02-01-1990 Regular MeetingkaiJko111A
CODE ENFORCEMENT BOARD MEETING
February 1, 1990
The Miami Shoresfrillage Code. Enforcement Board regulat meeting was held
on February.1, 1990 at:7;.30.P4M. 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
Richard. Colangelo
Royal D. LaBarre
John L. Stokesberry
Arthur H. Taylor
Absent: Charles M. Custin & Owen Henderson
Also present: Frank LuBien, Director of Code Enforcement
Robert Rodriguez, Code Enforcement Inspector
Jack Wilson,'Code Enforcement Inspector
1. MINUTES -.January 4, 1990
The Minutes.of the meeting of January 4, 1990 were approved, as distributed,
by a motion made by 11r. Stokesberry, seconded by Mr. LaBarre, and carried
by unanimous vote.
Mr. LuBien, Mr. Rodriguez., and Mr. Wilson were sworn in.
2. DETERMINATION, CASE NO. 000651
OVERSIZE HEDGE
MARGARET JONES KELLER
1238 NE 96th STREET
Mr. LuB.ien introduced the case, stating, this item is on the agenda for the
purpose of .clearing it from the books. The alleged front hedge was deter-.
mined to.be otherwise by the Planning & Zoning Board and the applicant;
therefore no violation existed. Mr. LuBien then requested that the Board
dismiss this case.
Mr. Stokesberry moved that case #000651 be dismissed, seconded by Mr. Taylor,
the motion passed unanimously.
3. HEARING, CASE NO. 0001021
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
1249 N. E. 100th -STREET
-OWNER: EDDIE D. & JUDITH N.. MARTIN
Mr. LuBien introducedthe case. Mr. Rodriguez presented the facts, stating
the violation was written on November 29, 1989 for a correction date of
December 29, 1989, As of January 1, 1990 (today's inspection) the violation
has not been corrected.
Mr,nor Mrs. Martin were present for the meeting.
Mr. Stokesberry moved for Finding ofFact the violation does pxist. Conclusion
of Law this is a violation of Sec 12-13.3 of. Miami Shores Village Code of
Ordinances, ordered that an Administrative cost of $110.00 be assessed, and
if not corrected in 30 days, a fine of $50.00 per day be levied, the motion
was seconded by Mr. Taylor, and passed unanimously.
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4. HEARING, CASE NO 000656
IMPROPER DISH ANTENNA��INSTALLATION
9920 N. E. 2nd AVE
OWNER: ARCHDIOCESE OF MIAMI
The case was introduced by Mr, LuBien, the facts as stated by him also,
the citation was first sent to the Archdiocese in August 1989, A plan
for screening was submitted and approved hy the Planning & Zoning Board
and the Village Council (as submitted by Franklin Grata, Mr. LuBien
noted, he has never received any drawings., or request for a permit for
same.
No one was present to represent. the Archdiocese.
Mr. Taylor moved for Finding of Fact a violation does continue to exist,
Conclusion of Law, this is a violation of Sec 516(cl, ordered that the
Archdiocese be assessed $110,.00 Administrative fee, and if.the violation
is not corrected in thirty days;aAfine will be levied of $25.00 per day.
Motion was seconded by Mr. Stokesberry.
Nr. Colangelo offered an amendment to the motion., the fine levied after
30 days be $50.00 per day. Mr. Taylor and Mr. Stokesberry accepted the
amendment. The vote taken on the amendment passed unanimously. The vote
taken on the motion also passed unanimously.
5.& 6, HEARING, CASE NO. 000968 & No. 000969
UNSIGHTLY FASCIA,SOFFIT, HOUSE EXTERIOR & GENERAL UNSIGHTLINESS
262 N. E. 98th STREET
OWNER: MALCOLM M. CAMPBELL
Mr. Campbell was not present at the meeting.
Mr. LuBien introduced the cases.
