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05-07-1987 Regular Meeting• • storm Jhoze llage P L O R 1 O A CODE ENFORCEMENT BOARD MEETING May. 7, 1987 The Miami Shores Village Code Enforcement Board regular meeting was held bn'May 7, 1987. The meeting was called to order by Chairman Santos Rivero at 7:30 P.M.:, at the Miami Shores Village Hall, with the following members present: Santos Rivero, Chairman Franklin E. Grau Thomas 1. James Sandy Sottilare Julie A. S. Williamson. William Schroeder Absent: Arthur H. Taylor - Letter of resignation Also present: Frank LuBien, Code Enforcement Director Jack Wilson, Code Enforcement Inspector 1. MINUTES - April 2, 1987 The minutes of the meeting of April 2, 1987 were approved, as -written, by a motion made by Mr. Sottilare, seconded by Mr. James, and passed by unanimous vote. 2. HEARING, CASE NO. 87-4222-184 JOHN COLLINS, 11016 N. W. 2nd Ave. VARIOUS VIOLATIONS Mr. LuBien.recited the facts behind the violation as an overgrown and unsightly yard, peeling paint from roof running on awnings and inoperative vehicles. Inspection today evidenced a cleaned up yard and the roof and awnings painted. The two inoperable vehicles remain with:New York license plates, with no expiration, date on the tag. Mr. Collins, Mr. LuBien, and Mr. .Wilson were sworn in. Mr. Collins testified that only one car has a NewYork plate,. the other has a Florida tag and registration. The air was taken out of the tires because of attempted theft several times. Mr. Wilson stated that, he would request more time to check. out the validity of the registrations,.the license plates, and the statement that the vehicles are operable. Mr. LuBien stated, both vehicles had New York plates and the .Florida plate was attached subsequent to inspection. This was attested to by Mr. Collin's statement. Following discussion, Mr. Sottilare moved.to.defer.judgement for thirty days to give the Code Enforcement Department time' to determine -if in fact the 2nd car is in compliance. The Administrative fee will be tabled, and if subter- fuge exists the Administrative fee will be assessed at. that time. Motion seconded by Mr. Schroeder, and passed by the following roll call vote: Mr. Schroeder. Yes. Mr. James Yes. Mr, Sottilare Yes Mr. Rivero No • • • CODE ENFORCEMENT BOARD -2- 5/7/87 Mr. Rivero and Mr. Sottilare explained the decision of the Board to Mr. Collins. Mr. Grau arrived at this point. 3. HEARING, CASE NO. 87-4275-185 WILFRID PIERRE, 24 N. W. 109th St. UNLAWFUL FENCE Mr. LuBien read the facts behind the violation as construction of a fence being in the alley right-of-way, further he noted the reed fence has been removed and the slated section taken down and standing loosely in the back yard. Mr. Pierre was sworn in, and testified that he put up the picket fence, then added the reed for privacy. He stated he did not obtain a permit because the cost was not more than $50.00, but upon receiving the notices he removed the reeding and the pickets. Mr. Pierre noted he does have intentions of rolling up the fence and storing it. He; also appealed to the Board to waive Administrative fee, so that he might. use this money to obtain a survey and permit for a better fence. Discussion followed and Mr. LuBien clarified thethree separate violations. Mr. Grau moved for:Finding of Fact and Conclusion. of Law. that: violations to Schedule of Regulations, Sec 518(b) and 6 -4 -did exist, but have been corrected, that Mr. Pierre be assessed $110.00 Administrative fee, seconded by Mr. Sottilare. Following further discussion, the motion passed by the following roll call vote: Mr. Schroeder No Mr. James Yes Mr. Sottilare Yes Mr. Grau No Mr. Rivero Yes The Board's decision was clarified for Mr. Pierre. 4. HEARING, CASE NO. 87-4278-186 FELIX ATILES-FIGUEROA, 262 N. E. 103rd St. NO GARBAGE CONTAINERS The facts behind the violation as cited by Mr. LuBien are loose garbage and trash on.the premises and in the alley. No proper containers. Inoperable vehicles in the front yard. Members reviewed photographs, as Mr. LuBien continued, the vehicle has been removed. During inspection today he observed an overflowing can, and the garbage situation as bad as ever to a greater or lesser degree. This is a recurring violation over a lengthy.period of time, and there have been numerous complaints. After being sworn in, Mrs. Atiles-Figueroa testified that Mr. LuBien's statements are true, but neighborhood cats and dogs turn the cans over, also her garbage cans -have been stolen. • CODE ENFORCEMENT BOARD -3- 5/7/87 Much discussion continued concerning having a sufficient number of cans, securing them properly, and having the children (8 & 10 years) help in keeping the area clean. The need for paint on the masonry fence was mentioned. Mr. Schroeder moved for Finding of Fact there is a violation, Conclusion of Law Sec. 9-2(c) is the Code violated. Further, that Mrs. Atiles-Figueroa be assessed an Administrative fee of $110.00, and if the violation is not corrected in 10 days a $25.00 per day fine be levied. Also he would like to see the masonry fence painted. Mr. James seconded the motion. Discussion continued, concerning the procedure fora recurring violation so as to avoid the longer process. It was determined that the Code Enforcement Officials continue to monitor the problem, and should the violation recur the case will then go directly to Hearing. The vote was called and the motion carried by a unanimous roll call vote. The entire motion and decision of Members' was interpreted for Mrs. Atiles- Figueroa in Spanish by Mr. Rivero. 