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04-03-1986 Regular Meetingt• IS rJd iami crhores91liage F L OR ID A CODE ENFORCEMENT BOARD MEETING April 3, 1986 A regular meeting of the Miami Shores Village Code Enforcement Board was held on April 3, 1986. The meeting was; called to order at 7:30 P.M., at the Village Hall, by Chairman Barry Asmus, with the following Members present: Barry K. Asmus, Chairman Franklin E. Grau William Schroeder Arthur H. Taylor Julie A. S. Williamson Santos Rivero Absent: Angela Daley Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES - March 6, 1986 Mr. Taylor moved to approve, as written, the minutes of the meeting of March 6, 1986, seconded by Mr. Rivero, and passed unanimously. 2. HEARING, CASE NO. 86-3335-150 PURSELL, FRANK/KENNETH C. FABEL, 195 N. W. 110th ST. UNLAWFUL FENCE - NO PERMIT Mr. LuBien outlined the facts behind the violation. He reminded Members that this case was tabled at the last meeting because of the problems Mr. Pursell was having at that time. Included in Member's packet was a copy of the letter sent to Mr. Pursell and to Mr. Fabel, advising them of the Board's action, and urging them to attend this meeting. He did have a return receipt from Mr. Fabel, but there has been no response from Mr. Pursell. The violation continues to exist. No representative attended the meeting. Mr. Rivero moved for Finding of Fact, and Conclusion of Law, that the un- lawful fence is a violation of Sec. 518(a) and 5-3 of the Code exists, that an Administrative fee of $100. be assessed, and a fine of $15. per day if not corrected in 30 days, seconded by Mr. Taylor. Mrs. Williamson's amendment to assess Administrative fee of $110.Awas accepted by Mr. Rivero, and by Mr. Taylor, and carried by a unanimous roll call vote. ( The fine of $15. per day if not corrected in 30 days stands). Mr. Grau arrived at this point. CODE ENFORCEMENT BOARD -2- 4/3/86 3. HEARING, CASE NO. 86-3029-158 • THOMAS D. PORTER, 186 N. E. 106th St. CONSTRUCTION WITHOUT PERMIT, • • Members reviewed photographs of the partial wood deck, constructed without a permit..; This is a violation since July 1, 1985, of Sec 5-3 of the Miami Shores Village Code. Mr. LuBien noted that Mr. Porter came in to Village Hall for a permit and was advised that plans and a survey are required;. whereupon, Mr. Porter left and never returned. This week an application for a permit for the deck was submitted by Mike Matthew. This application for the deck was rejected because of incomplete plans. Mr. Matthew later contacted Mr. LuBien, and after being advised.. of necessary items to complete the drawings,-. gave assurance this would be resolved. Mr. Stuart M. Rapee, intern from the office of Frank,Wolland appeared on behalf of Mr. Porter. Mr. Rapee indicated that Mr. Porter related to him that no permit is required if the deck did not contain certain features and visa versa. That is, if the deck is so many inches above the ground or excessive height requiring a railing, then a permit is required. He further noted that Mr. Porter believes that he will be able to build the deck in a fashion that will not require a permit. In reply, Mr. LuBien: advised Mr. Rapee, as he has advised Mr. Porter in person and in notices sent, that a permit is required, and drawings are necessary. Discussion continued, regarding grade of deck, railing, permit required, required plans, existing hazard, etc. Mr. Rapee proposed a 60 day delay to allow Mr. Porter time to comply. Mrs. Williamson moved for Finding of Fact, and Conclusion. of Law, that a violation to Sec. 5-3 exists, that an Administrative fee of $110. be assessed, and further if the violation is not corrected in 60 days, a fine of $15.00 per day be levied, motion seconded by.Mr. Grau. Mr. Rivero offered an amendment that the Administrative fee be, $110., and $15. per day if not corrected in 30 days,,since the violation has continued since July 1985. Administrative fee was explained