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01-05-1989 Regular Meeting• • adiami fhoren llaye R L O R 1 D A CODE ENFORCEMENT BOARD MEETING January. 5, 1989 The Miami Shores Village Code Enforcement. Board. regular meeting was caned ed. to order by Chairman., Barry Asmus, on January .5, ;1989:,, at 7:30 P.M., at the Miami Shores Village Hall. The followi>g.members,:were present: Barry K. Asmus, Chairman Richard A. Colangelo Charles M. Custin Owen Henderson III Royal D. LaBarre John L. Stokesberry Absent: William Schroeder Also present: Frank LuBien, Director of Code Enforcement Herb Kay, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES -. December 1, 1988 The minutes of the meeting of December 1, 1988 were approved, as distributed, by a motion made by Mr. Stokesberry, seconded:by Mr'.. Henderson, and gassed by unanimous vote. 2. CASE # 000076, 000077, 000078 MRS. NANCY.GLASG0 0*NEILL_ 541 N. E. 105th ST. Mr. LuBien suggested all three.cases be handled.together, and he read the facts behind each violation. #000076 - inoperable. vehicle, (Mercedes);:bnet in garage. #000077 - hedge in excess of maximum height limitation. #000078 = failure to maintain property- in.a clean and sightly condition. Weeds or other growth, trash and rubbish must be removed. Mr. LuBien, Mr. Wilson and Mr. Kay were sworn in. Mrs. O'Neill also was sworn in. Mr. Kay noted the.violations were to. be corrected..by. December.14, 1988. Compliance was not complete by that date. He had.conversation'with both Mr. O'Neill,and with Mrs. O'Neill. There:has been considerable clean up at the residence, and Mrs. O'Neill is now in compliance except for minor points. Mrs.. O'Neill testifiedthatshe has very , recently gone through a divorce and placed the house in -her name. She works.. and attends school, has two boys and a daughter in. college who.. came home December .19, 1988 and immediately began to,help with the. clean..up.._ There are. no_ extra.. funds, available to hire help. The green mercedes.which was.inoperable.has been tagged and Insured this week. Discussion took place, In response. to.Mr.. Stokesberry, Mr. Kay estimated thereremains a•half.days work. to be in complete compliance,: assuming there is the manpower. The pool also needs to be cleaned:.up.. Mrs. O'Neill noted it will take.. two more days to complete all requirements for compliance. • • • CODE ENFORCEMENT BOARD. -2- 1/5/89 Mr. Stokesberry moved for Finding of.Fact., the --violations exist, Conclusion -of Law, the sections of the code being .violatedare 13-1, 518(A) and 10-1. Extenuating. circumstance are involved.,. -and Mrs. O'Neill has made- a sincere, good faith effort to clean. up. There shall. be an inspection made one week from -today and.if cotnpliance. i.. met there shall be no Administrative fee nor fine imposed. The motion was.seceonded by Mr. Henderson,. and passed by a..unanimous roll call vote. Mr. Asmus explained the Boards action to Mrs. O'Neill. He comply completely, including cleaning the pool, within one highly unusual. that an -Administrative fee.is not assessed, Also -the Mayor's Task -Force was. suggested to:Mrs. O'Neill, need additional assistance. 2. CASE # 000084, and 000085 SECONIL AVENUE ASSOCTATES< 159 N. E. 97th ST., 9700 N. E. 2nd AVE. suggested she week. It is .he told her. should she Mr. LuBien read. the facts behind the violations. #'000084 — failure to maintainproperty in a clean and:sightly condition. The area behind the bakery and Duffy Realty. always'.is unsightly. #000085 - The exterior of the property is net maintained. Peeling paint and rotted loose wood on mansard and cantelever. Inspection today revealed work is being done, but basic problems continue to exist. There is no -grass in what. should be the grassy area, and a commode in:the rear of the bakery with a hose extending from the window. Mr. Wilson stated this is used to wash out the mops for the bakery. Mr. Moroz stated that he did hire. a contractor '.whoobtained.a permit and, work is being done, He was requested to cease.:work during:the holidays, but will startup again tomorrow. New septic tanks and grease:traps will be installed. The entire building will be pressure cleanedand-painted. In response to query. and. in discussion Mr. Moroz also stated,.he does not own .the building, but is the manager. He has had difficulty in getting good tenants. The commode.whi:ch he thought Was removed,.. will. be gone permanently. He estimates it.will take, two weeks to complete.the work to comply fully. Mr. Henderson made a mot.ion,far.Finding of Fact that. violations do exist in case..#00008.4 and.