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06-01-1989 Regular Meetingaiami cS1zores9lllage F L 0 R 1 D A CODE ENFORCEMENT BOARD MEETING June 1, 1989 The Miami. Shores Village Code Enforcement. Board regular meeting was held on June;1, 1989 at 7:35 P.M., at the Miami Shores Village Hall. The meeting was called -to order by Vice Chairman, Owen Henderson, with the following members present: Owen Henderson, Vice Chairman Richard A. Colangelo Charles M. Custin Royal D. LaBarre John L. Stokesberry Arthur. H. Taylor Absent Barry K, Asmus Also present: Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement iDiispector Jack Wilson, Code Enforcement Inspector MINUTES - May 4, 1989 Mr. LaB.arre moved to approve, as distributed, the minutes of the meeting of Nay 4, 1989, seconded by Mr. Stokesberry, and passe40unanimously. Appeals were heard first and then cases in order listed on the agenda, and those people who were present for the meeting. Mr. Henderson announced that if an appeal is denied) an appeal to the Circuit Court is the next step. 1. APPEAL, CASE NO 000135 LOUIS MILHOMME, 10816 NW 2 AVE UNSIGHTLY HOUSE EXTERIOR (TABLED AT LAST MEETING). Mr. Wilson noted this case was tabled at the last meeting,. The notes on the case enclosed in Members packet are explanation. Mr. Wilson further noted the violation.has been corrected. Mr. Taylor moved that the $110.00 Administrative feeremain, but the fine be dismissed, seconded by Mr. Colangelo, and passed by unanimous roll call vote. 2. APPEAL, CASE NO 009815 HEDGE VIOLATION JOE IORIO, 425 NE 93 ST Mr. LuBien advised Members that materials involving this case is in their packet. Further he noted the violation has been corrected, but the $110. Administrative fee was assessed because the violation had not been corrected when the case was heard on May 5, 1988. Mr. Iorio, Mr, LuBien, Mr. Wilson, and Mr, Rodriguez were sworn_ in. Nr. Iorio, after being sworn in, stated he felt he did everything right. He moved the hedge in good faith. He inquired as to how -judgement was made ODE ENFORCEMENT HOARD MEETING -2- 6/1/89 as to compliance, and Mr. LuBien responded., a copy of the survey was not provided. Photographs of the violation were again reviewed. Mr. Stokesberry moved to denythe appeal, seconded by Mr. LaBarre, and passed unanimously. 3. APPEAL CASE NO 000100 VARIOUS VIOLATIONS GEORGE L. ONETT, 950 NE 96 ST Mr. Onett was sworn in. He stated, he never ever received any notice of any kind, either at the Miami Shores. address or. at the address in Reddich, this ina:pite of notices sent by certified mai.l.and,.reguiar._mail. He further noted, his son, Michael lived in the house, and he madecorrections without benefit of notice, because he wanted,to. He had been in the process of painting and remodeling the house.. He alsostatedhe.makes this appeal on the basis of improper notice.. Notice of this meeting. is the first mail he received from Miami Shores Village, concerning this matter. Mr. LuBien noted the original. notice was sent.December 13., 1988, the Post Office notified Mr..Onett twice in the month. of December,but certified mail was never. claimed. Signed certified receipt was never; returned to the Village. Notice was sent to both addresses. Mr. LuBien further stated, he visited the site once and noticedwork in progress. .He read the note dated.January 31,. 1989, taken from telephone conversation with Mr. Onett's secretary, stating the violation will be corrected. .Nr. Onett was aware of the violations., which are now corrected. Mr. Custin arrivedat this point. In depth discussion ensued concerning.proper notif,ication, of the violation. Legal questions were raised, 'lack of guidance ;from Legal Council, Certified mail should be picked up. Notification plastered:on the house. Mr. Onett's contact with the Village, and action of Mr. Kay concerning. the violation. No permits were pulled for the work completed. Mr. Stokesberry moved that the, violation of December 13, 1988, in light of the insufficient strength of the case, be dismissed at this time, all subsequent fees and fines also be dismissed, in light of. the.fact, there is no.case. Mr. Colangelo seconded the motion,which passed,.by.the following roll call vote; Mr. Taylor No Mr. Colangelo Yes Mr. Stokesberry Yes Mr. LaBarre Yes Mr. Custin Abstain (Arrived late in discussion). Mr. Henderson Yes. It was determined that legal guidance from Council will be discussed at the end of this meeting.. 