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05-03-1990 Regular Meeting• liami Jhorescilage R L OR ID A CODE ENFORCEMENT BOARD MEETING May 3, 1990 The 'Miami Shores' Tillage Code Enforcement Board regular meeting was held on May 3, 1990 at 7:30 P.M, at the 'Miami Shores Tillage Hall. The meeting was called to order by Chairman. Barry Asmus, with the following members present: Barry F., Asmus Richard Colangelo Charles Custin 'Royal D, LaBarre John L, Stokesberry Arthur H, Taylor Absent: Owen Henderson Also present: Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES April 5, 1990_ The minutes of the meeting. of April 5, 1990. were approved as distributed by a motion made by Mr, Taylor, seconded by Mr, LaBarre, and passed unanimously. 2. REQUEST FOR RELIEF, CASE NO. 000956 UNSIGHTLY FACIA, SOFFIT, HOUSE EXTERIOR 9901 N. E. 13th AVE OWNER: FELIX A. ESTRADA Enclosed in Members packet was a letter from Dr, Estrada requesting relief from previous action on the case, Dr. Estrada was sworn in. Mr. LuBien, Mr, Jack Wilson, and Mr. Rodriguez also were sworn in for their testimony for the evening. Mr. LuBien introduced the case, Dr. Estrada noted, he had just purchasedthe house which was vacant, He was in the process of doing extensive remodeling when the citation sent informed him of the $110.00 Administrative fee balance in this case, was received. Dr. Estrada stated he never received, the citation or notice of hearing as the house was unoccupied when these notices were sent. Mr. LuBien informed Members thereare no signed certified receipts in the file, violations noted have been corrected, and proper permits have been pulled. Extensive remodelingis being undertakeneat the above address. Mr. Stokesberry moved that the. Administrative fee unposed be waived due to extenuating circumstance, motion was seconded by Mr. Colangelo and passed by unanimous roll call vote, CODE ENFORCEMENT BOARD -2- 5/3/90 3. HEARING, CASE NO. 001118 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 842 N. E. 96th STREET OWNER: JOSE E. FERNANDEZ Mr. LuBien introduced the. case•whici was presented by Mr, Rodriguez. Mr. Rodriguez stated current inspection revealed violation continues to exist. Mr. Jose E. Fernandez was not present at the meeting. Mr. Colangelo made a motion for Finding of Fact the fence is damaged. Conclusion of. Law, this is a violation of Sec 12-133 of Miami Shores Village Code of Ordinances, ordered that $110.00 Administrative fee be assessed, and $25.00 per day if the permit is not obtained and fence re- paired in thirty days. Motion was seconded by Mr. Taylor and passed by unanimous roll call vote. 4. HEARING, CASE NO 001117 MAINTAINING A NUISANCE 842 N. E. 96th ST. OWNER: JOSE E. FERNANDEZ The case was introduced by Mr. LuBien, Mr. Rodriguez presented the case, stating that the pool isin deti.orable condition as cited on the notice of violation, Current inspection reveals the violation still is not corrected.' Mr. Fernandez did not attend the meeting. Nit. Colangelo moved for Finding of Fact and Conclusion of Law, a violation does exist to Sec 10-9 of Miami Shores 'village Code of Ordinances. Ordered that an Administrative fee of $110.00 be assessed, and if the pool is not cleaned up in thirty days, a fine of $50,00 per day will become effective. Mr. Taylor seconded the motion for discussion, There was discussion concerning the condition of the fence and dirty, cloudy water in the partially filled pool. Members were concerned about the health hazard whichexists, and wondered if something could be done to remedy the problem. Mr. LuBien assured Members he will look intothe situation on:_ Monday, The vote was called and the motion:passed by unanimous roll call vote. 5. HEARING, ,CASE NO., 001189 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 1030 N. E. 107th ST. OWNER: FRANK L. ZOCCHI Mr. LuBien introduced the case. Neither Mr, nor Mrs. Zocchi was present at the,meeting. Mr. LuBien explained that the house. is on a corner lotr,and faces the street, there is a.very definite violation as.to the placement of the basketball goal. Mrs. Zocchi called hi'm .to explain they are unable to, attend this meeting, and she requests time to apply for a variance, The notice was sent on March 3, for correction By April 4, 1990. No action has been taken, Mr. Colangelo moved for Finding of Fact a violation does exist, Conclusion