12-03-1987 Regular Meeting•
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iami eihoreslage
F L 0 R 1 D A
CODE ENFORCEMENT BOARD MEETING
December 3, 1987
The Miami.Shores Village Code Enforcement Board regular meetine was held
on December 3, 1987. The meeting was called to order at -:7:30 P.M., at the
Miami Shores Village Hall.by Franklin Grau, Chairman, with the following
members present:
Franklin E. Grau, Chairman
Barry K. Asmus
Charles M. Custin
Owen Henderson III
Thomas L. James
William Schroeder
John L. Stokesberry
Also present: Frank LuBien, Director of Code Enforcement
Jack Wilson, Code. Enforcement Inspector
1. MINUTES November 5, 1987
The minutes of -the meeting of November 5, 1987:were approved, as:written,
by a motion made by Mr. Asmus, seconded by Mr. Stokesberry, and passed by
unanimous -vote.
2. HFARTNG, CASE NO. 87-4571-201 INCOMPLETE ROOF REPAIRS
ALAN P. FISKE
1260 N. E. 99th ST.
Mr. LuBien outlined the facts behind the violation,.as response to a complaint
of an inoperable vehicle, and incomplete roof repairs. Notices were sent and
the vehicle was moved, and some work done on the. roof. His inspection today
revealed the conditi-on continues as in the photographs, which Members reviewed.
Mr. Fiske was not present at the meeting, and Mr.-:LuBien stated he has had no
communication froaMr. Fiske. The receipt for. Certified Notice of Hearing
was signed by an agent for Mr. Fiske.
Mr. Asmus moved. for. Finding of Fact that'. the violation exists, Conclusion of
Law that 13-1 and 12-128 are the sections violated,..atid ordered that an
Administrative fee of $110.00 be assessed, further., if the violation is not
corrected in 30 days, a fine of $25,00 per day be levied. The motion was
seconded by Mr. Schroeder, and passed unanimously.
3. HEARING. CASE N0. 87-4599-202 HEDGES NOT IN COMPLIANCE
VIVIAN TOOKES
137 N. W. 106th ST.
Members reviewed photographs, as Mr. LuBien recited the facts behind the
violation. Notices were sent and inspection made in response to complaints,
trimming was done lowering the height of the hedge, but the violation of
hedge into alley right of way remains. This alley is extremely clean and
well maintained.
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CODE ENFORCEMENT BOARD MEETING -2- 12/3/87
Mr. Wilson noted the complaint comes from a disgruntled neighbor, and in
order to comply with the code, the hedge though well.maintained,and posing
no threat, needs to be cut back further.
Mr. Custin stated that he did drive down the alley and found it to be very
well maintained. In order to comply with the code, the hedge would have
to be removed. He inquired what would happen if the Board takes no action.
Mr. Grau outlined the charge of the Board as two fold: `A. to determine if
infact a violation exists, and B. to encourage remedial action.
Discussion continued.
Mr. Schroeder moved for Finding of Fact and, Conclusion,of'Law,.there is a
violation to Sec 518(a) & 10-10 of the Miami Shores Village Code, ordered
that an Administrative fee of $110.00 be assessedand a.fine of $15,00
per day be levied ,if the violation is not corrected: in thirty days,.
Dr. James seconded the motion.
Much discussion continued. Mr-. Asmus requested Mr.IL.uBien.;to outline steps
taken. to the Hearing process. Following further discussion concerning
the responsibility of the Board the motion;passed'by a 6-1 roll call vote,
with Mr. Custin dissenting.
4. AFFIDAVIT OF VIOLATION, CASE NO. 87-4646-203
CARMEN A. ALBALADEJO INOPERATIVE VEHICLE.
36 N. W. 101st ST.
Members reviewed photographs of the violation t� Sec. 13-1 of: the Code.
Mr. LuBien informed Members that a junk red chevrolet.sedan has been
parked in the same position for sometime, with expired tag and appearing
to be inoperable. As the photographs indicate, there has been .no change.
Mr. Asmus made the motion to proceed to the next step, seconded. by Dr. James,
and passed unanimously.
5. AFFIDAVIT OF VIOLATION, CASE. NO. 87-4654-204
WESLEY D. CARTER CONSTRUCTION. WORK WITHOUT PERMIT
575 N. E. 95th ST.
Members were shown photographs of the violation bo, Sec 6-4. Mx. Lunen
stated the facts behind the violation are the installation of an air
conditionerwithout a permit,and construction debris. There has been no
response to notices sent.
Mr. Asmus moved to proceed to the next step, seconded by Er. Stokesberry,
and passed unanimously.
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CODE ENFORCEMENT. BOARD.
-3- 12/3/87
6. AFFIDAVIT OF VIOLATION; CASE:N0.. 87-4661-205
ESTHER NGERI AJAO VARIOUS VIOLATIONS
9818 N.. W...lst AVE,,
The factsbehind the violation., as outlined by Mr.. LI,E,ien:.are miscellaneous
junk inthe yard, broken windows, broken door,, excessive.; mildew, and peeling
paint on the house. Notices were sent on September, 29„ 1987 and also on
October 20, 1987, some work was done, mildew and peeling. paint remain, and
some junk remains.
Mr. Asmus made the motion to go to the next step, seconded by Mr. Henderson,
end'passed unanimously.
7. REPORTS FROM PREVIOUSMEETINGS
A. CASE N0. 87-2807-200
HEPPOLITE FLEURANTIN, 9525 N. W. 2nd AVE.
PARKING COMMERCIAL VEHICLE.
There has been.no response to the orderwhich was:mailed..to
Mr. Fleurantin. Mr. LuBien further reported::;that he will be
following procedure for the.next step.
8. REPORT. FROM MR. GRAD
Mr. Grau reported that he had met with Mr. Elly -Johnson, Village Manager
and with Mr. Alan Rosenthal, concerning revamping the Code Enforcement
process. Mr. Rosenthal presented a proposal that is munch:too high, and
unless he cons up witha. proposal more. agreeable to - the..Village we will_
continue as we have.
There being no further business to come before. the Board, the meeting adjourned
at 8:00 P.M.
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Sec ' tary