Loading...
09-03-1986 Regular Meeting• iami cShores91lage F L OR ID A CODE ENFORCEMENT BOARD MEETING September 3, 1986 A regular meeting of the Miami Shores Village Code Enforcement Board was held on September 3, 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 Angela Daley William Schroeder Santos Rivero Arthur H. Taylor Julie A.S. Williamson Absent: Franklin E. Grau Also present: Frank LuBien, Code Enforcement Director Jack Wilton, Code Enforcement Inspector 1. MINUTES - August 7, 1986 Mr. Schroeder moved to approve, as written, the minutes of the meeting of August 7, 1986, seconded by Mr. Rivero, and passed unanimously. 2. HEARING, CASE NO. 86-3300-166 • JANE E. GALPIN, 479 N. E. 93rd ST. UNLAWFUL CARPORT Mr. LuBien recited the facts behind the violation as an unlawful cloth carport for which a variance was requested and denied by_the Planning and Zoning Board. Owner stipulated the structure would be removed in April, but there has been no action. Members reviewed photographs of the violation. Ms. Galpin, Mr. LuBien and Mr.. Wilson were sworn in. Ms. Galpin stated that if there is any way possible she would really like to keep the carport. If it must be removed, she would like to contact the installer in hopes of obtaining a partial refund. Mr. Asmus explained, this Body cannot grant permission for a violation to continue which has been denied by the Planning & Zoning Board. Code Enforcement is charged with determining that a violation exists and correction. Following further discussion, Mr. Schroeder moved that cloth carport is a violation of the Schedule of Regulations and that Ms. Galpin be assessed $110.00 Administrative fee, and if the carport is not removed in 15 days, a fine of $15.00 per day be levied. Motion seconded by Mr. Taylor, and passed with the following roll call vote: Mr. Schroeder Yes Mr. Taylor Yes Mrs. Williamson No Mrs. Daley Yes Mr. Rivero Yes Mr. Asmus Yes Mr. Asmus explained the Board's decision to Ms. Galpin. CODE ENFORCEMENT BOARD -2- 9/3/86 3. HEARING, CASE NO. 86-3814-167 RAMON VICHOT, 165 N. E. 109th ST. INCOMPLETE PAINTING, UNSIGHTLY YARD Members reviewed photographs, as Mr. LuBien read the facts behind the violations as incomplete painting and overgrown and unsightly yard. After being sworn in, Ramon Vichot testified that he purchased the house about four. years ago and has had a number of financial set backs. Also he noted the house was in deplorable condition when he bought it, and he has since been working hard to fix up the interior. He plans architectural changes for the exterior and is hesitant to paint before this is done. Mr. LuBien advised the Board that there havebeen numerous complaints received, however he has delayed sending notices because he knew work was going on inside. Following further discussion, Mrs. Williamson moved for Finding of Fact that the violations exist, as evidenced by the photographs, Conclusion of Law that Sections of the Code violated are 10-1 and 12-133. Further that Mr. Vichot be assessed an Administrative fee of $110.00, and $15.00 per day for each day after 30 days that the violation continues. Mr. Taylor seconded the motion which carried by a unanimous roll call vote. The Board's action was clarified for Mr. Vichot by Mr. Asmus. Hearing moved to #6 on the Agenda, since no representative was present for Case No. 4 & No. 5. 6. HEARING, CASE NO. 86-3904-170 ANTHONY LA.CKNER, 290 N. E. 101st ST. OVERGROWN AND UNSIGHTLY YARD & HEDGES Mr. LuBien noted the overgrown and unsightly yard with hedges in excess of height limitation and extending beyond property line has continued intermittently since June 21, 1982. Some work is done from time to time, but hedge is still not in compliance. Today's inspection revealed some hedge was trimmed but not cleaned up and the back yard remains in violation. Members reviewed photographs of the violation. Anthony Lackner was sworn in and stated he does not live at the property. He lives at 11123 S. W. 132nd Ct., Kendal, and because of this it took the notice time to catch up with him, to which he responded immediately by contacting his tenant. He feels he is now in compliance. The tenant, John Miller was sworn in and testified that he has cut the lawn and the hedges and feels compliance is met. Mr. LuBien read the note at the bottom of the last Notice of Violation, concerning the fact this is a recurring violation since 1982. Violation continues. Mr. Schroeder moved for Finding of Fact and Conclusion of Law, that the violation to Sec 518.