06-07-1990 Regular Meeting•
•
Jhores9illage
F L O R ID A
CODE ENFORCEMENT BOARD MEETING
JUNE 71_, 1990
The Miami Shores Village Code Enforcement Board regular meeting was held
on June 7, 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: Barry K. Asmus, Chairman (arrived at 7:45 P.M.)
Richard Colangelo
Royal D. LaBarre
Owen. Henderson
Arthur H. Taylor
Absent: Charles Custin & John L. Stokesberry (Mr. Stokesberry - excused
absence - live TV CH 171
Also present: Frank LuBien, Director of Code Enforcement
Jack Wilson, Code Enforcement Inspector
Robert Rodriguez, Code Enforcement Inspector
1. MINUTES - May 3, 1990
The minutes of the meeting of May 3, 1990 were approved as distributed by
a motion made by Mr. Taylor, seconded by Mr. Henderson, and carried by
unanimous vote.
2. REQUEST FOR RELIEF, CASE NO. 1193
UNLAWFUL REAL ESTATE SIGN
1174 N. E. 105th ST
OWNER: HELEN SHIPPEE, 1400 N. E. 104th ST, Miami Shores
Ms. Helen Shippee was sworn in for her testimony in the case.
Mr. LuBien, Mr. Rodriguez, & Mr. Wilson also were sworn in.
Enclosed in Members packet was a letter from Ms. Shippee requesting this
appeal. Ms. Shippee stated she was out of town at the time certified
mail attempted delivery was made for the last Code Enforcement Board hearing
of May 3, 1990. She never received notice of the hearing. The violation
was corrected as soon as she knew a violation existed. She was present to
appeal the $110,00 Administrative fee.
Mr. Rodriguez noted she did not meet the compliance date, but the sign has
been removed.
Mr. Henderson moved to deny therequest, the motion was seconded by Mr. Taylor,
and passed 3/1 with Mr. Colangelo voting No.
Ms. Shippee indicated the house has been sold, the $110.00 }ins been placed
in escrow and will be paid very soon.
•
•
•
CODE ENFORCEMENT BOARD
3. NEARING, CASE NO. 001247
UNLAWFUL OCCUPANCY
25 N. E. 103rd ST
OWNER; PRESNER FLEURANTIN
-2- 6/7/90
Mr. Wilson presented the case, He noted be had received complaint from
the Village Managerts office, also there was a ''for rent" sign in
the window. Mr. Wilson informed Mr. Fleurantin that multiple families
could not live in the residence, Further he noted Mr. Fleurantin is
attempting to cooperate,
Mr. Fleurantin was sworn in. He said he has owned the house one year,
and was not aware that he could not rent.a portion out. Residing with
him are his wife's brother and his brother, both will be moving to their
own apartment very shortly.
Mr. Asmus.arrived at this time 7::45 P.M./
Mr. Henderson moved.for Finding of Fact a violation does exist, Conclusion
of Law this is a violation of Sec 12-211, if after 30 days the violation
isnot corrected there will be a fine of $25,00 per day levied. Mr, LaBarre
seconded the motion which passed by the following vote;
Mr. Taylor No
Mr. Henderson Yes
Mr.. LaBarre Yes
Mr. Asmus No
Mr. Colangelo Yes
Mr. Asmus explained the Board action. to Mr. Fleurantin.
4. HEARING, CASE NO. 001255
GENERAL UNSIGHTLINESS
101 N. W. 105th St.
OWNER: ANGELIQUE VILUS
Mr. Wilson presented the case,. He stated, hanging the clothes on the fence
is a recurring violation, and:there have been numerous complaints, The
violation was corrected as.of this date,
Marie Michelle was sworn in. She said she is the daughter of Angelique Vilus
who owns the house, but is out of the State, Marie Michelle stated she does
not hang the clothes on the fence, but that her roommate does this. In
response to query she noted the room mate is not related.
Mr. Colangelo moved for Finding. of Fact general unsightliness did exist,
Conclusion of_Law this is a violation.of 10-1,. ordered that ad Administrative
fee of $110.00: be assessed. The motion was seconded by -Mr. Henderson, and
passed by unanimous .roll call vote.
Mr. Asmus explained the. Board's action to. Marie Michelle.
5. HEARING, CASE NO. 001256
UNLAWFUL OUTDOORS USE
101 N. W. 105th ST.
OWNER: ANGELIQUE VILUS
CODE ENFORCEMENT BOARD
-3- 6/7/90
Wilson showed Members a picture:of the violationtaken yesterday,
There is improper installation of a washing machine &waste water running
on the ground.
