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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 • • 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. • • • 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.