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05-04-1989 Regular Meetingaiami Jhorentage F L OR ID A CODE ENFORCEMENT BOARD MEETING MAY 41 1989 The Miami Shores 'Village Code. Enforcement Boardregular meeting was calledto order. by. Chairman.Asmus, on May 4, 1989, at 7;30 P,1., at the Miami Shores,. Village. Hall, The following remhers were present: Barry K. Asmus, Chairman Richard .A,Colangelo Owen Henderson John L, Stokesberry Absent; Charles M.: Custin Royal D, LaBarre Also present: Frank LuBien, ' Director of Code Enforcement Robert Rodriguez., Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector Robert. Rodriguez was introduced and welcomed as our new Code Enforcement Inspector. MINUTES.- APRIL 6, 1989 John Stokesberry movedto approve the minutes of the meeting of April 6, 1989, as distributed, seconded..by Mr, Colangelo, -and passed unanimously. Cases were heard in the order listed on the agenda, and those who werepresent for. the meeting. 1. HEARING, CASE NO. 000265 UNSIGHTLY FASCIA, SOFFIT, HOUSE F7i'ERIOR 9353 NE 9 AVE OWNER.HARRIETTE J LEFLER Mr. LuBien passed around photographs of the violation showing the condition of the exterior of the residence, and work in progress. Notice was sent March 16 when,:. the violation was observed, with a due date of April 16. He further noted the house is wood with numerous coats ofpaint which cannot be removed by machine. Mrs. Lefler.. explained it` is a_ slow tedious job. Sandblasting doesn't work nor does the stripper, To be effective the work:must be done by hand and only several hours per day. It will take a minimum of 90 days to complete the sanding, Mr. Henderson moved for Finding ofFactand: Conclusion of Law there is a violation to Sec. 12-133 of the Miami Shores Village Code `;of Ordinances, ordered.that'since work is in progress, the case` be continued to Aug 3, 1989. (The date of the August meeting), Mr, Stokesberry seconded Idle motion, which passed withthe following roll call vote: CODE ENFORCEMENT BOARD --2- 5/4/89 Mr, Henderson Yes Mr. Stokesberry Yes Mr.Colangelo Yes Mr, 'Amnia No, 2. HEARING., CASE NO. 000.26.9 UNAUTHOBIZED.CONSTRIUCTION/ALTERATIONS 10504 NW 2 AVE 'OWNER; AUGUSTIN NETAYER Mr. LuBien read the facts behind the violation Mr. Wilson and MrLuBien were sworn: in for testimony of the evening. Mr. Metayer also was -sworn in. Mr. Wilson advised.Members°.that this garage was enclosed without a permit and notice_was sent. Mr, Metayer applied to the.,Planning & Zoning Board for a variance and.was:rejected. Upon -appeal to.the.Village Council the request,was again rejected.. Mr.. Metayer was`told that he must restore the garage to its original for-pi,:and he was told.to call for inspection but never did. Mr. Wilson knocked.on the door,.but'had,no:respons.e. Mr. Metayer testified that he did the work himself and,' he had begun to restore the.garage tothe original condition., but i.t.is incomplete. Mr. LuBien noted this has been going on three or four months, The unusually large garage.. was converted to a. one bedroom apartment, and Mir. Metayer was advised all the interior as installed, must be removed. moved Mr, HendersonAfor Findiag of Fact there is a violation, Conclusion of Law this is a. violation of, Sec 6.4 .oflee:ma Shores Village Code of Ordinances, ordered that Administrative cost of $110,.00 be imposed, and if not corrected in thirty days, a fine of $50.00 pex day will be assessed.The motion was seconded by Mr..Stokesberry, and passed byunanimous roll, call vote. Mr. Asmus:explained the decisionof the Board and advised Mr. Metayer to call for inspection as soon as the violation is corrected. 3. HEARING,. CASE NO. 000279 C0M1'ERCIAL, VEHICLE IN ,RESIDENTIAL ZONE 225 NW.92 ST .OWNER: WILNER EDOUARD Air. Wilson showed photographs of the taxicab : parked in:. front, which is the violation..