04-06-1989 Regular Meeting•
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erhores iitage
F L
OR 10 A
CODE ENFORCEMENT BOARD MEETING
April 6, 1989
The Miami Shores Village Code Enforcement Board regular meeting was
called to order by Chairman Asmus,- on April 6, 1989, at 7:30.P.M.., at the
Miami Shores Village Hall. The following members were present:
Barry K. Asmus, Chairman
Richard A. Colangelo
Charles M. Custin
Owen Henderson
Royal D4Ll aBarre
John L. Stokesberry
Also present: Frank LuBien, Director of Code Enforcement
Herb Kay, Code.Enforcement Inspector
Jack;Wilson, Code Enforcement Inspector
It was announced that Mr. William Schroeder had resigned from the Board,
therefore his absence from the lasttwo meetings.
1. MINUTES - MARCH 2, 1989
The minutes of the meeting of March 2, 1989 were approved, as distributed,
by a motion made by Mr. Stokesberry, seconded by Mr. Henderson, and passed
by unanimous vote.
2. APPEAL OF BOARD DECISION OF CASE #000079 & CASE #000083
ERNEST L. RENZETTI
10395 N. E. 12th AVE.
Mrs. Renzetti was sworn.in. She stated thatshe and her husband are in the
business of selling Porche wheels only, ears are a hobby.. They are too busy
working to go to the Post Office to pick up certified mail. She further
stated they never pick up certified mail and that the'inspector should have
called her.
Mr. Kay explained the: legal and logical means to notify violators is through
certified mail and regular mail. The -Certified mail was returned unclsaimed.
He showed photographs of the violations, case #79 and case #83. Both
violations are now corrected.
Mr. Asmus explained that guidelines and procedure must be followed, the
Renzettis' were properly notified by mail. Public records, do not show the
telephone numbers of addressee,! It is always important and necessary to
pick up certified mail. In response to query, Mr. LuBien noted this is an
ongoing problem, at this address, there aretoo many vehicles parked every-
where except where they should be. The fines atthis time are $385.00 and
1210.p0. The letters do not indicate which fine applies to which case.
Mr. Lee Patton, 10400 N. E. 12th Ave was sworn in, He stated he is a
neighbor and an auto dealer, he said it takes five to six weeks to obtain a
tag, and the truck was in front of the house only twoor three days.
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CODE ENFORCEMENT BOARD
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Mr. Fred Hansel, 1185 NE 104 St also was -sworn in, He noted he also is
a.neighbor, and can state the truck was there only.,two or three days.
Mr. Renzetti arrived atthis point, and he was. sworn .in.. Mr. Asmus up-
dated him on the cAse.to this point, and he agreed, also stating the
telephone number is on his truck and the inspector should have called.
Mr..Henderson moved to deny the appeal, seconded.'by:Mr, LaBarre.
Mr. Custin:moved to.amend the motion.to.deny, he felt the, Administrative
fee of $110.00 on each.. ease, should remain, but the fines be waived. The
amendment v'its-.not.accepted. Thequestion was called on the original motion
and it passed by the following roll.call.vote:
Mr, Henderson Yes
Mr. Colangelo Yes
Mr. Stokesberry No
Mr, LaBarre Yes
Mr. Custin No
Mr. Asmus Yes
3. APPEAL OF BOARD DECISION OF. GAZE #000132
ELAINE RHENNY FISCHER
10090 N. E. .12 Ave
UNLAWFUL OCCUPANCY
Mr. LuBien announced that.Mrs, Fischer had called and requested postpone-
ment.at this time since her attorney was unable to be'present.
4. HEARING, CASE #000126
LUSAN DOUGLAS, 75 NW 95 ST
HEDGE/FENCE BEYOND HEIGHT. LIMITATIONS
.Mr. Douglas was sworn in. He stated.he measured from the street and cut
some, but.does not know exactly where to measure from to obtain the same
measurements as Mr. LuBien, He will be glad tocut back More;if someone
will show him where to cut. Also because:of the fencellis neighbor attempted
to shoot him, and ahcase Is pending nth the State Attorney office.
Mrl LuBien noted. the fence height varies from 5'S" to 5'8". It should be
measured from the, grade. He also asked for documentation .concerning the
case in the State Attorney office. Mr. Douglas was ordered.to comply by
March 6, 1989.
Mr. Stokesberry moved to table this case and place on the agenda for the
next meeting, seconded by Mr. Colangelo, and passed by unanimous roll call
vote.
Mr. Asmus instructed Mr. Douglas to show Mr.:LuBien supportfor his pending
case ith:athe State Attorney. . Also. Mr. LuBien or Mr. Wilson will show him
how to measure the fence.
CODE ENFORCEMENT BOARD
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5. HEARING; CASE #000189
PUBLIX SUPERMARKETS/SECURITY. TRUST: CO
9030 BISCAYNE BLVD
FAILURE TO MAINTAIN PARKWAY
Mr. LuBien noted that. this violation is at the west side of Pblix parking,
in the parkway, At attempt was made: to cleanup the area with gravel, but
gravel is not permitted. Publix was informed the area could be relandscaped
atd maintained, or a catch,basin and.#french. drain::installed. The work has
been completed so the.violation is corrected. He recommended a motion, the
case be closed.
A pepresentative of Publix was present and statedthe work is complete.
