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07-06-1989 Regular Meeting• liami chore.9jllage F L OR 1173 A CODE ENFORCEMENT BOARD MEETING July 6, 1989 The Miami Shores Village Code. Enforcement Board regular meeting was held on July 6, 1989 at 7:35 P.M. at the Miami Shores Village. Hall. The meeting was calledto.order by Chairman Asmus, with the following members present: Barry K. Asmus, Chairman Owen Henderson Richard A, Colangelo Charles M. Custin Royal D. LaBarre John L. Stokesberry Arthur H. Taylor Also present: Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES - JUNE 1, 1989 The minutes of the meeting of June 1, 1989 were.approved, as distributed, by a motion made by. Mr. LaBarre, seconded by Mr. Henderson, and passed by unanimous vote. 2. APPEAL, CASE NO. 09803 ADMINISTRATION FEE NELSON ALDERMAN HUNT 1032 NE 98 ST. Mr. & Mrs. Alderman Hunt were both sworn in.. Mr. Rodriguez, Mr. Wilson, and Mr. LuBien were also sworn in for their testimony for the evening. Mr. LuBien explained this is an appeal of an Administration fee of $110,00 ordered by the Code Enforcement Board on June 2, 1988, for a derelict boat stored at the above address, a violation of Sec 501(k). A number of notices were sent, beginning June 10, 1986, and the boat has been removed. Mr. Alderman Hunt stated the house is vacant, he.lives elsewhere. The boat was a good boat which he used on.a regular basis. It was on the property, but not visible. The problem arose, and then died down. When the boat was removed in May 1988 he assumed the Administrative fee was waived, and it became.a mute question. Mrs. Hunt indicated she helped move the -boat on May.18, 1988, when the issue resurrected again because of problems with the former Mayor. Mr. LuBien noted a.number.of.,notices were sent, starting June 10, 1980. Notices.were.sent .by certified hail and regular.mail, Mr, LuBien read several letters he wrote to Mr. Runt in 1987. CODE ENFORCEMENT BOARD -2- 7/6/89 Mr. Hunt noted he, mows the grass., and keeps the house and yard in good condition, even though he does.: not live there, Further he stated, he does not pick up certified mail, and the Village should pursue other means of notification,. He andhis wife are professionals,and do not have the time to pick up cer.tified.mail. He alsoread several Florida. Statutes, which he said disallow Administration feesYto the Village. Discussed by Members was the leniency previously extended, reporting of violations, mainta-iring property values, condition of the boat as shown in .photographs taken by Code Enforcement Officer... Mr, LuBien explained, the Administrative fees are legimate, based on an actual court case upholding a $550..00 fee, Mr. Henderson moved to deny the appeal, seconded by Nr. Colangelo, and passed by the following roll call vote: Mr. Taylor. No Mr, Colangelo Yes Mr. Henderson Yes Mr. Stokesberry Yes Mr.' LaBarre Yes Mr. Custin Yes Mr. Asmus Yes 3. HEARING, CASE NO. 381 THRU 389 UNLAWFUL SIGNS ON PREMISES BISCAYNE BLVD AND NE 88 TERRACE JUAN BERRY.- PEDLEY CORP. Mr. LuBien explainedthese violations for oversize signs. are a holdover from the last meeting. The Board requested the Code Enforcement:Officer research for the correct name and address of the owner. Members reviewed photographs ,of the violation. Mr. Berry: indicated to Mr. Rodriguez that he would be at this meeting, but was not present. One.of the oversize signs was replaced with three smaller signs, which are also a violation. Mr. Custin moved for Finding of Fact, the signs.on.the property (8817 - 8871 Biscayne Blvd) are in violation, Conclusion of Law,the section of the Miami Shores Village Code of.Ordinances violated is 504{b).(2), ordered that an Administrative fee of $110.00 be assessed, and. a $25..00 per day fine be; levied, if the violation is not corrected,in thirty days. Mr. Henderson seconded the motion, which passed,. by unanimous roll call vote. 4. HEARING, CASE NO. 391. HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 471 NE. 103 ST. OWNER: NORMAN L. SALZBERG (TENANT: NORMAN L. Mr. LuBien explained this is a violation in code. It is, at this..: time pending Planning variance request, SALZBERG) that the fence is not built to & Zoning Board action on a Mr. Salzberg did not attend this meeting. Photographs of theviolation werereviewed by Membersof the Board. • i CODE ENFORCEMENT BOARD -3- 7/6/89 Mx. Henderson.moved for:Finding of Fact,the fence is in violation, Conclusion of Law that this is a violation of Sec,518(,A).of Miami Shores Village Code of Ordinances, ordered that an Administration:fee of $110.00 be assessed, and if the violation is notcorrected in. thirty days, a fine of $10.00 per day be levied, seconded by:Mr, Taylor. Mr. Colangelo offered an. arnendrnent to charge $20.00, per day fine after 30 days. Mr. Taylor seconded the amended motion. The vote to accept the amendment passed unanimously. Also, the motion as amended:;passed by a unanimous vote. 5. HEARING, CASE NO. 404 INOPERABLE VEHICLE ON PREMISES 260 NW 112 TERR OWNER: PHILIP KATZMAN Mr. Wilson explained that the carport has been cleaned (Case #403). The van which was stored illegally (Case #404) has been moved, but not by the due date of May 26, 1989. Mr. Katzman was not present. Photographs of the violation were reviewed by Members. Mr. Stokesberry moved for Finding of. Fact, the van stored on the premises was a violation, Conclusion of Law, this was a violation of 13-1 of Miami Shores Village Code of Ordinances, and since the violation was not corrected by the due date, ordered that an Administration fee. of $110.00 be assessed, and no fine be charged. The motion was seconded by Mr. Henderson, and passed unanimously. 