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12-07-1989 Regular Meeting• • • aiami cShores(illage F L O R 1 D A CODE ENFORCEMENT HOARD MEETING December 7, 1989 The Miami Shores Village Code Enforcement Board regular meeting was held on December 7, 1989 at 7:35 P.M. at the Miami Shores"'Village Hall, The meeting was called to order by Vi,ce:::Chairman, Richard Colangelo, with the following members present: Richard ° Colangelo,: Vice Chairman Owen Henderson, III Royal D. LaBarre Arthur H. Taylor Absent: Barry K. Astons Charles M. Custin John L. Stokesberry Also present: Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES - November 2, 1989 The minutes of the meeting of November 2, 1989 were approved, as distributed, by a motion made by Mr. Taylor, seconded by Mr. LaBarre, and carried by a unanimous vote. 2. CONTINUANCE FROM 11/2/89, CASE NO. 000758 HEDGE BEYOND HEIGHT LIMITATION 1040 NE 105 STREET OWNER: JOHN LEONARD Mr. Rodriguez noted this case, had been continued from the last meeting 11/2/89. His inspection today indicated, Mr. Leonard is now in compliance. Mr. Leonard was not present at the meeting. Mr. Taylor moved that since. Mr. Leonard is in compliance, no further action is necessary. Motion was seconded by Mr. LaBarre and passed by unanimous roll call vote. 3. CONTINUANCE FROM 10/5/89, CASE NO 0006562 NO SCREEN FOR DISK ANTENNA 9920 NE 2nd AVE OWNER: ARCHDIOCESE Mr. Grau representing the Archdiocese of Miami, stated that drawings for screening have been submitted for review by the Planning & Zoning Board at their meeting of December 14:, 1989. Mr. Henderson moved to continue the hearing .30. days to allow time ,dor the Planning & Zoning Board to review plans. Following brief discussion, he amended his motion to allow 60 days, it case this item goes to Council. The motion was seconded by }ir'. LaBarre and passed unanimously. CODE ENFORCEMENT BOARD -2- 12/7/89 4. REQUEST FOR RELIEF CASE NO 000850 & 000622 PARKING COMMERCIAL VEHICLE 9313 NW 2nd COURT OWNER: ELENA SALLY CUPP Ms. Elena Cupp was sworn in. Mr. LuBien, Mr, Wilson, and Mr. Rodriguez were: also sworn in for their testimony of the evening. Mr. Wilson presented the case stating:Xs. Cupp is now.in compliance, but was not so by the date due. The two cases. are for the same violation as the vehicle with the lettering disappeared and then reappeared. No action was taken by the owner. Ms. Cupp stated, it is not a commercial vehicle, nor is it registered as a commercial 'vehicle, She bought it used with.. the lettering, but has since had the lettering removed, and had original stripe put on. Mr. LuBien noted the first notice. was -sent on August 10., the second on October 19, There are two $110.00.Adm nistrative fees (total $220.001 Which is. Cupp is requesting relief from, there are no.. additional fines. Mr. Henderson moved that only one Administrative fee of $110.00 be re- moved,, and one $110.00 Administrative fee remain,: seconded by Mr. LaBarre. In discussion, Patrick McDougal,was sworn in, He stated that an effort had been made to correct the violation. The job was not done properly. The violation has since been corrected. The vote was called, and passed by unanimous roll call vote, 5. HEARING,. EASE NO 000857 DAMAGING, DEFACING VILLAGE PROPERTY 95 NW 95th STREET OWNER: MARGIE D. ROWLAND Mr. LuBien introduced the case. Mr. Wilson presented the facts. A new -roof was placed on the house in October, and at that time the roofing truck, in dr ving.across'the side- walk broke it. Mr. Wilson .did not immediately write a violation, as he explained to someone at the residence that, the sidewalk had to be repaired, and the person he spoke with agreed. When"the work was not done, he sent a notice to obtain a permit and replace the broken sidewalk. Yesterday a slab was poured for the broken sidewalk. Members reviewed photos of. the violation. Ms. Ella Belle Walker was sworn in. She said she is the new co-owner of the property. She said the sidewalk had been broken since 1981, and there are numerous such broken sidewalks in the Miami Shores Village. The Village has no right to tell her she must repair --her sidewalk. In spite of this she had the roofer make the repair yesterday, and was not told a permit is needed. CODE ENFORCEMENT BOARD -3- 12/7/89 Mr. LuBien noted, it seems from Ms. Walker's comments, that mortar was smeared on top of the damaged sidewalk without a permit and without an inspection. Mr. Wilson showed Ms. Walker a copy of the notice which clearly indicates a permit must be obtained, and the sidewalk replaced. Mr. Henderson moved for Finding of Fact, and Conclusion of Law, a violation to Sec 15-8 of Miami Shores 'Village Code of Ordinances does exist, that an Administrative fee of $110.00 be assessed, and a $25.00 per day fine will be levied after. 