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10-05-1989 Regular Meeting• CODE ENFORCEMENT BOARD MEETING October 5, 1989 The Miami Shores Village Code Enforcement Board regular meeting was held on October 5, 1989 at 7:34 P.M. at the Miami Shores Village Hall. The meeting was called to order by Chairman, Barry K. Asmus, with the following members present: Barry K. Asmus, Chairman Royal D. LaBarre Owen Henderson, III Richard A. Colangelo John L. Stokesberry Arthur H. Taylor Charles M. Custin Also present: Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES - SEPTEMBER 7, 1989 The minutes of the meeting of September 7, 1989 were approved, as distributed, by motion made by Mr. Taylor and seconded by Mr. Colangelo, and carried by a unanimous vote. Cases were heard on the basis of order on the agenda and those people present for their case. 2. APPEAL, CASE NO. 000146 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 10130 N MIAMI AVENUE, OWNER: JOHN MUMFORD Mr. LuBien advised that Mr. Mumford had called in sick and would present proof of illness at the next board hearing. APPEAL, CASE NO. 000235 & 000236 INOPERABLE VEHICLE ON PREMISES AND UNSIGHTLY FACIA, SOFFIT AND HOUSE EXTERIOR 10635 NE 11 COURT, OWNER: DAVID G. HAYLOCK Mr. Haylock was sworn in. Mr. LuBien, Mr. Rodriguez and Mr. Wilson were sworn in for their testimony for the evening. The case was introduced by Mr. LuBien and presented by Mr. Rodriguez. Mr. Haylock stated to the boardthat his occupation causes him to travel approximately 6 months of the year but this is broken up as 2 or 3 days here and as long as 2 weeks there. Due to this he has his business mail forwarded to his post office box but his personal mail goes to the house. Due to this travel and non forwarding of the mail he did not receive his notices about his violations until the correction date • • • had past. He was also out of town when the Code Enforcement Board met to hear his case. Mr. Haylock advised the board that he has since made arrangements with the post office to forward all mail to his office. He has also hired someone to care for his lawn on a regular basis. Mr. Haylock requested that his fines be waived. A motion was made to waive the fines and charge only the administrative fee of 110.00 for each case by Mr. Stokesberry and seconded by Mr. Custin and passed by a 6-1 role call vote, with Mr. Asmus dissenting. Mr. Asmus explained the action of the board to Mr. Haylock. 3. HEARING, CASE NO. 000265 UNSIGHTLY HOUSE EXTERIOR 9353 NE 9 AVENUE, OWNER: HARRIETTE LEFLER Mrs. Lefler was sworn in. Mr. Rodriguez presented the case and stated that there had been no progress since the last inspection. Mrs. Lefler advised that she and her husband were doing the work themselves and due to the weather they had been hampered from completion. She also advised that they must do all the work themselves due to the expense of hiring someone could not be afforded. Mr. Henderson, III moved for a Finding of Fact, and Conclusion of Law, a violation of Schedule of Regulations does exist, ordered that $110.00 Administrative fee be assesed, and if the violation is not corrected in forty five days a fine of $10.00 per day will become effective. The motion was seconded by Mr. Custin, and passed by a 4-3 role call vote, with Mr. Taylor, Mr. Colangelo and Mr. LaBarre dissenting. _ Mr. Asmus explained the action of the Board to Mrs. Lefler. 4. HEARING, CASE NO. 000633 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 806 NE 97 STREET, OWNER: MR. EDWARD L. HARRRADER, JR. Mr. Harkrader was sworn in. Mr. Rodriguez reported that Mr. Harkrader, Jr. was cited on August 11, 1989 and the correction date of September 10, 1989 and was still not in compliance on September 12, 1989. Mr. Harkrader stated he is in compliance now but Mr. Rodriguez has not reinspected. Mr. Stokesberry moved for a Finding of Fact, and Conclusion of law, a violation of the Schedule of Regulations does exist, ordered that $110.00 Administrative fee be assessed, and if the violation is not corrected in 30 days a fine of $25.00 per day will become effective. The motion was seconded by Mr. Henderson, III, and passed by a unanimous roll call vote. Mr. Asmus explained the Board's action to Mr. Harkrader. 5. HEARING, CASE NO. 000651 HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 1238 NE 96 STREET, OWNER: MR. BRUCE KELLER Mr. Kelley, an attorney representing Mr. Keller, was sworn in. Mr. Rodriguez stated this property was cited August 7, 1989 and was still not in compliance. He also showed pictures showing the hedges to be 5 feet tall. He further stated that there is also a 5 foot fence in front of these hedges. Mr. Kelley showed pictures, both current and past, that the hedge is indeed over height restrictions but it is made of pine trees and the view is not obstructed by the height of these trees. He further stated that these trees were present on the property before the ordinance was passed to limit the hedge height. Also, these hedges are in front of a vacant lot maintained by Mr. Keller. Mr. Stokesberry motioned that this matter be postponed for 60 days so the Planning & Zoning Board can hear this case and decide whether or not to grant a variance. The motion was seconded by Mr. LaBarre, and passed by a unanimous roll call vote. Mr. Asmus explained the Board's action to Mr. Kelley. 