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03-06-1986 Regular Meeting• aiami ghoresCflIage F L OR t D A CODE ENFORCEMENT BOARD MEETING March 6, 1986 A regular meeting of the Miami Shores Village. Code Enforcement Board was held on March 6, 1986. The meeting was called to order at 8:10 p.m., (detained for lack of quorum), at the Village Hall, by Vice Chairman, Santos Rivero, with the following members present: Santos Rivera, Vice Chairman Angela Daley Franklin E. Grau Arthur H. Taylor Absent: Barry K. Asmus William Schroeder Julie A. S. Williamson Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector L. R. Forney, Jr., Village Manager 1. MINUTES - February 6, 1986 Mr. Grau moved to approve the minutes of the meeting of 2/6/86, as written, seconded by Mr. Taylor, and passed unanimously. • 2. HEARING, CASE NO. 86-3081-147 CLARKSON, AUDLEY N., 9438 N. W. 2nd CT. UNLAWFUL TV DISH ANTENNA Mr. LuBien and Mr. Wilson were sworn in for the testimony for the evening. Mr. Clarkson was sworn in. Mr. LuBien stated the facts of violation as, unlawfully installed dish antenna. Owner responded to notices, indicating a willingness to cooperate, but there is no change. Mr. Clarkson stated that, neither is he satisfied with the installa- tion, but in spite of numerous calls to the installer contractor, and promises to recitify the problem, he has done nothing. Mr. LuBien read a letter sent to Mr. Clarkson, advising him that, a permit had been applied for, but the location of the antenna does not comply with the code. Mr. Grau moved for Finding of Fact,n.and Conclusion of Law, that a violation of the Code, Sec. 516 (c)(1) and (6) exists, and that Mr. Clarkson be assessed $110.00 Administrative fee, and a fine of $10.00 per day if the violation is not corrected within 30 days. The motion was seconded by Mr. Taylor, and carried unanimously by a roll call vote. • CODE ENFORCEMENT BOARD -2- 3/6/86 3. HEARING, CASE NO. 86-3206-148 • HOOKS, C.A. & LORRAINE., 11004 N. W. 2nd AVE. INCOMPLETE ROOF REPAIRS Mr. C. A. Hooks died last week. His son Wayne, who was trying to take care of things, was unable to attend this meeting. As stated by Mr. LuBien, Wayne Hooks sent in copies of the payments he made to the first roofer who did an incomplete & shoddy job. He also brought in copies of payments to the subsequent roofer who completed the work satisfactorily. He has been under consider- able duress while he cared for an ill father and his home. Mr. Taylor moved to fined compliance has been met,. and Form 4-A be filed, seconded by Ms. Daley. Regarding the question of Administrative fee, Mr. LuBien recommended it be waived. The motion carried by a unanimous roll call vote. 4. HEAIRNG, CASE NO. 86-3267-149 O'NEILL, EDWARD D. & NANCY, 541 N. E. 105th ST. HEDGES IN EXCESS OF HEIGHT LIMIT Fact behind the violation, is that hedges are in excess of height limits, and extending beyond property line. Members reviewed photogtaphs of the unsightly condition. Mr. Edward O'Neill and his son, Shawn were sworn in. Both family members noted the hedge has been cut and they felt it is in compliance, as to height. The pool is high, and pool privacy is needed, but they will cut back further. Mr. O'Neill further noted, he is a naturalist, and believes in organic growth. The violation has continued since September, 1985. Following further discussion, Mr. Taylor moved, that there is Finding of Fact, and Conclusion of Law, a violation to the Zoning Ordinance, Sec. 518 (a) exists, and that an Administrative fee of $110.00 be assessed, and if not corrected in thirty days, a fine of $15.00 per day be charged. The motion was seconded by Ms. Daley, and passed by a unanimous roll call vote. Mr. Grau recommended the situation should be monitored for a couple of months. 