08-07-1986 Regular MeetingMiami ehores`�ilIage
F L O R I o .
CODE ENFORCEMENT BOARD MEETING
August 7, 1986
A regular meeting of the Miami Shores Village Code Enforcement Board
was held on August 7, 1986. The meeting was called to order at 7:30 P.M.
at the Miami Shores Village Hall, by Chairman Asmus, with the following
members present:
Barry K. Asmus, Chairman
Franklin E. Grau
Santos Rivero
William Schroeder
Angela Daley
Julie A. S. Williamson
Absent: Arthur H. Taylor
Also present: Frank LuBien, Code Enforcement Director
Jack Wilson, Code Enforcement Inspector
1. MINUTES - June 5, 1986
Mrs. Williamson made a motion to approve, as written, the minutes of the
meeting of June 5, 1986, seconded by Mr. Schroeder, and -passed unanimously.
Due to vacation schedules, there was no meeting held in July.
2. HEARING, CASE NO. 86-3759-166
CARLOS RONDON, 67 N. W. 109th ST.
ILLEGALLY PARKED VEHICLES
Photographs of this violation were passed to Members. Mr. LuBien stated
the facts behind the violation as, commercial and private vehicles being
parked on and near the premises with no attempt to provide proper off
street parking facilities. Miscellaneous loose parts also on premises.
There has been no response to notices sent. Today inspection revealed some
effort was made to clean up the back yard and also taxi lettering, however
the vehicles remain in place.
Mr. Martin Rondon, son of Carlos, Mr. LuBien and Mr. Wilson were sworn in.
Martin Rondon stated that he does not live at the property, he is represent-
ing his father who owns the house, has a business in New York and commutes.
Further he stated, in reply to questions that, there are three vehicles on
the property and because they are yellow they are not taxis, they have no
taxi lettering. To satisfy the complaint, one car will be removed tomorrow
(Friday, Aug. 8th), one will be removed over the weekend, and the third will
remain on the property for his father's use when he is in Miami.
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CODE ENFORCEMENT BOARD
-2- Aug. 7, 1986
Much discussion occured, and Mr. Asmus explained that according to the
Schedule of. Regulations he must provide paved off street parking space
for the vehicles. Mr. LuBien noted this has been a cat and mouse game
of moving cars around since the first notice was sent in July 1984.
Mr. Wilson stated he had several conversations with Martin Rondon and
explained exactly what had to be done to solve the problem.
Mrs. Williamson moved for Finding of Fact that a violation exists,
Conclusion of Law that the three cars stored on the property are a viola-
tion of the. Schedule of. Regulations and an Administrative fee of $110.00
be assessed, and if the violation is not corrected in 30 days a fine of
$10.00 per day be imposed. The motion was seconded by Mr. Rivero, who
also offeredan amedndent that, the Administrative fee of $110.00 be
waived, and that if the violation is not corrected in thirty days the
assessed fine be set at $30.00 per day. Followingprecise explanation to
Mr. Rondon of the action of the Board and his responsibility, Mrs. Williamson
accepted the amendment, which was seconded by Mrs. Daley. The question
was called, and the motion carried with the following roll call vote:
Mr. Schroeder Yes
Mrs. Williamson Yes
Mr. Asmus No
Mrs. Daley Yes
Mr. Grau No
Mr. Rivero Yes
Mr. Asmus again explained the Board's action to Martin Rondon and the
importance of his responsibility to get this message across to his father.
3. FALSE ALARM APPEAL,
ROBERT BENSON, 802 N. E. 100th ST.
Mr. LuBien noted to the Board that they received in their packets a copy
of the letter. to Ms. Priddy, requesting appeal and her response. Members
also received a copy of procedure for handling appeal. He instructed the
Board, they have a responsibility to listen to evidence and determine if
there is reason to believe that in fact this was a false alarm. Findings
will be reflected in the minutes and dispensed to the Village Manager for
his action.
Mr. Benson in his testimony stated that he was out of town at the time, no
one being on the premises created opportune circumstance for burgarly. He
further noted, in response to questioning, that there was a bent window.
He does not have Central Service, and the only other time he had a false
alarm was about one year ago. The system has been checked:out by the Alarm
Co. and found to be OK.
