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02-05-1987 Regular Meeting• Jhores` llage F L OR ID A CODE ENFORCEMENT BOARD MEETING February 5, 1987 A regular meetingof the Miami Shores Village Code Enforcement Board was. held on February 5, 1987, In the absence of Santos Rivero; Vice Chairman, Art Taylor called the meeting to order at 7:35 P.M,, at the Miami Shores Village Hall, with the followinghaembers present: Arthur H. Taylor, Vice Chairman Franklin E. Grau Thomas L. James William Schroeder Sandy Sottilare Julie A. S. Williamson Absent: Santos Rivera, Chairman Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1, MINUTES - December 4, 1986 The minutes of the meeting of December 4, 1986 were approved, as read, by a motion made by_Mr. Schroeder, seconded by Mr. Sottilare, and passed unanimously, 2. HEARING, CASE NO, 86-3972177 Judith Williams, 86 N. E. 95th ST. VARIOUS VIOLATIONS Mr. LuBien read the facts behind the violation, noting the problem with the boats has been resolved. The trailer remains on the property and business operation continues. Members reviewed photographs. Mrs. Judith Williams, 54 N. E. 95th St,, her step son Richard Williams, 86 N, E. 95th St,, and Mr. LuBien and Mr. Wilson were sworn in. Mr. LuBien stated that the trailer and station wagon are used for the transportation of plants for rent; a business operation in a residential zone. No occupational license can be issued for the open display of this operation. Mrs. Judith. Williams. noted that Richard neither receives or buys or sells plants at 86 N. E. 95th St,, He simply stores the plants in the back yard for convenience. Richard Williams stated that he does have a business, Kelly Green, 4001 N. W. 2nd Ave, which is his mailing address, in .a business district, where he received material and supplies for the business. The plants stored in the yard at 86•N. E. 95th St. are inventory of.the business. These plants are kept on 'the property for convenience of.caring for them, and transportation to various locations to -be used and then returned, also for economic reasons, There are about 35 plants set in attractive containers on the property. The large trees have been removed; the plants which remain are no higher than 30". The truck is used for transportation -of the plants and it remains on the property at night. There has been no, exchange of money for material or customers invited to the property. CODE ENFORCEMENT BOARD -2- 2/5/87 Mr, LuBien noted that the original notice was sent as a result of observation by himself and the Inspector, but there have been sub- sequent complaints from neighbors. In response to questions from Members, Richard Williams,further stated, his father died about 10 months ago, the attorney handling the estate died also, and now they are waiting for the new attorney to finalize settlement, As the business grows he does hope to obtain another piece of property where he can keep the plants, hefeels a six month ex- tension would allow adequate time to do this. In discussion, Members responded that the utility trailer and the plants must be removed. By his own admission and as evidenced by the number of plants, there is a business operation going on, and while an extension may be considered, six months is too long. Following further discussion, Mr. Schroeder moved for Finding of Fact and Conclusion of Law that the utility trailer and the storage of plant inventory; and the transportation of same as a business operation are a violation of the Schedule of Regulations. Oaered that an Administrative fee of $110.00 be assessed, the trailer will be removed in 15 days, after which a fine of $20.00 per day begins, The business operation will cease in 90 days, after which a fine of .