5. HEARING, CASE NO. 86-3335-150 PURSELL, FRANK / KENNETH C. FABEL, 195 N. W. 110th ST. UNLAWFUL FENCE - NO PERMIT Facts behind the violation, Mr. Pursell, the tenant installed the unlawful fence last October, 1985, without a permit. In response to notices, Mr. Pursell advised Mr. LuBien, he will correct the violation. His wife has been extremely ill, and there has been delay. Mr. Pursell was not present, because his wife was having delayed major surgery. Ms. Daley moved to table the case for the next meeting, seconded by Mr. Grau, and carried by a 3-1 vote, with Mr. Taylor dissenting. CODE ENFORCEMENT BOARD -3- 3/6/86 411/ 6. HEARING, CASE NO. 86-3410-151 SMITH, DONALD C. & NANCY D., 699 N. E. 92nd ST. PEELING PAINT & EXCESSIVE MILDEW • • Mr. Smith was not present at the meeting. Mr. LuBien read a letter from Mr. Smith, stating that the roof needed to be replaced before the painting was completed. Further, he noted the violation to Sec. 12-43 of the Code has been corrected. Mr. Grau moved to find Mr. Smith in compliance, and Form 4-A be issued. Mr. Taylor seconded the motion and it carried by a unanimous roll call vote. 7. HEARING, CASE NO. 86-3497-152 BARRETO, RAUL J. & RAQUEL, 72 N. E. 104th ST. BOAT ON TRAILER, AUTO CHASIS W/W EELS IN YARD Mr. LuBien recited the facts behind the violation, as an inoperable vehicle and a flat trailer loaded with trash on the premises. A. boat on a trailer in the front yard. An auto chasis with wheels in the front yard. He passed photographs for members to review, noting that the violations in the photos have been corrected, however the back yard remains in violation. Final notices sent, were marked refused and returned. Mr. LuBien then read a letter from Mr. Raul Barreto from Brasil, profusely apologizing for the problems caused by his son (who lives in the house), and promised to correct the situation, as soon as he arrived in the States. Mr. Barreto was sworn in. He explained, he came from Brazil at great expense:to solve the problems, he takes his responsibilities seriously, and regrets all his sonsactions. Further, that compliance will be adhered to immediately, and to prevent other violations, the house will be put'. up for sale before he leaves. Following further discussion, Ms. Daley moved for Finding of Fact and Conclusion of Law that violation to the stated Sections of the Code exists, that an Administrative fee of $110.00 be assessed, and $10.00 per day fine, if not in complete compliance in 30 days. Mr. Taylor, seconded the motion, which carried by a unanimous roll call vote. 8. HEARING, CASE NO. 86-3502-153 GALLAGHER, SANDRA NUNEZ, 360 N. W. 112th TERR. OVERGROWN AND UNSIGHTLY, MILDEW & PEELING PAINT The facts behind the violation as recited by the Code Enfrocement Director are, an overgrown and unsightly yard with trash and weed accumulation, along with mildew and peeling paint on the house. Members reviewed photographs of the violation. There has been no action nor response to the notices sent on 11/21/85, & 12/4/85. • CODE ENFORCEMENT BOARD -4- 3/6/86 Ms. Gallagher was not present at the meeting. Mr. Grau moved for Finding of Fact, and Conclusion of Law that violation to Sec. 11-1 & 12-23 of the Zoning Ordinance exists. Also that an Administrative fee of $110.00 be assessed, and if compliance is not met in thirty days, a fine of $10.00 per day be charged. The motion, seconded by Mr. Taylor, carried by a unanimous roll call vote. 9. HEARING, CASE NO. 86-3528-154 KING, FRANCES, 475 N. E. 91st ST. OVERGROWN AND UNSIGHTLY, INSUFFICIENT OFF STREET PARKING, DELAPIDATED FENCE. Members reviewed photographs, as Mr. LuBien read the facts behind the violations to the Zoning Ordinance, Sec of the Code violated, 11-1, 5-3 and Schedule of Regulations. Mr. LuBien noted as of inspection today, most of the violations have been corrected. Asphalt area is not yet cleaned up, and landscaping is necessary. Mrs. King did not attend the meeting. Mr. Taylor moved for Finding of Fact, and Conclusion of Law, that violation tothe specified Codes existed, that a $110.00 Administrative fee be assessed, and further that a fine of $15.00 per day will be levied if compliance is not complete in thirty days. The motion was seconded by Mr. Grau, and carried unanimously by a roll call vote. 10. HEARING 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 & FLORIDA ROOM. Mr. LuBien recited the facts behind the violations as Members reviewed photographs. Mr. LuBien noted, the house has been painted and the yard cleaned up, but loose miscellaneous equipmentis still around. Mr. Herndon, after being sworn in, explained