to Mr. Rapee, in response to query. A permit is required, but there is a breakpoint at which architect or engineer signed and sealed drawings are required. Mr. LuBien noted he will be happy to discuss .this further with the applicant, when he determines how he wants to build the deck, The motion passed with the following roll call vote: Mr. Schroeder No Mr. Taylor No Mrs. Williamson Yes Mr. Grau Yes Mr. Rivero Yes Mr. Asmus Yes • • • CODE ENFORCEMENT BOARD -3- 4/3/86 4. HEARING, CASE NO. 86-2708-159 ALEJANDRO AGUILERA, 1276 N. E. 93rd ST. OVERSIZE BOAT IN FRONT YARD Members reviewed photographs, as Mr. LuBien recited the the violation to Sec. 501(r)(1)and (i) of the Code. He this violation has continued intermittently since first. December 4, 1984. The latest violation was observed on 9:20 A. M., only one week ago. At other times the boat at the Exxon Station on Biscayne Blvd. Mr. Aguilera appearing in his own behalf, was sworn in. Mr. LuBien and Mr. Wilson, also were sworn in. facts behind further noted observed on March 27,1986, has been parked Mr. Aguilera noted that neither the boat nor the motor home are his personal property, but that he allows friends and customers to park at his home as a favor to them. The boats are those he sometimes works on, at the station, and then takes them home evenings and sometimes on weekends for safety reasons. Discussion occured.concerning the recurring violation, an Administrative fee of $110. being assessed each time the violation occurs, and Mr. Aguilera's request to sell cars, etc. at the Exxon station he operates on Biscayne Blvd. Mr. Taylor moved for Finding of Fact that there .has been a recurring violation of an oversize boat and motor home in the front yard, Con- clusion of Law?this is a violation of Sec 501(r)(1)(i), ordered that an Administrative fee of $110. be assessed and $15. per day after 30 days, if the violation persists, seconded by Mrs. Williamson. Following discussion Mr. Taylor rephrased his motion to, assess an Administrative fee of $110., striking the $15. per day after 30 days. Mrs. Williamson accepted the change. Mr. Taylor, in discussion, described the method of code enforcement used in other municipalities, as was explained at the Seminar he attended. After further discussion, the motion Mr. Schroeder Mr. Taylor Mrs. Williamson Mr. Grau Mr. Rivero Mr. Asmus carried by the following roll call vote: Yes Yes Yes No No Yes Mr. Rivero commented that when there is a good business man like Mr. Aguilera in Miami Shores, who is trying to protect and help the residents of Miami Shores, and he is treated as the Board treated this man; in 2 to 6 months or a year an undesirable person will own that Exxon station and 100% more problems will exist. He further noted, he has observed Miami Shores Village deteriorate more each day, and it is encumbant on the members of this Board to give their actions serious thought. Mr. Rivero feels very strongly that the $110. Administrative fee assessed against Mr. Aguilera very unfair. Mr. Rivero empnasized.he wants these comments reflected in the record. CODE ENFORCEMENT BOARD -4- 4/3/86 5. AFFIDAVIT OF VIOLATION, CASE NO. 86-3498-160 e LEONCIO GRANDA, 9326 N. W. 2nd CT. VARIOUS VIOLATIONS • • Mr. LuBien recited the facts behind the violation to the Code of Ordinances; Schedule of Regulations, 11-1 and 5-3 are the Sections in violation. Members reviewed photographs. Mr. Grau made a motion to proceed to the next step, seconded by Mrs. Williamson, and carried unanimously. 