Mr. Stokesberry moved that Publix is in compliance and the case be closed,
seconded by Mr. Henderson, and passed unanimously.
6 & 7. HEARING, .CASE . #000225 & CASE #000226
ANTONIO PERDOMO, 67 NW 92 ST
LACK ;OF OFF STREET PARKING
IMPROPER TREATMENT OF REFUSE
Henry Perdomo, son of Antonio perdomo was sworn in.. He stated his father is
overseas,and requested an extension to next month maybe his father will be
present. Henry further statedhelives in the house with,grandparents, a
sister and brother-in-law, hegoes to school and runs his fathers business,
but he has no' funds to spend to do what the Village. expects. Further, Henry
Perdomo stated he has no garbage cans, becausethe garbage men do not take
care of the cans. Cars are parked up to the house so they don't get stolen.
There are five cars at the house.
Mr. Wilson showed picturesof the violations, and stated thatcompliance has
not been met.
Mr. Asmus advised Henry that should the extension be grantedand his father
is not in townthecasecould go on forever. Also he advised that parking
must be provided, and cars parked in their place, also garbage cans with
tight fitting lids must be provided and used, garbage should not be on ground.
Mr. Custinls motion to continue the case to the next meeting, and have
Mr. Perdomo at the meeting with his plans for correcting the violations died
for lack of a second.
Mr. Henderson,- moved for:Finding_of Fact. and. Conclusion of Law, there are two
violationsat the address, these,violate Section 9-2 (B)(C):and the Schedule
of Regulations. Ordered that an. Administrative fee of $110.00 be assessed
on the combined cases, and If not corrected in thirty .days, a,fine of $25.00
per day be assessed in each case. Motion was seconded:, by Mr. Stokesberry.
Juan Corzo, brother-in-law. to Henry Perdomo was sworn in. He stated he also
lives at the residence, and if given a copy of the rules and regulations or
sections of the code violated he will see that they are resolved by the next
meeting.
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CODE ENFORCEMENT BOARD
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The vote' was taken, and motion passed by a unanimous: roll call vote.
Ni. Asmus and Mr. Henderson explained the reasoning.for.the motion and the
order of the Code Enforcement: Board.
8. HEARING., CASE #000235
DAVID G. HAYLOCK, 10635 N. E. 11_Ct.
INOPERABLE_ VEHICLE ON PREMISES
Mr. Kay indicated that Mr. ,Haylock has a deteriorating car:in the yard
which is never moved. There have been numerous complaints, he said.
Mr. Haylock is in town at the present, according to neighbors, but travels
a great deal.
Mr. Haylock was not present atthe meeting.
Mr. Stokesberry moved for Finding of Fact and Conclusion .of Law the viola --
tion to Sec 13-1 does exist, ordered that Aelm-Tnistrative cost of :$110.00
be assessed., and if not corrected in thirty days, a fine of $50.00 per
day will be levied.. Mr. Custin seconded the motion which passed by a
unanimous roll call vote.
9 & 10. HEARING, CASE #000242 & #000243
JOHN ERI CESAR, MARIE IRAHU, 9400 N. W. aid Ave.
INOPERABLE VEHICLE ON PREMISES, & LACK OF OFF STREET; PARKING
Mr. Wilson stated he had observed and received compiain.ta of numerous cars
parked at this residence. He noted several cars parked with paper tags,
some expired. 'Upon being notified, vehicles were moved around and some t
tagged, He was . told by Mrs. Cesarthat that they: were waiting for a boat to
transport the vehicles to Haiti. The correction ofthe violation was less
than a week late.
Mr. Cesar had some difficulty. communicating with. Members but was sworn in
and stated he was waiting for a boat to transport the ears to Haiti to two
children there. Two people have_moved from the house, and. the violations
will not reoccur.
Mr., Henderson moved to dismiss the case, which died for lack of a second.
Mr. Colangelo moved for Finding of Fact the cars were parked;at. the residence,
Coni&usienrof Law this is a.violation.of Sec 13-1 and the Schedule of Regula-
tions, ordered that an Administrative fee of: -$110.00 be assessed.,for the
combined cases.. Motion was seconded by Mr. Custin,, and passed by the follow-
ing roll call vote: W. Henderson No
Mr,., Colangelo Yes
Mr. Stokesberry Yes
Mr. LaBarre Yes
Mr. Custin Yes
Mr. Asmus Yes
Mr. Asmus explained the Boards action being taken, because he had not corrected
the violation beforeahe ..specified date.
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CODE ENFORCEMENT BOARD.
11. MR..DOMINIC TONDO
1279 N. E. 97th St.
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Mr, Tongo,is the owner of the.property at 1311,,N, E.: lO5th St. This is the
site of a violation, commercial washer and dryer being,placed.on the outside
of the building, of:which.he was notified by.mail. The letter was delayed
when it was sent to thewrong owner, opened and given,to,:himby a person who
knows him. He requested an extension of.time, which he was told only the
Board can grant, because of:the mail delay and lapse'of time. Mr. Tongo is
aware of the problem, he..can:disconnect the appliances.: -immediately, but needs
time to move them. He further stated that he.can.comply by May 4.
Mr. Custin.moved to .give: Mr. Tongo until May 4:,to.comply, seconded by
Mr. LaBarre., snd.passed unanimously.
There -being no further business, the meeting adjourned at 8:45 P,M.
Approved j(