09-03-1987 Regular Meeting•
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aiami cibores9iIlage
F L OR ID A
CODE ENFORCEMENT BOARD MEETING
September 3, 1987
The Metal Shores Village Code Enforcement Board regui r meeting was held
on September 3,-1987, The meeting was calledto order -at 7:40 P.M,, at the
Miami Shores Community Center, by Chairman Santos Rivera, with the following
members present:
Santos F, Rivero, Chairman
Franklin E. Grau
Thomas L. James
Barry K. Asmus
William Schroeder
Julie A, S. Williamson
Also present: Frank LuBien, Director of Code Enforcement
Jack Wilson, Code Enforcement Inspector
1. MINUTES = August 6, 1987
The minutes of the meeting of August 6, 1987, were approved, as written,
by a motion made by Mrs. Williamson, seconded by Mr. Grau, and passed
unanimously.
2. HEARING CASE NO. 87.4395-196 OVERSIZE BOAT
ISTVAN -& ILONA MAKOVI
128 N. E. 94th ST.
Mr, LuBien recited the facts behind the violation as two. boats on the lot.
One being oversize. Upon inspection today, it was noted the larger boat
- -has been moved: -Tire smaller boat remains on the property, but this is OK.
Mr. Makovi, Mr, LuBien and Mr, Wilson were all sworn in.
Mr.-Makovi-explained his problemngetting-=the boat moved.
Mr. Grau moved for Finding of Fact and Conclusion of Law, that a violation
did exist, and since Nr.. Makovi is now in complianee,Form 4A be executed,
and an.Administrative fee of $110.00 be assessed. The motion was seconded
by Mrs. Williamson, and passed by the following roll call vote:
Mr. Schroeder Yes
Mr, James Abstain -arrived at this point.
Mr.Asmus Yes
Mrs, Williamson Yes
Mr. Grau Yes
N. Rivero Yes
Mr, Rivero explained. the Board's decision. to Mr, & Mrs. Makovi.
3. HEARING, CASE NO, 87.-4464-.197
JOHN A, PATNIK, JR,
190 N. W. 99th ST.
BOAT -OVERSIZE & PARKED.IN FRONT YARD
The facts behind the violation were recited by Mr. LuBieni
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CODE ENFORCEMENT BOARD
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Mr, Patnik requested to bring the. boat. to his home to make repairs? but
was told, this is a violation, The boat was observed on June 1, 1987.
Notices were sent and the boat was removed prior to 6/30'/87, On or
about 7/15/87 the oversize boat was again observed in the front yard,
Today's inspection revealed the boat had been moved across the street to
County property.
Mr, Patnik, after being sworn in, stated that he had requested three months
to repair the boat at his home, when violation notice was received, he
moved the boat to County property which he owns, across the street.
Following brief, discussion, Mr, Asmus moved for Finding:of Fact and Conclu-:
sion of Law, the oversize boat: in the front yard is a.violation of
Sec 501(r)(1)(1) of the Code. of: Ordinances, that an Administrative fee of
$110,00 be levied, and Form 4A be executed,. The motion was seconded by
Mr. Grau with the comment:that it is a fair motion,. He explained that in
eases such as this when the boat is moved and brought back, the process
starts all over again, and this makes it difficult for:those who are
trying to maintain. the Village Beautiful, Any complaints of violations
Mr. Patnik may have..in his -neighborhood should ,be called to the attention
of the Code Enforcement Director for processing,
Mr. LuBien responded to query that he isnot aware of any.particular re-
sponsibility to. the County. He does not know if they have any regulations
with regard to parking a boat, in.the front yard,
The vote was called and the motion passed by the following roll call vote;
Mr, Schroeder Yes
Mr. James Yes
Mr, Asmus Yes.
Mrs, Williamson Yes
Mr, Grau Yes
Mr, Rivero Yes.,
Mr. Rivero explained the decision -of the Board to Mr. Pathik,
4. HEARING, CASE NO. 87-4471-198
LAWRENCE D. SCHWAGER
174 N. E. 106th ST.
OVERSIZE.HEDGE
Mr. LuBien recited the facts behind the violation to Sec 518(a) and 10-10.
Members reviewed photographs of the hedges in excess of height limitations,
and extending into the alley right-of-way. Upon inspection, today, it was.
observed the hedge has been cut.
Mr. Schwager did. not attend the meeting,
Mr. Grau moved for
as cited did exist
Form 4A be issued,
vote:
Finding of Fact and Conclusion of Law, that the violation
and that a $110,00 Administrative fee be assessed, and
seconded by Mr. Schroeder, and passed by the following
Mr, Schroeder Yes
Mr,. James Yes
Mr. Asmus Yes
Mrs, Williamson Yes
Mr. Grau Yes
Mr, Rivero Yes
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CODE ENFORCEMENT BOARD
5. FALSE ALARM APPEAL
COLLEEN FIX
54 N. E, 103rd ST,
-3= 9/S/87
Mr. LuBien introduced.lrs, Fixe and: reminded. Members they have received
a copy of the letter requesting appeal and a copy of.the,police report.
