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05-05-1988 Regular Meeting• • • Miami cShoresO6llage F 1. 0 R, 1 0 A CODE ENFORCEMENT BOARD MEETING May 5, 1988 The Miami Shores Village Code Enforcement Board regular meeting convened on May 5, 1988. The meeting was called to order at 7:30 P.M.-, at Miami Shores Village Roll by Chairman Grau, withthe following members present: Franklin E. Grau, Chairman Charles M. Custin Barry K. .Asmus Owen Henderson III John L. Stokesberry William Schroeder Absent: Thomas L. James Also present: Frank LuBien, Director. of Code Enforcement 1.i MINUTES - April 7:, 1988 The minutes of the meeting of April 7, 1988 were approved, as written, by a motion made by Mr. Henderson, seconded by Mr. Asmus,,and passed by a unanimous vote. 2. HEARING, CASE NO. 88-4836-210 JOSEPH..IORIO, 425 N. E. 93rd ST. HEDGE VIOLATION Mr. LuBien read the facts behind the violation asa. newly planted hedge, which as reported by Public Works staff, straddled..the property line, and extended into alley right-of-way. Also there.had been no space provision made for garbage or trash pick up. Inspection today revealed the hedge had been moved back two feet away from the property line, making it in compliance. Mr. Iorio was not present at the meeting. Mr. Asmus moved for Finding of Fact the violationdid exist, Conclusion of Law, the section of the code violated being 518(c) and 10-10(a), that an Administrative fee of $110.00 be imposed, add since violation no longer exists Form 4-A be executed. The motion was seconded by Mr. Stokesberry,,,and passed by the following roll call vote: Mr. Schroeder Abstained (He arrived .as motion was being Mr. Henderson Yes formulated) Mr. Asmus Yes Mr. Stokesberry Yes Mr. Custin Yes Mr. Grau Yes • • • CODE ENFORCEMENT BOARD MEETING -2- 5/5/88 3. HEARING, CASE NO. 8.8-4884-211 JOSE & MARIA GROSSO, 130-N.- E. 98th ST, VARIOUS VIOLATIONS Members reviewed photographs AS Mr. LuBien recited the facts behind the violations,. checked in -.response to. complaint. The hedges were growing beyond the property line, peeling paint, mildew, unfinished paint, and miscellaneous loose trash•, There had been some, response to:notices sent. Todays inspection revealed., the violations have been corrected, and the property is in compliance. Mr.. Asmus moved that. the Finding of Fact is.the violations:.did exist. Conclusion of -Law the visblations to :Sec 518, 12-82(40),i 12-133 have been corrected. Ordered... that an; Administrative feeof :$110.,.00 be levied and .compliance for 4-A be executed, and:mailed. Hr,.Henderson seconded the motion,: and it.passed by unanimous roll call vote. Mr. Grosso was present and. Mr. Grau apologized :for fail1,mg to call on him beforethe vote. Mr,,Grosso was sworn in, and commented,, he resents being cited 5 or 6 times in two years for violations which are so very common among other residents in Miami Shores, further he stated he seemsto be the only proud residenton his block. Much discussion continued. Mr. Grau & Mr. Custin commented.they went by the house, and it does look very nice. It is the. goal of -the Code Enforcement Workgroup to correct all the violations in Miami.Shores, aTho.that Mr. Grosso may, report any violations he observes. Mr. Grau also:explained to Mr. Grosso that it would have been far.better had' the issue been resolved before reaching thisrpoint. 4. HEARING, CASE NO. 88-4872-212 P. HERNANDEZ, 173 N. W. 99th ST. INOPERATIVE VAN, INSUFFICIENT PARKING SPACES, UNMAINTAINED YARD. Members reviewed photographs, as. Mr. LuBien noted the facts behind the viola- tion. Inspection in response to complaint revealedan inoperative vehicle stored on the premises, vehicles parked in rear yard, proper parking spaces not. provided. Today6' inspection confirmed 90% compliance. Mr. Hernandez after being sworn, testified M. MendozaIs a relative who has moved from the house. ,It is rented to another tenant-who.has been instructed to move also. He is making every effort; to comply, and>will see that the newly planted sod is watered. Following further dis.cussion, Mr.:Asmus made a motion for Finding of Fact, and Conclusion of Law,.the violations to Schedule. of Regulations,' and 10-10 did exist. Ordered that an. Administrative fee of $110.00 be assessed, and if all violations are not corrected in 30 days, a fine of $25.00 perday will be imposed. The motion:was seconded by Mr. Schroeder, and passed by unanimous roll call vote. • • CODE ENFORCEMENT BOARD MEETING -3- 5/5/88 5. HEARING, CASE NO. 88-4812-213 ANDREW J. KRAFT, 87 N. E. 92nd ST. HEDGE VIOLATION Stated by Mr. LuBien, in response to complaint., inspection. revealed the hedge is in excess of maximum height. Notices were sent, but after eleven weeks, there has been no response. Members reviewed photographs. Mr. Kraft