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02-02-1989 Regular Meeting• Miami chores` illage F L OR ID A CODE ENFORCEMENT BOARD MEETING February 2, 1989 The Miami Shores Village Cade Enforcement Board:regular meeting was called to order by Chairman, Barry Asmus, on.February 2, 1989, at 7:30 P.M. at the Miami Shores Village.H*11. The following members were present: Barry K. Asmus, Chairman Richard -A. Colangelo Charles M. Custin Owen Henderson III Royal D. LaBarre John L. Stokesberry William Schroeder Also present: Frank LuBien, Director of Code Enforcement Herb Kay, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES: - January 5, 1989 The minutes of the meeting of January 5, 1989 were approved, as written, by a motion made by Mr. Stokesberry, seconded -by Mr. Henderson and passed unanimously. 2. HEARINGS CASE NO. 000082 DENNIS B. FREEMAN, 1269 N. E. 99th ST. UNAUTHORIZED CONSTRUCTION/ALTERATIONS Mr. Wilson, Mr. Kay, and Mr. LuBien were sworn in for testimony in all cases for the evening. Mr. Strump, representative for Mr. Freeman, also.was sworn in. Mr. LuBien noted that though a permit had been applied for, ':the pool and other work, no permit was obtained for the wall. The owner stated that no permit had been obtained because he needs to go before the Planning & Zoning Board for approval as to harmony because of the wall height. Mr. LuBien advised him plans are necessary, upon his return from out of town, today a set of plans and request for hearing was on his desk. He has not had an opportunity to review these. The pool is on the front of the house and it must be screened from the street. Mr. Kay showed photographs of the violation to Members of the Board. Mr. Strump indicated he received notice approximately 12/2/88 and immediately attempted to .comply. He needs time to make his request before the Planning and Zoning.Board. Mr. Asmus indicated the Planning & Zoning Board may or may not approve the wall, and if it is rejected it might have. -to be cut down. Mr. Schroeder moved to table the violation 6-4 to allow Mr. LuBien to review the plans and schedulethe request before the Planning & Zoning Board. The motion was.seconded by Mr. Stokesberry, and passed by unanimous roll call vote. CODE ENFORCEMENT BOARD MEETING -2- 2/2/89 JTRARTNG, CASE NO. 000100 GEORGE L. ONETT,.950 N. E. 96th ST. UNSIGHTLY FASCIA, SOFFIT',' HOUSE EXTERIOR Mx. ()nett noia representative was present at the meeting. Mr. LuBien read the facts behind:the violation. A call was received from Ocala, Mr. Onett's secretary explained that Mr. Onett is out oftown, and that the violation will be corrected. Mr. Henderson made a motion for Finding of Fact the .exterior of the house is not maintained properly, Conclusion of.Law this is a violation of 12-133 of the Miami Shores Village Code of Ordinances, ordered that an Administration fee of $110.00 be assessed and a fine of $25.00.per day..imposed'if the violation is not corrected. in thirty days. Mr. LaBarre.seconded the motion, which passed.by unanimous roll call vote. HEARING, CASE NO. 000116 TORCUATO'VARON, 816 N. E. 91st TERRACE COMMERCIAL VEHICLE IN RESIDENTIAL ZONE. Mr. &..Mrs. Varon attended the meeting and were sworn in, Mr. Kay recited the facts behind the violation.. He stated. that upon notice of violation that the commercial vehicle is not allowed in. the residential area, the man covered.it with a tarpaulin He showed Members photographs of the violation. He further stated that the van is not there at this time. Mrs. Varon stated that she does understand the violation, and is attempting to make corrections. .Following brief discussion, Mr. Schroeder moved for Finding of Fact, the commercial vehicle was. parked in the residential area, Conclusion of Law, this is a.violation of the Schedule of Regulations, ordered that .a $110.00 Administrative.fee be assessed,;and it should be made clear that should the vehicle return at the residence, the fine will be Stiff. The motion was secon.ded.by Mr. .Colangelo, and passed unanimously by -roll call vote. FRARTNG, C,ASE.NO. 000126 & NO. 000127 LUSAN.DOUGT.A,, 75•N. W. 95th STREET HEDGE/FENCE BEYOND HEIGHT LIMITATIONS UNAUTHORIZED CONSTRUCTION/ALTERATIONS Mr. Wilson recited the facts behind the violation,_ and passed around photo- graphs for Members. to review. He had talked With Mrs. Douglas who stated her husband was out of the country and she had to wait for,his return to correct the violation. Mr. Douglas was sworn in. He stated his brother-in-law who: did. the fence for him is in Jamaica. He had not realized the permit has expired. He can cut the fence down to acceptable height, but has a problem with cutting back the iron gate. Mr. Stokesberry moved for Finding of Fact, -the fence permit haa expired, and the fence built is too high, Conclusion of Law these are.viollations of 6-4, and 518(A), ordered that Administrative cost.of $110.00 be assessed, and if CODE ENFORCEMENT BOARD -3- 2/2/89 not corrected in thirty days a fine of $25.00 per day will go into effect. The motionwas seconded by Mr. LaBarre, and passed by -unanimous roll call vote. Mr. Asmus advised Mr. Douglas to be sure to call for inspection immediately upon completion. HEARING, CASE NO. 000132 ELATNE'RHENEY FISCHER, 10090 N. E. 12th AVENUE UNLAWFUL OCCUPANCY Mrs. Fischer