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11-06-1986 Regular Meeting• cJ411Q1121 CrhOrentlage FLORID A CODE ENFORCEMENT BOARD MEETING November 6, 1986 A regular meeting of the Miami Shores Village Code Enforcement Board was held on November 6, 1986. The meeting was called to order at 7:30 P.M. at the Miami Shores Village Hall, Chairman, Santos Rivero, with the following members present: Santos Rivero, Chairman Franklin E. Grau Thomas L. James Sandy Sottilare Arthur H. Taylor Julie A. S. Williamson Absent: William Schroeder Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code. Enforcement Inspector 1. MINUTES - October 2, 1986 Mr. Taylor moved to approve, as written, the minutes of the meeting of October ,2, 1986, seconded by Mr. Sottilare, and carried unanimously. 2. HEARING, CASE NO. 86-4011-173 • JOSEPH CARLO, 9136 N. MIAMI AVE. NUMEROUS VIOLATIONS, • Mr. LuBien cited the facts behind the violations as Members reviewed the photographs. He noted that the yard is overgrown and unsightly with loose trash, a welding shop is in the garage, storing junk vehicles and equipment in the yard and insufficient parking spaces. Some action was taken. As of todays' inspection most of the equipment in the yard is gone, miscellaneous items are still in the yard, one truck remains, and there is an overgrowth and scaffolding in back of the garage. We have not been able to determine if any welding equipment has been removed. Mr. LuBien, Mr. Wilson, and Joseph Carlo were sworn in. Mr. Carlo testified he has no welding shop in his garage, as had been reported. The windows, mechanic tools, scaffolding, and other equipment he, brought with him when he moved into the house. The vehicles have been moved and he paid someone to clean up around the place. In response to questions from Members, Mr. Carlo stated the truck needs a transmission. He has no -place to move his tools and must keep them in the garage. He is a welder by trade and contracts jobs for others. Mr. Sottilare advised him that he is not permitted to use his welding equipment at his home for the benefit of others. Mrs. B. P. Hildebrand was sworn in. She stated she is the owner of the property and is renting to Mr. Carlo with the option to buy. Further that she has examined the property and found it to be immaculate. There are some tools and a table stored in the garage. • CODE ENFORCEMENT BOARD -2- 11/6/86 Mr. Hildebrand was sworn in to rebuttal a previous statement. He testified that he considers himself an expert mechanic, he had been in the construction trade for 35. years and feels qualified to state the tanks full or empty pose no threat to the neighborhood or the Village. He feels that to be cited for the overgrowth of weeds is ridiculous. After further discussion, Mr. Taylor moved for Finding of Fact that there is a violation. Conclusion of Law, that these are violations to Schedule of Regulations, Sec 501(k), and 10-1 of the Code. Ordered that Mr. Carlo shall remove all welding equipment, tanks, welding table, all scaffolding, and inoperable vehicle, plus clean up the yard, all within 30(days, or face a fine of $15.00 per day thereafter. Also that an Administrative fee of $110. be assessed. Motion was seconded by Mr. Sottilare, and carried with the following roll call vote: Mr. James Yes Mr. Taylor Yes Mr. Sottilare Yes Mr. Grau Yes Mrs, Williamson Abstain - Arrived late in discussion. Mr. Rivero Yes Mr. Rivero explained that the $110.00 Administrative fee is due at this time, and should there be questions concerning what has to be done to comply within the 30 days, Mr. LuBien.should be contacted. Mr. Sottilare further qualified the position of the Board. • 3. HEARING, CASE NO. 86-4054-174 ROBERT BIRDWELL, 9333 N. MIAMI AVE. OVERSIZE MOTOR HOME • Members reviewed photographs, as Mr. LuBien outlined the recurring violation of an oversized motor home parked in front of residential zone. It has not been observed since the last photograph of September 23, 1986. Mr. Birdwell was sworn in and stated the motor home has been permanently moved to his home in Tennessee. He presented letters to the Board indicating his reasons for moving to Tennessee, and stated the house is for sale. Following further discussion, Mrs. Williamson moved for Finding of Fact,that Mr. Birdwell was in violation , Conclusion of Law this is a violation of Sec.501(s), and ordered that should the violation reoccur, a fine of $50.00 per da)ibe levied, also an Administrative fee of $110.00 is assessed. Motion was seconded by Mr. Taylor. Mr. Grau offered an amendment that the imposed fine be modified to $20.00 per day, seconded by Mr. Taylor. Mrs. Williamson further clarified her amendment