04-07-1988 Regular Meeting•
•
..aore 9 llage
OR ID A
CODE ENFORCEMENT BOARD MEETING
April 7, 1988
The Niami.Shores Village Code Enforcement Board regular meeting convened
on April 7, 1988. The meeting -was called to order at 7:30 P.M., at Miami
Shores Village Hall by Chairman Grau, with the following members present:
Franklin E. Grau, Chairman
Charles M. Custin
Barry K. Asmus
Owen Henderson III
Thomas L. James
John L. Stokesberry
Absent; William Schroeder
Also present: Frank LuBien, Director of=Code Enforcement
Jack Wilson, Code Enforcement Inspector
1. MINUTES - March 3, 1988
The minutes of the meeting of March 3, 1988 were approved, as written, by
a motion made by Nr. Asmus, seconded .by Dr. James and passed.
Mr. Grau welcomed. Mr. Jack Wilson back after surgery and a lengthy illness.
2. HEARING,CASE NO. 88-4723-206
FREDRICK & PATRICIA MITCHELL, 68 N. W. 95th ST.
VARIOUS VIOLATIONS
Mr. LuBien read the facts behind the violation as peeling paint and stains
on house walls, defective roof paint, no garbage containers., and an over-
grown and unsightly yard. Corrections to violations remain incomplete as
of inspection this morning. Mr. LuBien further noted that Mr. Mitchell
called today and was not, sure he mould attend this meeting, but assured the
secretary, the work will be completed by Monday.
Following review of photographs by Members, Mr. Asmus moved for Finding of
Fact thatthe violations do exist, Conclusion of Law, the-.settions._of the
code violated. are 10-1, 12-133, 9-2(c) and 13-1. Ordered that $110.00
Administrative fee be.assessed, and if the violations:.are not corrected in
thirty (30) days, there shall be a fine of $25.00 per day levied. The
motion was seconded by Owen Henderson, and passed by unanimous roll call vote.
3. HEARING. CASE NO. 88-4759-207
Leon & Sharon Rolle, 590 N. E. 96th ST.
VARIOUS VIOLATIONS
Neither Mr. nor Mrs. Rolle .were present for the meeting. Mr. Rolle called
to explain he was unexpectedly called out of town, and requested the case be
continued.
The facts behind the violation were read by Mr. LuBien, as Members reviewed
photographs. In reply to query, Mr. LuBien recommended the continuance be
granted. A permit had been issued and work to comply has ,been vigorous.
CODE ENFORCEMENT BOARD
-2- 4/7/88
After brief discussion, Mr. Asmus moved for:Finding of.Pact'the violations
existed, Conclusion of .Law the sections of -the code violated are 518(a),
10--10, and 12-133, that an Administrative fee of. $110.00 be assessed, and
a fine of ..$25.00 per day.,be charged, if•the violations, are.not corrected in
thirty (30) days. Mr. Custin seconded the motion, which passed by.a
unanimous roll call. vote.
4. HEARING, CASE NO. 88-4769-208
JOY CARHART, 30 N. W. 100th TERR.
HEDGE VIOLATION
Carhart.was not present at the meeting.
The violation in this case is an oversize hedge. As, Members reviewed photos,
Mr. LuBien stated that a complaint was received.,notices:were sent and have
been acknowledged by certified receipt. No work has been done, and the
violation continues.
Mr. Asmus moved for Finding of Fact that the hedge is a.violation, and
Conclusion. of Law Sec,518(a) & (2) of the code are violated. Ordered that
$110.00 Administrative fee be paid and if the violation is not corrected in
thirty (30) days a fine of $25.00 per day will,be,assessed.. Seconded by
Dr. James., the motion carried by a unanimous - roll. call vote.
5.: HEARING., CASE NO. 88-4797-209
VALERIE DUKES, HUBERT & CECILA MILT,FBS, 1098 N. E. 95th ST.
INCOMPLETE ROOF
• None of the owners cited in the case was present.
Mr. LuBien sited the facts behind the violation are an. -incomplete roof,
where tile has not been installed. The violation•notices sent have not
generated response nor action.