#000085, Conclusion. of. Law, the sections of the code in violation are 10-1, and 12-133, that an Administrative fee of .$110.00 be • assessed in each case KTotal $220-,00), and further if the violations are not corrected in;thirty days there shall bea fine levied of $25..00 per day, per case. (Total of $50...00'per day). Motion was seconded by Mr. LaBarre. Mr. Moroz objected to. the fines imposed, stating the owner is.spending a considerable . amount of. money. to correct alllthe violations . and to improve the whole building. He requested the fines be waived. Following further discussion, the votewas called., and the motion passed by a unanimousroll call vote. Mr. Asmus explained.the action of the Board to.Mr, Moroz:, and advised him to get the place cleaned up as soon as possible., and pay: the fine quickly. Also, the Code Enforcement Department should be called for inspection as soon as the violations are corrected. • • CODE ENFORCEMENT BOARD 3.. CASE #000079 and #000083 RENZETTI, ERNEST L. 10395 N. E. 12th AVE. -3- 1/5/89 Mr. LuBien read the facts behind the twoviolations. #000079 - parking. a.commercial vehicle.in a:residential zone. #000083 - a vehicle -.with an expired tag stored on premises. Mr. LuBien explained this is an ongoing problem at the same location.. Just today he observed an inoperable vehicle and commercial vehicle stored at this location. Mr. Renzetti is in the auto business andconstantly rotates the vehicles in front. Mr. Renzetti did not attend the meeting‘ Mr. Ray noted that. the notices sent and hand delivered have been completely disregarded. Members .reviewed.photographs of the violations taken by Mt. Kay. Brief discussion followed.. Mr. Stokesberry moved for Finding of Fact, and Conclusion of Law, the violations exist to Schedule of. Regulations and 13-1 :of the codes df Miami Shores Village, an .Administrative fee of $110..00 be assessed on each case (Total $220.00)., and a fine of $25...00 per day, each ease,should the violation continue after two weeks ($50.00 per day total). The motion was seconded by Mr. Colangelo, and --passed by a unanimous roll call vote. . CASE #000095 TANNER, REGINA L. 92 N. W.- 100th TERR. Mr. LuBien read the facts:. behind the. violation. The Thunderbird" with a flat fire is still parked at the premises. Mr. LaBarre made a motion for Finding of,Fact and Conclusion of Law, the violation -to Section 13-1 of Miami Shores-Village'Code of Ordinances exists, and an Administrative fee of $.110.00 be assessed, also a fineof $25.00 per day will be levied if the -vehicle is not removed in two weeks. Motion was seconded by Mr. Custin,d;:and passed unanimously. 5. CASE #000099 Mrs.:Arthur J. Habersin 51 N. E. 99th ST. Mr. LuBien noted, this case was printed for the agenda;,,by the computer in error. The violationhas been corrected and the case closed. In discussion regarding._ the new. system, Mr,. LuBien..reported.there are no longer Reports from Previous Meetings, because it is now all in the cuter. Regarding the Administrative. fee, Mr.:Henderson made a motion to add the word minimum before :4_c amount of $110.00, in the last. paragraph. of. the. Notice of Violation - Summons to Appear. This.will allow the Board more leeway in assessing Administtative fees, The motion was seconded byMr. LaBarre and passed unanimously. • • • CODE ENFOBCEMENT BOARD -4- 1/5/89 Mr.. Stokesberry requested that all Notice of Violation - . Sammons, to .Appear letters be signed and dated, (citing Case #000084 as example). Mr. LuBien replied that this can be done. There was: -discussion concerning photographs of violations. Mr. Asmus noted that photographs had been a good idea to refresh memory-of:the Members regarding violations. Mr_. LuBien responded this is a very'expensive undertaking•.to photo- graph each violation written up. From an economic standpoint it.would-.not be feasible. A motion was made by Mr.,Custin, seconded by Mr. Stokesberry to photograph allviolations. on compliance due date, if compliance has not been met. The motion; passed unanimously. Mr. Henderson inquired, concerning Case #000036, J@nassaint, 22,N..14. 103rd St(, which was on:last month's agenda. Mr. LuBien informed the Board he now -has a mailing address for Emanuel Jpnassaint, and this case will:appear'on the agenda next month. In response to inquiry conderning_the dondition and status. of: the. unfinished house at 934 N. E. 98th Street, Mr. LuBien Will review the situation and report back.to the Board.at the next meeting. In discussion, Members agreed, the house should be razed or building completed. There being no further business the meeting adjourned at 8:30 P.M..