in the adjoining properties. Discussion followed. Ms. Daley moved to grant Ms. Ruffin sixty days to correct the situa- tion, and if she is not in compliance at that time a $10.00 per day fine will be assessed, Mrs. Williamson seconded, and offered to amend,that it has been established that the tree is in violation of Sec. 12-23 of the code, and if not corrected in sixty days, a fine of $10.00 per day will _ begin, seconded by Mr. Taylor, and carried by a unanimous roll call vote. 10. HEARING, CASE NO, 85-3187-143 MARILYN T. WALKER, 255 N. W. 111th ST, OVERGROWN & UNSIGHTLY Members reviewed photographs of the violation, as Mr. LuBien recited the facts behind the violation. He stated that some work has been done, but the violation is recurring over a period of years.. Terry Walker, sister of Marilyn, owner who is in. Germany, was sworn in to testify on her sister's behalf. She stated she and her mother live in the house, she works long hours and able to do the yard only on the weekends. Following discussion, Ms. Daley admonished Ms. Walker of the importance of maintaining the property, and moved that Finding of Fact and Conclusion of Law, the unsightly condition is a violation of Sec 111, • • CODE ENFORCEMENT BOARD -6- 11/7/85 and if not corrected in 30 days, a fine of $10.00 per day will be effective. Motion seconded by Mrs. Williamson, and passed unanimously by a roll call vote. 11. HEARING, CASE NO. 85-3194-144 KASSIM HOSEIN, 495 N. E. 91st ST. OVERGROWN & UNSIGHTLY Mr.. LuBien outlinedthe facts behind the violation as overgrown & unsightly, a double fence with no effort being made to maintain between the two. Also hedges extend over the sidewalk. Members reviewed photographs of the violations. Mr. Hosein is not present at this meeting, Following discussion, Mrs. Williamson moved, Finding of Fact and Conclusion of..;Law has been established and ordered that, there will be a fine of $10.00 per day levied, if the violation is not corrected in 30 days. Mr. Grau seconded the motion which carried by a unanimous roll call vote. 12. TABLED, CASE NO, 85-3073-137 SJONNIE A. PREECE, 80 N. W. 92nd ST. OVERGROWN AND UNSIGHTLY Mr. LuBien reminded Members that there has been a change in ownership, and the property has been repossessed by the VA, now belongs to the U.S. Government. At the present time there is no violation. The situation will continue to be monitored. Mr. Grau moved to issue Form 4-A, seconded by Ms. Daley, and passed with a roll call vote of 5-1, with Mr. Taylor dissenting. 13. AFFIDAVIT OF VIOLATION, CASE NO. 85-3254-145 ISIDRO & MARTA MERCEDES TORRES, 1131 N, E. 104th ST, UNLAWFUL FENCE Fact behind the violation as cited by the Code Enforcement Director, is the installation of a fence in excess of height limitation, and not in compliance with the approved plans, A violation. of Sec, 518 (a) of the Miami Shores Village Code. Members reviewed photographs before and after the impacted soil and sod were added. Discussion followed, Mr. Grau moved to proceed to the next step, seconded by Mr. Schroeder, and passed unanimously, • • CODE ENFORCEMENT BOARD -7- 11/7/85 14. AFFIDAVIT OF VIOLATION, CASE NO. 85-3257-146 KENNETH & CHRISTINA KIRCHER, 10616 N, W, 2nd AVE. PEELING PAINT, MILDEW, ETC. Members reviewed photographs as. Mr. LuBien recited the facts behind the violation, as peeling paint and jrildew and other miscellaneous violations. There has been no response nor action to notices sent, Mrs Williamson moved to proceed to the next step, seconded by Mr. Grau, and unanimously passed. 15. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 85-2659-130 THOMAS D PORTER, 186 N. E. 106th ST, UNLAWFUL FENCE This problem has not been corrected, nor has there been any word from Mr. Porter. Affidavit of Non -Compliance will be issued, and mailed. The Village has received several letters from:Mr. Porter's neighbors, in response to the newspaper article, attesting that Mr..Porter was not truthful in his report to the papers. B. CASE NO. 85-2848-132 VIRGINIA JAMISON, 1290 N. E. 103rd ST. VARIOUS VIOLATIONS Compliance has been met within, -the specified time, Mr. LuBien will issue Affidavit of Compliance. C. CASE NO. 85-2899-133 RAUL J. BARRETO, 72 N. E. 104th ST. INOPERATIVE VEHICLE - PARKING VIOLATIONS Affidavit and order concerning the inoperative vehicle has been filed. Mr. LuBien will further report on this case after E. D. CASE NO. 85-2791-135 MICHAEL PAHL, 83 N. E. 100th ST. UNPAINTED HOUSE - UNLAWFUL PAVEMENT Mr. Pahl is now in compliance and the necessary paper work will be filed. E. CASE NO. 85-2803-136 PAYPAC CORP., 10627 N, E. 10th PL, INCOMPLETE ROOF This property continues in non-compliance, the necessary paper work will be issued, • • • CODE ENFORCEMENT BOARD -8- 11/7/85 C. CASE No, 84-2464-108 RAUL J. BARRETO, 72 N. E. 104th ST. Mr. LuBien reported that there is a previous existing lien against this property. He has been informed that it is legal to foreclose on a lien in six (6) months and further has been requested by the Village Manager to take the proper steps to resolve this situation, to Mr. Grau movedAproceed with the necessary procedure to foreclose on this lien against the property, seconded by Mrs. Williamson, and gassed unanimously. Mr. Grau moved to adjournthe meeting, seconded by Mrs. Williamson, and passed, The meeting adjourned at 9:10 p.m. Santos Rivero, ice C