Mr. Rodriguez in presenting the facts, noted that Mr. Campbell had been
given several extensions on the violations for whichhe was cited in
November with a December.21:, 1989 correction date. Mr. Campbell lost his
parents in the house and was emotionally unable to enter the home.for some
time. Some progress has been made, and the violations are 80% corrected.
Mr. LaBarre moved for Finding of Fact & Conclusion. of. Law there is a viola-
tion of Sec 12-133 and Sec 10-1, ordered that $110.00 Administrative cost
be assessed on, the two cases combined, and that there will be a fine of
$50.00 per day levied after 30 days if the violations are not corrected.
This fine is also on the combined cases. Mr. Taylor seconded the motion,
which passed unanimously.
7 &.8. HEARING, CASE NO 001008 & NO 001009
GENERAL. UNSIGHTLINESS & LACK. OF OFF STREET PARKING
22 N. W. 103rd STREET
OWNER: EMANUEL JONASSAINT
No one was present to represent_Mronassaint.
Mr. LuBien introduced the case.
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Mr. Wilson stated the factsof the cases and passed around photographs of
the violations. Notice sent on 12/26/89 for a correction date of 1/10/90,
In case no, 1009 the vehicle is moved intermittently, in case no 1008 the
yard is still not sodded,
Mr. Colangelo moved for Finding of Fact violations do PXist, Conclusion of
Law 10-1 and. the Schedule of Regulations are the sections of the code which
are violated, ordered that an. Administrative fee of $110.00 be assessed,
and if the violations are not corrected in -thirty days a fine of $50.00 per
day will become effective, (this order for both cases combined), The motion
was seconded by Mr. LaBarre, and carried unanimously.
9. HEARING, CASE NO 00101.3
INOPERABLE VEHICLE ON PREMISES
41 N. W. 107th STREET
OWNER: EDWIGDE BOLIVAR.
Mr. Bolivar was present at the meeting, he was sworn in.
Mr. LuBien introduced the case.
Mr. Wilson noted therewere two inoperable vehicles, but one was
moved immediately upon receipt of the citation datedJanuary 2, 1990 for
a correction date of January 16, 1990, One red jeep was just moved on
January 31, 1990.
Mr. Bolivar testified the jeep belonged to an uncle who wasnot in the
country, and he had to find a place to move the jeep.
Mr. Asmus explained the notice sent and the fine procedure to Mr. Bolivar.
He explained the violationshould have been corrected by January 16.
Mr. Stokesberry moved for Finding of Fact and. Conclusion of. Law, a violation
to Sec 13-1 did exist, andordered. that $110.00 Administrative cost be
assessed. The motion.. was seconded by Mr. LaBarre. The motion passed by
the following. vote: Mr. Taylor Yes
Mr. Colangelo No
Mr. Stokesberry Yes
Mr. LaBarre Yes
Mr. Asmus No.,
Much discussion continued,. Mr. Asmus regretted the Administrative fee,
Mr. Colangelo felt the Administrative fee too stringent, because of the
circumstance.
Mr. Stokesberry made a -motion to repeal the previous motion., seconded by
Mr. Colangelo, and carried,by unanimous vote.
Mr. Stokesberry moved that the Administrative. cost of $110,00 be waived,
seconded yMr,''Colangelo and passed by the following vote:
Mr. Taylor No
Mr. Colangelo Yes
11±'Stokesberry Yes
Mr. LaBarre No
Mr. Asmus Yes
Mr. Asmus explained the Boards action and admonished M±. Bolivar never to
come before the Board for a violation again,
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Mr. Colangelo announced that the Miami Shores Chamber of Commerce met for
dinner last Saturday. Owen Henderson was elected. the new President.
Mr. Henderson made a great speech and great.. things are expected to happen
on N. E. 2nd Avenue Arming his term in office, All Members wished him the
best of luck_..
There being no further business., the meeting adjourned at 8:00 P.M.