of Law, this finding violates Sec 6-4 of Miami Shores Village Code of Ordinances. CODE ENFORCEMENT BOARD MEETING -3- 5/3/90 Ordered that an Administrative fee of $110.00 be assessed, and if the violation is not corrected in thirty days a fine of $35,00 per day will be levied. Motion was seconded by Mr. Taylor, stating that the 30 days should provide time to apply for a variance. The motion carried by a unanimous roll call vote, 6t HEARING, CASE NO, 001175 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 1059 N. E. 104th ST, OWNER: WILLIAM L. MC CAITSLAND Mr. LuBien introduced the case. Mr. McCausland was not present at the meeting. l'r. Rodriguez presented the case stating, Mr. McCausland flagrantly continues to violate the code, he just doesn;t adhere to the rules. Todays inspection revealed the violationof commercial vehicle parked in the residential zone continues. This is an exterminators Toyota. Mr. Taylor moved for Finding of Fact and Conclusion of Law, the commercial vehicle parked in a residential area, is a violation to the Schedule of Regulations 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 $50.00 per day will go into effect. Mr. Stokesberry seconded the motion which passed by unanimous roll call vote. 7. HEARING, CASE NO, 001193 UNLAWFUL SIGN. ON PREMISES 1174 N. E, 105th. ST OWNER: HELEN SHIPPEE Mr. LuBien introduced the. case, It was presented by Mr.1_ Rodriguez who noted that inspection on April 12, 1990 revealed the violation continues to exist. Mr. LaBarre moved for Finding of Fact a violation does exist. Conclusion of. Law the section of the Miami Shores Village Code of Ordinances being. viol4tedt.: is Sec 504 (b) (2). 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. The motion carried by unanimous roll call vote. 8. HEARING,CASE NO. 001210 OVERGROWN FOILAGE 517 N. E. 91st ST. OWNER: K. E. NARBIN & D. C. MILLS The case was introduced by Mr, LuBien, Mr, Rodriguez presented the case stating, the violation should have been corrected on April 19, 1990, but inspection by him on April 20, 1990 determined there has been no change. Neither K. E. Narbin nor D. C. Mills was present at the -meeting. • CODE ENFORCEMENT BOARD -4- 5/3/90 Mr. Stokesberry moved for Finding of Fact, the vegetation growing onto public right of way is a iiolation, Conclusion of Law, this is a violation of 518 Sec 10-1 of Miami Shores Village Code of Ordinances, ordered that an Administrative fee of $110.00 is assessed and if the violation is not corrected in thirty days, a fine of $35.00 per day will become effective. The motion was seconded by Mr. LuBien and carried un muously. 9. HEARING, CASE NO. 001209 OVERGROWN FOILAGE 574 N. E. 96th STREET OWNER: JOHN HUNTINGTON EVANTS Mr. LuBien introduced the case. The case was presented by Mr. Rodriguez who stated his inspection on April 20, 1990 revealed. the violation has still not been corrected. The violation was sent on April 4, 1990 for a correction date of April 19, 1990. Mr. Colangelo moved for Finding of Fact the violation (vegetation on neighbors property and public right of way) does exist. Conclusion of Law, this is a violation of 518, Sec 10-1 of Miami Shores Village Code of Ordinances, ordered that a $110.00 Administrative fee be assessed, and if the violation is not corrected in thirty days, a fine of $25,00 per day will be levied. The motion was seconded by Mr. Taylor, and passed by unanimous vote. 10. HEARING, CASE NO. 001213 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 1059 N. E. 104th STREET OWNER: WILLIAM L. MC CAUSLAND The case was introduced by Mr. LuBien. Mr. Rodriguez presented the case stating, that as of April 12, 1990 inspec- tion revealed that Mr, McCausland was still not in compliance. He further noted the nature of the commercial vehicle parked at the residence is a kettle of the type used for roofing purposes. In the previouscase this evening Mr. McCausland was cited and assessed for a truck kept at the premises. Mr. McCausland was present and denied Mr. Rodriguez's accusations. He stated he did not know the kettle kept at his property is a violation, besides it was there only a couple of days, for security reasons. The truck he was cited for earlier is his personal vehicle. Further, Mr. McCausland stated he had never received notices of violation of this hearing, He continued to insist he had a friend coming to attest on his