Following further discussion, Mrs. Williamson moved to find that the Board
has not been presented with proable cause that this is not a false alarm,
and the appeal will be approved. Motion seconded by Mr. Schroeder. The
roll call vote was a 3-3 split:
Mr. Schroeder Yes
Mrs. Williamson Yes
Mr. Asmus No
Mrs. Daley Yes
Mr. Grau No
Mr. Rivero No.
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CODE ENFORCEMENT BOARD
-3- 8/7/86
4. AFFIDAVIT OF VIOLATION, CASE NO. 86-3300-166
JANE E. GALPIN, 479 N. E. 93rd ST.
UNLAWFUL CARPORT
Members reviewed. photographs, as Mr. LuBien recited the facts behind the
violation of the Schedule of Regulations, as unlawful cloth carport.
Following receipt of notices, the owner consulted with Mr. LuBien as to
options. A variance request to the Planning & Zoning Board was denied,
whereupon owner stipulated the structure would be removed in April, but
there has been no action.
Mr. Rivero moved to proceed to the next step, seconded by Mr. Grau, and
passed unanimously.
5. AFFIDAVIT OF VIOLATION, CASE NO. 86-3814-167
RAMON VICHOT, 165 N. E 109th ST.
INCOMPLETE PAINTING, UNSIGHTLY YARD
Photographs were reviewed by Members as Mr. LuBien read the._facts behind
the violations to Sec. 10-1 and 12-133. Final notice for incomplete painting,
unsightly yard with loose miscellaneous supplies and equipment, was returned
unclaimed. The owner advised Mr. Wilson that the work would be completed
shortly, after minimal clean up, action stopped.
Mrs Williamson moved to proceed to the next step, following brief discussion.
Motion seconded by Mrs. Daley, and carried.by 5-1 vote, with Mr. Grau
dissenting.
6. AFFIDAVIT OF VIOLATION, CASE NO. 86-3823-168
TYRONE LIVINGSTON, 1275 N. E. 94th ST.
INCOMPLETE CBS WALL
Members were given photographs to review as Mr. LuBien recited fact behind
the violation to Schedule of Regulations, as an incomplete newly constructed
block wall. Mr. LuBien noted this issue was brought to the attention of
Code. Enforcement by a member of another Board. A permit was issued but the
wall remains incomplete.
Mr. Rivero moved to go to the next step, seconded by Mr. Schroeder.
Regarding questions raised by Mr. Grau, Mr.. LuBien responded the code states
that work shoulcprogress inanorderly manner, and citing Sec 523, should be
in harmony, thi�sll permit. has been held for a prolonged period of time.
The motion carried by a 5-1 vote, with Mr. Grau dissenting.
7,: AFFIDAVIT OF VIOLATION, CASE NO. 86-3833-169
JOSEPH COOK, 149 N. W. 93rd ST.
INOPERATIVE VEHICLE -UNSIGHTLY AREA
Photographs of the violation to 10-1 and 13-1 were reviewed by Members as
Mr. LuBien read the facts that an inoperable vehicle with overgrown vegeta-
tion under and around it, remains in place despite notices sent.
Mrs. Williamson moved to proceed to the next step, seconded by Mr. Rivero,
and carried unanimously.
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CODE ENFORCEMENT BOARD
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8. AFFIDAVIT OF VIOLATION, CASE NO. 86-3904-170
ANTHONY LACKNER, 290 N. E. 101st ST.
UNSIGHTLY YARD, OVERGROWN VEGETATION
Members reviewed photographs as Mr. LuBien recited the facts behind the
violations which have continued intermittently since 6/2/82. Uncontrolled
and unsightly vegetation and hedges extending beyond the property line and
in excess of height limitation are a violation of Sec 518(a), 10-1:and
10-10 of the Miami Shores Village Coce.
A motion to proceed to the next step was made by Mrs. Williamson,
seconded by Mr. Schroeder, and passed unanimously.
9. REPORTS FROM PREVIOUS MEETING
A. CASE NO. 86-3614-165
CARTAGENA, NORBERTO, JR., 285 N. E. 103rd ST.
UNFINISHED ROOF REPAIRS
Mr. LuBien reported that the roof repairs have been completed,
however the Administrative fee of $110.O0. imposed by the Board,
has not been paid.
The meeting adjourned at 8:30 P.M.
steel/
ecraary
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liami cfhores9illage
F L OR ID A
AUGUST 7, 1986
THERE WAS NO CODE ENFORCEMENT BOARD MEETING HELD IN
THE MONTH OF JULY 1986, DUE TO VACATION SCHEDULES.