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09-07-1989 Regular Meetingaiami fhores9 llage F L 0 RID A CODE ENFORCEMENT BOARD MEETING September 7, 1989 The Miami Shores Village Code Enforcement Board regular meeting was held on September 7, 1989 at 7:30 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 Royal LaBarre John L. Stokesberry Arthur H. Taylor Absent: Barry K. Asmus and Charles M. Custin Also present: Frank Lufien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MTNUTES - August 3, 1989 The minutes of the meeting of August 3, 1989 were approved, as distributed, by a motion made by Mr. Taylor, seconded by Mr. Stokesberry, and carried by unanimous vote. Cases were. heard on the basis of order on the agenda and those people present for their case. 2. APPEAL, CASE NO 000505 UNLAWFUL SIGN 8900 BISCAYNE BLVD, OWNER: JOHN MILITANA Members had received in their packet a letter from the Village Attorney, Mr. Fann, to the effect that, Mr. Militana is the owner of the property in question, but was never notified of the unlawful sign violation. In view of this information he feels the Administrative fee assessed should be vacated. Mr. Stokesberry moved that in. ,light of the advise from the Village Attorney the Administrative fee of $110..00 be vacated in Case No. 000505, motion was seconded by Mr. Taylor and passed by 4-1 roll call vote, with Mr. Colangelo dissenting. 3. HEARING, CASE NO 000563 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 1059 NE 104 STREET OWNER: WILLIAM L. MCCAUSLAND Mr. McCausland was sworn in. Mr.. LuBien, Mr. Rodriguez, & Mr. Wilson also were sworn in -for their testi- mony for the evening. The case was introduced by Mr. LuBien. Mr. Rodrigues showed pictures of the violation to Members. He stated this is a violation of the Schedule of Regulations, Mr. McCausland is still not in compliance, the vehicle "remains on the property in spite of the fact that Mr. McCausland was given ample time to move it. • • • CODE ENFORCEMENT BOARD -2- 9/7/89 Mr. McCausland advised Members, he owns a plant and fumigation business in Opa Locka where he is building additional warehouse space, it is as yet:unfinished, The pick up is his transportation, and he can't leave it in Opa Locka until the warehouse is finished. Any truck or material left there would be stripped or disappear within•a few hours. In reply to query from Members, he stated he has a garage but doesn't use it, also that his warehouse will be complete in about 60 days. Mr. Stokesberry moved for Finding of Fact, and Conclusion of Law, there is a commercial vehicle parked on the premises, a violation of the Schedule of Regulations, ordered that $110.00 Administrative fee be assessed, and if the violation is not 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 roll call vote. Mr. Henderson explained. the Board's action to Mr. McCausland. 4. NEARING, CASE NO. 000573 INOPERABLE VEHICLE ON PREMISES 9328 NE 9 PLACE OWNER: LOUIS CIRROTTI Mrs. Cirrotti was sworn in. Mr. LuBien noted the violation is a blue firebird stored on the premises with no tag. Mr. Rodriguez showed picture of the violation. He noted Mrs. Cirrotti has been in contact with him, she requested an extension since she was adver- tising the vehicle in the Auto Trader. He explained, it is not within his power to grant extensions. Further, Mr. Rodriguez noted that the violation is now corrected, but was not so by the due date. Mrs. Cirrotti explained,:she had the car advertised for sale in the Auto Trader, who made a mistake in her ad, but she did finally sell the car with- in three weeks. She could not store it in her garage as the garage is full with personal items, she noted. Mr. Stokesberry moved for Finding of Fact, an inoperable vehicle was stored on the.prpmises unlawfully, Conclusion of Law, this is a violation of Sec 13-1 of the Miami Shores Village Code of Ordinances, ordered that an Administrative fee of $110.00 be assessed, and since the violation is corrected, the fines be waived. Mr. Taylor seconded the motion, which passed by unanimous roll call vote. Mr. Henderson explained Member's action to Mrs. Cirrotti. 