- He further statedthis, is a recurring violation. Mr. Edouard;, attended', the meeting,he was sworn in, Mt.. Edouard stated he does,: have:, a doublegarage,:, but sometime: he must go, out:: and ,parking in the garage, Is an inconvenience, Mr. Asmus, and 'Mr..LuBien .explained .that no commercial vehicle can be parked outside. We have codes to live by and this. was explained to Mr. Edouard. They advised him: that he moved. to Miami Shores because'it is a nice place to live and these Members attempt: to keep it so, Aar. Henderson moved fax of Fact. and Conclusion, of;:Law' the violation to the Seh.edule of Regulations exists, ordered that Administrative cost of • • CODE ENFORCEMENT BOARD -3- 5/4/89 $110.00be'assessed'and if the violation continues after thirty days, a fine of $25,00,per day will he. levied,. Mr, Stokesberry,seconded the motion. Following continued discussions the vote was.called,,and the motion passed by a unanimous.roll call vote, Mr. Asmus explained the motion and the.reasoning.sso.that Mr, Edouard has no doubt about what he has to do. 4. HEARING, CASE NO 000287 GENERAL UNSIGHTLINESS 51 NE.99 ST OWNER; MRS. ARTHUR J.. FABERSIN Mr, LuBien advised Members that. upon: receiving notice: Mrs.. Habersin con- tacted him advising thatshe is trying to find a.means to -.maintain her property. Mrs Habersin after beingsworn in, stated she. is a: widow, and her funds are tied up in the courts. She is not. happy with the house as it:.,is, she has a heart condition and doesn't know what. to do, She can't: do the yard cleanup herself nor is she able to; pay to have it done. She has hadcontact with Jim McCoy of. the Boy Scouts, Mr. Henderson in discussion advised her the Hdmehwners Assoc, and the Mayor's Task Force have programs to be initiated. Mr. Henderson and Mr. Colangelo will give her their number for contact.. Mr. Wilson noted that he was advised by Mayor Canton thatthis property will be taken Aare of and it still isn't. There is also another piece of property which has not been taken care of by the. Mayor's Task Force. Mr. Hendersonmoved to postpone the case for thirty days to allow time for the Task Force to be notified and activated. . Motion was seconded by Mr. Stokesberry. Discussion continued as Mrs. Habersin was advised, this is temporary relief onlyand at some point she must take responsibility for the upkeep :of her property, The question was called and the motion passed by unanimous roll call vote. Mr, Asmus explained. to Mrs. Habersin that she must communicate with Nlr.. Henderson and Mr. Colangelo. This will be a -short term quick fix, and she must make arrangements to maintain her property. 5, HEARING, CASE. NO. 000310. UNLAWFUL OCCUPANCY 101 NW 99th ST OWNER; JOCELYN UENECAL Mr. Wilson noted. there isn''t..too..much.,to say concerning this violation. Numerous complaints were. received. and.notice sent regarding rental and multiple people at the residence There are no garbage,:cans and numerous cars at. the house.. Complaints: cannot be ignored, • • • • CODE ENFORCEMENT BOARD. -4- 5/4/89 Mrs. Cenecal was sworn' -in. She statedshe has advised Mr., Wilson before, and again states she has no rentals, She lives in the:house with her four • children, and .her mother helps her financially. She has.no reason to have rentals or strangers.in the house with three daughters. She.: and the children have.many.visitora, friends and relatives, Mr. Stokesberry. movedRto dismiss Case. No, 000310 as there is no evidence the violation -to, Section 12-211 exists, notion seconded: by Er, Henderson, and passed. unanimously. 6, HEARING; CASE NO, 0.00311 'LACK OF OFF STREET PARKING 101 NW 99 ST. OWNER: JOCELYNE CENECAL The violation for insufficientoff street parkingwas discussed at length, Mrs, Cenecal statedthatone car belongs to her sidter, andone car is hers, and all the other cars canbe accounted for, She refuses to pave a parking area for guests. Sam..Lor-int, a nephew -v siting frornNew York was sworn in, He stated ,that .when he conies over he parks on the grass so as not to block anyone in. Much: discussion continued concerning off; street parking and providing. same. Parking on the .grass wi l'also destroy the area, Mr. Henderson moved. for Finding of 'Fact and Conclusionof ?mow the violation to the Schedule of Regulations does exist, ordered that an..Adnninistrative fee of $110.00 be assessed and' if not corrected. in thirty, days, a fine of $25.,00 per day will be levied. Motion was secondedby Mr Colangelo, and passed by unanimous roll. call_ vote, Mr. Asmus explained the Boardsdecision. to Mrs. Cenecal, 7. APPEAL, CASE NO. 000135 LOUIS MILHOMME 10816 NW 2 AVE UNSIGHTLY HOUSE EXTERIOR Members. received in their packet a.' letter -(which is rnade. a part of the record) , ffom.Mr. & Mrs Nliihomme 'requestingappeal., of. their ,case, The letter is self explanatory. Neither Mr, nor Mrs.,Milhammewas present for the meeting. Mr, Wilson stated that because of the dire circumstance, he stopped the fine, because work is slows: but .progressing,. The appeal is for an Administrative fee of $1`10,00 and,a fine of: .