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04-05-1990 Regular Meeting• iami crhores94llage F L O R I D A CODE ENFORCEMENT BOARD'MEETING April 5, 1990 The Miami Shores Village Code Enforcement Board regular meeting was held on April 5, 1990 at 7:35 P.M, at the Miami Shores Village Hall. The meeting was called to order by Vice Chairman, Richard Colangelo, with the following members present: Richard Colangelo, Vice Chairman. Owen Henderson Royal D. LaBarre Arthur H. Taylor Absent: Barry K. Asmus, John L. Stokesberry, and Charles M. Custin Also present: Frank LuBien, Director of Code Enforcement Jack Wilson, Code Enforcement Inspector Robert Rodriguez was absent, he had no cases to present. 1. MINUTES - March 1, 1990 The minutes of the meeting of March 1, 1990 could not be approved for lack of a quorum present who attended that meeting. 2. HEARING, CASE NO. 001072 LACK OF OFF STREET PARKING 9136 North Miami Avenue OWNER: JOSEPH CARLO BIEN AIME • Mr. Bien Aime was present and was sworn in along with :Nr. Jack Wilson and Mr. Frank LuBien. Mr. Wilson presented this case stating, there was Finding of Fact that the vehicles were being parked on the lawn and other unimproved surfaces. Conclusion of Law,::this was a violation of the Schedule of Regulations. Mr. Bien Aisne is incompliance, case is closed, 3. HEARING., CASE NO,0.01073 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 9136 North Miami Avenue OWNER: JOSEPH CARLO BIEN AIME Mr. LuBien introduced the case. Mr. Wilson presented the facts, stating a considerable amount of work has been done, attempts have been made to correct all the violations, however, the work is not completed at this time. Mrs, Bien Aime was sworn in. She stated that. her husband had been ill and had surgery, also there is a lack of funds. Every- effort is being made to correct the. violations. Following further discussion, Mr, Henderson moved for Finding of Fact there was excessive mildew'on roof,. ,awnings and exterior of. house. Violation has Been partially corrected, Conclusion. of Law, this is a violation of•Sec 12-133 of the. Miami Shares Village Code of Ordinances. Ordered that 'Administrative fee be waived, that the iriolation be, corrected witb4thirty.days or $110,00 Acmtnistxative fee will'be charged, 'Mr. LaBarre seconded the motion, which carried by unanimous roll call vote. • • CODE ENFORCEMENT BOARD MEETING -2- 4/5/90 4. HEARING, CASE NO. 001127 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 89 N. W. 110th STREET OWNER: BENOIT SYLVAIN Mr. Wilson stated that Mr. Sylvan was cited on March 6, 1990 for garage enclosure and. no permit. Mr. Sylvan came into 'Village Hall the next day) and the citation and the requirements for correction were explained to him. Mr. LuBien explained that all work done had to be removed. There had been no response. Thr. Sylvan was sworn in, He seemed to be unable to communicate.., Mrs. Bien Aime translated..for him, .Considerable-discussion.followed, The motion was made by Mr. Henderson:for Finding of Fact that the garage was enclosed without a permit. The construction was unlawful. Conclusion of Law, this is a violation of Sec. 6-4 of '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 $25.00 per day will go into effect. The motion was seconded by Mr, LaBarre, and passed.by unanimous vote. 5. HEARING, CASE NO. 001139 UNLAWFUL OCCUPANCY 141 N. W. 99th STREET OWNER: GILBERTO DOMINGUEZ, 2401 N, E. 95th St. Mr. David Angelo was translator for Mrs. Dominguez, and he was sworn in. Mr. Wilson noted that he advised the owner to be in contact with him to let him know how many families live in the house. He has numerous complaints of more than one family living there, and even talked with two people who advised him that they rent. He sent the citation on March 6, 1990 with a correction date of March 22, 1990, There was considerable discussion concerning the occupants of the house, Mr. Angelo stated he was very busy and unable to be in contact with Village Hall. Mrs. Dominguez