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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. • • • CODE ENFORCEMENT BOARD -2- 2/1/90 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. • • CODE ENFORCEMENT BOARD -3- 2/1/90 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, • • • CODE ENFORCEMENT BOARD -4- 2/1/90 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.