Mrs. Fix was sworn in. She noted that she'is contesting a $25.00 false
alarm under mitigating circumstance, and isnot in a position to pay
$110,00 Administrative fee if such is required, Mr, Rivero explained
that the Code Enforcement Board can deny or approve. -the appeal, but in
these cases does not.assess Administrative .fee,
She explained that twice it was set off when her neighbor, who was un-
familiar with the system entered the house, It went offonce when the
house was being tented, and there was an attempted break in. Two other
times it was triggeredwhen the system was being repaired,
Mr. Schroeder.made.a motion to deny the appeal on: the basis that Mrs. fix
can appeal,to the Village Manager with the circumstantial request as has
been presented here, Themotion was seconded,by Mr. Grau,,who noted, the
.only grounds this Board.can grant an appeal is when the alarm is real,
and the perpetrator got away,,
Discussion. continued, Mrs, Williamson recommended the Village Manager
consider for appealonly the last two, since:they were directly or
indirectly a result of breaking and entering.
The question was called and the motion passed by a 5/1 roll call vote,
with Mrs. Williamson voting No.
Mr, Rivero explained Mrs. Fix's privilege to .speak to the.:Village Manager
concerning appeal.
Mrs. Fix made two recommendations to the Board. If in fact, the only grounds
to be considered are a real alarm, as opposed to faulty. or accidental
alarm, the homeowner should be made aware of this so that he can go direct-
ly to. the Village Manager, The second recommendation is for the homeowner
to notify the Police Department:when the system is being worked on.
Mr., LuBien requested .#8 on the agenda be taken out of order so that theCourt
reporter could obtain documentation.
8. APPEAL FINE, CASE #86-3922-176 UNLAWFUL STRUCTURE -. UTILITY SHED AND
MARIE & PAUL ST, FLEUR PARKING SLAB IN SIDE .SET BACK
65 N. W, 110th ST,
Mr. LuBien reminded. Members of:the facts behind the violation as they
reviewed photographs to.refresh their memory,
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CODEENFORCEMENT BOARD
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Mr. Hodelin Rene was present to represent Marie & Paul St, Fleur, and
he reviewed the letter sent to Mr. LuBien explaining the violation and
their efforts to comply, He further explained how he became involved
in the situation, and his efforts to interpret the English language to
Marie & Paul St, Fleur, They are now in compliances and request that
a substantial reduction of the lien be made.
Mr, LuBien advised the Administrative fee of $110,00- has been paid, and
$200,00 toward the fine has been paid. The fine at this time is approx-
imately #3,300.00
Mr, Grau moved that, since demondtration to comply has been made, the
fine be reduced by 50%, and the $200,00 paid be made a part of the fine
reduction, seconded by Mrs. Williamson,
Much discussion continued conderning meansof payment, payment schedule,
and if payment would be made at all. Mr, Reneaassured Members that
settlement will be made promptly.
The question was called, and the motion passed by the following roll call
vote: Mr. Schroeder Yes
Mr. James Yes
Mr, Asmus No,
Mrs, Williamson Yes
Mr. Grau Yes
Nr. Rivero. No.
6. AFFIDAVIT OF VIOLATION, CASE NO, 87-4552-199
THOMAS P. EUGENE
9595 N. W. 2nd AVE. INOPERABLE VEHICLE
Mr. LuBien recited the facts behind the violation, as Members reviewed
photographs. He stated the condition remains the same.
Mr, Grau moved to proceed to the next step, seconded by Mr. Schroeder,.
and passed unanimously.
7. REPORTS FROM PREVIOUS MEETING
A, CASE NO. 87-4263,191 OVERSIZE BOAT
DABROWSKI, ZBIGNIEW
50 N. E. 93rd ST.
The boat has not been moved, but Nr, Zbigniew has another
thirty day to comply,
B. CASE NO. 87-4289-192 MILDEW, PEELING PAINT, MISC STAINS
MONDY, JOSEPH & MATILDE
160 N, W. 95th ST.
The Mondya' are in compliance, but the Administrative fee has
not been paid,
C. CASE NO. 87-4305-193
KARL, ROBERT N. & MARY
9100 N. BAYSHORE DRIVE
The car has been removed.
JUNK CAR
CODE ENFORCEMENT. BOARD
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D. CASE NO:. 87-4379.194
BRUNOT, JUNOT
.11028.N. W, 2nd AVE,
INOPERATIVE VEHICLE
Junot Brunot has complied, also. he;:has. paid $60.00 of the
Administrative fee, He stated,. that he will; pay the other
$50.00 later,
Brief discussionfollowed concerning Thomas Porter case,
Discussions a1.so-followed concerning the ease of .Marianne Cook,
Mr, Craw welcomed.Mr, Asmus back as a Member of the Board,.
Mr, LuBien congratulated. the Board on 100% attendance at;.this meeting.
The meeting adjourned at 8:45,P 1.4
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