4. APPEAL, CASE N0 000103 & 000104 VARIOUS VIOLATIONS WILLIAM MORELL, 1100 NE 91 TERR CODE ENFORCEMENT BOARD MEETING -3- 6/1/89 Mr. Morell was sworn.in, He stated he is a first, time homeowner. He has spent thousands of dollars, in repairs on the house, he got rid of the first tenant, who was.bad news, He was not aware of violation notices, because he spends a.great deal of time in Take Wales, F1. with his ill parents. On April 4, 1989 when he. did'. learn of Violations, everything was corrected, and he gave Mr, LuBien another address at Yhirh.he could be reached. There was discussion concerning non -conforming structure.. Both violations have beencorrected, and the premises looks better than it ever has. Run down of the violations and proper notification was discussed. Mr. kay's handling of the case was also discussed. Mr. Taylor moved_to deny the appeal, seconded by Mr. Stokesberry, for discussion. He stated, this is not different from the previous case,there is no evidence of proper receipt of notification of the violations, The question was called and the. motion failed by the following roll call vote: Mr. Taylor Yes Mr. Colangelo No Mr, Stokesberry No Mr..LaBarre No Mr. Custin No Mr. Henderson No Mr.. Custin moved that there is insufficient evidence of notification of the violations. Since violations have been corrected, fees and fines be cancelled, and case dismissed. Mr. LaBarre seconded the motion which passed by the following,roll call vote: Mr. Taylor No Mr. Colangelo Yes Mr. Stokesberry Yes Mr.. Labarre Yes Mr. Custin Yes Mr. Henderson Yes. 5. APPEAL, CASE NO 000158 COMMERCIAL VEHICLE HELEN M. JOSEPH, 88 NW 111 ST Mr. LuBien stated notices were sent and received by Mrs. Joseph. The case is referred.for appeal because Mrs .Joseph agreed to pay the.Administrative fee of $110.00, but since the violation was corrected., she refused to pay any fines. Mrs. Joseph, after being sworn in., stated she is an RN at Jackson Memorial Hospital. The truck parked, at the premises does not belong to her, and she knew nothing about.it.. She called Jack:^Wilson uponreceiving notice and was'told by Jack Wilson that he waw the vehicle and would check into it. It was,moved shortly thereafter, She stated she lived in the house with her mother and cousin:and none drive a. commercial,vehicle, or own one. Mr. Wilson agreed with. Mrs. Joseph, but the case:was not removed from the computer as a closed case because he could not verify a correction date. Mr. Stokesberry moved to keep the $110.00 Administrative fee and dismiss the454O.00 fine, since the violation. was corrected.. Mr. Taylor seconded the motion and it passed.with a unanimous roll call vote. Mrs. Joseph paid the $110.00 Administrative fee by check. CODE. ENFORCEMENT BOARD MEETING ,4- June 1, 1989 III 6. HRARTNG, CASE NO 000338 UNAUTHORIZED-CONSTRUCTION/ALTERATIONS KEVIN.M. DOYLE, 91 NW 92.ST Mr. Wilson stated. the pictures he had taken,of the violation this morning had disappeared. There. is much work going on ,without. a permit, the nature of which is not. known. Mr,Doyle was informed thatall.work cease until a permit and plans are obtained. .After Mr. Doyle was swornin, he stated he put in garden beds, four years ago, a wood deck, 12.years.ago, he didn't know he needed a permit, viewing it as a backyard project. While building the wooden walkways he received notice. of violation,, he came into Village Hall