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01-04-1990 Regular Meeting• • • aiami cJhorenillage F L O R I o A CODE ENFORCEMENT BOARD MEETING January 4, 1990 The Miami Shores Village code Enforcement Board regular meeting was held on January 4, 1990 at 7:30 P.M. at the Miami Shores Village Hall. The meeting was called to order by ChairMem,:.Barry K. Asmus, with the following members present: Barry K. Asmus, Chairman Richard Colangelo Charles M. Custin Owen Henderson, III Royal D. LaBarre John L. Stokesberry Absent; .Arthur H. Taylor Also present; Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector 1. MINUTES - December 7, 1989 The minutes of the meeting of December 7, 1989 were approved, as distributed, by a motion made by Mr. LaBarre, seconded by Mr. Stokesberry, and carried by a unanimous vote. 2. HEARING, CASE NO. 000673 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 952 NE 91 Terrace OWNER: O.D. PLETCHER Mr. LuBien explained, this item is on the agenda, because of a continuance. granted ninety days ago. Mr. John Stokesberry noted he will refrain from discussion and voting because of legal proceedings he has had with the Pletcherts, Mr. & Mrs. Pletcher were sworn in. Mr. Rodriguez and Mr, LuBien also were sworn in for their testimony of the evening. Mr. Rodriguez explained,. the house has received one coat of paint, another is needed, also the soffit and fascia has peeling paint. This violation is past due and should be corrected. Mr. Pletcher explained that it is taking longer to do the work because he and Mrs. Pletcher are attempting to do the work themselves. He had a gentleman lined up to help, but that person backed out. Mrs. Pletcher noted that she had given the front a coat of paint herself. Mr. Asmus explained that Mr. & Mrs, Pletcher must get help and the work 'roust be completed within a reasonable time, Mrs, Pletcher indicated that with. help, the work could be completed in 30 days, CODE ENFORCEMENT BOARD -2- 1/4/90 Ivan Rodriguez.of 958 NE.91st Terr. was sworn in. Mr. Rodriguez stated he has his home for sale, and he has heardnumerous derogatory remarks concerning the condition of 952 NE 91st Terr. This house has been in a state of repair for seven years, neighbors have been overly patient, one month. extension is not going to correct the problem. He is having trouble selling his home because of the condition of this house. Mr. Henderson moved for Finding of Fact the violation does exist, Conclusion of Law, this is a violation of. Sec 12133, and since the case was continued from October, ordered: that an Administrative fee of $110.00 be assessed and $50.00 per day fine if the violation is not corrected in 30 days. The motion was seconded by Hr. Colangelo. Mr. Pletcher spoke about his,:aituationbefore the vote was taken, The vote was called and passed by the following roll call vote: Richard Colangelo Yes Owen Henderson Yes John Stokesberry Abstain Royal LaBarre Yes Charles Custin Yes Barry Asmus No.. Mr. Asmus explained the action of the Board to Mr. & Mrs. Pletcher and advisedthem to be in touch with Mr. LuBien and Mr. Rodriguez. 3. HEARING, CASE NO. 000828 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 9700 Biscayne Blvd OWNER: MARTHA P. RUFFIN Mr. LuBien introduced the case, Mr. Rodriguez.presented the facts. A fence was installed for which a permit was issued. A porch or deck was built across the rear of the house for which there was no permit nor drawings, also this porch is beyond the setbacky and not allowed. Steve Varri who lives in the house with Cornelia Ruffin, sister of Martha, were sworn in, Mr. Varri testified he did obtain a permit for the fence, but was remiss in obtaining one before building the porch. In response to query as to why this was not observed before he completed building, he was told that because of the fence, the building could not be seen. Mr. LuBien ex- plained drawings and inspections are required for the building. The porch is unauthorized and no variance can be granted to build up to the property line. Mr. Stokesberry moved for Finding of Fact and Conclusion of Law, a violation to Sec 6,.4 of Miami Shores Village Code of Ordinances- .does exist, ordered that$110.00 Administrative fee be assessed and a fine of $50.00 per day will be levied after thirty days if compliance is not met. Mr. LaBarre seconded the motion which passed by unanimous roll call vote. Mr. Asmus explained the motion and the action of the Board to Hr. Varri. • CODE ENFORCEMENT BOARD 4. HEARING,CASE NO 000829 INOPERABLE VEHICLE ON PREMISES 1.319 NE 105th Street OWNER: MARILYN CAPUTO -3- 1/4/90 The case was introduced by Mr. LuBien. It was presented by Mr. Rodriguez. Tom Haven, son of Marilyn Caputo