$175,00 fora $285..,00 total. He was advised they can... comply by the end of Nay. Mr. Stokesberry moved -to : table` the appealtothe next meeting, seconded by Mr. Henderson., andpassed by unanimous vote. • • /OgiV 47Z//1 ,Led IS/ / CODE ENFOR.CE!IENT, BOARD -5�- 5/4/89 8. HEARING, > CASE NO 000236 UNSIGHTLY FASCIA? SOFFIT, HOUSE ; EXTERIOR 10635 NE 11 UT OWNER: DAVID G. - HAYLOCK Mr, Luhlen noted that, he was in contact with Mr,; Haylock's secretary on .two different occassions this week, he ,impressed. upon ,her the import- ance of hisbeing at this meeting or send.a representative, The house remains unpainted,. The grounds are in..pretty good shape. there is a new cover on the car which continues in violation because. it is inoperative, That violation. action continues., Members reviewed photographs of the violation. Mr, Henderson moved for Finding of Fact thereis a;.violation, Conclusion of Law this is a violation of See 12-13 of. Miami Shores Village Code of Ordinances, ordered. that Ardmtnistrative.fee of. $110.00 be assessed, and if not corrected in thirty days, a fine of $25.00 perdaywill be imposed. Mr. Stokesberry seconded the motion which passed unanimously. 9. HEARING, CASE NO..000272 UNAUTHORIZED. CONSTRUCTION/ALTERATIONS 138 NW 105 ST OWNER: -MARY BABCOCK TENANT., SUSAN COFFEY Mr. LBien passedaround the photographs of..this flagrant violation of the unlawful construction of a chickee, Mrs. Babcock nor a representative was at the meeting. Mr. Stokesberry.moved .for .Finding of Fact and Conclusion of Law the constructionof chickee is a violation of Sec 6-2 of Miami Shores Village Code. of Ordinances.. .Ordered that a $110.00. Administrative fee be imposed, and if not corrected in thrity'days, 'a fine of $50.00 per day becomes effective. Motion was: seconded by Mr. Colangelo, and *assed unanimously. 10. HEARING CASE NO. 000278, GENERAL UNSIGHTLINESS 274 NW 93 ST OWNER: OCCUPANT TENANT: OLGA:NADIA,ZUBRIK ,. Members reviewed photographs of the violation, as Mr., Wilson stated the photographs do not tell the full. story of how bad. the condition is. Neither the owner nor a representative was present at the meeting, Mr. Colangelo moved_for Finding of Fact and Conslusion of. Law that a violation. to -Sec 10-1 does. exist, ordered:that a $110..00, Administrative fee be imposed,, and if not correeted.in•thirtydays a.fine of $25,00 per day.will gp into effect, Mr, Henderson seconded,. the motion which passed by unanimous vote, • • • CODE ENFORCEMENT BOARD -6- 5/4/89 ll. HEARING, CASE NO. 000305 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 92 NW 100 TERR OWNER;, REGINA L, TANNER Mr, LuBien explained that this illegal parking of commercial vehicle is an ongoing violation,, Photographs were reviewed,.. There is also an on- going fine. Mr. Henderson moved for Finding of Fact, and.Conslusian. of: Law the illegal parking of commercial vehicle is a violation of the Schedule- of Regulations, and ordered that an. Administrative fee of $110,00 be assessed, and --if not corrected in thirty days there will be a fine of $25,00 per .day, motion seconded by:Mr:.:Stokesberry, and passed unanimously. 12. HEARING, CASE NO... 000307 INOPERABLE VEHICLE ON PREMISES 92 NW ,100 TERR OWNER:.REGINA L. TANNER Mr. LuBien noted this is aviolation of an inoperable Vehicle parked at the same address. Mrs. Tanner was not present at the meeting. Mr. Stokesberry moved for. Finding of Fact and Conclusion of Law. that the inoperable vehicle parked.is a violation of Sec. 13-1 of the Miami Shores Village Code of Ordinances.,. ordered that she pay Administrative cost of $110.00 and if the violation is not corrected:in thirty days a fine of $25.00 per day will beccmp effective. The motion passed unanimously. a, 13. HEARING, CASE NO.000308 INOPERABLE VEHICLE ON PREMISES 432 NW 111 TERR OWNER: ELSTON J. BRADSHAW Mr. Wilson explained and showed photographs -of -the violation. Mr. Bradshaw nor a representative was present at the meeting. Mr. Henderson moved for Finding of. Fact and Conclusion of Law the inoperable vehicle is a violation of Sec 13-1 of the Miami.. Shores Village Code of Ordinances, Administrative cost of $110.00 is assessed, and if the violation is not corrected in thirty days a fine. of $25.00 per day. will be levied, Mr. Colangelo seconded the motion whichpassed (uanaimously. There being no further.business to come before thei3oardlthetmeetling adjourned at 9:00 I� �4 re ry Approved Chairman