(a), 10-1 and 10-10 of the Code continues, that an Administrative fee of $110.00 be assessed and $15.00 per day fine if the violation is not corrected in 30 days. Motion was seconded by Mr. Taylor, and carried unanimously by roll call vote. Mr.. Asmus explained the decision of the Board to Mr. Lackner and to Mr. Miller. • • CODE ENFORCEMENT BOARD -3- 9/3/86 4. HEARING, CASE NO. 86-3823-168 TYRONE LIVINGSTONB, 1275 N. E. 94th ST. INCOMPLETE C.B.S. WALL Members reviewed photographs of the incomplete wall as Mr. LuBien. read the facts of the violation to the Schedule of Regulations. Brief discussion took place. Mr. Taylor moved for Finding of Fact the wall is incomplete and Conclusion of Law that this is a violation of the Schedule of Regulation, and that an Administrative fee of $110.00 be assessed, further if the wall is not completed in 15 days:there will be a fine of $30.00 per day levied. Mrs. Williamson seconded the motion and moved to amend, to allow 30 days for Mr. Livingstone to correct the violation. This amendment was accepted by Mr. Taylor, seconded by Mrs. Daley, and passed by unanimous roll call vote. 5. HEARING, CASE NO. 86-3833-169 JOSEPH COOKE, 149 N. W. 93rd. St. INOPERATIVE VEHICLE.- UNSIGHTLY YARD Mr. LuBien noted that he has been in contact with Joseph Cooke regarding the violations to Sec 10-1 and 13-1 of the. Code of Ordinances. He also read a letter from Mr. Cooke, outlining his problems, and his efforts to correct the violations. Further Mr. LuBien stated that the property is now in compliance. Mrs. Williamson moved to issue Form 4-A, indicating compliance, seconded by Mr.. Rivero, and passed unanimously. 7. AFFIDAVIT OF VIOLATION, CASE NO. 86-3944-171 MICHAEL GALE, 165 N. W. 99th ST. OVERGROWN & UNSIGHTLY YARD & HEDGES Members reviewed photographs, as Mr. LuBien read the facts behind the violation to Sec 518(a) & 10-1. Michael. Gale was in to request an extension, as the tenant is out of town. He stated he will have the violation corrected by September 9th., and left address and telephone number for further contact. Mrs. Williamson made a motion to proceed to the next step, seconded by Mr. Rivero and carried unanimously. 8. AFFIDAVIT OF VIOLATION, CASE _NO. 86-3954<-172 LEE BUCK & MARCUS EBERT, 9404-N. MIAMI AVE. UNLAWFUL STRUCTURES Mr. LuBien called Members attention to trellis -like structures and orchid house, all installed without permits, and some unlawful. These are violations of Sec 6-4, 516(d), 523 and Schedule of Regulations. Photographs were reviewed by Members. Members also received copies of the notices sent and copies of correspondence between Mr. LuBien & Mr. Anthony Ramos, Esq. representative for Lee Buck. • • • CODE ENFORCEMENT BOARD -4- 9/3/86 Mr. Rivero moved to proceed to the next step, seconded by Mrs. Williamson, and carried by the following roll call vote. Mr.. Schroeder Yes Mr. Taylor No Mrs. Williamson Yes Mrs. Daley Yes Mr. Rivero Yes Mr. Asmus Yes 9: REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 86-3759-166 CARLOS RONDON, 67 N. W. 109th ST. ILLEGALLY PARKED VEHICLES Mr. LuBien reported the taxi remains parked on the premises, nor has there been any action to provide for proper off street parking facilities. He will follow with procedure. Since Mr. Barry Asmus term on the Board has expired and in as much as he is not eligible for reappointment, Members expressed sadness that he leaves, gratitude for all his efforts and a job well done, pleasure for having worked with him. Well wishes were also extended to Angela Daley as she resigns her unexpired term. The meeting adjourned at 8:35 P.M. rcrer y 4i- 6/7:21/i d Approved Chairman