10-01-1987 Regular Meeting•
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F L O R t D A
CODE ENFORCEMENT BOARD MEETING
October 1, 1987
The Miami Shores Village Code Enforcement Board regular meeting was held
on October 1, 1987. The meeting was called to order at 7:30 P.M., at the
Miami Shores Village Hall, by Chairman Rivero, with the following members
present:
Santos F. Rivera', Chairman
Franklin E. Grau
Barry K. Asmus
Thomas L. James
William Schroeder
Julie A. S. Williamson
Also present: Frank LuBien, Director of Code Enforcement
Jack Wilson, Code Enforcement Inspector
1. MINUTES - September 3, 1987
The minutes of the meeting of September3, 1987, were approved, as written,
by unanimous vote.
2. HEARING, CASE NO. 87-4552-199 INOPERABLE VEHICLE
THOMAS P. EUGENE
9595 N. W. 2nd AVE.
Mr. LuBien outlined the facts behind the violation of Sec 501(k) (an
inoperable vehicle). There was no response to a letter delivered last week.
However upon inspection today, the car was gone, and Mr. Eugene -called to -
say he would not be able to attend this meeting. Mr. LuBien responded to
Mr. Schroeder's question, this does not appear to be a repeat offender.
Mr. Schroeder made a motion to find that there has been a violation,:and
that an -Administrative fee of $110.00 be assessed, no fine—imposed-.2- The-- -
motion was seconded by Dr. James, and passed by the following roll call vote;
Mr. Schroeder
Dr. James
Mr. Asmus
Mrs. Williamson
Mr. Rivero
Yes
Yes
Abstained (Arrived during discussion)
No
Yes
3. AFFIDAVIT OF VIOLATION, CASE NO. 87-2807-200
HEPPOLITE FLEURANTIN, 9525 N. W. 2nd AVE.
PARKING COMMERCIAL VEHICLE
Mr. LuBien read the facts behind the violation to the Schedule of Regulationse
Members received a copy of the minutes of June 1985, at which time the viola-
tion of parking a taxi in a residential zone was heard.. On or about 9/1/87,
a complaint was received and confirmed that the taxi was back.
Mr. Asmus made a motion to proceed to the next step, seconded by Mrs. Williamson,
and passed unanimously.
CODE ENFORCEMENT BOARD
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• 4. REPORTS FROM PREVIOUS MEETINGS
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A. CASE NO. 87-4263-191 OVERSIZE BOAT
DABROWSKI, ZBIGNIEW
50 N. E. 93rd ST.
It was reported by Mr. LuBien, this violation is not officially
due until Monday, but inspection today, revealed the boat is
still there. If the violation is not corrected by the specified
time an Affidavit of Non -Compliance will be issued, and the fine
will go into effect, and then regular procedure will be followed.
5. BURGLAR ALARM APPEAL - DOUGLAS K. BISCHOFF
Mr. LuBien read the letter requesting appeal, and outlining his reason for
the request, in the letter he stated what he interrupts the Ordinance says,
and further stated that he would not be able to attend, this meeting.
This item was not scheduled on the agenda because Mr. LuBien received the
letter too late, but according to Code appeaL:.requests.need.to be heard as
soon as possible. Mr. LuBien further noted this was sent directly to him,
and did not come from the Police Department.
Much discussion continued.
Mrs. Williamson noted that she feels Mr. Bischoff is trying to prevent an
accrual of malfunctions. It is apparent he has read the Ordinance, and she
tends to agree with him.
Mrs. Williamson then moved to recommend to the Village Manager, that this
isnot a malfunction, and that the finding be reversed. The motion died for
lack of a second.
Mr. Schroeder then made a motion that it was a false alarm, seconded by
Mr. Asmus.
Mr. LuBien read from the. Zoning Ordinance, Code 321, Appeal. The vote was
called, and the motion gassed unanimously, with the following roll call vote.
Mr. Schroeder Yes
Dr. James Yes
Mr. Asmus Yes
Mrs. Williamson No
Mr. Grau Yes
Mr. Rivero Yes°
6. MR. ALAN ROSENTHAL, special counsel to the City of Miami., Code Enforcement
Board attended the:_meeting with his associate, Mindy Funk. Mr. Rosenthal
was invited to the meeting to outline the program he initiated in the City
of Miami to streamline their Code Enforcement procedure. He noted that
through this program, they have achieved compliance without hearings, cases
heard have been increased via a two step process, also it has made for a
more effective, and better Code Enforcement. He also mentioned steps taken
by the Legislature to aid enforcement.
Mr. Grau indicated that he had met with Mr. Rosenthal, Mr. Johnson, Village
Manager, talked with Mr. Fann, Village Attorney, and Mr, LuBien. In their
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CODE ENFORCEMENT BOARD
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discussion, it was determined that Mr. Rosenthal would address this
Board to determine if his services could benefit us by improving a
good system.
Mr. ZuBien noted that our system is working and doesntt need to be fixed.
We,in'the Village and Code Enforcement want compliance without yielding a
heavy hand. Our system lacks the element of time, an Affidavit could be
a Hearing. Code Enforcement should be positive and compassionate.
Much discussion continued.
Mr. Rivera advised that if change and improvement are needed, the Village
Manager should review the procedure, discuss with the Village Attorney,
the Code Enforcement Department, Council and the Board. He further indicated
we are going about the process fdir,zhange backwards.
Mr. Grau stated that the financial arrangements are not up to us. We must
determine if the idea is worthy to persue or is not.
Mr. Schroeder made a motion to recommend as a Board, that Mr. Rosenthal get
with the Village Manager, Mr. Johnson, between now and the next meeting, to
prepare some type of outline with respect to the scope of services, with
specific. direction, and recommendations for this Board to consider. possible
enhancements and improvements to the Code Enforcement Process. Motion was
seconded by Mr. Grau, and passed by unanimous roll call vote.
Mr. Rosenthal agreed that he will meet with Mr. Johnson, analyzeL our program,
• and make recommendations.
7. To clarify the status of Code Enforcement Board Members, Mr. ZuBien advised
Members that since the Council did not appoint new Members to the Board at
their last meeting, the current term of Members is extended to the end of
this month.
There being no further business, the meeting adjourned at 8:35.,P.M.
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