Mr. Asmus explained the situation to Marie..Wehelle who indicated it is not
a washing machine, but a gas stove outside which,she needs to dispose of.
Nr. Wilson noted he did not go too close, but it looks like a washing machine
to him,
Following further:discussion, Mr.. Henderson. moved for'Finding of Fact and
Conclusion. of. Law there is a violation, ordered that a. $110.0.0..Adminiatrative
fee be assessed, and if the object is not removed in thirty days, a fine of
$25.00 per day becomes effective. Mr. Colangelo seconded the motion which
carried 4/1 with Mr. Taylor voting No.
Mr. Asmus explained the additional $110.00 Administrative fee, and the fine
which goes into effect in 30 days.
6. HEARING, CASE NO, 1311
OBSTRUCTIONS ON R/W
9325 N. BAYSHOBE.DRIVE
OWNER: FREDERIC I MANN
Mr. Rodriguez introduced the.case and showed pictures taken this A. M..
Mr. Mannis still not in compliance.
Mr. Mann was sworn in. He indicated he closed on..the property on March 15,
and visited the house one week in April. He went to New York and -prepared to
move down to Miami Shores. The pyramids must have been. there for years, they
were there when he looked at the house a year ago. He:did:not know of the
violationuntil today when he returned to the house. Mr. Mann _understands
the nature of the violation, but is curious why they werenPt cited before.
He can andwill remove them immediately if a violation exists, that is no
problem,
Mr, Colangelo moved.for Finding of Fact and Conclusion of Law the violation
to Sec 20-16 CO1 of the Miami Shores Village Code of Ordinances does exist,
ordered that a $25.:00 per day fine will be levied if the pyramids are not
removed in .30Ldays. The motion was seconded by Mr. Henderson, and passed
unanimously.
7. HEARING, CASE NO. 001229
UNSIGHTLY FASCIA;.: SOFFIT, HOUSE EXTERIOR
9826 NO. MIAMI AVE,
OWNER: JOSEPH J. MATHIEU
Mr. Wilson introduced and.presented:the case, he.showed pictures of the
violation. He stated token effort had. been, made to come into compliance,
but the violation is still not corrected.
Mr. Mathieu nor a representative was present.
Mr. Taylor moved for Finding of Fact mildew,peeling paint, broken fence,
and broken door on the sidewalk,', is a violation, Conclusion;. of Law these are
violations of Sec J2-.3.3. of.Miami ..Shores Code of. Ordinances, ordered that
Administrative fee of $110.0.0 be assessed, andif the violations are not
corrected in 30 days, a fine of $25.00 per day will become. effective. The
motion wasseconded by Nr. LaBarre and passed unanimously.
•
•
•
CODE ENFORCEMENT BOARD
-4- 6/7/90
8. REARING, CASE NO. 001252
COMMERCIAL VEHICLE IN RESIDENTIAL ZONE
68 N. W. 100th. St.
OWNER; HARRY KUZNARIK.
Mr. Wilson pulled:this case from the agenda stating, the commercial
vehicle was removed by the evening of May'21, 1990, the date the violation
was to be corrected,
9. HEARING, CASE NO. 0001231
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
141 N. W. 92nd St.
OWNER: YVONNE JEAN PAUL
Mr. Wilson showed pictures he took of the violation, he further indicated
there has been no change. Ms. Yvonne -Jean Paul had•until May 22, 1990 to
correct the violation which. was sent on April 24, 1990.
In spite of the fact:the certified receipt was signed and returned, no
one was present to represent her.
Mr. Henderson moved for Finding of Fact and -Conclusion .of Law a violation
does exist to Sec 12-133 of the Miami Shores Village Code of Ordinances,
ordered that there be a $110.00 Administrative fee 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 Mr. Taylor, and carried unanimously.
10. HEARING, CASE NO. 001268
OBSTRUCTIONS OF R/W
9300 N. BAYSHORE DRIVE
OWNER; DEBORAH &CHRISTOPHER POWELL
Mr. Rodriguez noted the pyramids have been removed
has been corrected.
as of today, the violation
Mr. Henderson moved to dismiss the case, seconded by Mr, Taylor and carried
unanimously.
11. REQUEST FOR RELIEF, CASE NO. 932
INOPERABLE VEHICLE
11040 N. W. 2nd AVE.
OWNER: DIANE L. BARTON:
VIOLATOR: R. K. SCHLERNITZAUER
Despite the fact there -was a letter in Members packet requesting relief, and
notice of this meeting was sent to both Diane Barton and Mr. Schlernitzauer
no one was present to -appeal the lase. No action was taken,
The meeting adjourned at 8;20 P.M.
ecrary
4/4-1,&
'