7. HEARING CASE NO. 000662, 000663 & 000664 UNATHORIZED STORAGE OF MATERIALS BUSINESS FROM RESIDENCE UNLAWFUL STRUCTURE 137 NE 107 STREET, OWNER: Mr. LUIS E. GAMERO Mr. Gamero was sworn in. Mr. Wilson presented pictures of the shed on the premises line. He stated that the drums are gone and he has not seen the van, nor received reports of same, in violation. Mr. Gamero presented a lease agreement for the business he operates and no longer stores materials or causes the assembly of workers at the premises. He is in violation of the structure on the premises. Mr. Henderson, III motioned for a Finding of Fact and. Conclusion of Law, this is a violation of the Schedule of Regulations, ordered an $110.00 Administrative fee be assessed and if the violation is not corrected in 30 days a fine of $25.00 per day will become effective. Mr. LaBarre seconded this motion, it was passed by a unanimous role call vote. Mr. Asmus explained the Board's action to Mr. Gamero. 8. HEARING, CASE NO. 000656 IMPROPER DISH ANTENNA INSTALLATION 9920 NE 2 AVENUE, OWNER: ARCHDIOCESSE OF MIAMI Mr. Grau, representing the Archdiocesse, was sworn in. Mr. Grau advised that he had appeared before the Planning & Zoning Board and the Archdiocesse is in the process of complying with the Code. Mr. Henderson, III motioned to postpone this matter for 60 days. Mr. LaBarre seconded, it was passed by a unanimous vote. Mr. Asmus explained the Board's action to Mr. Grau. 9. HEARING, CASE NO. 00673 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 952 NE 91 TERRACE, OWNER: O.D. PLETCHER Mrs. Pletcher was sworn in. Mr. Stokesberry abstained, due to a possible conflict of interest, from both the discussion and the vote. Mr. Rodriguez advised that this property was cited August 23, 1989 and when he reinspected it was still not in compliance. However, Mr. Rodriguez has noted some progress. He advised the Board that Mr. Pletcher is in poor health and that Mr. & Mrs. Pletcher are doing all the work themselves. A motion to postpone this matter for 90 days was made by Mr. Taylor. Mr. LaBarre seconded the motion, it was passed by a 5-1-1 roll call vote, Mr. Henderson, III dissenting and Mr. Stokesberry abstaining. Mr. Asmus explained the Board's action to Mrs. Pletcher. 10. HEARING, CASE NO. 000690 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 709 NE 93 STREET, OWNER: SUSAN M. SALVATORE MCMANN Mrs. McMann was sworn in. Mr. Rodriguez passed pictures showing the prime problem to be the rusted grills on the windows. Mrs.' McMann advised that she is doing the work herself. She has already painted the grills and has scrapped the peeling paint and has painted the trim. She is willing to paint the house and was advised that she must apply for and receive a permit to paint the house and approval of the color selection. She also requested a waiver of Administrative fees so she can afford the paint. A motion to postpone this matter for 30 days was made by Mr. Custin and seconded by Mr. Taylor, and passed by a unanimous vote. Mr. Asmus explained the Board's action to Mrs. McMann. 11. HEARING, CASE NO. 000701 GENERAL UNSIGHTLINESS 1032 NE 98 STREET, OWNER: NELSON B. ALDERMAN HUNT Mr. Hunt was sworn in. Mr. Rodriguez advise that the property was cited August 31 and that as of September 18, when he reinspected, it was still not in compliance. Robert passed pictures showing the long grass, overly lush shrubbery and the blockage of the gate by the shrubbery. Mr. Hunt offered pictures of the property in which he stipulated that it was the photographer that made the difference and that he, Mr. Hunt, liked lush shrubs. At this time Ms. Ann Hunt was sworn in. She stated that she and her family had lived in the home for some time but had left the property due to problems. After further discussion, and a recall to order by Chairman Asmus, a motion was made by Mr. Stokesberry for a Finding of Fact and a Conclusion of Law, there is a violation of the Schedule of Regulations, ordered that $110.00 Adminstrative fee be assessed, and if the violation is not corrected in 30 days a $25.00 per day fine will become effective. Mr. Henderson, III seconded the motion, and it passed by a unanimous roll call vote. Mr. Asmus explained the Board's action to Mr. Hunt. 12. HEARING, CASE NO. 000675 GENERAL UNSIGHTLINESS 735 NE 94 STREET, OWNER: FELIPE CARIDAD Mr. Caridad nor