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08-06-1987 Regular Meetingaimni crhoresciiliage F L OR ID A CODE ENFORCEMENT BOARD MEETING August 6, 1987 The Miami Shores Village Code:Enforcement Board regular meeting was held on August 6, 1987. The meeting was called to order byChairman,Santos Rivero at 7:30 pal., at the Miami Shores Village Hall, with the following members present: Santos F. Rivero, Chairman Franklin E. Grau William Schroeder Sandy Sottilare Julie A. S. Williamson Absent: Thomas L. James,- Vacation Barry Asmus - Noted that Mr. Asmus has been reappointed to 'the Board, unable'to attend this meeting due to illness. Also present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code., Enforcement Inspector 1. MINUTES - (There was no July meeting) JUNE 4 1987 The minutes of the:meeting of Jane 4, 1987 were.. approved, as written, by a unanimous vote. 2. HEARING, CASE. NO. 87-4263-191 DABROWSKI, ZBIGNIEW 50 N. E. 93rd ST. OVERSIZE BOAT & INSUFFICIENT PARKING Members viewed photographs, the last one taken on July 31, 1987. Mr. LuBien recited the facts behind the violation as an oversize boat and insufficient parking spaces, for which notices.were sent on 2/11/87 and 3/24/87. Mr. Dabrowski requested and was granted an extension to 4/30/87, the boat was removed, but returned later. Inspection today revealed the boat was still there. Mr. Dabrowski, Mr. LuBien and Mr. Wilson were sworn in. Nr. Dabrowski stated, he is from Europe. He and his wife livewith,and take care of. a 93 year old. man. He also, stated he was:not aware of the Ordinance, and after.he bought the boat, he received the notice. He has no intention to break the law, and since hen() place to park it, he must sell the boat. Picture ads which -were placed in the Boat Trader were. unsuccessful. He re- quested further extension, noting that he has worked for the same company for 12 years, works long hours everyday and sometime is called.in on weekends. In rebuttal, Members noticed the first notice was sent on February 11, 1987, and the advertisement dated June 18, 1987. Also, since he is working such long hours and has no time to show the'boat, perhaps he should give it to a large company that sells boats.on consignment. Mr. LuBien explained, he had received a letter from J.E. Ludick, Attorney, onMr. Dabrowksi's behalf. When Mr. LuBien called Mr. Ludick and explained the situation, it was determined there is no point in requesting a variance. • • CODE ENFORCEMENT BOARD -2- 8/6/87 The previous extension was granted by Mr. Forney to 4/30/87, his day of resignation. Following further discussion, Mrs. Williamson moved for Finding of Fact, Conclusion of Law that a violation to Schedule of Regulation 501(r)(1) does.exist, that Mr.. Dabrowski be granted (60) sixty days. to remove the boat, or pay a fine of $10.00 per day. Also an Administrative Fee of $110.00 be assessed. Further she requested to hear something concerning the insufficient parking since there are no photographs. Motion was seconded by Mr. Sottilare. Mr. LuBien advised Members, there are four cars. parked on the property, and only two spaces provided. Mr. Dabrowski responded that he drives a small company pick up truck which he parks in the rear.. The van was stolen, and his daughter no longer has a car, the other car parked in front belongs to his wife. Mrs. Williamson amended her motion to include Finding of Fact and Conclusion of Law the parking situation is also a violation, and that it too should be corrected in 60 days. The rest of the motion will ramain as cited. Mr. Sottilare offered an amendment that the time frame be changed to 30 days, seconded by Mr. Schroeder. Mrs. Williamson preferred to keep the 60 days, and Mr. Sottilare accepted that. The motion failed by the following roll call vote: Mr. Schroeder No Mr. Sottilare Yes Mrs. Williamson Yes Mr. Grau.. No Mr. Rivero No. Mrs. Williamson then made the same Lotion.changing the time for compliance