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06-04-1987 Regular Meeting• atiand erhorentage F L OR 10 A CODE ENFORCEMENT BOARD MEETING June 4,. 1987 The Miami Shores Village Code Enforcement Board regular. meeting was held on June 4, 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 F. Rivero, Chairman Franklin E. Grau Thomas L. James Sandy Sottilare Julie A. S. Williamson William Schroeder Also present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code Enforcement Inspector 1. MINUTES - MAY` 7 ,. 1987 The minutes of..the'meeting of May:7, 1987 were approved, as written, by a motion made by -Mr. Schroeder, seconded by Mr.. James, and passed by. unanimous vote. 2. HEARING, CASE NO. 87-4223-190 THOMAS & JOAN'PORTER, 186 N. E. 106th ST. UNLAWFUL HEDGE Mr. LuBien outlined the facts behind the violation to Sec .518(a) of the Code. Notice. WAS sent for an oversize hedge observed on July 14, 1983, and the hedge was trimmed. There have since been further violations of the hedge regulation . At the present time the hedge is. well over the height limitation, and extends into the alley and sidewalk right-of-way. Further notices were sent on January 6, 1987 And'January 20, 1987. Members reviewed photographs of the violation, the latest taken today at 4:15 P.M.. Larry Baimel, court reporter of Har -Mel Reporters was present to record proceeding for Thomas Porter. Mr. Porter, Frank LuBien and Jack Wilson were sworn in. Mr. Frank Woland, Attorney for Mr. Porter..requested an -extension of time (of 60 or 90 days) so that he may apply for a variance.in the case. He further .stated. that Mr. Porter's home is on a corner on N. E. 2nd Ave., and two or three houses froma busy bus stop, the fact'that the hedge is too high does not deter the theft of fruit from -his fruit trees. In response to: Mr. Rivero's query, Mr. Woland indicated the fact that the case goes back to 1983 doesnot indicate Mr. Porter has done anything wrong. Also there was much more discussion concerning the respectable manner in which Mr. LuBien has handled, the case and Mr. Woland. The petitioningof the hedge alone, and the fact that Mr. Porter would not be irreparably damagedif he cut his hedge as the Code requires. Also the • CODE ENFORCEMENT BOARD -2- 6/4/87 time it would take fora variance request to be heard by:the Planning & Zoning Board, and the pointthat he will know: the results before the July meeting. Mr. LuBien noted. that the Planning & Zoning Board meets on the 2nd & 4th Thursday of June. Mr, Porter is familiar with the variance procedure as he has gone through it before with the fence, and.the same argument was heard. The time clement speaks for itself, ample time has been granted to.explore administrative relief, there is no hardship in this. issue. At present, the fence remains in violation, the hedge does not completely surround the rear yard, ample opportunity for anyone who wishes to gain:access IS there. Mr.. Grau arrived at this point. Mrs. Williamson noted that. this Board does not need to determine whether or not a hardship exists. Should Mr. Porter move promptly and beheard by the Planning & Zoning Board he would knowthe results of his request before the next meeting of the Code Enforcement.. On this basis, Mrs. Williamson moved for Finding of Factthat the hedge is in excess of 5', Conclusion of Law this is a violation of Sec 518(a) of the Code of Ordinances, order that an Administrative fee of $110.00 be levied, and that if --the violation is -not corrected in.,30 days, Mr. Porter will be fined at the rate of.