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03-05-1987 Regular Meeting• crntage F L OR ID A CODE ENFORCEMENT BOARD MEETING March 5, 1987 The,.Miami Shores Village. Code Enforcement' Board: regular meeting was held on March 5., 1987. The meeting was called to order by Chairman Rivero at 7:30 P.M.,' at the Miami Shores Village Hall, with the following members present: • Santos Rivero, Chairman Thomas L. James Sandy Sottilare Arthur H. Taylor Julie.A, S. Williamson Absent: Franklin E. Grau and William Schroeder Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES - February 5, 1987 The minutes of the meeting of February 5, 1987 were approved, as read, by a motion made by Dr. James, seconded by Mr. Taylor,. and passed by unanimous vote. 2. HEARING, CASE NO. 87-3824-180 GIGI GRAY, 9300.N. BAYSHORE DRIVE CONSTRUCTION WITHOUT PERMIT Members. reviewed photographs as Mr. LuBien read. the facts behind the violation, construction work without a permit.' Owner submitted application to Planning & Zoning Board which approved subject to certain revisions. No further action.was taken. by applicant. Mrs. Gray was swornin along. with Mr. LuBien and Mr. Wilson. Mrs. Gray stated she does not understand what it is shemust. do to comply. She presented an estimate for work to correct the violation in a week to ten days but was told by others that no permit is required for correction. Mr LuBien noted that the original work was done without a permit, or seal- ed plans by an Engineer or Architect. The sketches presented to the Planning & Zoning Board were not approved because of the solid.roof sheeting. Members suggested the more open trellis is acceptable, and Mr, Laubenthal drew a rough sketch:of acceptable revisions. Mrs. Gray .noted that plans for a cabana had been originally approved. After the death ofMr, Gray there was no need for the cabana and she was left with the concrete pad,, and.so a visiting friend made the cover. Much discussion followed concerning the seal and signed plans required from an engineer or architect. • • CODE ENFORCEMENT BOARD -2- 3/5/87 Mr. Taylor moved for Finding of Fact that the construction.of.non- conform- ing structure was installed without a permit. Conclusion of -Law that this is a violation of 6-4 of the Zoning Ordinances, and ordered that if the violation is not corrected in forty five days a.fineof: $10.00 per day become effective and there be no Administrativefee, Julie Williamson seconded the motion. Mr. Sottilare offered an amendment that if compli- ance is not met in the forty five days the Administrative fee of $110.00 be attached to the fine. of $10.00 per day, seconded by Dr. James. Mr..Tayior and Mrs. Williamson accepted the amendment, the question was called. The motion carried by unanimous roll call vote. 3. HEARING, CASE NO. 87-3895-181 FLOSSIE HAYNES, 190 N. W. 98th ST. CONSTRUCTION WITHOUT PERMIT Mr. LuBien noted the accessory building was constructed.in set back without a permit. Members reviewed photographs of the violation. Don Livingston, Atty, 7711 S. W. 62nd Ave, South Miami was sworn in. As representative for Mr'. Smiley's son, he stated that he was made aware of the situation on February'21, 1987 and met with Mr. LuBien on February 23rd. The violation is clearly understood by himself,, and he has explained this to Mr. Smiley who understands Mrs. Haynes was incorrectly advised at the time of construction. Mr. Livingston further stated that`Mr. Smiley:repre- sented to him that the:structure can be removed within 30 days. Following discussion concerning length of time to take any action since the first notice of June 1986, Mrs. Williamson moved for Finding of Fact the structure is a violation, Conclusion of Law this is a violation of the Schedule of Regulations and Sec 6-4, ordered that:aft Administrative fee of $110.00 be assessed and if after 30.days the violation is not brought into compliance, a fine of $15.00 per day will be levied, seconded by Mr. Taylor. The motion carried by a unanimous roll call vote. Mr. Rivero explained the motion to Mr. Livingston. 4. HEARING, CASE N0. 