to inquire what he needs to correct the violation. He has not had time to submit the plans, but will include all the work.on the permit. Mr. LuBien stated there are loose ties and dirt around, and the stipulation, construction without a permit, is the present concern. The flower beds do not require permit, they are not a part: of the violation. Mr. Stokesberry moved for Finding of Fact work has been done without a permit, Conclusion of Law, this is a violation. of Sec 6-4 of. Miami Shores Village Code of Ordinance, ordered that an Administrative fee of $110.00 be assessed, and if the violation is not correctee in thirty days, a fine of $50.00 per day will,be levied. Mr. Custin seconded the motion which passed by unanimous roll call vote. 7. HEARING, CASE NO 000377 INOPERABLE VEHICLE ON PREMISES BERNARD D. DORSON & GERMAINE.A.. REMUS, 10634 NE 11 AVE Mr. LuBien stated the violation was an inoperable grey Ford. Fiesta parked in the alley. Mr. Dorson was sworn.in. He stated -he and his wife Germaineare the owners of the property. His son will soon be 16 and>he is saving the car for him. He further noted he has been lax in' making the vehicle operable.. He has been in the process of moving his business, and this kept.him pretty busy. He has put air in the tires, and the vehicle was taggedjtoday (June 1, 1989). The violation is corrected, Mr. Rodriguez showed 'photographs :he took on May 25, 1989, the vehicle was still inoperable at that time, the due date for correction was 5/20/1989. Mr, Stokesberry made..a<motion for Finding of Fac --t, the violation existed, Conclusion of Law, the inoperable vehicle was a violation of. Sec 13-1 of the Code of Ordinance, ordered that $110.00 Administrative cost be levied, the motion was seconded by:Mr. Colangelo, and passed'by"unanimous roll call vote. Mr. Dorson objected -to the: Administrative fee of $110., and Mr, Henderson explained. the decision of the Board. CODE ENFORCEMENT BOARD MEETING -5- 6/1/89 8. HEARING, CASE NO 000395 INOPERABLE VEHICLE UN PREMISES EMANUEL JONASSAINT, 22 NW 103 ST Mr. Wilson stated the violation.has been corrected, but. it was not so by the due date. Mr. Job.assai.n.t was sworn in. His corminIs friend owned the car but it has since been removed, and the violation is corrected. The house belongs to his cousin who livea,:.in New York. Mr. Henderson explained the problems of others parking inoperable vehicles on the premises. Mr. Custin moved for Finding of Fact and Eonclusion.of ,Taw this was a violation of Sec;13-1 of Miami Shores Village Code of Ordinance, ordered that Adm4nistrative cost of $110.00 be assessed. The motion was seconded by Mr. LaBae and passed by unanimous roll call: vote. Mr.. Henderson explained that his cousin as the owner of the property must pay $110.00, to which Mr. Jonassaint stated he will pay the money. 9. HEARING, CASE NO 000351 GENERAL;UNSIGHTLINESS JOSE LUIS SANTANA, 301:NE 96 ST Mr. LuBien noted this is a violation of extensive unsightliness which was • to be corrected by. May 12, 1989. Mr. Santana was not present at the meeting. Mr. Rodriguez stated that he inspected the property on'May 15, 1989, and .it was still not in compliance. He.delivered the violation in early A.M. on that date. Mr.. Santana has been almost impossible to reach. The due date for. correction. was. May 12, 1989. The property was -inspected again, and the violation was corrected a.week after the due -date. - There was discussion concerning previous violationby the same person, it was determined a. previous case should not have bearing on this case. Also computer problems were mentioned in regard to fees and fines assessed, Mr. LaBarre moved.for Finding of Fact and Conclusion of -Law, the unsightly yard violates Sec 10-1 of Miami Shores Village Code of Ordinance, ordered that an Administrative fee of $110.00 be assessed, and an additional fee of $100.00 for the days the violation existed Last the;due date. ($10.00 