02-06-1986 Regular Meeting•
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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
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Code Enforcement Board
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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.
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Code Enforcement Board
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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
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• 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
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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.
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Code Enforcement Board
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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.
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Code Enforcement Board
14. ONE YEAR OLD CASES
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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.
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