6. AFFIDAVIT OF VIOLATION, CASE NO. 86-3374-161 PAULE BAZILE, 9337 N. W. 2nd PL. INOPERABLE VEHICLES - UNSIGHTLY YARD Some cleanup was done following notices sent to this property. However, Mr. LuBien related the vehicles remain and: the premises are in poor condition. These are violations of Sec. 14-43 and 11-1 of the Code of Ordinances. Following review of photographs of the violations, Mr. Grau moved to go to the next step, seconded by Mrs. Williamson, and passed by a unanimous vote. 7. AFFIDAVIT OF VIOLATION, CASE NO. 86-35.76-162 MICHAEL D. GALE, 165 N. W. 99th St. OVERGROWN AND UNSIGHTLY YARD Mr. LuBien noted this property has been poorly maintained for a number of years. A dense and uncontrolled growth of vegetation was allowed to accumulate. Notices were sent to the owner and some progress was made. Today's inspection revealed technical compliance. After review of photographs, Mrs. Williamson moved to dismiss the case, seconded by Mr. Grau and passed unanimously. 8. AFFIDAVIT OF VIOLATION, CASE NO. 86-3646-163 FATHINGTON CORP. N.V., 9275 N. BAYSHORE DR. PEELING PAINT Mr. LuBien stating the facts behind the violation to Sec. 12-43 of the Code, noted there has been no response nor action to notices sent. Photographs were reviewed by Members. Mr. LuBien further stated he had very recently received a call from Saud Shagran the owner, who told him he cannot paint until the end of the year. Mrs. Williamson moved to proceed to the next step, seconded by Mr. Taylor,. and carried unanimously. • • • CODE ENFORCEMENT BOARD -5- 4/3/86 9. REPORTS FROM PREVIOUS MEETING A. CASE NO. 86-3081-147 CLARKSON, AUDLEY N., 9438 N. W. 2nd CT. UNLAWFUL TV DISH ANTENNA Mr. Clarkson came into the office and paid the Administrative fee of $110.. He requested an extension to take care of the antenna, and the request was granted. He has until Friday, April 11, 1986 to complete compliance. B. CASE NO. 86-3267-149 O'NEILL, EDWARD D. & NANCY, 541 N. E. 105th ST. HEDGES IN EXCESS OF HEIGHT LIMIT This hedge has been cut back. Property is in compliance, but Mr. O'Neill has not paid the Administrative fee of $110. assessed by the Code Enforcement Board. C. CASE NO. 86-3497-152 BARRETO, RAUL J. & RAQUEL, 72 N. E. 104th St. BOAT ON TRAILER, AUTO CHASIS W/WHEELS IN YARD Mr. Barreto's son now has the premises in compliance, and hopefully will remain so. Mr. Barreto also has paid the $110. Administrative fee imposed. A letter received this week from Mr. Barreto with his new Mexico address, again apologizes for the violation. D. CASE NO. 86-3502-153 GALLAGHER, SANDRA NUNEZ, 360 N. W. 112th TERR. OVERGROWN AND UNSIGHTLY, MILDEW AND PEELING PAINT Violations continue. There has been no response nor action. No Administrative ;or fines have been paid. fee E. CASE NO. 86-3528-154 KING, FRANCES, 475 N. E. 91st ST. OVERGROWN AND UNSIGHTLY, INSUFFICIENT OFF STREET PARKING, DELAPIDATED FENCE. Ms. King is in compliance, but has not paid the Administrative fee assessed by the Board. F. CASE NO. 86-3518-155 HERNDON, ROBERT & MARIE, 66 N. W. 110th ST. OVERGROWN & UNSIGHTLY ALONG ALLEY, PARKING COMMERCIAL VEHICLE, LOOSE MISCELLANEOUS EQUIPMENT, PEELING PAINT ON GARAGE AND ON FLORIDA ROOM. All violations have been corrected. No Administrative had been imposed. Also there has been no fine levied, since compliance was met within the specified 30 days. • CODE ENFORCEMENT BOARD -6- 4/3/86 G. CASE NO. 86-3546-156 FLEURANTIN, HEPPOLITE, 9525 N. W. 2nd AVE. TAXICAB PARKED ON PREMISES Mr. LuBien has not observed any taxicab on the premises lately. Mr. Fleurantin is in compliance, but has not paid the Administrative fee of $110.. Mrs. Williamson noted that she has been by the residence between 7:15-8:30 A.M., late evenings and weekends, and has not observed a taxicab on the premises. R. CASE NO. 86-3189-157 TORRES, MARGARITA, 137 N. E. 106th ST. ALTERATION WORK INSIDE ACCESSORY BUILDING NOT REMOVED All the items in violation, indide the accessory building have now been removed. Ms. Torres is now in compliance:, but has not paid the Administrative fee. Much discussion occured, concerning Item #4 on the agenda. The dispo- sition of this case, procedures for handling recurring violations, and what other Municipalities do. Mr. Taylor and Mr. Wilson outlined procedure as explained at the Code Enforcement, League of Cities Seminar, they had recently attended. • The meeting adjourned at 9:00 P.M.. •