that the fine begin at the first siting by the Code Enforcement Director, Mr. Taylor seconded, and the motion carried with a unanimous roll call vote. The action of the Board was explained to Mr. Birdwell who stated he will pay the Administrative fee immediately, but upon being told the cash could not be recegted, at this time, stated he will be in tomorrow A.M. to pay it. • • • CODE ENFORCEMENT BOARD -3- 11/6/86 4. HEARING, CASE NO. 86-4025-175 LAWRENCE LANCASTER (TENANT) - JEFFREY BRAUN (OWNER) 600 N. E. 97th ST. OPERATING A BUSINESS IN RESIDENTIAL ZONE Mr. LuBien noted he has only one photograph taken last Saturday. The violation inspection was made in response to complaints and numerous phone calls. Cars and trucks have been observed at the residence. The situation had been discussed with Mr. Braun and Mr. Lancaster on Monday of this week. He inspected inside the residence, verified that Mr. Lancaster does live in the house with his son, a portion of the house is used as office space. There was no visible evidence of truck traffic in and out of the area, at this time. The complaints from neighbors have been nunero.us. On Tuesday, November 4, 1986,early A.M. the same truck was observed at the premises. Early today a heavy truck with roller on back was observed leaving the Chapel parking lot. Further he suggested that the people who are interested in this case" and came out for this meeting be heard. Mr. Braun and Mr. Lancaster were sworn in, as well as all other parties who will give testimony. Mr. Lancaster stated that in the beginning there was sone equipment, and much business operation at the residence, he was not aware that this was a violation. Heavy trucks and workmen no longer come to the house, but when it is necessary they have been told to park away from the house. Further Mr. Lancaster does not have a Miami Shores Village Occupational License, stating that he did not know he needed one. Mr. Braun stated he lives in Boca Raton, and leased the house to ?: Mr. Lancaster, with the option to buy. Mr. Lancaster is an upright and active member of the Community. On his many visits to Miami he had observed a truck at the site only once. He invited Mr. LuBien to take a look inside the house, and was never told that a Miami Shores Village Home Occupational License is required. It was clarified that this type of business with heavy equipment and outside employees does not qualify as a Home occupation. The first witness called was Andrew Arslanian,.639 N. E. 97th St.. He noted that.they live on a beautiful street in Miami Shores. He and his wife both work and are unable to observe daily activities at the questioned house. About 3 or 4 weeks ago on a Friday evening he was returning home and observed a group of men sitting on the hoods of cars drinking and talking, he could only surmise that Friday is pay day and they were there waiting for pay checks. This was a disturbing situation to he and his wife. Ann Nenstiel, 622 N. E. 97th St., Ms. Nenstiel noted that she probably filed the original complaint, and she presented photographs.which she had taken of the violation. Though the activity has been reduced, it does continue in front of and in the alley of the house also in the McArthur Chapel parking lot to the rear of the house. Men haliitealbserved in and out, using the phone, and heavy activity on Friday evening especially. • CODE ENFORCEMENT BOARD -4- 11/6/86 Harriet Nenstiel, 622 N. E. 97th ST.. She confirmed previous testimony and business activity at the said residence. She further testified that as of 6:15 P.M. this evening she checked with the telephone company, and it was verified that Lancaster Paving is operating at 600 N. E. 97th St. with the same phone number. Mrs. Marian Mosheim, 623 N. E. 97th St., Mrs. Mosheim testified that the activity has been curtailed somewhat, however the truck comes and goes, and activity continues in the McArthur Chapel parking lot. Ethel Cash, 623 N. E. 97th St.. She noted that a secretary and a bookkeeper come every day, and on Friday between 2-5:30 P.M. business picks up consider- ably. :(Surmising this is pay time.) George B. Knight, 655 N. E. 97th St.. Mr. Knight has observed trucks at the residence. The small cars which come each morning are never there during the evening or on weekends. (Testimony that these are probab.ly employees.) Gail Posey, 655 N. E. 97th St.. Ms. Posey testified that all the neighbors are present for the same reason, to complain of the business activity in their lovely neighborhood. She doesn't see as much activity as before, but it does continue. Much discussion continued allowing Mr. Lancaster discretionary rebuttal, considering the number of