5. HEARING, CASE NO. 000589 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 29 NW 105 STREET OWNER: MARTIN A. MADERA Mr. Madera's son was sworn in to speak, his father has had a stroke and he is testifying for his mother, and father. Mr. LuBien introduced_ the case. • • CODE ENFORCEMENT BOARD -3- 9/7/89 Mr. Wilson passed a picture of the driveway as it appears today. He has no previous pictures of the driveway. Mr. Wilson explained that when he informed the owner, gravel is not permitted in the driveway, Mrs:; Madera removed it with a bucket and shovel. He felt a thorough job was done and compliance met, though not by the due date of August 25, 1989. Mr. LuBien disagreed with Mr. Wilson, stating the driveway is non conform ing, the code was modified about 22. years ago disallowing gravel, and in order to be in full compliance the driveway should be of asphalt. Mr. Madera explainedthe original gravel driveway was in when the house was purchased. The new gravel was given to him by the next door neighbor who had an excess, and did not know it wasn't allowed. When they were told a violation existed, attempt was made to remove it. Mr. Taylor moved for Finding of Fact, and Conclusion of Law, gravel was placed in the driveway without a permit, a violation of Sec 6-4 of the Miami Shores Village Code of Ordinances, ordered that $110.00 Administra- tive fee be assessed, and there be no fine. Mr. Colangelo seconded the motion which passed by unanimous rollcall vote. Mr. Henderson explained the action of Members to Mr. Madera. 6. HEARING, CASE NO 000590 UNAUTHORIZED CONSTRUCTION/ ALTERATIONS 41 NW 105 Street OWNER: RICHARD LENARDSON Mr. Wilson passed pictures of the violation to Members., that he had taken on September 1. He stated that none of this gravel has been removed, it remains as seen in the pictures, and is not in compliance. More gravel must be removed. Mr. & Mrs. Lenardson were sworn:in. He explained, he was not aware the gravel driveway is in violation. He did remove some of the gravel and anticipated plans to asphalt .as loon as he is able. Mr. Henderson explained the problems to Mr. & Mrs. Lenardson. Following discussion, Mr: Stokesberry moved for Finding of Fact, installing the gravel driveway without.a permit is a violation of Sec 6-4 of Miami Shores Village Code of Ordiances, ordered. that an Admi nis trative fee of $110.00 be assessed,and if excess gravel is not removed in 30 days a fine of $25.00 per day will be charged. Mr. LaBarre seconded the motion, which passed by unanimous roll call vote. 7. HEARING, CASE NO 000634 GENERAL UNSIGIHTLINESS 806 NE 97 STREET OWNER:. EDWARD L. HARKRADER, JR. Mr. Harkrader, Jr was sworn in. Mr. LuBien introduced the case, stating there are numerous violations, and this is a repeat. • • • CODE ENFORCEMENT BOARD -4-- 9/7/89 Mr. Rodriguez stated he has had numerous complaints concerning the condition.of this house;.:an4 lawn. He passed pictures showing the violations to Members. Mr. Harkrader stated he bought the house, it was in very poor condition and he has worked hard to make major interior repairs.. It is true there are repeat violations, but he has just cut the lawn and trimmed the hedge. In reply to query, he stated the house is unoccupied, atthis time, but once all the repairs are complete he wants to live in the house. Following verification that Mr. Harkrader was not in compliance by 8/30, Mr. Stokesberry moved for Finding of Fact the violations exist, Con- clusion of Law this is a violation of Sec 10-1, general unsightliness, ordered that $110.00 Administrative fee be assessed, and if not corrected in 30 days, a fine of $25.00 per day be levied. Mr. Taylor seconded the motion. The motion passed by unanimous roll call vote. In further. discussion, Mr.. Stokesberry explained that it is to the advan- tage of Mr. Harkrader to keep the property in good condition. It was explained to Mr. Harkrader., if the property is properly maintained, and he keeps in touch with.theVillage, we can work with him. Nr. Henderson explained the Board's action to Mr. Harkrader. 