5. HEARING, CASE NO. 87-4279-187 FRANCISCO VARELA, 130 N. W. 97th ST. Construction Work Without Permit Members reviewed photographs of the violation, as Mr. LuBien stated the fact that construction work was performed without a permit. Mr. Varela and his -Attorney, Jose Batista, 1840 W. 49th St., Hialeah, were sworn in. Mr. Batista stated that Mr. Varela was out of. the country, but when he returned and found the notice he did come in to obtain a permit, a copy of which was reviewed by Members. Mr. LuBien noted the facts on the permit were misrepresented in that some windows were removed and doors installed with no landing. Also the permit states - no structural changes, but yet an existing door ,was blocked up. Mr. Batista, in discussion requested thirty days to allow time to obtain a permit, and come into compliance. Mr. Grau made. a motion for Finding of Fact, that a violation. does exist, Conclusion of Law, this is a violation of 6-4 of the Village,. Code. Ordered that Mr. Varela be assessed $110.00 Administrative fee, and if he does not obtain.a permit for all the work done, and the work to be done:to comply with the Code in 30 days, a fine of $25.00 per daywill be charged. The motion was seconded by Mr. James, and passed by a unanimous roll call vote. Mr. Grau clarified work to be performed to be in compliance. Mr. Rivero explained the Board's decision. Mrs. Williamson arrived at this point. • Since Mr. Aguilera was absent meeting focused on #7 on the agenda. • • • CODE ENFORCEMENT BOARD -4- Nay 7, 1987 7. HEARING, CASE NO, 87-3657-189 JULIA MASHAMESH, 1 N. W. 110th ST. PARKING TOW TRUCK IN RESIDENTIAL ZONE Members reviewed photographs as Mr, LuBien recited. the facts behind the violation, a tow truck parked in residential zone going back to July 1985. There have been numerous complaints off and on since that time. Upon being sworn in, Mrs. Mashamesh stated that the truck belongs to her son. He tomes by to eat or use her bathroom and:often she doesn't know he is there. He is a sick man and going back fortreatment soon, she hopes. She further stated she will make efforts to get rid of the tow truck. Following discussion, Mrs. Williamson.moved for. Finding of Fact and Conclusion of Law there is a violation of the Schedule of. Regulations, that Mrs. Mashamesh be assessed an.Administrative fee of:$110.00, and a $10.00 per day fine if the truck is not removed permanently in 60 days. Motion was seconded by Mr. Sottilare. Discussion continued and Mrs. Mashamesh was warned, that should the truck reappear, the case will move directly to Hearing. The motion carried with unanimous roll call vote. 6. HEARING, CASE NO. 87-2708-188 ALEJANDRO AGUILERA, 1276 N. E. 93rd ST. 2 BOATS. IN FRONT YARD Mr. LuBien stated this is a recurring violation and due to previous warnings to Mr. Aguilera this has come directly to Hearing. Members reviewed photo- graphs as. Mr. LuBien noted dates one or two boats..were photographed in the front yard over a period of approximately two weeks, There was no response to notices sent both by regular mail and certified mail. Mrs. Williamson moved for Finding of Fact that boats are parked in the front yard, Conclusion of Law this is a violation of Sec. 501-(r)(1)(i) & (ii) of the Village Code and pursuant to prior order an Administrative fee of $330.00 be assessed, seconded by Mr. Sottilare, and carried by a unanimous roll call vote. 8. AFFIDAVIT OF VIOLATION,CASE NO. 87-4213-190 THOMAS & JOAN PORTER, 186 N. E. 106th ST. UNLAWFUL HEDGE The facts behind the violation as recited by Mr. :LuBien is a oversize hedge, first observed 7/14/83. The hedge was trimmed in response to notice sent. At the present time the hedge is well over the height limitations, and extends into the alley and sidewalk right -of way. Members reviewed photo- graphs of the violation. Mr. James moved to proceed to the next step, seconded by Mrs. Williamson, and passed unanimously, • • • CODE ENFORCEMENT BOARD -5- 5/7/87 9. REPORTS FROM PREVIOUS MEETINGS A. CASE NO. 86-3972-177 JUDITH WILLIAMS, 86 N. E. 95th ST. VARIOUS VIOLATIONS Mr. LuBien reported that all signs of the violation have been removed and the place is clean and tidy. B. CASE NO. 87-3895-181 FLOSSIE HAYNES, 190 N. W. 98th ST. CONSTRUCTION WITHOUT PERMIT The slab still remains and Mr. LuBien has not determined if this bit of work is a strict violation of the Code. He has taken no action. C. CASE NO. 87-4173-182 BARBARA PRENDERGAST, 712 N. E. 95th ST. UNLAWFUL FENCE Mr. LuBien reported that Ms. Prendergast has complied. Mr. LuBien advised Members, it is a mistake to compare one case to another, especially in front of people being cited before the.Code Enforcement Board. Each case is different and should be dispensed with accordingly. Mr. Rivero passed around the letter of resignation from Mr.. Arthur H. Taylor, who served the Board faithfully and well. Mr. Grau moved to have a letter sent to Mr. Taylor expressing the appreciation of Members for his efforts on behalf of Miami Shores Village. The Secretary will draft a letter commending Mr. Taylor. Members were asked to keep in mind the vacancy and make recommendations for some- one to fill the vacancy. Also a Vice Chairman to be elected at the next meeting. to fill that vacancy. The meeting adjourned at 9:15 P.M. Chairman