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03-02-1989 Regular Meeting• aiami crhoresc-illage F L OR ID A CODE ENFORCEMENT BOARD MEETING March 2, 1989 The Miami Shores Village Code..Enforcement Board. -regular meeting was called to.order by Vice Chairman, Owen Henderson, on March 2, 1989, at 7:30 P.M., at the Miami Shores Village Hall. The following members were present: Owen Henderson III Richard A. Colangelo Charles M. Custin Royal D. LaBarre Absent: Barry K. Asmus, Chairman 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 - FEBRUARY 2. 1989 The minutes of the meeting of February 2, 1989wete approved, as written, by a motion made by Mr. LaBarre, seconded by Nr.,.Custin, and passed by unanimous vote. 2. APPEAL OT' BOARD DECISION OF CASE #000079 & CASE #000083 ERNEST L. RENZETTI 10395 N.: E. 12th AVE. Mrs. Renzetti call Mr. LuBien this evening about 7:00 -P.M. to explain that they are very busy at• the. business, and could not get away. She re- quested the appeal hearing be postponed to the April -meeting, Mr LuBien explained this is not -tout of order if the Board so chooses. Mr. Custin moved to recognize the request to postpone the appeal to the April meeting, seconded by Mr. LaBarre., and carried unanimously. 3. HEARINGS CASE #000159 UNLAWFUL STRUCTURE 143 N. W. 110th Street ANDREW J. PARKER Mr. LuBien explained that Mr. Parker .is aware of the violation. He was not aware that the aluminum;canopy is prohibited, northat the contractor did not take out a permit. The contractor did:advise Mr.. Parker that should there be any problems with the structure. he will take care of it, and he gave Mr. Parker an affidavit to this effect. The contractor has since come in and paid.the.$50.00 fee for a variance and:is scheduled on the agenda for the Planning & Zoning Board on Thursday, March 9, 1989, Mr, Parker happens to be a victim of.circumstance. • • • CODE ENFROCEMENT BOARD -2- 3/2/89 Following Brief discussion -,.Mr. LaBarre moved to table the hearing until it is heard by. the Planning & Zoning Board.. Motionwas seconded. by Mr, Custin, and passed unanimously, CASE # 000199 GENERAL UNSIGHTLINESS 253 N. E. 101st STREET JO GALBRAITH Mr. Pilchmoni., Mr. LuBien, Mr. Kay and Mr. Wilson were sworn .in. Mr. Pilchmoni stated he is the husband of Jo Galbraith, and is attending the meeting on her behalf. He stated, he had some medical problems last year and compliance was difficult, but he is ok now... Mr. Kay/in response to query from Mr. LuBien explained that letters were sent, and a card left at the door, though heis now in compliance, he was not so by the date due, February 23, 1989. Mr. LuBien further noted this is a recurring violation. Mr. Custin moved for Finding of Fact, the property:was generally unsightly, Conclusion. of Law, this is a violation of Sec.. 10-1 of the. Miami Shores Village Code of Ordinances;, ordered that an. Administrative fee of $110.00 be assessed. Following further -,brief discussion by Mr. Pilchmoni, the motion:passed by a. -unanimous roll call vote... CASE #000136 -- CASE #000137 - CASE #000138 UNSIGHTLY. FASCIA, SOFFIT, HOUSE FXTERIOR AND -GENERAL, UNSIGHTLINESS 29011. W. 93rd STREET LEROY. SLOAN Mr. Wilson explained that he.has had fulland complete cooperation from Mr.. Sloan. There were three violations, but Mr. Sloan is almostin complete compliance. The house looks 100%_ better. Mr. Sloan was.sworn in,. and stated,.the house was.a total wreck when he bought it. He started to work on the inside,but when violations were called to his attention he then began, to work outside. He tried to do what he could, as fast as he could. Mr. LuBien notedthe first notice was:sent January 10, 1989, violation to be corrected by.February 8, 1989, the only problem. left is the'painting of the roof, which Mr. Sloan said he could do in fifteen (15) days, with the benefit of an extension. Mr. Custin moved that in view:of the attempt to comply an.extension of 15 daysbe granted. The.Administrative.fee will be waived.: Mr. LaBarre seconded the motion which passed by a unanimous roll call vote. • • • CODE ENFORCEMENT, BOARD -3- 3/2/89 CASE #000113:AND CASE #00011.4 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 10704 N. W. 2ndAVENUE JOSE, R. ESTRELLA Mr. Wilson explained the structure in Case #000113 has