was sworn in. Mr. LuBien noted -that Mrs. Fischer came in to see him immediately upon receiving the notice of violation.dated.January 9, 1989, also in response to his suggestion, she wrote a letter to.the_Board with:a copy. of the nurse's statement. attached. Mr. Kay stated the house is a two. bedroom house with maid quarters and a remodeled. garage was being rented. He was able to. obtain evidence from a renter,but had no -complaints. The man has:since moved and Ms.w Fischer takes care of a very:sick cousin who stays in the house with her. Mr. Stokesberry noted that the violation.notice.was,.sent on January 9, 1989, and the violation was corrected well within the. specified time, 1/24/89; therefore it doesn't seem necessary for the. case to be on this agenda. Discussion continued. Mr. Schroeder moved. to charge Mrs. Fischer $110.00 Administrative fee, and waive., the fine since she,is now in compliance.. Mr; Stokesberry seconded the motion which passed by unanimousrollcall vote. HEARING, ..CASE N0. 000102 CARVER L. JOHNSON, 323 N. E. 91st STREET GENERAL UNSIGHTLINESS No one was at the meeting to represent Mr. Johnson. Mr. Kay advised Members that this was turned over to Public Works Dept. for clean up. There is no longer,a violation. HEARING, CASE.NO. 000103 WILLIAM MORELL, 1100 N. E. 91st TERR. INOPERABLE VEHICLE ON PREMISES Mr. Morell nor a representative were present at the meeting. Mr. Kay advised, this is a real mess., He passed photographs for Members to review. He further indicated there are three inoperable vehicles at this address, He has made several attempts to hand deliver the. violation. notices when the, certified letters were not picked up at the Post Office. 'Nothing has been done, the violation continues since December 15, 1988. There have been prior violations at this same address. Following further discussion Mr, LaBarre moved for Finding of Fact the vio- lation exists, Conclusion. of Law this is a violation of Sec 13-1 of the • CODE ENFORCEMENT BOARD -4- 2/2/89 Miami Shores Village Code of Ordinances, ordered„ that=: there be a $110.00 Administrativefee, and if not corrected in thirty days.a,fine of $75.00 per day will go into :effect. Mr.-Custin-seconded the motion which passed unanimously. HEARING, CASE NO. 000104 WILLIAM MORELL,.1100 N. E. 91st TERRACE GENERAL UNSIGHTLINESS Mr. Morell was not: at the meeting. Mr. LuBien noted the mess at this residence is am ongoing problem. Mr. Colangelo made a motion for Finding of Fact..thefe 3s a violation, Conclusion of Law.:the general unsightliness vinlatesSec.10-1 of the Miami Shores Village Code of Ordinances, ordered that Mr. Morell pay an Administrative costof $110.00, and $50.00 per day if the violation is not corrected in thirty days. HEARING, CASE NO. 000129 JUANITA A. ANDERSON/GIVENS, 492 N. W. 111th TERRACE JUNK CAR ON. PREMISES Ms. Anderson/Givens was not present at the meeting, nor.didshe have any- one.to represent her. • Mr. Wilson showed the Board photographsof the violation. He stated that she had been cited a year or so ago. The violation has reoccurred. • Mr. Custin moved for Finding of Fact,the violation exists, Conclusion of Law, the junk car on. premises is a violation of Sec 501(k) of the Miami Shores Village Code of Ordinances, ordered that -$110.00 Administrative cost be assessed, and if the violationisnot corrected:in thirty days, a fine of $75.00 per day will go into.effect. The motion was seconded by Mr.. Schroeder, and passed unanimously. HEARING, CASE NO. 000134 M. A. REY./ GENEVItvE_KIRBY, 9204 N. E. 10th AVE. THREE INOPERABLE VEHICLES ON PREMISES Neither M. A. Rey nor Genevieve Kirby were at the meeting,. Mr. Kay stated thatthere were three vehicles at the residence, but now there are only two. He passed photographs of the violations for Members to review. Following brief discussion, Mr. Schroeder moved for Finding. of Fact, the junk cars parked at the residenceare a violation,. Conclusion of Law, this is a violation of Sec.. 10-10 of the Code. of Ordinances.,ordered that an Administrative fee of $110..00 be assessed, and ..if.the vehicles are not re- moved in thirty days,a fine of $75.00 per day will go into effect. Mr. Colangeloseconded the motion which passed unanimously. CODE ENFORCEMENT BOARD -5- 2/2/89 IANC,. CASE. NO, 000142 MARIE & LEWIS HARMS, 9304 N,- MIAMI AVENUE VEGETATION ONPUBLIC RIGHT-OF-WAYS Mr. Wilson statedthat this violationhasbeen corrected. HEARING, CASE NO. 000143 JOSEPH TANNIS, 9816 N. MUNI AVENUE COMMERCIAL VEHICLE. IN RESIDENTIAL AREA Mr. Wilson noted that this-c©mmerciai vehicle. is: a taxibab,aand this is an ongoing violation, It.disappears:briefly, andwhen Mr.. Wilson observes::it and asks about.it, Mr. Tannis.explains that he is home for a short while to.takehis wife to the doct0r'.or he is homey -.for lunch.. Mr. Stokesberry moved for. Finding of Fact the:vehicle is in violation, Conclusion of Law this is a violation of.the Schedule of- Regulations, ordered_.that the. Administrative fee be $1:10..00,and.. the taxicab shall be removed permanently, there shall be.a fine imposed. of •$75.00 per day if not corrected in thirty days, Mr. Schroeder' seconded the motion, and it passed unanimously. There being no further business to come before the Board, the meeting adjourned at 8:35 P.M. •