was sworn in, He noted that he is the owner of the vehicle which was left to him by his deceased father. He had received no notice of the violation because he goes to college and was not on the best terms with his mother. The volkswagon belonged to his father, and he is in the process of transferring the title and getting the vehicle tagged. Mr. Custin moved for Finding of Fact a violation does exist, Conclusion of Law, this is a violation of 131 of the Miami Shores Village Code of Ordinan- ces, ordered that $110.00 Administrative fee be assessed, and if the vehicle is not in compliance in 30 days, a fine of $25.00 per day will be levied. Mr. Stokesberry seconded the motion. Mr. Henderson requested the motion be amended, under the circumstance, to defer the. Administrative fee and the fine for 30 days to allow Mr. Haven time to get a tag. Mr. Custin and Mr. Stokesberry accepted the amendment. Vote on the amendment was unanimous. Vote was taken on the notion which also. passed unanimously. • Mr. Haven was advised by Mr. Asmus to tag the volkswagon as soon as possible. • 5. HEARING, CASE NO 000983 FAILURE TO MAINTAIN PARKWAY 1173 NE 104th. Street OWNER: ALBERTO DIAZ Mr. LuBien introduced the hearing. Mr. Rodriguez presented the facts as Members reviewed the photographs. Mr. Diaz was sworn in. Nr. Diaz stated he was not aware that it was his responsibility to maintain the Biscayne Blvd. side of his property. The water company had sodded it and he had seen Village equipment cutting the grass. Mr. LuBien noted that he advised Nr. Diaz at the time he built the .house concerning his responsibility for maintaining the parkway from Biscayne Blvd to his property line. Mr. LaBarre moved for Finding of Fact and Conclusion of Law,.a violation does exist to Sec 20-17 of Miami Shores Village Code of Ordinances, ordered that $110.00 Administrative fee be assessed and if Mr. Diaz is not in com- pliance in 30.days a fine of $25,00 per day will be levied. Mr. Henderson seconded the motion Which passed by .unanimous roll call vote. Mr. Asmus explained to Mr. Diaz bis responsibility to maintain the parkway, and the action of the Board. CODE ENFORCEMENT BOARD -4- 1/4/90 6. HEARING, CASE NO 000991 FAILURE TO OBTAIN .:OCCUPATIONAL LICENSE 8851 Biscayne. Blvd OWNER: JUAN BERRY OCCUPANT: BACON"S LAUNDROMAT, INC, Nr. John Hurlston was sworn in, Mr. Rodriguez stated this is a.laundromat with.two video machines inside, There is no occupational license for the machines, which is required. Mr. John Htrlston, testified he is part owner of the laundromat for which he did obtain an occupational license. The company which placed the video machines advised him they did obtain permit. He was not aware until receipt of this final notice that they had not, so he came in and paid the $30.00 due on each machine htmself. Mr. Hurlston further stated he doesn't like the machines there and wants them removed, but can get no action. Mr. Asmus advised him to contact his attorney and get legal advise on getting the 'machines out. Mr. Colangelo moved for.Finding of Fact and Conclusion of Law, a violation did exist to Sec 14-17 of Miami Shores Village Code of Ordinances. Further that Mr. Hurlston pay $110.00 Administrative fee, and there be no fines, since he is in compliance. Mr. Henderson seconded the motion which passed by unanimous roll call vote. 7. HEARING, CASE NO 000956 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 9901 NE 13th Avenue OWNER: FELIX A ESTRADA Mr. LuBien introduced the case. The facts were presented by lir. Rodriguez. Mr. Estrada was not present for the meeting, nor was there a representative. Mr, LaBarre moved for Finding of Fact and Conclusion of Law, there is no change to the violation to Sec 12-133 of the Miami Shores Village Code of Ordinances, ordered that an Administrative 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 against the property. The motion was seconded by Mr. Stokesberry, and passed by unanimous vote. 8. HEARING, CASE NO 000992 MAINTAINING A NUISANCE 9545 Biscayne Blvd OWNER: GIBRALTAR SAVINGS & LOAN ASSOC Mr. LuBien introduced the case. Mr. Rodriguez presented the facts, N1r. LuBien noted that due to the mediate response fro 1 ixidy-: of•Gibraltar• Savings & Loan Assoc.. it would not be out of order to waiije the Administrative fee and the fine, Mr. Henderson moved for Finding of Fact and Conclusion of Lawthat a violation did exist but was corrected. Since compliance has been met the case be closed, • • • CODE ENFORCEMENT BOARD -5- 1/4/90 The motion was seconded by lir. Stokesberry, and passed unanimously. There being no further business to come before the Board, the meeting adjourned at 8:30 P.4. . 4 osep 'ne Cburc . , Secretary