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02-06-1986 Regular Meeting• • • aiami crhores91lage F L OR ID A CODE ENFORCEMENT BOARD MEETING February 6, 1986 A regular meeting of the Miami Shores Village Code Enforcement Board was held on February 6, 1986, The meeting was called to order at 7:35 p.ni., at the Village Hall, by Chairman, Barry Asmus, with the follow- ing members present: Barry R. Asmus, Chairman Angela Daley Franklin E. Grau Julie. A. S. Williamson Absent: Arthur H. Taylor, Out of town commitment Santos Rivero William Schroeder Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector L. R. Forney, Jr., Village Manager 1. MINUTES - December 5, 1985 Modification to the minutes were made as follows: Pg 2, paragraph 2 - All measurements taken on inside and outside of fence and on three sides of yard. Pg 3, paragraph 2.- Members of the Board replied that each case is judged on its' facts, and is not precedent for cases with different facts presented to the Board. Mrs. Williamson .then moved to approve the minutes of the meeting of December 5, 1985, as corrected, seconded by Mr. Grau, and carried unanimously. 2. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 85-2902-138 60 days WALTER E. FURR, JR., 360 N. E. 97th St. OVERGROWN & UNSIGHTLY YARD, MILDEW & PEELING PAINT Mr. Furr is now in full compliance. B. CASE NO. 85-3170-142 60 days MARTHA P. RUFFIN, 9700 BISCAYNE BLVD. HAZARDOUS PARTIALLY DEAD TREE Mr. LuBien reported that upon inspection today considerable amount of the tree has been removed but several dead branches remain on the north and central part of the tree. Deadline • • Code Enforcement Board -2- 2/6/86 for compliance was January 7, 1986,. 31 days past compliance @ $10.00 per day penalty, totals $310.00. Ms. Ruffin attended this meeting and was granted the opportunity to report on the progress made. She stated that she has tried in every way possible toplease her neighbors with regard to tutting the tree back. Further that she is not financially able to have the tree removed. Florida Power & Light representatives will cut the power for eight hours or so, if she has the tree removed, however, they see no problem, and will not do the cutting or removal. In viewing photographs taken previously, noting the work which has been done, Mr. Grau noted that from a practical concern, when trees of this size are being chopped down, the natural balance is being disturbed, and someone who knows what they are doing should be doing the cutting. It should not be the responsibility of the Village to arbitrarily say remove these branches because they are dead, without looking at the over all picture, that may render the tree a greater danger. Ms. Ruffin was informed that, should she have the remaining dead branches. removed, she would be in compliance though the tree remains. The violation is the dead portion and not the aesthetic appeal. Much discussion continued. Mr. Asmus advised Ms. Ruffin to coordinate with Mr. LuBien a meeting, so that the source of the violation can be corrected, post haste, at which time the fine of $10.00 per day will cease. C. CASE NO. 85-3254-145 ISIDRO & MARIA MERCEDES TORRES., 1131 N. E. 104th ST. UNLAWFUL FENCE The decision of the Board at the meeting of December 5, 1985 stands. The case is closed. D. CASE NO. 85-3257-146 KENNETH & CHRISTINA KIRCHER, 10616 N. W. 2nd Ave. PEELING PAINT, MILDEW, ETC. Mr. LuBien reported that this property looks considerably better than when originally cited, but there remains much to be done, and that no additional.progress hasbeen made. A telegram was received today from Mrs. Kircher, which stated that she is unable to attend this meeting, and requesting an extension on the repairs. She further stated that she received the property deed February 4, 1986, making her the owner. No action taken at this time, Ms. Kircher will be informed, the order of the Board will stay, and the Board will extend special consideration when compliance is met. • • • Code Enforcement Board -3- 2/7/86 3. AFFIDAVIT OF VIOLATION, CASE NQ. 86-3081-147 CLARKSON, AUDLEY N., 9438 N. W. 2nd CT. UNLAWFUL TV DISH ANTENNA Mr. LuBien read the facts behind the violation -.as an unlawfully installed dish antenna which was observed on 8/22/85. Owner in- dicated willingness to cooperate, after receiving notices, but the condition is unchanged. Members viewed photographs of the unlawful antenna. Mrs. Williamson made a motion to move to the next step, seconded by Daley, and passed unanimously. 4. AFFIDAVIT OF VIOLATION, CASE NO. 86-3206-148 HOOKS, C.A. & LORRAINE, 11004 N. W. 2nd AVE. INCOMPLETE ROOF REPAIRS Facts behind the violation, as recited by Mr.. LuBien,_:were several. Violations were corrected except for completing the. roof repairs. Wayne Hooks, son of Mr. & Mrs. C.A. Hooks was in the. office to ex- plain his problems, his parents are in a nursing home, and he is trying to resolve the problem. Mrs. Williamson moved to go to the next step, seconded by Ms. Daley, and carried unanimously. 5. AFFIDAVIT OF VIOLATION, CASE NO. 86-3267-149 O'NEILL, EDWARD D. & NANCY, 541 N. E. 105th ST. HEDGES IN EXCESS OF HEIGHT LIMIT Hedges in excess of height limit, and extending beyond the property line. Some work was done in response to notices sent, but the con- dition remains unsightly and non conforming. These are the facts behind the violation, as cited. Members viewed photographs. Mrs.. Williamson motioned to move to the next step., seconded by Mr. Grau, and carried unanimously. 