any representive were present. Mr. Rodriguez advised that the property was still not in compliance as of his September 8, 1989 reinspection. A motion was made by Mr. Stokesberry for a Finding of Fact and Conclusion of Law, a violation of Schedule of Regulations exists, ordered a $110.00 Administrative fee be assessed and if the violation is not corrected in 30 days a $25.00 per day fine will become effective. The motion was seconded by Mr. Taylor, and passed by a unanimous roll call vote. 13. HEARING, CASE NO. 000669 • INOPERABLE VEHICLE ON PREMISES 925 NE 92 STREET, OWNER: JOSE R. ALVAREZ-ALFONSO • Mr. Alfonso nor any representive were present. Mr. Rodriguez advised that the violation still existed as of his reinspection of September 8. A motion was made for a Finding of Fact, and Conclusion of Law, there is a violation of Schedule of Regulations, ordered that $110. 00 Administrative fee be assessed and if the violation is not corrected in 30 days a $25.00 per day fine will become effective. Mr. Henderson, III seconded the motion, and passed by a unanimous roll call vote. 14. HEARING, CASE NO. 000671 GENERAL UNSIGHTLINESS 969 NE 92 STREET, OWNER: ADVENTINO O. SILVA Mr. Silva nor any representive were present. Mr. Rodriguez advised that the property was still in violation as of his reinspection on September 8. A motion was made by Mr. Taylor for a Finding of Fact, and a Conclusion of Law, a violation of Schedule of Regulations exists, ordered a $110.00 Administrative fee be assessed and if the violation is not corrected in 30 days a $25.00 per day fine will become effective. Mr. Henderson,Iii seconded the motion, it passed by a unanimous roll call vote. 15. HEARING, CASE NO. 000676, 000786 GENERAL UNSIGHTLINESS 9510 BISCAYNE BOULEVARD, OWNER: C.J. WALDEN Mr. Walden nor any representive were present. Mr. Rodriguez stated that as of his reinspection the ql, property was still not in compliance. He further stated that all though we are in receipt of signed certified mail cards Mr. Rodriguez feels that the property looks abandoned. Mr. Henderson, III made a motion that this matter should go through the proper channels and that Public Works should bring the property into compliance. It was stated also that the charges for this should be assesed to the owner. Mr. Stokesberry seconded the motion and it passed by a unanimous vote. 16. HEARING, CASE NO. 000685 UNLAWFUL SIGN ON PREMISES 1168 NE 101 STREET, OWNER: ROBERT G. HALL Mr. Hall nor any representive were present. Mr. Rodriguez stated that as of his reinspection the property was still not in compliance. A motion was made by Mr. Henderson, III for a Finding of Fact, and a Conclusion of Law, a violation of Schedule of Regulations does exists, ordered a $110.00 Administrative fee be assessed and if the violation is not corrected in 30 days a $15.00 per day fine will become effective. Mr. LaBarre seconded the motion, it passed by unanimous vote. 17. HEARING, CASE NO. 000716 INOPERABLE VEHICLE ON PREMISES 390 NE 91 STREET, OWNER: JACQUES D. DIDIEU Mr. Didieu nor any representive were present. Mr. Rodriguez stated that as of his reinspection the violation has not been corrected. Mr. Stokesberry moved for a Finding of Fact, and a Conclusion of Law, there is a violation of Schedule of Regulations, ordered a $110.00 Administrative fee be assessed, and if the violation is not corrected in 30 days a $25.00 per day fine will become effective. It was passed by a unanimous vote. 18. HEARING, CASE NO. 000745 GENERAL UNSIGHTLINESS 163 NE 100 STREET, OWNER: SANDRA PELTIER Ms. Peltier nor any representive were present. Mr. Wilson advised that as of his reinspection the property was in compliance but not by the correction date required by the citation. Mr. Henderson, III moved to dismiss this case and Mr. Custin seconded. It was passed by a unanimous vote. 19. HEARING, CASE NO. 000745 • GENERAL UNSIGHTLINESS 10275 NE 2 AVENUE, OWNER: MIAMI SHORES CHURCH OF CHRIST No representives were present. Mr. Rodriguez stated that the property is still in violation. Mr. Henderson, III moved for a Finding of Fact, and a Conclusion of Law, a violation of Schedule of Regulations does exist, ordered a $110.00 Administrative fee be assessed and if the violation is not corrected in 30 days a $25.00 per day fine will become effective. Mr. Taylor seconded the motion and it passed by a unanimous vote. 20. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Asmus called for nominations for Chairman. Mr. Stokesberry nominated Mr. Asmus for Chairman. Mr. LaBarre seconded this nomination. It was passed by a unanimous roll call vote. Mr. Custin nominated Mr. Colangelo for Vice Chairman. Mr. LaBarre seconded this nomination. It was passed by a unanimous roll call vote. There being no further business to come before the Board, the meeting adjourned at 9:45 P.M. Secretary Pro Tem •