A motion was made by Mr.: Asmus for Finding of Fact and Conclusion of Law,
the roof repairs are incomplete and are a violation of Sec 12-128 & 133 of
the node, ordered that an Administrative.fee of $110.00 be assessed, and if
the.violation is not corrected in thirty (30) days a fine.of $50.00 per day
will be levied. Mr. Stokesberry seconded the mo.tion.which passed by a
unanimous roll call vote.
6. AFFIDAVIT OF VIOLATION, CASE NO. 88-4836-210
JOSEPH IORIO: 425 N. E. 93rd ST.
HEDGE VIOLATION
Mr. LuBien reported that this is a newly planted hedge, reported. by the Public
Works Staff. Inspection .confirmed that'the hedge straddled the property line
and branches extended into the alley right-of-way. Also there had not been
space allowed for. garbage cans. Noticeswere sent and: the owner responded
by phone that his landscaper would take care of it, but there has been no
action. Members reviewed photographs . of the violation.
Mr. Asmus moved to proceed to the next step, seconded by Dr. James, and passed
unanimously.
CODE ENFORCEMENT BOARD
-3- 4/7/88
7. AFFIDAVIT OF VIOLATION, CASE NO. 88-4884-211
JOSE & MARIA GROSSO, 130 N. E. 98th ST.
VARIOUS VIOLATIONS
Members reviewed photographs as Mr. LuBien read the factsibehind the viola,-
tions
iola-tions as hedges growing beyond property line, peeling paint,- mildew, unfinish-
ed painting, miscellaneous loose equipment,: trash and other items. These
violations were observed as a result of complaints., notices were sent, and
some work was done, but. the violations remain.
A notion was made. by Mr. Asmus, seconded by Mr. Henderson:to go to the next
step. The Motion passed unanimously.
8. AFFIDAVIT :OF VIOLATION, CASE NO. 88-4872-212.
MANUEL MENDOZA,:.PEDRO HERNANDEZ, 173 N. W. 99th ST.
INOPERATIVE VAN, INSUFFICIENT PARKING SPACES, UNMAINTAINED YARD
Mr. LuBien recited the facts behind the violations,, as Members reviewed
photographs. Mr. LuBien further stated the van has b.een.licensed and moved,
the other violations continue.
Mr. Asmus moved to proceed to the next step, seconded by Dr.. James, and passed
unanimously.
9. AFFIDAVIT OF VIOLATION, CASE NO. 88-4812-213
ANDREW J. KRAFT, 87 N. E. 92nd ST.
HEDGE VIOLATION
A complaint was received and inspection confirmed that the -bordering hedge
is in excess of maximum height. Notices were sent:and some,workwas done,
but then the owner requested'time to prepare a request for a variance. There
has been no further action. Members reviewed photographs.
A motion to proceed to the next step was made by Mr. Asmus,.seconded by
Dr. James, and passed,unanimously.
10. NEW WORK GROUP ON. CODE ENFORCEMENT
Though this item is not on the agenda, the topic generated considerable
discussion.
Mr. Grau advised that Mayor Spero Canton:and.:'Councilwoman,MartyStofik: would
represent Council, Mr. Grau, Mr. Stokesberry and Mr.: Custin, represent the
Code Enforcement Board, and all Members of:this Board including any past
Members would be welcomed. Mr. Rossi and Mr. McClure were selected fo
.represent Planning & Zoning.. Further it is expected the first meeting of
this group will be called for the week of April 18th.
A statistical report,of facts and figures for the last,five years was re-
quested prior to the workshop meeting. Members:requested a list. of outstand-
ing fines and liens.
•
CODE ENFORCEMENT BOARD
-4- 4/7/88
Mr. LuBien noted, the first two numbers of a case indicate the year,
the next four, the number of violations mailed out, and the last three
indicate the number to come before the Code Enforcement Board.
Members will be notified once the date and timefor: the meeting has been
set.
There being no further business tocome before the Board, the meeting adjourned
at 8:15 P.M..
•
Approve