8. HEARING, CASE NO. 000697 UNLAWFUL SIGN ON VEHICLE 68 NE 103 STREET OWNER: ANTHONY EBEL 1+ir. Ebel was sworn in. Mr. Wilson showed Members pictures of the violations taken last Sunday when he worked. He stated Mr. Ebel is now in compliance, but was not by the due date, August 31, 1989. Mr. Ebel stated, the car belongs to his sister-in-law and he was selling it for her. He washed off the white shoe polish and replaced it with a small sign which he thought complied. When he learned no for sale sign is allowed in the car, he removed it. Mr. LuBien explained the code and the notice ofviolation sent is clear. It states, remove "For Sale" signs from automobile immediately. Following furtherbrief discussion, Mr. LaBarre.moved for Finding of Fact and Conclusion of Law there was a "For Sale" sign in the automobile, a violation of Sec 501,(A) of. Miami Shores Village Code of Ordinances, ordered that $110.00 Administrative fee be assessed., and, all fines waived. Mr Stokesberry seconded the motion which passed with a unanimous roll call vote. Nr. Henderson explained the Board's action to Mr. Ebel. • CODE ENFORCEMENT BOARD 9. REVIEW OF PREVIOUS CASES —5— 9/7/89 A. CASE NO 000265 HARRIET LEFFLER, 9353 NE 9 AVE Mr. Rodriguez reported his latest inspection revealed work is in progress, but moving slowly. Mrs. Leffler noted it has been rainy, and she will paint as soon as possible. Mr. Taylor moved to grant another 30 day extension, seconded by :_Mt..:.LeBarre,_and_carried unanimously. B. CASE NO 000391 :NOBMAN,.SALZBERG, 471 NE 103 St, Mr. LuBien reported, Mr. Salzberg's case had been pending before the Planning & Zoning Board. The trellis fence has since been removed and Mr. Salzberg is in compliance on time. Mr. Stokesberry moved to close the case, seconded by Mr. Taylor, and carried unanimously. C. CASE NO 000547 G. GERARD KAUPER, 1284 NE 92 ST Mr. Rodriguez and Mr. LuBien went to. the premisesto examine the oversize hedge. They found the fencing does not impede the hedge from being cut back. Mr. Kauper became irritated and stated he would refuse any more cutting. The hedge is in the same condition, and Mr. Kauper is not in compliance. Mr. Colangelo moved for Finding of Fact, the hedge is too high, Conclusion of Law this is a violation of Sec 518 (A) of the Miami Shores Village Code of Ordinances, ordered that an Administrative fee of $110.00 be assessed, and if not corrected in 30 days a fine of $25.00 per day will become effective, seconded by Mr. Stokesberry. The motion passed by a unanimous .roll call•vote. This was after Mr. Colangelo made a motion to remove the case from the 30 day review table, seconded by Mr. LaBarre, and passed unanimously. D. CASE NO. 000461 EUGENE W. DRODY, JR., 1118 NE 105 ST Mr. LuBien reported that Mr. Drody had been granted a 30 day extension to request a hearingbefore the Planning & Zoning Board, The Planning & Zoning Board denied the request, and.Mr.. Drody exercised his right of appeal to the Village Council. Village Council referred it back to the Planning & Zoning. Board for further review, and perhaps amend the Ordinance to make special provision. Mr. LuBien further explained the procedure for amending the Ordinance, which could take some time. Mr. Stokesberry made a motion. to.grant an indefinite continuance, seconded by Mr. Colangelo, and carried unanimously. • • CODE ENFORCEMENT BOARD -6- 9/7/89 E. CASE NO. 000503 DELBERT H. NOEL, 561 NE 101st STREET Mr. LuBien explained that, Mr. Noel, at the last meeting was granted a 30 day extension, with a report due at this meeting. Mr. Rodriguez reported he has been in contact.with,Mr. Noel who is in compliance, at this time. Mr. Henderson read the minutes of the last meeting which indicate there is no Administrative fee nor fine imposed. Mr. Taylor made. a motion to dismiss the case, seconded by Mr. Colangelo and carried by a 4-1 vote. Mr. Henderson dissented, stating, not being at the last meeting he is not completely familar with the.case, also he feels every case which comes to the Code Enforcement Board should be assessed an Administrative fee. 10. HEARING, CASE NO 000641 GENERAL UNSIGHTLINESS 51 NE 99 STREET OWNER: MRS. ARTHUR J. HABERSIN Mr. LuBien and Mr. Wilson both being very.familar with this situation, testified, as Members reviewed pictures taken by Mr. Wilson. It was re- ported, Mrs. Habersin is in compliance, at this time, however, there is a great deal of pressure and numerous complaints to remove this from the repeat violation list, clean up the premises, even if Public Works has to do it, and keep