$20,00 per day. will be levied. Motion was seconded by Dr. James, and passed by a unanimous roll call vote. 3. HEARING CASE NO. 86-4100-179 HAZEL M. DUCRET & CHRISTIAN DUCRET, 1175 N. E. 101st ST. UNLAWFUL SCREEN ENCLOSURE Mr. & Mrs. Ducret were sworn in. Mr. LuBien read the facts behind the violation, reconstruction of an unlawful screen enclosure. Photographs were reviewed by Members. Mr. Ducret stated the greenhouse had been in place 17 to 19 years (according to neighbors), he moved into the house in May 1986, and had even reduced the size because of the deterioration; further he noted he repaired what was existing and did not reconstruct. Mr. LuBien advised Members, according to the Code, Planning and Zoning Board approval is not required for an orchid house less than 80 sq ft, but it must conform with the Codes. Further that this is a non conform• ing structure, built without a permit and any such structure cannot be reconstructed after 50% deterioration occurs. Also:this screen enclosure is in the side set back, and it does not conform to the South Florida Building Code. The existing violation is that, the framework is newly installed, the screen newly installed. There was further discussion by the Board and Mr. & Mrs. Ducret. Dr. James moved for Finding of Fact that the violation exists, yesterdays' non-conforming:structure has had 50% deterioration and been reconstructed. Conclusion of Law,, this is a violation of the Schedule of Regulations and 6-4. Ordered that Mr. & Mrs. Ducret must now comply with the Codes of Nism1 Shores Village, an Administrative fee of $110.00 is assessed, and if the structure is not removed in 60 days a fine of $20.00 per day will be levied. Motion seconded by Mr. Grau. • CODE ENFORCEMENT BOARD -3- 2/5/87 Mrs. Williamson moved to amend the motion to read (instead of 50%) substantial renovation occured. The amendment was accepted by Dr. James, and by Mr. Grau,: and passed by unanimous roll call vote. Mr. Taylor explained the Board's decision to Mr. & Mrs. Ducret. 4. AFFIDAVIT, CASE NO. 87-3824-180 GIGI GRAY, 9300 N, BAYSHORE DR. CONSTRUCTION WITH PERMIT, Mr. LuBien passed photographs for Members to review; as he read the facts behind the violation. Mr. Sottilare moved to proceed to the next step, seconded by Dr. James, and carried unanimously. 5. AFFIDAVIT, CASE N0, 87-3895-181 FLOSSIE HAYNES, 190 N, W. 98th ST. CONSTRUCTION WITHOUT PERMIT. Members reviewed photographs. Mr. LuBien read the facts behind the violation. Ms. Flossie Haynes had represented herself as the owner of the property. The tax roll indicated that Hulan W. smiley of Georgia is the owner of record, and because of this, Mr. LuBien addressed a letter to him, along with copies of all pertinent documents to apprise him of the case. • Mr. Sottilare moved to go to the next step, seconded by Mrs. Williamson, and passed unanimously. 6. AFFIDAVITS CASE NO. 87-4173-182 BARBARA PENDERGAST, 712 N. E, 95th ST. UNLAWFUL FENCE, NO PERMIT. Members reviewed photographs of the unlawful fence violation, Mr. LuBien stated the notices were returned unclaimed.. He and the Inspector attempted hand delivery, but in spite of the fact that lights were visibly on, and apparent movement inside, there was no response. Mrs, Williamson moved to proceed to the next step, seconded by Dr. James, and carried unanimously. 7. AFFIDAVIT, CASE NO, 87-4175-183 SANDRA GALLAGHER, 360 N. W. 112th TERR. VARIOUS VIOLATIONS Mr. LuBien read the facts behind the numerous violations which have been occuring intermittently since early 1984. Members reviewed photographs of the violations. Mrs, Williamson made a motion to go to the next step, seconded by Dr. James, and passed unanimously. • • • CODE ENFORCEMENT BOARD -4- 2/5/87 8, REPORTS FROM PREVIOUS MEETINGS A, CASE NO, 86-3922-176 MARIE & PAUL ST. FLEUR, 65 N, W, 110th ST, VARIOUS VIOLATIONS Mr. LuBien reported that there has been no change in this situation, Marie St. Fleur told Mr, LuBien that she would be in touch with an architect who will have plans in by January 15, 1987 for the Planning & Zoning Board meeting of January 22, 1987. He showed up on February 4, 1987 with plans which were incomplete. The fine and lien will go into effect as ordered at the Hearing. Members concurred that action should proceed. B. CASE NO. 86-3983-178 JANET EDOUARD,.215 N. W. 111th ST. VARIOUS VIOLATIONS Mr. LuBien noted that this was a case where the owner was having difficulty getting the roofer to complete his job. After a call by Mr. LuBien to the contractor, tiles were delivered and subsequently put in place. The soffit, and fascia have been repaired, and there is a bit of clean up to be done. The meeting adjourned at 9:00 P.M. ` -� ;��G� ��� re ary Approve Arthur H. Taylor, Vice Chai