12-04-1986 Regular Meeting•
Crhorenillage
FLORIDA
CODE ENFORCEMENT BOARD MEETING
December 4, 1986
A regular meeting of the Miami Shores Village Code Enforcement Board
was held on December 4, 1986. The meeting was called to order at 7:30 P.M.
at the Miami Shores Village Hall, by Chairman Santos Rivero, with the
following members present:
Santos Rivero, Chairman
Franklin E. Grau
Thomas L. James
William Schroeder
Sandy Sottilare
Arthur H. Taylor
Julie A. S. Williamson
Also. present: Frank LuBien, Code Enforcement Director
Jack Wilson, Code Enforcement Inspector
1. MINUTES - November 6, 1986
In the first paragraph, the minutes will be corrected to read, Chairman,
Santos Rivero.
The minutes of the November 6th meeting were approved, as: corrected, by a
motion made by Mr. Taylor, seconded by Dr. James, and carried unanimously.
• 2. HEARING, CASE NO. 86-3922-176
MARIE & PAUL ST. FLEUR, 65 N. W. 110th ST.
VARIOUS VIOLATIONS
•
Mr. LuBien read the facts behind the violations; unlawful parking slab,
unlawful utility shed, all work done without permit. Members reviewed
photographs,
Mr. LuBien advised the Board that Notice of Hearing are sent regular mail,
and certified mail. He had a receipt from the Post Office, but not the
return card, and the regular mail has not been returned. Also a copy of
the agenda was mailed.
Neither Marie C. nor Paul St. Fleur attended the meeting.
In response to query, Mr. LuBien explained, in order to comply, the slab
would need to be cut back by about 8', the shed relocated, and the open
structure removed.
Mr. Rivero explained to Members the St. Fluers' were given every opportunity
to respond to notices and to attend this meeting.
Mr. Schroeder moved for Finding of Fact the violations exist, Conclusion of
Law, that Sec. 516(e), Schedule of Regulations, and 6-4 are violations, and
that an Administrative fee of $110.00 be assessed, and if violations are not
corrected in thirty days, a fine of $15.00 per day be levied. Motion seconded
by Mr. Taylor.
CODE ENFORCEMENT BOARD MEETING -2- Dec. 4, 1986
Mrs. Williamson offered an amendment to set the fine at $10.00 per day
afterthirty days, seconded by Mr. Grau.
Mr. Schroeder refused the amendment. The question. was called and the
motion carried by a unanimous roll call vote.
3. HEARING, CASE NO. 86-3972-177
JUDITH WILLIAMS, 86 N. E. 95th ST.
VARIOUS VIOLATIONS
Mr. LuBien read the facts behind the violations; -one boat parked with
trailer extending into the alley right of way, another boat with a 'for
sale' sign parked on the front parkway, and a business operation.
Photographs were reviewed by Members.
Mr. LuBien further explained, that Mrs. Williams hadcome in to purchase
a copy of the code, and requested a list of Board Members. Members
attention was called to the letter she sent each Member, stating her belief
that she is not in violation, and further requesting delay since she is
unable to attend this meeting. Also the violation continues, plants have
been re -arranged, and poinsettias have been added.
Mr. Taylor moved that in view of the request, action be tabled to the next
meeting, and a letter be sent to Mrs. Williams informing her of this:
action, and the importance of her presence at that meeting. Motion seconded
by Mr. Grau.
Discussion followed, concerning ownership of one of the boats as the letter
indicated. Mr. LuBien advised Members that he will attempt to determine
the proper owner and take appropriate action. If it should become an
obvious nuisance a special meeting can be called, since there will be no
meeting in January.
The question was called, the motion passed by the following roll call vote:
Wiliam Schroeder No
Thomas L. James Yes
Arthur H. Taylor Yes
Sandy Sottilare Yes
Franklin Grau Yes
Julie Williamson Yes
Santos Rivero Yes
Mr. Grau stated that in light of the fact that there will be no meeting in
January, the first case be amended to correct the violation in sixty days,
rather than 30 days. Mr. Sottilare seconded the motion for discussion. He
stated there is a definite difference in the two cases. The first being a
serious building violation case, the parties have been in contact with
Mr. LuBien, representation was made that correction will be made, yet no
action was taken. This case involves primarily an unsightly violation with
no detriment to the community.
Much discussion continued, concerning the point that each case is different
and stands on its own. -The question was called and the motion failed by
the following vote.