$10.00 per day. Motion was seconded by Mr. Sottilare. • Much discussion continued. Mr. Woland stated, he did not represent Mr. Porter.inthe prior referenced variance request procedure, and he wants to present a.case before the Finding of:Fact and Conclusion of Law, is determined. Further he requested an opportunity to make technical objections and cross examine Mr. LuBien. He used his three minutes allowed by the Chairman to attempt to build a case. The question was called and the motion carried by the following roll call vote: Mr. Schroeder Yes Mr. James Yes Mrs. Williamson Yes Mr. Sottilare No Mr. Grau Abstained - Tardy arrival Mr. River° Yes, Mr...Woland continued to .protest, and was advised. the Members. do appreciate the Attorney - Client poS.ition, this is not a.Court of Law, and if he is unhappy with the decision of the Board. he has recourse. Further that if Mr.. Woland wants the professional makeup of the Members: °f the Board he can obtain this information from the Village. Clerk. He was advised, the Board has made its' decision and the.case is closed, • • • CODE ENFORCEMENT BOARD 3. AFFIDAVITS OF VIOLATION: -3- 6/4/87 CASE NO, 87-4263-191 DABROWSKI, ZBIGNIEW 50 N. E. 93rd ST. VARIOUS VIOLATIONS.(OVERSIZE BOAT & INSUFFICIENT PARKING) Mr. LuBien outlined the facts behind the violation to the Schedule of Regulations 501(r)-(1) as Members reviewed photographs. Mr. Grafi moved to proceed to the next step seconded by. Mr. Sottilare, and passed unanimously. CASE NO. 87-4289-192 MONDY, JOSEPH & MATILDE, 160 N. W. 95th ST. BROKEN WINDOW, MILDEW, PEELING PAINT, & MISC. STAINS. The facts behind the violation were outlined by Mr. LuBien, as Members reviewed photographs. He stated that some work=was done, but the bulk of the problems remain. Mr. James moved to proceed to the next step, seconded by.Mr. Schroeder, and carried unanimously. CASE NO. 87-4305-193 KARL, ROBERT N. & MARY, 9100 N. BAYSHORE DRIVE JUNK TRAILER &.CAR PARKED IN RESIDENTIAL ZONE. Members reviewed photographs of the violation to Sec 501(k) & 13-1 as Mr. LuBien outlined the facts.. Junk equipment and boat have been removed, the junk trailer and and junk car remain. Mr.: Grau made a motion to proceed to the next step, seconded by Mrs. Williamson, and passed unanimously: CASE. NO. 87-4379-194 BRUNOT, JUNOT, 11028 N. W. 2nd AVE. INOPERATIVE VEHICLE PARKED. IN RES ZONE. Mr. LuBien outlined the facts behind the violation to Sec 13-1 of the Code of Ordinances. Members viewed photographs of the violation. Mr. James moved to proceed to the next step, seconded by Mrs. Williamson and passed unanimously. CASE NO. 87-4410-195 HEJFAN3D LEONARD T., 109 N. W. 95th ST. INSUFFICIENT PARKING., CAR PARKED ON LAWN IN .RESIDENTIAL. ZONE. Mr. LuBien noted that cars were observed parked on:the-lawn over.a period of time. The violator was notified that proper parking spaces are required, but there has been no response or action. Members viewed photographs of the violation. The final notice:was returned unclaimed. Mrs. Williamson moved to proceed to the next step, seconded by Mr. Grau and passed by unanimous vote. CODE ENFORCEMENT BOARD -4- 6/5/87 • 4.. REPORTS FROM PREVIOUS MEETINGS A. HEARING, CASE NO. 87-4222-184 JOHN COLLINS, 11016 N. W. 2nd AVE. VARIOUS VIOLATIONS Mr. LuBien reported that the main car -has been.removed. There has been no report on the other car. The situation continues to be monitored. B. HEARING, CASE NO. 87-4275-185 WILFRID PIERRE, 24 N. W. 109th ST. UNLAWFUL FENCE Mr. Pierre is in compiiance,_Form 4A has been issued. C. HEARING, CASE NO. 87-4278-186 FELIX ATILES-FIGUEROA, 262 N. E. 103rd ST. NO GARBAGE CONTAINERS Mr. LuBien reported that Mrs. Figueroa has paid the $110.00 Administrative fee, only one garbage can:has been observed, but there has not bettarbage all over the ground as before. D. HEARING, CASE NO. 87-4279-187 FRANCISCO VARELA, 130 N. W. 97th ST. CONSTRUCTION WORKWITHOUT A PERMIT Mr. Varela was in to obtain a permit, and was advised that plans must be submitted. He has not brought these in. He has paid the $110.00 Administrative fee. E. HEARING, CASE NO.. 87-3657-189 JULIA MASHAMESH, 1 N. W. 110th ST. PARKING TOW TRUCK IN RESIDENTIAL ZONE The truck has not been observed parkedat the site. The situation will continue to be watched. 5. JULY MEETING Mr. LuBien pointed out that the next meeting.on July 2, 1987 falls on a Thursday, the day before Friday, July 3rd, a holidays and wondered about the availability of Members for a meeting. Mr. James moved to dispense with the July meeting, seconded by Mr. Grau, and passed by unanimous vote. There being no further business to come before the Board, the meeting adjourned at 8:30 P.M. • CODE ENFORCEMENT. BOARD • • /uitii aardi cret -5- 6/4/87 Approve