been torn down, and the fence violation in Case #000114 has.been corrected. Mrs. Estrella:.was sworn in. She stated, throughher interpreter, that Mr, Estrella is out of town, the violations were corrected by the dates required, but they did not know that: --they must inform the inspector. Mr. Custin moved to find that the violations are corrected, the intent to comply has been met, therefore the Administrative:fee be waived. Motion was seconded by Mr. Colangelo, and ended with the following tie vote. Mr.. Colangelo. - Yes Mr. Custin Yes Mr. LaBarre No Mr. Henderson No. In discussion, Mr.. Custin explained thatthe Estrell's'did respond to the notices, and action was taken. Our rain:.objective is to get a violation corrected, and a sincere attempt has been made to _comply. Mr. Wilson explained that permit had been obtained, and violations were corrected, the only question is we weren't notified, The vote was again called on the same motion, and passed by a unanimous roll call vote. Mr. Henderson explained the Board's decision .to Mrs. Estrella. CASE #000176 GENERAL UNSIGHTLINESS 43 N. W. 110th STREET LYONEL NOEL & MARIE DORNEZA Mr. Dorneza was sworn in, The facts behind the violation. were read. by Mr. LuBien Photographs of the violationwere reviewed by the. Board. Mr. Wilson stated the first notice was sent January 26, 1989, and the violation was to be corrected by February 10, 1989. Some. work. has been done, his concern is the commercial dryer on the patio,., and the unacceptable plumbing. Mr. Dornexa noted he bought the house with the attached carport, and the plumbing connections for washer and dryer were in place. He bought the big dryer.which is stored on the carport temporarily. He was: told the.plumibing connections are a non -conforming situation. So far as the grass is concerned, he has tried several.timesto get grass -=growing without luck. Mr, LuBien explained the computer was not programed for,the laundry equipment violation which should be inside the building,,. What is the intent of 'this laundry equipment? The violation being considered this evening, is the general unsightliness of the yard. (No grass, water running on ground, etc). • CODE ENFORCEMENT BOARD Discussion continued. -4- 3/2/89 A motion was made by Mr. Custin for Finding of Fact, the yard is unsightly, Conclusion of Law, this is a violation of A:0-1 of Miami Shores Village Code of Ordinance., Ordered that an Administrative fee of $110.00 be assessed, and the yard must be in compliance in 30'days':(1ean upit properly sodded, and grass growing), at which time a $20,00 per day fine will kick in. The motion was seconded by Mr. Colangelo, and passed by unanimous roll call vote. Mr. Henderson explained the Member's action. Mr. LuBien also explained to Mr. Dorneza that the washing machine must be moved in 15 days (by March 18, 1989). Following furtherdiscussion with Mr. Dorneza, Mr..LuBien told him that he.and-Mr. Milson will meet him at 9:00 A. M. tomorrow:to point out the violations. CASE # 000135 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 10816 N. W. 2nd, AVENUE LOUIS MILHONME Mr. LuBien read the facts behind the violation, the exterior of the structure not properly maintained. Mr. Wilson indicated he had no response to violat-ion,notice, and the violation continues. Mr. Colangelo moved for. Finding of Fact, there is excessive peeling paint and mildew on. the house, Conclusion of Law, this is a violation of Section 12-133 of the Miami Shores Village Code of Ordinance, ordered that an Administrative fee of $110.00 be assessed, and if the violation is not corrected in thirty days, a fine of $25.00 per day will be levied. Mr. LaBarre seconded the motion„ which passed by unanimous vote. CASE #000146 UNAUTHORIZED CONSTRUCTION¢ALTERATIONS 10130 NORTH MIAMI AVENUE JOHN MUMFORD The facts behind the violation were read by Mr. LuBien. He explained to Members that Mr. Mumford was notified, the color he painted the house with- out a permit is unacceptable. He requested a hearing before the Planning and Zoning Board which denied the -color, and also -an appeal to Council was denied. No further action has been taken.. to correct: the problem. Mr. Custin moved for Finding of Fact, and Conclusion of. Law, the house color painted withouta permit is a violation of Section 6-4 of Miami Shores Village Code of Ordinances, and an Administrative fee of $110.00 is assessed. If the violation is not corrected in thirty days a fine of $20.00 per day will be levied, motion was seconded by Mr. Colangelo. In of the fact no action was taken following Council denial of appeal, -Mr. LaBarre moved to ammend the motion to:levy a fine of $50.00 per day if not corrected,in 30 days. The amendment was accepted by Mr. Custin and Mr. Colangelo. The motion by Mr. Custin passed unanimously, the amendment by Mr; LaBarre passed unanimously. • CODE ENFORCEMENT BOARD ('ASE #000155 and CASE.