Mr. Schroeder Yes
Dr. James No
Mr. Taylor No
Mr. Sottilare No Mrs. Williamson Yes
Mr. Grau Yes Mt. Rivero No
CODE ENFORCEMENT BOARD MEETING -3- 12/4/86
4. HEARING, CASE NO. 86-3983-178
• JANETT EDOUARD, 215 N. W. 111th ST.
VARIOUS VIOLATIONS
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Mr. LuBien read the facts behind the original violations, and also
stated, the inoperable vehicle had been removed, and major auto -repairs
stopped, the roof, fascia, and soffit work remains incomplete. The roofer
called on November.6th stating that the roof will be finished in two weeks.
Members reviewed photographs of the violation.
Janett Edouard, who lives in the house, her sister Marie Fleurimont, owner,
Mr..LuBien and Mr. Wilson were sworn in.
Marie Fleurimont testified that she had signed an agreement with American
Roofing to do the work.. She presented cancelled checks and contract
indicating payments made, she further stated that each time -the -roofer is
called he states that the tiles will be put on as soon as they arrive.
Mr. LiBien recommended that, in light of the fact the owner has attempted
to comply, the Administrative fee be waived and sixty days be allowed for
compliance.
Discussion followed. A permit was issued on April 14, 1986...Mr. LuBien
will help by calling the roofer himself, in the hopes this might generate
some action.
Mrs. Williamson moved for:Finding of Fact the roof remains incomplete, a
violation of Sec 12-133, if not corrected in sixty days a fine of $:10.00
per day will commence. The Administrative fee is waived. Motion was
seconded by Mr. Grau, and carried by a unanimous roll call vote.
Mr..Rivero explained the action of the Board. Mr. LuBien will help, but
Mrs. Flouriment was further advised it is ultimately. her responsibility
to get the problem corrected, whatever it takes. She was advised to
contact her attorney concerning the matter, and send a letter to American
Roofing explaining the situation.
5. REPORTS FROM PREVIOUS MEETINGS
A. CASE NO. 86-4011-172
TYE BUCK & MARCUS EBERT, 9404 N. MIAMI AVE.
UNLAWFUL STRUCTURES
Arrangements are being made. to correct the problem. Plans have
been submitted and scheduled to be reviewed by the Planning &
Zoning Board Dec. 11, 1986 meeting.
B..CASE NO. 86-4011-173
JOSEPH ('.ART,0, 9136:N. -MIAMI AVE.
NUMEROUS VIOLATIONS
Mrs. Hildebrand, owner of the property.. called to. say the violations
have been corrected. Mr. LuBien reported further that except for
poor housekeeping, the yard is cleaned up.
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CODE ENFORCEMENT BOARD MEETING -4- 12/4/86
C. CASE NO. 86-4054-174
ROBERT BIRDWELL, 9333 N. MIAMI AVE.
OVERSIZE MOTOR HOME
The motor home has not been seen at the property. $110.00
Administrative fee has been paid.
D. CASE NO. 86-4025-175
LAWRENCE LANCASTER (TENANT) - JEFFREY BRAUN (OWNER)
600 N. E. 97th ST.
OPERATING "A BUSINESS IN RESIDENTIAL ZONE.
Mr..Lancaster came in.and paid the $110.00 Administrative fee.
The premises were .checked, and found completely vacated.
6. AFFIDAVIT, CASE NO. 86-4100-1.79
HAZEL M. DUCRET & CHRISTIAN DUCRET, 1175.N. E. 101st ST.
UNLAWFUL SCREEN ENCLOSURE
Mr. Christian Ducret indicated his presence simply as observer. He
realized that.this is not a Hearing.
Mr. LuBien recited the facts behind the violation to Sec 6-4 and the
Schedule of Regulations. Members reviewed photographs .
Mr. Ducret responded to notices that he had reconstructed the existing
structure. Mr. LuBien advised that, this is evidenced by the newness
of the structure, none the less a permit is required and subject to all
laws and regulations.
Mr. Grau moved to proceed to the next step, seconded by Mrs. Williamson,
and passed by the following vote:
Mr. Schroeder Yes
Dr. James Yes
Mr. Taylor No
Mr. Sottilare Yes
Mr. Grau Yes
Mrs. Williamson Yes
Mr.. Rivero Yes
7. A motion was made by Mr. Taylor to cancel the January 1st, 1987 meeting,
seconded by Dr. James, and passed unanimously.
The meeting adjourned at 8:30 P.M.