rents the 3 bedroom, 2 bathhouse to her cousin and their four children Other cars and other people there were visitors for up to two week stays. Much discussion ,continued. Mr. Taylor moved for Finding of Fact that the single family residence was being used for multi family occupancy. Conclusion of Law, this violates Sec, 12-122 of Miami Shores Village Code of Ordinances. Ordered that $110.00 Administrative fee be assessed and if occupied by additional families in 15 days, a $50.00 per day fine will be levied. Mr. LaBarre seconded the motion which carried by unanimous roll call vote. • • CODE ENFORCEMENT BOARD MEETING -3- 4/5/90 6. HEARING, CASE NO. 001058 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 74 N. W. 109th STREET OWNER: MS. L. DESLANDES Mr. LuBien advised Members that Ms. Deslandes. upon_receiving the citation, and being on the agenda. last month, requested a continuance so that she could present the proper drawings for the enclosure to the Planning & Zoning Board. Continuance was granted, but nothing has been done, Members reviewed photographs of the violation. Mr. Taylor moved for Finding of Fact,_the garage has been enclosed without a permit. Conclusion of Law, this violates Sec 6,4 of Miami Shores Village Code of Ordinances, Ordered that an Administrative fee of $110,00 is assessed, and if not in compliance in 30 days a fine of $50.00 per day be levied. Mr. LaBarre seconded the motion, and it carried by unanimous vote, 7. HEARING, CASE NO. 001066 UNAUTHORIZED CONSTRTJCTION/ALTERATIONS 229 N. W. 111th TERRACE OWNER: Antoinette Anestin was a copy of memo Included in Members packet regarding this caseAfromVillage Manager, Gail Macdonald. Mr. LuBien introduced the case.,and updated the Board on action taken thus far. He read a letter which he received today from Darien Williams (who says he is the husbandand representative of Antoinette Anestin). The owner was cited in January. In his letter Mr. Williams requested the case be tabled to later date, more convenient for him. At the urging of Mr. Lumen he indicated he could attend the meeting of May 3, 1990, and he indicated the same on his letter. A motion was made by Mr. Taylor to table the case to May 3, 1990. The motion was lost for lack of a second, In discussion, Mr, LuBien advised Mein ers, Council took no action, and it is not known if Planning & Zoning Board will develope or obtain a color wheel, They had given considerable time and thought to this question. before, The violation remains, there is no permit. A motion was made by Mr, LaBarre that the Finding of Fact is the house was being painted without a permit. Owner requested and received a continuance to obtain Administrative relief,. Planning & Zoning Board denied the appeal of color. Village Coundil did not act on the appeal due to advise:from the Village Attorney that there was no further appeal beyond the Planning & Zoning Board, No effort has been made to correct the violation, Conclusion of Law, this violated Sec 6-4 of 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 $50.00 per day fine will be levied, Mr. Henderson seconded the motion which carried by unanimous roll call vote, • • • CODE ENFORCEMENT BOARD MEETING -4- 4/5/90 8. HEARING, CASE NO. 001108 UNLAWFUL OCCUPANCY 225 N. W. 92nd STREET OWNER: WILNER EDOUARD Mr. LuBien introduced the case, He noted, the owner had been notified, but certified mail was returned unclaimed.. Members reviewed photos taken by Mr. Wilson. He further stated he had. talked with a person who stated he visits with a friend who lived in a garage in the alley. Mr. LaBarre Moved the Finding of Fact is an accessory building is being used for multi family occupancy, Conclusion of Law this is a violation of Sec 12-211 of Miami Shores Tillage Code of Ordinances. Ordered that $110,00 Administrative fee be assessed and if the violation is not corrected in thirty days, a fine of $100.00 per day will become effective. The. motion passed unanimously. 