was.:sworn in. He tes,tified.the hedge is very well maintained, it has been the same height for over 25 years. He presented for Members to review, copies of letters from neighbors attesting to: this. Also he presented a police report, the result of a Complaint by a. disgruntled neighbor, with a number of false accusations. One of his reasons.for maintaining the fence height is for protection from this.neighbor'. Mr. Kraft further advised the Board that he had a meting with Mr. LuBien and Mr. Johnson, and was advised to p.repare.his case, providing proof. Following there was further discussion concerning instructions to Mr. Kraft for applying to.Planning & Zoning Board for hedge height variance. Mr. Schroeder moved to waive Administrative. fee, to allow Mr.. Kraft: thirty (30) days to prepare his case and request:a variance- before the Planning & Zoning Board, if he is unsuccessful in obtaining the variance, he will then return to Code Enforcement Board for ruling, Mr. Asmus seconded the motion. Discussion continued concerning the feasibility of this motion, fear of setting precedent, and the need to expedite hearing. Also.mentioned was Mr. Kraft's right of appeal. The question was called, and, the motion failed by the following roll call vote: Mr. Schroeder Yes Mr. Henderson No Mr. Asmus Yes Mr. Stokesberry No Mr. Custin No Mr. Grau No After continued discussion, Mr. Stokesberry made a'motion, seconded by Mr. Henderson, there is Finding of Fact, and Conclusion of Law, the viola- tion exrsts.to.Sec 518(a) of Miami Shores Village code.• Ordered that an Administrative fee of $110.00 be assessed, and $25.00 per day fine if the violation. -is not corrected in thirty (30) days. The motion, passed by a vote of 5-1, with Mr..Schroeder dissenting. Mr..Grau explained the motion to Mr. Kraft. Mr. LuBien.explained the sequenceto follow to. get a hearing before the Planning & Zoning.Board.. 6. AFFIDAVIT OF VIOLATION, CASE NO. 88-4020-214 N. B. ALDERMAN HUNT, 1032 N. E. 98th ST. JUNK BOAT Members looked at a photograph as Mr. LuBien recited the facts behind the violation as a junk boat parked at property since 1983. • Mr. Asmus made a motion to. proceed to the next step, seconded by Mr. Henderson. • • CODE ENFORCEMENT BOARD MEETING -4- 5/5/88 Much discussion took place. There was' further, discussion, aboutthe possibility of removing this boat from. private property.. (The Board was advised, this cannot be done, legally). There was then a request fromMr. Custin and:Mr, Grau.fo.r an interpretation of this code from the Village Attorney before the next Code_ Enforcement Board meeting.. The vote was called, the motion to proceed to thenext step passed by the following vote: Mr. Schroeder Yes Mr. Henderson Yes Mr. Asmus No Mr. Stokesberry Yes Mr. Custin Yes Mr. Grau Yes 7. AFFIDAVIT OF VIOLATION,CASE N(. 88-4903-215 JOSEPH ALCIDA, 18 N. W. 110th ST. UNLAWFUL CONSTRUCTION The facts behind the violation to Sec 6-4, unlawful: eonctruction, were cited by Mr. LuBien. There has been no resp nnse,.to notices sent. Mr. Asmus moved to proceed to the next step, seconded by Mr. Stokesberry, and passed unanimously. 8. REPORTS FROM PREVIOUS MEETINGS A. CASE NO, 88-4723=206 FREDRICK & PATRICIA MITCHELL, 68 N. W. 95th ST. VARIOUS VIOLATIONS The various violations have been corrected,with the exception of the yard. The fine does not go into effect until May 9, 1988. B. CASE NO. 88-4759-207 LEON "& SHARON ROLLE, 590 N. E. 96th ST. VARIOUS VIOLATIONS Corrections. to the violation are 90% complete. Mt. Rolle called to explain modification of his wall plan, Mr. LuBien reminded him of the order of this Board. C. CASE NO. 88-4769-208 JOY CARHART, 30 N. W. 100th TERR. HEDGE VIOLATION There has been no change on the hedge violation. Notice: of the order of the Board was returned, hand delivery proved. futile. D. CASE NO. 88-4797-209 VALERIE DUKES, HUBERT & CECILA MILLERS, 1098 N. E. 95th ST. INCOMPLETE ROOF A permit was issued for the roof, but no work has been done. Roof remains incomplete. • • CODE ENFORCEMENT BOARD MEETING.. -5- 5/5/88 9. Mr. Grau inquired of Mr. LuBien concerning the statistical report which was requested. at the last Code Enforcement Board Meeting. In. discussion, it was mentioned. that. Members of the Code Enforcement Workgroup cannot justify additional help for this areawithoutfacts and figuers as back up. Following further discussion on the subject, Mr. Stokesberry made a motion, that the Chairman bring this. request to the attention of Mr. Johnson, Village Manager, as a priority item, reading for him. the last paragraph, pg 3, of the minutes of the meeting of April 7, 1988, The motion was seconded by Mr. Schroeder, and passed unanimously. Discussion continued. The meeting adjourned at 8:45, there being no further business to discuss.