it in compliance. Mrs. Habersin noted, the Social Worker assigned to her case, was unable to attend this evening meeting. He is attempting to help her with emergency funding. She complained she has no funds to pay for yard work. In discussion, Mr. Henderson and; Mr. Colangelo explained the procedure of having Public Works do the clean up and charging it to her. Also mentioned was the clean up previously done by the Boy Scouts cannot continue, the possibility of Mrs. Habersin doing a little work on the lawn each day. She must find a means for continued maintenance, complaints cannot continue. Mr. Taylor moved for Finding of Fact, the premises was overgrown and un- sightly, Conclusion of Law, this violates. Sec 10-1 of Miami Shores Village Code of Ordinances, :ordered .that $110.00 Administrative fee be assessed and if not -maintained again in 15 days a $5.00 per day fine will be levied, Mr. LaBarre seconded the motion, which passed by unanimous roll call vote. Mr. Henderson explained the Board's actions. Mr.. LuBien stated__ copies of -the the violation noticesalong with the order of this Board will be sent to Mrs. Habersin's social worker. CODE ENFORCEMENT BOARD 11. HEARING, CASE NO 000521 MAINTAINING A NUISANCE 381 NE 98th STREET OWNER: MICHELLE ALDERMAN' -7- 9/7/89 Mrs. Alderman was not at the meeting. Mr. Rodriguez showed pictures he had taken which may be_.difficult to locate the problem.. There seems to be an.underground.drain from the pool to the sidewalk. Compliance has not been met. Mr. LuBien reported, the owner was cited about a year ago, a permit was applied for to correct the situation, but no action was taken. When the pool service drains water from the pool it flows onto the lawn next door and eats the grass. He also included in packet for Members perusal Water Disposal regulations and swimming pool.drainage chart No 50-A. Mr. Stokesberry moved for Finding of Fact and Conclusion of Law, there is a violation of Sec 10-9 of the Miami. Shores Village Code of Ordinances, ordered that anAdmtnistrat.ion fee of $110.00 be assessed, and if the violation is not corrected in 30 days a fine of $50,00 per day will be levied. Mr. Taylor seconded the motion, which passed.by a unanimous voice vote. 12. HEARING, CASE NO 000533 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 130 NE 98 STREET OWNER: JOSE GROSSO Mr. Grosso was not in attendance. Mr. LuBien reported there is. an unlawful above ground pool, which Mr, Grosso refuses to remove. Mr. Colangelo moved for Finding:of.Fact & Conclusion of Law, the above ground pool is a violation of Sec 6-4 of Miami Shores Village Code. of Ordinances ordered that if the violation is notcorrected in 30 days, a :fine of $50.00 per day be levied, and also an Administrative fee of .$110,00 is assessed. Mr. Stokesberry seconded the motion and it passed unanimously. 13. HEARING, CASE NO 000532 GENERAL UNSIGHTLINESS 1999 NE 2 AVENUE :OWNER:. MOR BERN INC TENANT: SHOREVIEW ASSOCIATES No one representing the owner was present for the meeting. Mr. LuBien noted that he is aware that the company owning the Shoreview Building has filed for Chapter 11., he was advised.by Mr., Johnson, former Village Manager to proceed with the case. Mr. Rodriguez. passed pictures of the violation, failure to maintain the concrete louver fence. There was discussion concerning the bankruptcy, the deplorable condition, and the tenants moving out. The problems with the septic drainfield have been resolved. Also the question was raised can Public Works clean up and bill the property owner, this is stipulated in the notice sent. • • CODE ENFORCEMENT BOARD. -8- 9/7/89 Mr. Taylor moved for Finding of Fact and Conclusion of Law the fence is delapidated and collapsing, a violation of Sec 10.