to (30) thirty days rather than sixty days, seconded by Mr. Sottilare. The motion passed by a four to one vote, with. Mr. Grau dissenting. Mr. Rivero explained the decision of the Board to Mr. Dabrowski, 3. HEARING, CASE NO. 87-4289-192 MONDY, JOSEPH & MATILDE 160 N. W. 95th ST. Mr. LuBien recited the facts behind the violation as a.broken window, peeling paint, excessive mildew, and miscellaneous stains. Members reviewed photo- graphs of the violation. Mr. LuBien further advised the Board that inspection today revealed compliance with Sec 12-128 and 12-133 of the.code. Mr. Schroeder, following brief.discussionvmoved to assess Administrative Fee of $110.00, and execute form 4i for compliance, seconded by Mr. Sottilare, the motion passed with .the following. roll call vote: Mr. Schroeder Yes Mr. Sottilare Yes Mrs. Williamson No Mr, Grau Yes Mr. Rivero Yes • • CODE ENFORCEMENT BOARD -3- 8/6/87 4. HEARING, CASE NO. 87-4305-193 KARL, ROBERT N. & MARY 9100 N. BAYSHORE DRIVE. JUNK .CAR PARKED IN RESIDENTIAL ZONE Memberd viewed photographs of the junk ear as Mr.. LuBien read -the facts behind, the violation to Sec 501(k) & 13-1 of the Codeof Ordinances. Mr. Karl, after being sworn.in, advised the Board that clean up was de- layed because of a brutal divorce he has just gone through. The house has been forclosed on, he is no longer the owner. Also he promised the junk car will be removed tomorrow.• Mrs. Williamson moved for Finding of Fact and Conclusion.of Law, that a violation to the Code of Ordinances of Miami Shores.Village exists (Sec 501(k) and 13-1), the car shall be removed in 3O days after which a fine of $10.00 per day:will. go into effect. Further, if the car is removed in 30 days the Administrative Fee of $110.00 will be waived. Mr. Grau seconded the motion which:carried by a unanimous roll call vote. 5. HEARING, CASE NO. 8743797.194 BRUNOT, JUNOT 11028:N. W. 2nd AVE. INOPERATIVE VEHICLE PARKED IN RESIDENTIAL ZONE Mr. LuBien noted that two inoperative vehicles were observed on 4/10/87. Notices. were sent on 4/10/87 and 4/23187. Upon inspection taday,it'2was observed that both vehicles have -license tags. Mr. Brunot was sworn in, and in response to questions stated, it took so long to comply because he triedto sell the cars, and, when that proved fruitless he purchased tags. Mrs. Williamson moved for .Finding; of Fact and Conclusion of Law, that the existed violation to Sec 13-1 of the.Code.of Ordinances;has been corrected, that. form 4-A be issued, and an Administrative Fee of $55.00 be assessed. Mr. Sottilare seconded the motion. In discussion Members =felt they should be consistent with the standard Administrative Fee. Mrs. Williamson amended:her motion, Administrative Fee assessed should be $110.00, accepted by Mr. Sottilare, and passed. -by unanimous roll call vote. 6. HEARING, CASE NO. 87-4410-195 CAR PARKED ON LAWN. INSUFFICIENT PARKING. HELFAND, LEONARD T. 109 N..W. 95th ST. Mr. LuBien noted the -violation of cars parked on the lawn over,:a period of time is a violation of the Schedule of Regulations. There has been no response to notices sent. Mr. Wilson advised the Board: that hand delivery of the notice revealed, the house is rented and the car belongs to the occupant's son. He has been.unable to obtain a mailing address for Mr. Helfand. 411 Members agreed that a concentrated effort should be made to serve the owner notice. of the violation. • CODE ENFORCEMENT BOARD -4- 8/10/87 Mrs. Williamson moved.to table this case to the next meeting, also to refer it. to Mr. Fann, Village Attorney for inputLandF.decision on approved procedure. Motion was seconded by Mr. Schroeder, and passed by unanimous roll call vote. 7. FALSE ALARM APPEAT, SETH GADINSKY 374 N. E. 95th ST. Mr. Gadinsky has requestedthis hearing . toappeal fine levied by Miami Shores Village for faulty alarms. After being sworn in :he stated, the system of fine assessment is a good one,but he is not an irresponsible