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07-07-1988 Regular Meeting• • aiami cJhores9lllage F L 0 R 1 0 A CODE ENFORCEMENT BOARD MEETING July 7, 1988 The Miami Shores Village. Code Enforcement Board Meetingwas called to order by Chairman Grau, on July 7, 1988, at 7:40 P.M., at Miami Shores Village Hall. The following members were present: Franklin E. Grau, Chairman Barry K. Asmus Owen Henderson III John L. Stokesberry Absent: Charles M. Custin William Schroeder Also. present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code Enforcement Inspector 1. MINUTES - June 2, 1988 The minutes of the meeting of June 2, 1988 were: approved, as written, by a motion made.by Mr. Stokesberry, seconded by Mr. Asmus, and passed unanimously. 1-A BURGLER ALARM APPEAL KEN LANGE 70 N. E. 96th ST. Mr. LuBien called attention to. the documentation and letter from Mr. Lange, which was included in Members packet. A copy of the agenda had been sent to Mr.. Lange. He was not at the meeting. Mr. LuBien suggested Mr. Lange be given the benefit of any doubt, and the issue be tabled. Mr. Stokesberry moved to table the issue, seconded by Mr. Henderson. The motion failed by the following vote: Mr. Henderson Yes Mr. Asmus No Mr. Stokesberry Yes Mr. Grau No Mr. Asmus moved to deny the appeal, seconded by Mr. Henderson, and passed by unanimous vote. 2. HEARING, CASE NO. 88-4870-216 RICHARD S. BESADE, 1110 N. E. 100th ST. BOAT IN FRONT YARD Mr. LuBien read the facts behind the violation as, a boat parked in the front yard, and is conveniently moved when notices are sent. Members reviewed the photographs. Mr. Besade was present, and he and Mr. LuBien and. Mr. Wilson were sworn in. CODE ENFORCEMENT BOARD -2- 7/7/88 Mr. Besade stated he bought the boat for grandson, who used it only occasionally. He and his wife do a great deal of traveling to Canada, he did not receive every notice, but when he did he;.talked.,with the grandson, who showed a lack of responsibility regarding the matter. He further stated, the boat has been sold., so the. violation.will,not're'ocenr, also he mentioned that he likes Miami Shores, and he & his:wife are preparing to move into the house. Following discussion, Mr. Henderson moved for Finding of Fagt.and Conclusion of Law, and an Administrative fee of $200.Q0 be assessed. The motion was clarified, the Finding of Fact was that the boat was parked in the front yard on three (3) seperate occasions,. Conclusion: of Law, this violates Sec.501(r)(1)(i) of the Code, and ordered that a$200.00 Administrative fee be assessed. Mr. Asmusseconded the motion. Mr. Besade noted he had not received all notices, but .then retracted when he was shown a receipt signed by Stella Besade (his :wife).. He. feels new resit.-:..: dents to the Village should be,informed of.regulations either,by mail or by real estate sales people, or whatever means.possible.. He:loves the Shores but feels he needs to be better informed as do others - Mr. Asmus thers.. Mr..Asmus pointed out, had Mr. Besade responded, upon receipt of earlier notices the Administrative fee may have been only. $110.00, the cost to the Villageof processing the case. After further discussion the vote wascalled, and the motion passed by a unanimous rollcall vote. Mr. LuBien indicated Form 4 A (indicating compliance). will be sent. 3. HRARTNG, CASE NO. 88-4938-217 FELIX ATILES-FIGUEROA, 262 N. E. 103rd ST. OVERSIZE BOAT. No: representative of the, Figueroa family was present. The facts behind the violation asread by Mr. LuBien,is an oversize boat was observed. on. April 5, 1988. The boat was removed in response, to notices, but then the boat was again seen stored on the.premises. Members ,looked at the photographs:. of the violation. There was some discussion concerning other, different violations which have occured at this property. Mr. Asimts moved for Finding of Fact that the violation did. exist, Conclusion of Law, this was a violat.ion'of Sec 501(r)(1), moved.that arLAdmizistrative fee of $200.00 be assessed, and form 4-A be executed. Mr- Stokesberry seconded the motion. There was considerable discussion concerning resolving cases of recurring violations. The vote was called and the motion passed by a vote of 3/1 with Mr. Grau dissenting. CODE ENFORCEMENT BOARD -3- 7/7/88 4. HEARING, CASE NO. 88-4938-217 WILLIAM E. GILBERT, 230.1 N. E. 6th AVE. (9130 N. E. 10th AVE.) BOAT IN FRONT YARD Mr. LuBien recitedthe facts behind the violation as a:boat being parked in the front yard. Photographs were reviewed.by Members, Mr LuBien noted he had received acall from Mrs. Gilbert, who stated they had re- ceived tbe,:.meticea, and were trying to recitify the:::situation, There were insufficient funds to store the boat at a marina:,. it has'.since`been sold at considerable loss. No one was present to represent the Gilberts. Mr. Asmus moved for,Finding of Fact,, there was a violation in..that the boat was parked at the premises, Conclusion of Laws: this .is: a violation of Sec 501(r) (1) (1) of the Code, ordered , that: , $110.00, Administrative,fee be assessed, and form 4-A (indicating compliance) be.execated. Motion was seconded by Mr. Stokesberry, and passed.by unanimous roll call vote. 5. AFFIDAVIT OF VIOLATION - CASK -NO. 88-4902-219 PATRICK DENTICO, 10050°BISCAYNE BLVD. ' INSUFFICIENT PARKING SPACES OVERSIZE BOAT Members reviewed photographs„ • as Mr. Luflien recited the facts behind the violation. Complaints were received.and confirmedof insufficient off street parking spaces, inoperative vehicles,_and'a boat.in excess of 20' in length. Final notice generated no response.nor- action, though an attorney did say the violation would be corrected. Mr. Asmus moved to proceed to the next step, s.econded.by-Mr.. Henderson, and passed -unanimously.. 