-1 of Miami Shores Village Code of Ordinances, ordered that a $110.00 Administration fee be assessed, and if not corrected in 30 days a fine of $25,00 per day will become effec- tive. Mr, LaBarre seconded the motion and it carriedby unanimous voice vote, 14. HEARING, CASE NO 000574 GENERAL UNSIGHTLINESS 9020 BISCAYNE BLVD OWNER: MIAMI SHORES EXXON TENANT: EXXON CO U.S. No one was present to represent the owner. Mr. Rodriguez reported, as Members reviewed the pictures. Notices were sent, and the return receipt has been filed. He has been in contact with the local agent from Ft. Lauderdale. The correction date was to have been August 8, 1989,as of August 11, 1989 it still was not incompliance. The problem as noted on the original citation was.corrected, however, left behind was miscellaneous debris which has since been cleaned up, and they are now in compliance. Mr. Taylor moved for Finding of Fact and Conclusion of Law there was a violation to Sec 10-1 of Miami. Shores Village Code of Ordinances, ordered that an Administrative fee of $110.00 be assessed, fine IS waived. Mr. Stokesberry seconded the motion, which passed unanimously. 15. HEARING, CASE NO 000593 GENERAL UNSIGHTLINESS 10690 NE llth COURT OWNER: LEONOR M. RONDON TENANT: NIKE WOOD Mr. Rondon nor a representative was present. Mr. Rodriguez showed pictures of the violation. Hereported, this is a repeat offender, sloppy attempts have been made to clean up the premises, and these attempts have been sporadic. Mr. Rondon seems to be draging his feet in.a clean up effort. Mr. LaBarre moved for Finding of Fact and Conclusion of Law, the violation to Sec 10-1 of Miami Shores Village Code of Ordinances, ordered that an Administrative fee of $11.0.00 be assessed, and a fine of $50.00 per day levied if the violation is not corrected in.30 days. The motion was seconded by Mr. Taylor and passed unanimously. 16. HEARING, CASE NO 000606 LACK OF OFF STREET PARKING 9740 N. MANI AVENUE OWNER: MARIA M. SAINTIL Mrs. Saintil did.not attend the meeting. Mr. Wilson showed pictures he:had taken of the Violation. He reported, the car has been parked on the front lawn for some time, he has had difficulty communicating with the owner, the violation continues. • CODE ENFORCEMENT BOARD -9- 9/7/89 Mr. Colangelo moved for Finding of Fact, there is failure to provide proper off street parking, Conclusion of Law, this is a violation of the Schedule of Regulations of the Miami.Sho.res Village Code of Ordinances, ordered that an Administrative fee of $110.00 be assessed, and $25.00 per day fine be leviedif the violation is not corrected in 30 days. The motion was seconded by Mr. Taylor, and passed unanimously. 17. HEARING, CASE NO 000622 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 9313 NW 2nd COURT OWNER: ELENA, SALLY CUPP No one was present to represent Ms. Cupp. Members reviewed picture of the violation as Mr, Wilson,, stated that the vehicle comes and goes. It was there on Sunday when he worked. Mr. Taylor moved for Finding of Fast and Conclusion of Law, the commercial vehicle parked in the residential zone is a violation of the Schedule of Regulations of Miami Shores Village Code of Ordinances,: ordered that an .Administrative fee of $110.00 be assessed, and if the vehicle is not re- moved in 30 days, a fine of $25.00 per day will go into effect. The motion was seconded by Mr. Colangelo, and the motion passed unanimously. 18. HEARING, CASE NO 000665 UNLAWFUL SIGN ON PREMISES 1680 NE 104 STREET OWNER: ARTHUR RICE Mr. LuBien reported this is a repeat violation of unlawful realty- open signs placed in the right of way. He personally removed approximately seven signs from the right of way on Biscayne Blvd., three blocks from the house, Mr. Wilson and Mr. Rodriguez also have removed such signs. Mr. LuBien further, reported he talked with the Vice President in charge of operations of the Realty Company and the next week the signs were there again. He received a call from Mr. Diaz who was not pleased with the discussion. Mr. LuBien informed him of the ordinance and procedure to'remedy any viola- tion. In reply to query, he reported the real estate company is Wimbish Realty of Bal Harbor. Following discussion, .Mr. Taylor moved for Finding,. of Fact that illegal signs have been posted in the right of way, Conclusion of Law, this is a violation of Sec 504(b)(2) of Niami Shores Village Code of Ordinances,, ordered that $110.00 Administrative fee be assessed, and if the violation is not corrected.in 15 days, a fine of $50.00 per day be levied. The motion was seconded by Mr. Colangelo, and passed by unanimous vote. There being no further business to come before the Board, the meeting adjourned at 9:45 P .M. ?i O ?do cr-,� ary • Approved; Chairman - Protein