9. HEARING, CASE NO. 001109 LACK OF OFF STREET PARKING 225 N. W. 92nd STREET OWNER: WILNER EDOUARD The case was introduced by Mr. LuBien who read from the Schedule of Regulations concerning requirement for off street parking. Mr. Wilson passed around photos of the violation and indicated the severe lack ofoff street parking. A motion was made by Mr. Taylor for Finding of Fact, vehicles are being parked on lawn_ and other unimproved surfaces. Conclusion of Law, this is a violation of the Schedule of. regulations. Ordered that Administrative fee of $110,00 be assessed, and if the violation is not corrected in 30 days a $50.,00 per day fine will go into effect. The motion was seconded by Mr. LaBarre, and carried unanimously. 10. HEARING, CASE NO. 001110 INOPERABLE VEHICLE ON PREMISES 225 N. W. 92nd STREET OWNER: WILNER EDOUARD The case was introduced by Mr. LuBien. Brief discussion followed. Mr. Taylor moved.:for Finding of Fact that inoperable. vehicles are being stoked in the rear yard. Conclusion of Law, this is a violation of Sec 13-d of Miami Shores Village Code. of Ordinances. Orderedthat $110.,00 Administrar tive 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, and carried by unanimous vote. • • CODE ENFORCEMENT BOARD MEETING -5- 4/5/90 11. HEARING, CASE NO. 001134 LACK OF OFF STREET PARKING 117 N. W. 103rd STREET OWNER: JOSEPH & GLORIA G. MYRTIL Mr. Wilson introduced the case and he stated that there has been no change. Mr. Taylor moved for Finding. of Fact, vehicles are being parked .on lawn and in side set back. Conclusion of Law, this a 'violation of the Schedule of Regulations. Ordered that an Administrative fee of $110.00 be assessed and if the violation is not corrected in thirty days, a fine of $50.00 per day Will become effective. Er. LaBarre seconded the motion, which passed by a unanimous vote. 12. HEARING, CASE NO. 001162 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 67 N. W. 92nd STREET OWNER: ANTONIO PERDOMO Mr. LuBien introduced the case. Mr. Wilson showed Members photos he took of the lawn service truck parked unlawfully. Er. LaBarre moved for Finding of Fact, commercial vehicles are being parked in a residential zone. Conclusion of Law this is a violation of the Schedule of Regulations. Ordered that an Administrative fee of $110.00 be assessed, and a fine of $75,00 per day will become effective if the violation is not corrected in 30 days. The motion was seconded by Mr. Taylor and carried by unanimous vote. 13. HEARING, CASE NO, 001163 LACK OF OFF STREET PARKING 67 N. W, 92nd STREET OWNER: ANTONIO PERDOEO Mr. LuBien introduced the case. He stated there were three vehicles unlaw- fully parked today, and there has been no response to violation notices sent, Er. Wilson passed around. photographs which were self explanatory. Mr. LaBarre moved for Finding of Fact, vehicles `are being parked on the lawn and other unimproved surfaces. Conclusion of Law this is a violation of the Schedule of Regulations. Ordered that $110.00 Administrative fee be assessed, and if the violation is not corrected in 30 days, a fine of $50,00.°per day will become effective. Mr. Henderson secondedthe motion and it passed by unanimous vote. 141 HEARING, CASE NO, 001180 UNLAWFUL SIGN ON PREMISES 130 N. W. 92nd STREET OWNER: BORIS POLISSKY The violation of the Code was mistakenly identified., It should be Sec 501 (A2. (Not 504 051 (2)1. • • CODE ENFORCEMENT BOARD MEETING -6- 4/5/90 Mr. Wilsonintroduced the case. He stated there has been no change. Members reviewed photos he had taken of the violation. Mr. Taylor made a motion that there:is Finding of Fact that an. unlawful sign is being displayed in a vehicle. Conclusimn::.of Law, this is a violation of Sec 501 CAW, ordered that•Adninistrative fee of $110.00 be assessed and if the violation is not corrected in 30 days, a fine of $50.00 per day will become effective. The motion was seconded by 1r, LaBarre and passed unanimously. The meeting. adjourned at 8:45 P,M, Sry ret Approved. ce. Chairman, B2.chard C. angelo