behalf. Members reviewed the pictures taken by Mr. Rodriguez of the violations, he also noted that the certified receipts which were returned were signed, Mr. McCausland did verify his wife's signature on the notices which were returned on 12/13/89. Mr. Asmus explained the violation to Mr. 1 cCausland,.his. option to correct same, There was discussion concerning reopening Case 11175 and hearing it with this case. Mr. McCausland was assured. he is not being sigpaldd out. or being harressed, he knows the rules and should abide by thein. CODE ENFORCEMENT BOARD -5- 5/3/90 Mr. LaBarre moved for Finding of Fact the commercial equipment kept at the residence is a violation. Condlusion of Law, this is a violation of the Schedule of Regulations of Miami Shores Village Code of Ordinances. Ordered that $110.00 Administrative fee be assessed, and if the kettle is ever observed on the property again there will be a $50.00 per day fine. Mr. Custin seconded the motion. Again Mr, McCausland was admonished for flagrant violation of the code, the kettle had been on the property for at least 23 days. He is not being unnecessarily harrassed. Members concurred he should comply, and was given every opportunity to do so. Mr. Asmus again explained the violation to Mr. McCausland, what he must do to comply, and the action of the Board. The vote was called and the motion passed by the following roll call vote: Mr. Taylor No Mr. Colangelo Yes Mr. Stokesberry Yes Mr. LaBarre Yes Mr. Custin Yes Mr. Asmus Yes 11. HEARING,: CASE NO. 001218 INOPERABLE VEHICLE ON PREMISES 36 N. E. 101st STREET OWNER: CARMEN A. ALBALADEJO This case was introduced by Mr. LuBien, Mr. Wilson noted that as of inspection on May 3, 1990 (this morning), the violation still had not been corrected. The red inoperable vehicle, illegally parked, was moved from the front to the rear yard, and now is beingrestored on the premises. No representative attended the meeting. Mr. Taylor moved for. Finding of Fact. and Conclusion of Law, the stored, inoperable vehicle is a violation of Sec 13.1 of Miami: Shores Village Code of Ordinances, ordered that a $110.00 Administrative fee is assessed, and $25,00 per day fine will be levied if not corrected in thirty days. The motion was seconded by Nr. Colangelo, and passed. unanimously;. 12. HEARING, CASE NO 001215 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 9136 North Miami Avenue OWNER: JOSEPH CARLO BIEN AIME Mr, LuBien introduced the case. He stated Mr. Bien Aixne was -observed painting without a permit and was cited, he subsequently did obtain a permit, He recommended the case be dismissed. Mr. Wilson presented the case stating Mr. Bien Aims had been previously cited, but has been working feverishly to come into compliance on all counts. The yard is ok, vehicles have been moved, the whole house has been steam cleaned. He is making a real effort to comply, and certainly cannot afford an Administrative fee or fine. CODE ENFORCEMENT BOARD -6- 5/3/90 There was considerable discussion concerning financial hardship, importance of compliance by the date specified, and responsibility of each Member. Mr. Taylor moved .for Finding of Fact, a violation does exist, Conclusion of Law, this violates Sec 6-4 of Miami Shores'Village Code of Ordinances, ordered that $110.00 Administrative fee be assessed, and $25.00 per day levied if the violation is not corrected in thirty days. The motion was seconded by 1ft. Colangelo and failedby the following roll call vote: Mr. Taylor No Mr. LaBarre No Mr. Colangelo No Mr. Custin No Mr. Stokesberry Yes Mr. Asmus Yes Nr. Colangelo moved. to continue, the case for thirty days, Mr. Taylor seconded the motion. It failed.by the following roll call vote: Mr. Taylor Yes Mr. LaBarre No Mr. Colangelo Yes Mr. Custin Yes Mr. Stokesberry No Mr. Asmus No Following continued discussion, Mr. Custin moved for Finding of Fact and Conclusion of Law that the violation does exist to Sec 6-4 of Miami Shores Village Code of Ordinances, ordered that if the violations are not correctedafter. thirty days Mr.. Bien Aime will be assessed a $110.00 Administrative fee, and a fine of $10.00 per day. The motion was seconded by Mr. LaBarre, and carried by the following roll call vote; :Mr. Taylor No Mr. Colangelo Yes Mr. Stokesberry Yes Mr. LaBarre Yes Mr. Custin Yes Mr. Asmus Yes The meeting was adjourned at 8:40 P.M.. .04' (z 7ecre /: ry •