how difficult it has been for him to reach this point, and he felt he is in compliance, he was not aware of extended violation. The pipes were purchased with the intention of installing a sprinkler system, which he has had to postpone, because of ill health. Mr. Herndon presented documents attesting to his physical and financial status. He is totally dis- abled, and receivesi. Social Security. He further promised to totally comply. Mr. Taylor moved for Finding of Fact, and Conclusion of Law, that violation existed, and that if complete compliance .is not met in thirty days, a fine of $15.00 per day will be levied. The Adminis- trative fee is waived. The motion was seconded by Mr. Grau, and carried by unanimous roll call vote. CODE ENFORCEMENT BOARD -5- 3/6/86 • 11. HEARING, CASE NO. 86-3546-156 FLEURANTIN, HEPPOLITE, 9525 N. W. 2nd AVE. TAXICAB PARKED ON PREMISES Mr. LuBien read the facts behind the violation, as a taxi cab parked at the premises, which continued after notices were sent. Further, he noted we had a similar case previously, with the same person. Mr. Fleurantin did not attend the hearing. Following further discussion, Mr. Grau moved for Finding of Fact, and Conclusion of Law, that the violation existed, and that Mr. Fleurantin be charged an Administrative fee of $110.00. There will be no fine levied at this time. The situation will be reviewed in 30 days, and a fine enforced if the Board so chooses. The motion was seconded by Ms. Daley, and carried by a unanimous roll call vote. 12. HEARING, CASE NO. 86-3189-157 TORRES, MARGARITA, 137 N. E. 106th ST. ALTERATION WORK INSIDE ACCESSORY BUILDING NOT. REMOVED Mr. LuBien noted the unlawful construction work inside accessory building.has not been completely removed. This is a violation of Sec 5-3 and Schedule of Regulations of the Village Code. Ms. Torres and her son were sworn in. Ms. Torres' son interpreted for her. She stated she did not know what the Code Enforcement Director wants removed, and she is afraid to remove partitions, for fear of a cave in. They only want a utility room and exercise equipment in the building. In reply to questions, Mr. LuBien stated, work was in progress, and he red tagged the job. Further he will be happy to meet with Ms. Torres to point outwhat must be done to comply. Mr. Wilson.,testified that upon one visit to the house, the young man, Ms. Torres' son came out of the house, and was instructed as to the corrections, which had to be made. Mr. Taylor moved for Finding of Fact, and Conclusion of Law, that a violation to Sec 5-3 & Schedule of Regulations exists, and that $110.00 Administrative fee be assessed, and if not corrected in 30 days, a fine of $10.00 per day will be levied, further stipulating that Ms. Torres contact Mr. LuBien or Mr.. Wilson in 10 days, tp be sure of what has to be done to comply. This motion was seconded by Mr. Grau, and passed by a unanimous roll call vote. 13. AFFIDAVIT OF VIOLATION, CASE NO. 86-2708-158 Thomas D. Porter, 186 N. E. 106th St. CONSTRUCTION WITHOUT PERMIT Members reviewed photographs of the violation, construction of what appears to be a wood deck, without a permit. Notices were sent, and the final notice was returned unclaimed. The owner came into Village Hall to obtain a permit and was advised that plans and a survey are required. He left, and never returned. CODE ENFORCEMENT BOARD -6- 3/6/86 1111 Mr. Grau moved to proceed to the next step, seconded by Mr. Taylor, and carried by a unanimous roll call vote. 14. AFFIDAVIT OF VIOLATION, CASE NO. 86-2708-159 ALEJANDRO AGUILERA, 1276 N. E. 93rd ST. OVERSIZE BOAT IN FRONT YARD. • • Photographs were viewed as Mr. LuBien read the facts behind the violation to Sec 501 (r)(1) & (i). There hasbeen recurring violations of an oversized motor home and oversized boat, alternately parked in the front yard since December 4, 1984. Inspection on February 17, 1986, confirmed the complaint that the boat was back. Mr. Grau made a motion to proceed to the next step, seconded by Ms. Daley, and passed unanimously. There being no reports from previous. meetings, nor further business, the meeting adjourned at 9:35 p.m. Approved anto4 Rivero, Acting No airman