witnesses. He stated that he has a maid who comes to the house occasionally, also much of the activity reported is with his son and his friends. The secretary is no longer with him. In response to other questions, Mr. Lancaster stated that he does own a pick up truck, his wife and mother-in-law are his secretary and bookkeeper. His mother-in-law does not live at the house, but does come to visit. Further, Mr. Lancaster stated he has no other business address, his payroll is settled and taken care of on the job site. He keeps most of the heavy commercial equipment at job sites, otherwise stored at N. E. 191st St.. He was advised that all commercial vehicles in Miami Shores must be kept in the garage, that no Home Occupational License can be issued because of the heavy type of business at the home, and the situation is conducive to dis- turbing the residential character of the neighborhood. Lancaster Mr. Sottilare moved for Finding of Fact that Mr. Lawrenceais conducting a full time business, known as Lancaster Paving Co. from his home at 600 N. E. 97th St.. Conclusion of Law that this business is a violation of the Schedule of Regulations, and ordered that all items listed in the complaint be removed. Including all office and field supplies, remove the office premises, and business telephones. Stop all employee and equipment traffic to and from the premises. A fine in the maximum amount be levied against the premises. The motion died for lack of a second. Mr. Grau in accepting all provisions of removal of theprevious motion, amended to add an Administrative fee of $110.00, and a fine of $250.00 per day, if compliance is not met in 30 days, seconded by Dr. James. Mrs. Williamson moved to amend the fine to $100.00 per day. Dr. James refused to accept the amendment. No action was taken by the Board. • • • CODE ENFORCEMENT BOARD -5- 11/6/86 Mrs. Williamson moved to approve the stipulation to remove all evidence of the business as made in the original motion. Ordered that an Adminis- trative fee of $110.00 be assessed, and $100.00 per day if compliance is not met by December 3rd, 1986. The motion was seconded by Mr. Taylor, and carried by a unanimous roll call vote. A break in the proceedings was taken at this time. 5. AFFIDAVIT OF VIOLATION, CASE NO. 86-3922-176 MARIE C. & PAUL ST FLEUR, 65 N. W. 110th St. VARIOUS VIOLATIONS Members reviewed photographs of the violations, as. Mr. LuBien outlined the violation of unlawful structure, parking slab, and unlawful utility shed., all work done without a permit. Mr. LuBien further stated_that he had some conversation with Mr. & Mrs. St, Fleur who seemed concerned about their problem, but there has been no action, nor response. Mrs. Williamson moved to proceed to the next step, seconded by Mr. Grau, and passed unanimously. 6. AFFIDAVIT OF VIOLATION, CASE NO. 86-3972-177 JUDITH WILLIAMS, 86 N. E. 95th St. VARIOUS VIOLATIONS Mr. LuBien passed photographs of the violations for Members to review. The violations to Sec 501(1)(ii) and the Schedule of Regulations continue to exist. The boats are still parked at the residence, one with a for sale sign, and the business operation continues. Mr. Taylor moved to go to the next step, seconded by Dr. James, and passed unanimously. 7. AFFIDAVIT OF VIOLATION, CASE NO. 86-3983-178 JANETT EDOUARD, 215 N. W. 111th ST. VARIOUS VIOLATIONS Though some corrections. were made, Mr. LuBien noted that the violations do continue. Photographs reviewed by Members indicate no tiles on the roof, and fascia unpainted. The roofer called to say he would have the job completed in two weeks, but Ms. Edouard, upon request was granted permission for extension before. Mr. Grau moved to proceed to the next step, seconded by Mrs. Williamson, and carried unanimously. 8. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 86-3823-168 TYRONE LIVINGSTONE, 1275 N. E. 94th St. INCOMPLETE C.B.S. WALL Mr. LuBien reported that the wall has been stuccoed over the paint. • • • CODE ENFORCEMENT BOARD -6- 11/6/86 B. CASE NO. 86-3954-172 LEE BUCK & MARCUS EBERT, 9404 N. MIAMI AVE. UNLAWFUL STRUCTURES Mr. Tony Ramos called. Mr. LuBien following his appearance before the Board. at their last meeting. The sticks have been removed, but the»orchid house is still there. Mr. LuBien made suggestion concerning obtaining approval for the orchid house from the Planning & Zoning Board, but there has been no further action. A 60 day time period was granted for correction of this violation, and that time has not yet expired. Board:,Members were requested by the Chairman, to refrain from speaking out of turn and speaking at the same time. The meeting adjourned at 9:00 P.M. ..2,4,42„) ' *uAdi crery