for each day). Mr:. Colangelo seconded the mbtion, and it passed by unanimous roll call vote. CODE ENFORCEMENT BOARD MEETING -6- 6/1/89 10: HEARING,CASE NO. 000376 INOPERABLE VEHICLE ON PREMISES LEONOR 114 RONDON, 10690 NE 11 CT TENANT: MIKE WOOD Neither Mrs. Rondon nor Mr. Mike Wood was present at the meeting. Mr. Rodriguez stated the owner was cited on May 5, 1989 for an inoperable BMW. The photographs were taken on May 25,.1988, and the BMW was still not in compliance. He received no answer to his knock on the door, nor has there been response to notice left on the door. A signed receipt of the letter of violation was in the file. Mr. Custin moved for Finding of Fact that the BMW is not tagged, Conclusion of Law, this is a violation of Sec 13-1 of Miami Shores Village Code of Ordinance, ordered that Administrative cost of $.110.00 be assessed, and if the violation isnot corrected in thirty days, a fine of $25.00 per day will become effective. The motion was seconded by Mr. Taylor, and passed by unanimous vote. Mr. Henderson asked if the next three cases could be heard together since all the properties are owned by the same owner.. Mr. LuBien explained the violations are listed separately because of the different addresses and different tenants. In making motions, each location is treated, and assessed as a violation. 11, 12, &13. HEARING, CASE NOS. 000381, 382, 383, 384, 385, 386, 387, 388 & 389 JUAN BERRY, PEDLEY CORPORATION, TENANT ADDRESSES FOLLOW: 650 NE: 88 TERR, 8817,8825, 8833, 8841, 8849 Biscayne Blvd 8851, 8861, 8871 BISCAYNE BLVD. These were all discussed as one case. Mr. LuBien stated he has photographs of the violation. Mr. Rodriguez noted the violations.were sent to Juan Berry, Pedley Corp., 2549 NW 74 Ave, they were returned with note that Pedley Corp had moved and left no .forwarding address. Mr.. Taylor suggested a call to the Secretary of State could give you the name of the Corporation and the correct address. There wascontinued dis- cussion on who the owner might be, and other violations which. -may exist at the property. Discussion continued. Mr. Colangelo moved to table.thesecases 381 - 389 inclusive., until a corrected name and address'is found, Mr. LaBarre secondehfhe motion which ppssed unanimously. 14. HEARING, CASE NO 000396 INOPERABLE VEHICLE ON PREMISES THOMAS P. EUGENE, 9595 NW 2 AVE Mr. Wilsonstated that, he inspected this property for the inoperable vehicle on May 25, 1989 which was on.Ffiday, the vehicle wason the premises, but must have been moved over the weekend, because it wasin compliance on Monday. CODE:ENFORCEMENT BOARD MEETING -7- 6/1/89 Mr. Eugene was not present at the meeting. Mr. Custin moved for. Finding of Fact, the inoperable vehicle was parked on the premises, Conclusion of Law this is. a violation of Sec 1341 of Miami. Shores Village Code of Ordinance, ordered that $110.00 Administrative cost be levied, and there be no fine, the motion was seconded by Mr. LaBarre, and passed unanimously. CASE #000287 MRS. HABERSIN, 51 NE 99 ST Mr. Henderson read aloud the note from Mrs.. Habersin as taken by the Secretary. He advised the BoyScouts will work to clean up her property on Saturday. This is done under the direction of .the Miami. Shores Village Homeowners. Assoc.. Mr. Henderson will be present, as Mrs. Habersin re- quested, to supervise and observe. There was discussion concerning fees and fines and means of collection. Mr. Custin requested a list of outstanding fines and who the debtors are. Mr. LuBien replied, explaining the present process. He will ask. Ms. Gail Macdonald, Finance Director if this information canbe obtained "from the computer. Mr. LuBien also mentioned:. there is no need for the Boardto have' this •information, to which Mr. Custin stated, he wants to know what the fruit of their labors are. There being no further business,t-the meeting adjourned at 9:30 P.M. Vreea-'kt y Approved.. U Chairman - Protem cdz