citizen. He boughtthehouseand activated the alarm himself, following several problems with the alarm and paying the company approximately $102.00 maintenance fee, and still not having a good working alarm system, the company was dismissed. He wants to reconnect the system, but he feels the idea of penalizing him is unfair, And so he is seeking recourse from the Village. Mr. LuBien advised Members-. that; this comes to; the, Code. Enforcement Board as a code enforcement problem. It is a danger to life and`...property when an officer must respond. to false, alarms,: the. only alternative is to follow the law, and the burden of proof the alarm is not accidental or faulty remains with_the owner. After much discussion, Mrs. Williamson moved`to deiy'the appeal, seconded by Mr. Sottilare, and.passed by a unanimous roll call vote. 8. AFFIDAVIT OF VIOLATION, CASE NO. #87-4395-196 ISTVAN & ILONA MAKOVI 128.N. E. 94th ST. BOAT VIOTATION Members reviewed photographs of the violation as Mr. LuBien recited the facts. Mrs. Williamson .made,a.motion to proceedto the next step, seconded by Mr. Sottilare, and passed by unanimous vote. 9. AFFIDAVIT OF VIOLATION, CASE NO. #87-4464-197 JOHN A. PATNIK, JR. 190 N. W. 99th ST. BOAT - OVERSIZE AND PARKED IN FRONT YARD The facts behind the violation were outlined by Mr. LuBien as Members reviewed. photographs. Mrs. Williamson moved =to proceed to the next step, seconded by Mr. Schroeder, and -passed by unanimous vote. 10.. AFFIDAVIT OF VIOLATION,. CASE NO. #87-4471-198 LAWRENCE D. SCHWAGER 174 N. E. 106th ST. OVERSIZE HEDGE The facts behind the violation were outlined by Mr. LuBien as Members reviewed photographs. Mr. Sottilare moved to proceed to the next step, seconded by Mrs. Williamson and passed unanimously. • • CODE ENFORCEMENT BOARD -5- 8/10/87 11. REPORTS FROM PREVIOUS MEETING A. CASE NO. 87-4223-190 THOMAS &.:.JOAN PORTER, 186 N. E. 106th ST. UNLAWFUL HEDGE Mr, LuBien advised the Board that the hedge has been cut back from overhangingthe sidewalk, however it has not been cut down to the 5' height requirement. The case is:in litigation with Mr, Porter having filed a discrimination suit --.against the Village. He further. -indicated that he wi11 be filing a lien against the property, 12. Mr.. Grau:announced that:last week he had set up a meeting with.Mr. Johnson, Village,Manager, Frank,::Lubien., and Attorney,Mr. Alan Rosenthal. He noted that Mr. Rosenthnl's firm is providing creative legal services in the Code Enforcement area for the City of Miami, Becauseof his nreative techniques, it is hoped he can improve.on our excellent.. system. -Further, Mr.. Rosenthal will come to discuss his ideas .at no cost, if the Board is interested. Everyone agreed, this is an excellent idea. Mr. LuBien indicated that he will place Mr, Rosenthal on the agenda for the October meeting. 13. Sandy Sottilare, reluctantly read his letter of resignation to the Board. He cited changes in his work and personal circumstances.-.,. Copies of the letter were submitted,to each Member of the Council. Mr. LuBien advised, Members to please make an effort to encourage persons, they know, who can serve and will. With Mr. Sottilare's resignation and two or three others .term will expire in September, leaves the Board with Only one or two experien.ced,;.Members. Much discussion -continued. Members remarked that this Board helps to main=_ tain property values in Miami.Shores. Strong and agressve action must continue. 4,500 notices have been sent out, and less. than 4% of these are brought before the Board. Cases that come this far are hard cases. A good procedureof code enforcement has been developed by this Board as it looks at. each case individually. There being no further business, the meeting adjourned at 8:45 P.M. ��-o ecr terry .211 Approve • • Miami rlhores9illage F L OR ID A AUGUST 6, 1987 THERE WAS NO CODE -ENFORCEMENT BOARD MEETING IN THE MONTH OF JULY 1987, DUE TO VACATION SCHEDULES,