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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,& '