6. AFFIDAVIT OF VIOLATION.- CASE NO. 88-4952-220 KATHLEEN MC KELVY, 444 N. E. 93rd ST. PAINTING VIOLATION. This violation of painting exterior of house without a. perrnit, and color not in harmony with the surrounding property continuespin spite of1the-:fact that owner applied for and WAS denied color approval bythe:_planning & Zoning .Board. Mr. LuBien reported there has beenno action in response to the final notice. Photographs were reviewed by Members. Mr. Asmus made a motionto proceed to the next step, seconded by Mr. Henderson, and passed unanimously. 7. AFFIDAVIT OF VIOLATION, CASE NO. 88-5002-221 JOHN VAN ZYCK,.254 N. E. 101st ST. FAILURE TO MAINTAIN DRIVEWAY A complaint was deteriorated to noted there had Mr. VanZyck did Mr. Asmus moved because, it was Much discussion certified mail. received and confirmed that; the drivewayin the parkway had the point of being unsafe and dangerous. Mr. LuBien further been no response to initial. notices sent,,.byt two weeks ago come in to obtain a permit.. Members looked at the photos. to go to the next step. The motion died for lack of a second, stated the man had a permit. continued. Final notices are•.sent by regular mail -and by After holding the permit for two weeks, Mr. VanZyck came in • • • CODE ENFORCEMENT BOARD -4- 7/7/88 today for a list of paving contractors. Mr. Grau.,felt. that since Mr. VanZyck.has a permit, he is in compliance. Also mentioned was the length of time a permit is good for, and.the'legality of;permit holder taking action just three weeks before his -hearing or permit expiration. Mr. LuBien.agreed , because of internal. pressure on the department to cite violators, and get violations corrected, this should`go to the next step, getting a permit does not absolve the violation. Mr. Asmus moved to proceed to the next step,.Mr.. Stokesberry seconded the motion, commenting this is an: extenuating circumstance, it isnot a main- tainance issue but a hazardous and dangerous condition.- After continued discussion, Mr. Stokesberry called the question, which Mr. Grau refused to accept. Mr. Asmus suggested a move to the next step, and ;in the meantime, obtain an opinion from the Village. Attorney regarding the matter, and Mr. Stokesberry offered:this as'an amendment. to the motion. Mr. Asmus reworded the motion, to,proceed to the,next.step, with the pro- viso that. Mr. LuBien:get together with Mr. Fann and -!discuss the matter so. that Members will have direction:at;the Hearing. (If we do not -move to the next step we've lost another -thirty (30) days). Mr. Stokesberry seconded the motion,.and it passed unanimously. 8. AFFIDAVIT OF VIOLAT--ION.,.CASE.NO. 88-5005-222 EDWARD DUBOIS IIL, 680 GRAND: CONCOURSE UNTRAILERED BOAT Mr. LuBien advised this.,is.a violation.of-a boaton:.the.ground and extending into the alley right=of-way.. There has, been. no response. or action to notices sent. Members reviewed.photographs. Following: brief discussion, Mr. Asmus .moved to proceed tothe next step, motion seconded by Mr., Henderson, and passed unanimously. 9. AFFIDAVIT OF VIOLATION, CASE NO. 88-5013-223 F & J TRADING C0. ;INC, 969 N. E. 92nd ST. PEELING. PAINT, OVERGROWN.&:UNSIGHTLY Mr. LuBien, noted, there has been no. response;: nor action: to notices sent for peeling paint on the building and unsightly; and; overgrown'. yard, which was first observed on May 10th. Members looked at the photographs of ,the viols,: tions. Mr. Asmus made a motion to go to the next stepo seconded by Mr. Stokesberry, and passed unanimously. 10. REPORTS, FROM PREVIOUS. MEETINGS A. CASE.NO. 87-4279-187 FRANCISCO:VABELA,,130 N. W. 97th ST. CONSTRUCTION WITHOUT.PERMIT A permitwas obtained.. The inspector.was unable to inspect the first t time inspection was called for, because of dogs in the yard, and locks on: the gate. Today inspection by Mr.. LuBien revealed com- pliance willhave .been .acheived if construction stays in place.- CODE ENFORCEMENT BOARD -5- 7/7/88 B. CASE NO. 88-4020-214 N. B. ALDERMAN HUNT., 1032 N. E. 98th ST. JUNK BOAT The boat has been removed. _Iva,. Alderman Hunt is nowin compliance, but has not paid the Administrative fee. C. CASE NO. 88-4903-215 JOSEPH ALCIDA, 18 N. E. 110th ST. UNLAWFUL CONSTRUCTION Mr. Alcida has !eomp-lied, also has paid his Administrative fee. Mr. Henderson reported that Mt.. Kraft hascut his hedge, and it looks very nice. Mr. Bezdek outlined. several complaints, and was advised by Mr. Grau.to itemize and give the list to Mr..LuBien. There being no further business the meeting adjourned at 8:45 P.M. ecr :ary •