30 days, if a permit is not obtained, and the sidewalk re- placed with the proper inspections. Mr, LaBarre seconded the motion. Following discussion, the motion passed by unanimous roll call vote. Mr. Colangelo explained the action of the Board to Ms. Walker. He advised her to call Mr. LuBien if she has any questions. 6. HEARING,CASE NO. 000844 IMPROPER STORAGE:OF RUBBISH, GARBAGE, ETC. 336 NE 98th STREET OWNER: ELSIE BAIOFF Mr. LuBien introduced the case. Ms. Baioff was sworn in. Mr. Rodriguez presented the case, stating, the original citation was written on 10/16/89 with a correction date of 10/31/89. A reinspection was made on 11/1/89 at 8:50 A.M., and the violation was not corrected at that time. At that time Mr. Rodriguez surveyed the violation with Ms. Baioff, and pointed the violations out to her. Members reviewed the photographs, He inspected the property today, and the violations were corrected. Ns. Baioff was given an opportunity to speak, but she persisted in bringing up the neighbors citation which was corrected by the due date. Mr. Taylor moved for Finding of Fact, that a violation did exist, Conclusion of Law, this was a violation of 12-104 of Miami Shores Village Code of Ord, ordered that an Administrative fee of $110.00 be assessed, and the fine is waived, since Ms. Baioff is now in compliance, the motion was seconded by Mr. Henderson, and carried. by a unanimous roll call vote, Mr. Colangelo explained Members action to Ms, Baioff. 6. HEARING, CASE NO 000.928 OBSTRUCTIONS ON R/W 1146 NE 97th STREET OWNER: JAIME CRUZ, JR. Mr. LuBien introduced the case. It was presented by Mr. Rodriguez who..stated, the violation notice was dated 11/7/89 with a correction date of 11/22/89. A call was received requesting a few days extension. Today in the A,M, the palm tree still blocked the street light. Trish O'Neal, Real Estate person representing Mr. Cruz, Jr. was sworn in. Ms. O'Neal stated that Mr, Cruz, Jr. lives in Puerto Rico, and she has the listing to sale the house, The violation was corrected this afternoon. • i • CODE ENFORCEMENT BOARD -4- 12/7/89 Mr. Taylor moved for Finding of Fact and Conclusion of Law that a violation to Sec 20-16(B) did exist, bordered that $110.00 Administrative cost be assessed, and there be no fine since the violation is corrected. Motion was seconded by Mr. LaBarre, andpassed by unanimous roll call vote. Mr. Colangelo explained the Boards action to Ms. OrNeal. 7. HEARING, CASE NO 000932 INOPERABLE VEHICLE ON PREMISES 11040 NW 2nd ATENDE OWNER: DIANE L. BARTON MA. Barton was absent from the meeting. The case was presented by Mr. Wilson, who stated, Ms. Barton rents the property. He had sent Ms, Barton three subsequent notices, and talked;itith her on the phone. She advised him the vehicles cited belonged to the tenant and she will talk to him. Members reviewed photographs of the violations which have not been corrected. Mr. LaBarre moved for Finding' of Fact., and Conclusion of Law there is a violation to See 13-1 of Miami Shores Village Code of Ordinances, ordered that $110.00 Administrative fee be assessed, and if not properly complied within 30. days a fine of 50.00 per day ($25.00 each of 2 vehicles) will become effective. Mr. Henderson seconded themotionwhich passed by unanimous roll call vote. 8. HEARING, CASE NO 0.00951 & NO 000953 INOPERABLE. 'VEHICLE ON PREMISES. GENERAL UNSIGHTLINESS 9413 NORTH MIAMI AVE OWNER: GLADYS ALVA Ms. Fernando. Alva was sworn in. Nr. Wilson presented the. case as Members reviewed the photographs, Ms. Alva was cited for both violations on November 14, 1989 with a compliance date of November 27, 1989 The citation No. 000953, Sec. 10:1 has been corrected, though not by the due date. The vehicle ',cited in Case no, 000951 remains in the back yard with a cover over it. Mr. Wilson'f-urther stated, the property looks better than it. has in five years. Ms. Alva has been extremely cooperative. Ms. Alva after being sworn in noted that her three children helped her clean up. She works seven days per week to support herself and the children. The property is for sale and she does not have equity to realize any money from the sale, She further stated, she cannot afford to live in Miami Shores. The 4uto with the cover belongs to her ex husband, and she stores it for him out of kindness. Following further discussion, Mr. Henderson moved for Finding of Fact, and Conclusion. of Law there was a violation to Sec 10:1 and Sec 13-1 of Miami Shores Village Code of. Ordinances. Case No 000953, Sec 10-1 has been cm - plied with, and there Be no Administrative fee nor fine since 14s. Alva has worked 30' diligently to comply. Further that in Case No 000951, Sec 13-1, the vehicle as cited in the back yard must be removed within sixty days. • • • CODE ENFORCEMENT BOARD -5- 12/7/89 The Administrative fee and fine in this case is waived. This motion was seconded by Mr. Taylor, and following Ms.. Alva"s assurance the vehicle will be movedwithin the time allotted, the motion passed by unanimous roll call vote. There being no further business, the meeting adjourned at 8:45 P.M. . L%is G re ry