6. HEARING, CASE NO. 414., OBSTRUCTIONS ON R/W 600, GRAND CONCOURSE OWNER: PAUL J. BENKE Mr. LuBien noted that a car driven.by someone other,than.Mr. Benke had run into his wall. The repair was delayed briefly because of circumstance. Mx. Benke brought aletter in on July 2, 1989 stating that the wall has been repaired and violation corrected. Mr. Benke did not attend the meeting.. Members reviewed photographs of the violation. Mr. Taylor moved for Finding of. Fact, and Conclusion of Law, the damaged wall was a violation. of.Sec 20-16 (B) of the Miami Shores Village Code of Ordinances,a sincere effort was made to correct the violation, and Mr. Benke is now in, comp:fiance, also that the case be closed with no Administration fee orfine assessed, motion.was seconded by Mr. Stokesberry, and passed unanimously. • w CODE ENFORCEMENT BOARD -4- 7/6/89 7. HEARING, CASE NO. 420 GENERAL UNSIGHTLINESS 9500 NE 2 AVE-, OWNER: GULF PRODUCTS TENANT: BP.OIL, INC., Mr, LuBien read the violations as cited, Concrete louvre fence is delapidated and collapsing, notices. have been sent, but. there has been no contact or action. Members reviewed photographs of the property. No representative was at the meeting. Mr. Custin moved for Finding of Fact, there is'failure ,to maintain the propertyin a sightly,,olean, and safe condition. Conclusion of Law, this violates Sec 10-1 of the Miami Shores Village. Code of Ordinances, ordered that $110.00Administration fee be assessed, and if not corrected in 30 days, a fine of $50.00 per day will be levied. Motion was seconded by Mr. Stokesberry, and passed by unanimous vote. 8. HEARING, CASE NO. 430 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 9404 NO. MIAMI AVE. OWNER: VICTOR REYNA Mr. LuBien noted that in response to notice that installation of a dish antenna was done without a permit. and plans, Mr. Reyna came into the office and submitted a copy of his contract, which indicated a permit would:be obtained. Mr. LuBien advised him to contact the installer/contractor, there has been no further contact or action. Mr. Wilson also noted the dish must be screenedto comply.with the Code.. Photographs of the violation were reviewed. Mr. Reyna nor the contractor attended the meeting. Mr. Taylor moved for Finding of Fact, and conclusion of Law, the dish antenna was installed illegally, a violation of Sec 6-4 of --Miami. Shores Village Code of Ordinances,. Ordered that $:110.00 Administration fee be assessed and. if the violation is not corrected in thirty days, a fine of $25,004,er day will be levied... Mr. LaBarre seconded' the motion, which.pa.ssed. unanimously. 9. HEARING, CASE NO, 433 GENERAL UNSIGHTLINESS 1236 NE .93 ST OWNER: VACANT'. TENANT.: THERESA GLASPER Mr, LuBien read the violation:to Sec 10-1 as cited, Mr. Rodriguez.noted'.the house is vacant, i.t.has been posted, and an order sent, to Public Works for clean up. Mr, LuBien indicated:it did not need to appear on this agenda. No action is necessary. • • • CODE ENFORCEMENT BOARD 10. HEARING, CASE NO, 434 GENERAL UNSIGHTLINESS 1245 NE 93 ST OWNER: HORTENSIA RODRIGUEZ --5- 7/6/89 Mr, Rodriguez indicated this house is vacant, and is not in compliance. It appears that some work is being done on:the house, however the property has not been cleaned up. Nom)representative was at .the meeting. Mr. LaBarre moved for Finding of Fact, and Conclusion of Law, the property is in an unsightly condition, a violation of Sec 10-1, orderedthat a $110.00 Administrationfeebeassessed, and if not, in compliance in .30 days, a fine of $25.00 per day be levied, The motion was seconded by Mr. Henderson, and passed unanimously. 11. HEARING, CASE NO 447 BOAT ON PREMISES 138 NW 105 ST OWNER: GUY B. BAILEY, JR., TR. Mr. Wilson explained that this address has a fine running.with regard to a chikee hut. The owner seems to be playing games concerning. parking a boat in the front yard. The owner is at the present time incompliance, the boat was removed to the rear yard, but not by.the date due. Mr. Henderson moved for Finding of Fact that the boat was parked in the front yard, Conclusion of Law,. this is a violation of Sec 501(R):(1), and ordered that an Administration fee of $110.00 be assessed.. The motion was seconded by Mr. Taylor, and passed unanimously. 