#000156 LACKOF OFF STREET PARKING INOPERAB.LE.VEEHIELE ON PREMISES 52 N. W. lllth STREET WILLIE. MAE SAPP -5- 3/2/89 The facts behindthe violation were read. by 'Nr. LuBien, and at his suggestion the Board heard each case separately. Mx. Wilson showed Members photographs of.the violation. One auto without a license plate was removed, a.plate Which spired in 1988 was placed on another car. Futther,.Mr. Wilson was informed this is,a staging area:for cars destined to be moved to Haiti, Mr. Colangelo` in Case:.#000155. moved for Finding ofFact., and Conclusion of Law, the.vehiclesgare illegally parked on the lawn, and this' is.a violation of Miam — Shores.Village Schedule;of Regulations, ordered that a $110.00 Administrative fee be assessed, and if notcorrected in 30. days, a fine of $25.00 per day'will be levied, Mr. Custin seconded.the motion which passed unanimously. In, Case #000156, Mr. ,Cdlangelo: moved: for Finding'of'Faet., and Conclusion of Law,. the vehicles are not:in provable. operating. condition, against the Miami Shores Village Code. of; Ordinances Section 13-1. A $110.00LAdministrative fee will be assessed, and.if notcorrected-in thirty.days, a fine of $25.00 per day will be levied. CASE #000.158 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 88 N. W. 111th STREET HELEN M. JOSEPH Mr. Wilson showed photographs of, the violation to Members. He stated this violation continues to exist. Mr. Custin moved. for. Finding of Fact, a commercial vehicle parked in the residential zone is a violation, Conclusion of Lara; the Schedule of Regulations is the section.of the Miami.Shores Village Code being violated, a,$110.00 Administrative cost id assessed, and a fine: of $20.00 per -day -will be levied if not, corrected in thirty days.. Motion was seconded,by Mr. Colangelo, and passed unanimously. CASE #_000180 UNAUTHORIZED. CONSTRUCTION/ALTERATIONS 105 N. E. 95th STREET ANDRE THEVENIN Mr. LuBien read the facts:behind the violation, and explained that immediately upon being notified of the. violation Mr. Thevenin contacted Mr. LuBien who explained the requirements for correction;. Mr. Andre T'heveniniias brought in plans, andis scheduled for consideration. by the Planning & Zoning Board on March 9, 1989, the proper motion is to. grant an extension. Mr. LaBarre moved to grant a..30 day extension oruntil the. Planning & Zoning Board has reviewed the plans, motion was seconded.by.Mr. Custin, and passed unanimously. • • • CODE ENFORCEMENT BOARD -6- 3/2/89 Mr. Colangelo inquired about computer. printouts, and how,the Code Fnf.orcement process is working on,the,.computer. Mr. LuBien explained, there are glitches as with any new system, overall we are ahead of other•.eommunities in timely and effective enforcement. In reply„to query from Mr.. Custin concerning: the new house at N,, E. 105th St and Biscayne Blvd, Mr, LuBien noted that corrective measures.are.required before a Certificate of -Occupancy can be issued; The -owner -has been advised of the problems as requiredby the Planning & Zoning Board, -and by Mr:. LuBien. Little work has been done on the property, but so long as 180 days do not.laps.e between inspections or work going on nothing can. be done by this Board. Concerning 934 N. E. 98th Street, Mr. LuBien explained that prospective new owners of the property were in today to look.at the original plans and obtain a permit. He had the gentleman write an:affidavit to:the effect'that`he will.be.the new owner and plans to finish the, construction begun,. There being nofurther business to come before:the.Board, the meeting adjourned at 8:50 P.M. c7,4/ 0W./ ecre ary Approved Owen Henderson III, Vice Chairman