6. AFFIDAVIT OF VIOLATION,CASE NO. 86-3335-150 PURSELL, FRANK / KENNETH C. FABEL, 195 N. W. 110th ST. UNLAWFUL FENCE - NO PERMIT Facts behind the violation, as cited by Mr. LuBien are an unlawful fence, installed without a permit. There has been no response nor action to notices sent. The final notice was returned unclaimed. Following brief discussion and review of photographs, Mrs. Williamson moved to go to the next step, seconded by Mr. Grau, and passed unanimously. Code Enforcement Board -4- 2/6/86 • 7. AFFIDAVIT OF VIOLATION, CASE N0. 86-3410-151 SMITH, DONALD C. & NANCY D., 699 N. E. 92nd ST. PEELING PAINT & EXCESSIVE MILDEW Facts behind the violation, as cited are, peeling paint and excessive mildew. Noaction or response to notices have been initiated. Members reviewed photographs. Mrs. Williamson moved to go to the next step, seconded by Mr. Grau, and passed unanimously. 8. AFFIDAVIT OF VIOLATION, CASE NO.. 86-3497-152 BARRETO, RAUL J. & RAQUEL, 72 N. E. 104th ST. BOAT ON TRAILER, AUTO CASSIS W/WHEELS.IN YARD Mr. LuBien read the facts behind the violation as follows: An inoperable vehicle and a flat trailer.loaded.with trash were observed on premises on 11/12/85. A boat on a trailer was observed on 11/21/85 in the front. yard. Notices were sent, and the inoperable vehicle was removed. Several days later an auto casssis with wheels was placed in front yard. Final notices were marked "refused" and returned. Mrs.. Williamson made a motion to move to the next step, seconded by Ms. Daley, and carried unanimously. • 9. AFFIDAVIT OF VIOLATION, CASE NO. 86-3502-153 GALLAGHER, SANDRA NUNEZ, 360 N. W. 112th TERR. OVERGROWN & UNSIGHTLY, MILDEW & PEELING PAINT • Overgrown & unsightly yard, along with mildew and peeling paint on the house, are the facts behind the violation. There has been no response to notices sent. The front yard.was cut, Hand delivered notice. was refused. Violations continue. Mrs. Williamson moved to go to the next step, seconded by Ms. Daley, and passed unanimously. 10. AFFIDAVIT OF VIOLATION, CASE NO. 86-3528-154 KING, FRANCES, 475 N. E. 91st ST. OVERGROWN AND UNSIGHTLY, INSUFFICIENT OFF STREET PARKING., DELAPIDATED FENCE. Facts behind the violation as recited by Mr. LuBien are: Overgrown & unsightly yard, truck parked on lawn in rear yard, delapidated and falling fence,., construction begun on paving in parkwaywithout permit, and abandonment of work, leaving parkway in unsightly and hazardous condition. Current inspection revealed, the truck has been removed, the yard cleaned up, fence repaired, and a permit obtained for paving, but no work in progress. In fact the paving problem is progressively worse. The permit is valid for six months, but there should be some activity or attempt to correct the violation. • • • Code Enforcement Board -5- 2/6/86 Much discussion followed. Mrs-. Williamson moved to go to the next step, Mr. Asmus passed the gavel to Ms. Daleyoand seconded the motion which carried with a 3-1 vote with Mr. Grau dissenting. 11. AFFIDAVIT OF VIOLATION, CASE NO. 86-3518-155 HERNDON, ROBERT & MARIE, 66 N. W. 110th ST. OVERGROWN AND UNSIGHTLY ALONG ALLEY, PARKING COMMERCIAL VEHICLE, LOOSE MISCELLANEOUS EQUIPMENT, PEELING PAINT ON GARAGE AND FLORIDA ROOM. The facts behind the violation are parking commercial vehicle, overgrown.& unsightly along alley, loose miscellaneous equipment in yard, and peeling paint on garage and florida room. Some action was taken in response to notices sent, but the violations basically remain. Photographs were reviewed by Members. Ms. Daley moved to go to the next step, seconded by Mrs. Williamson, and carried unanimously 12. AFFIDAVIT OF VIOLATION, CASE NO. 86-3546-156 FLEURANTIN, HEPPOLITE, 9525 N. W. 2nd AVE. TAXICAB PARKED ON PREMISES This taxicab parked on premises in residential zone, is a repeat violation. It has been observed at odd hours by the Inspector and Director of Code Enforcement, also there have been complaints. Members looked at photographs of the violation. Mrs.- Williamson moved to go to the next step, seconded by Mr. Grau, and carried unanimously 13. AFFIDAVIT OF VIOLATION, CASE NO. 86-3189-156 TORRES, MARGARITA, 137 N. E. 106th ST. ALTERATION WORK INSIDE ACCESSORY BUILDING NOT REMOVED. Mr. LuBien read thefacts behind the violation as unlawful construction. Some effort was msde:Coward compliance in response to notices sent. However, the alteration work inside the accessory building was not completely removed. No photographs are available, camera does not have flash attachment. Following brief discussion, Mrs. Williamson moved to go to the next step, seconded by NIs. Daley, and passed unanimously. • • • Code Enforcement Board 14. ONE YEAR OLD CASES -6- 2/7/86 Mr. LuBien reported that he has at least four-year old cases of liens that will be turned over to Mr. Faun, .Village Attorney, for foreclosure. Mr. Asmus inquired and was fully assured that the persons are fully aware of lien against the property before foreclosure proceedings begin. Notices are sent from time to time to inform them of length of time lapsed and amount of fine accumulated. The cases being referred to Mr. Fenn are: Gages, Nunez -Gallagher, Hayek, and Oren Morton. The meeting adjourned at 9:00 p.m. Jl22L%I(i ecray