87-4173-182 BARBARA PENDERGAST, 712 N. E. 95th ST. UNLAWFUL FENCE, NO PERMIT Facts behind the violation were recited by Mr, LuBien, Members reviewed photographs. Mr. LuBien noted that a.portion of the fence has been removed, the fence at the side and rear is in excess of height limit and constructed in violation of the South Florida Building Codeand withouta permit. John Pendergast was sworn in and stated he was not aware that he needed a permit, He removed .the fence to createaccess for pool construction, and then put it back at 5'4", which he wishes to keep until the hedges are back over 51, so that he can have privacy. Discussion followed concerning a hedge and/or fence over 5', also the inspec- tion which will take place at the time a permit is applied for. • • • CODE ENFORCEMENT BOARD -3- 3/5/87 Mrs. Williamson moved for Finding of Fact the fence is in excess of height limitation and constructed without a permit, Conclusion of Law that these are violations of Sec 6-4, 518(a) and South Florida Building Code 2915.1(b); ordered that an Administrative fee of $110.00 be assessed, and if the violations are not corrected in 45 days a fine of $15.00 per day will go into effect, motion seconded by Mr. Taylor, andcarried unanimously by a roll call vote. The decision. of the Board was clearly stated for John Pendergast, 5. HEARING, CASE NO, 87-4175-183 SANDRA GALLAGHER, 360 N. W. 112th TERR. VARIOUS VIOLATIONS Members reviewed photographs.,: as Mr. LuBien recited the facts behind the violations. He further stated there has been no change except maybe re- arrangement. The gentleman in. the photographs advised him .the property will be. auctioned in February, but this apparently has not been fact. No one waspresent to represent Mrs. Gallagher. Mr. Taylor moved for Finding of Fact and Conclusion of Law that violations do exist to Sec 10-1, 10-10, 13-1 and 518(a) of the Zoning Ordinance. Ordered that an Administrative fee of $110.00 will be assessed and that starting tomorrow a fine of $25.00 per day begin. Mrs. Williamson seconded the motion and offered an amendment that the $25.00 per day fine begin in 15 days. This was seconded by Dr. James and carried by a unanimous roll call vote. Mr. LuBien requested that we proceed to Case #7 since Mr. Walters is here to represent himself. 7. BURGLAR ALARM APPEAL CLIFFORD WALTERS 518 N. E. 94th St. Members received in their packets copy of a.letter from Clifford Walters, requesting-this:appeal. and a .log of the' faulty alarms, After being sworn in, Mr, Walters stated he will not dispute the number of times the alarm went off, he does. not feel this is the issue. He feels the faulty alarms should be. counted as one since theyccured over one weekend when he was in Palm Beach visiting his ill father. The system is being worked on but not yet repaired, since parts are on order. The pro- cess has been very expensive and he is concerned about further false alarms the remainder of this year. Mr. Rivero explained to Mr; Walters that the Code Enforcement Board must abide by the Code and rule accordingly. • CODE ENFORCEMENT BOARD -4- 3/5/87 Discussion followed concerning repair and replacement of his system, contracting the. burglar alarm company outlining the problems being caused.and-.the risks involved for all when a system rings faulty or not. It was the consensus that if the system is not working, either the system or the company needs to be replaced. Mr. Taylor moved. to deny the appeal, seconded by Mr. Sottilare, and carried by unanimous vote. Mr. Riven) explained details to Mr. Walters. 6. REPORTS. FROM PREVIOUS MEETINGS A. CASE NO. 86-3972-177 JUDITH WILLIAMS, 86 N. E. 95th ST. VARIOUS VIOLATIONS Mr, LuBien.reported that the trailer wasremoved within the specified time set by the Board. Two months remain to comply with removal of the business operation. B. CASE NO. 86-4100-179 HAZEL M, DUCRET & CHRISTIAN DUCRET, 1175 N. E. 101st ST. UNLAWFUL SCREEN ENCLOSURE No action has been taken, but Mr.. Ducret hasthirty days more • with which to comply. There being no further business, the meeting adjourned at 8:30 P.M. 4 aL14/ ecr ary •