12. HEARING, CASE NO 444 UNLAWFUL SIGN ON PREMISES 1284 NE 92 ST OWNER: G ` GERARD KAUPER Mr. Rodriguez explained that the for sale sign was unlawfully placed on the property. The sign placed in the parkway, he removed, and another sign was placed on the property, now there are too many signs. Members reviewed photographs. Mr. Stokesberry moved for Finding of: Fact, and Conclusion of, Law, a sign violation does exist, this violates Sec 504(b)2) of the Code of.Ordinances, ordered that an Administrative fee, of $110.00 be assessed, and. if.n.ot corrected in thirty days, a fi:ne,of $25.00 per day will become effective, -Mr. Taylor seconded the motion whichpassed unanimously. Mr. LuBien explained the forms as they are printed by the computer, • CODE ENFORCEMENT BOARD 13. HEARING CASE NO 448 GENERAL UNSIGHTLINESS 10920 NO, MIAMI AVE. OWNER: DARRELL PACK, This property has been compliance. No action -6- 7/6/89 TENANT: DARRELL L. PACK cleaned up by Public Works. It is now in necessary. 14. HEARING, CASE NO. 463 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 82 NW 98 ST OWNER: IAN AIKEN-IVONNE WATSON Mr. Wilson explained, this. antenna was installed too close to the rear setback, without a permit. The dish was removed., however the base remains, and he feels this should be monitored. Mr. LuBien noted that the subject of the violation (the antenna) has been removed,. and so the viola- tion is corrected. Mr. Custin moved that. the case be continued for 30 days to allow the Code Enforcement Officer to monitor the situation. Mr. Taylor seconded the motion, which. failed by the following roll call vote. Mr. Taylor No Mr. Colangelo No Mr. Henderson No Mr. Stokesberry No Mr. LaBarre No Mr. Custin Yes Mr. Asmus No. Mr. Stokesberry moved for Finding of Fact, the dish antenna was installed without a permit and in violation of the. Ordinance;.. Conclusion of Law, this is a violation of Sec 6-4 of Miami Shores Village Code of Ordinances, further thatthe property owner be notified of same, ordered that. an Administrative fee of $110.00 be assessed, and if the proper permit is not obtained in 30 days, $25.00per day will become effective. The motion was seconded by Mr. Taylor, and passed unanimously... 15. HEARING, CASE NO. 466 GENERAL UNSIGHTLINESS 10050 NO. MIAMI AVE. OWNER: ARSENE CARRIS TENANT: RAYMOND LOUISSAINT Mr. LuBien read the notice, of violation as cited. He noted that the violation notice was sent, but, returned unclaimed.: The house, at this time.is vacant. The violation has not been corrected. Mr. Wilson noted that Public Works can do some of the work, but he is not sure if they can remove .the dresser from the font porch. Photographs were viewed by. Members Mr. Colangelo moved for Finding of Fact and Conclusion of Law, the house remains in an unsightly condition, a violation of. 10-1, of Miami Shores Village Code of Ordinances, and order that $110,00 Administrative cost be assessed, and if the violation is not corrected in. thirty days, a fine of $25.00 will become effective. Mr. Custin seconded the motion which passed unanimously. • 0 CODE ENFORCEMENT BOARD -7- 7/6/89 16. HEARING, CASE NO 470 GENERAL UNSIGHTLINESS 1266 NE 94 ST OWNER: NANCY R. TOOM,ER TENANT: VACANT Mr. LuBien noted this is the third time this property has been turned over to Public Works for cleanup, It appears on the agenda in error, 17. HEARING, CASE NO 515 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 22 NW 103 ST OWNER: EMANUEL JONASSAINT TENANT: OCCUPANT Mr, LuBien noted there are recurring violations at. this address. Mr. Wilson indicated the owner was assessed $110.00 Administrative cost at the last meeting for storing an inoperable vehicle. There seems to be difficulty with commercial vehicles of:various typesbeing removed by the due date, and reappearing, The case was closed, butreopenedfrom Case #445, because of the continuous violations, Mr, Jonassaint's daughter spoke from New York with the Secretary who explained the violation to her. The daughter felt we should cite the: occupants of the property. Mr. Taylor moved for Finding of Fact, and Conclusion of Law, that the commercial .vehicles stored at the residence are a recurring violation of the Schedule of Regulations, ordered that $110.00 Administration cost be assessed and if not complied in thirty days a fine of $10.00 per day will become effective. Motion was seconded by Mr. Custin. Mr. LaBarre offered an amendment to the motion that the fine levied after 30 days be $25,00 per day, this amendment was seconded by Mr. Custin. Discussion took place concerning increasing the Administration fee in order to get the owners attention. It was determined that a larger Administration fee is out of order. The vote was called on the amendment, which passed 6-1, with Mx. Taylor dissenting. The amended motion passed unanimously. There being no other business to come before the Board, the meeting adjourned at 9:00 P.M. ...4(� cr�tary