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09-06-1990 Regular Meeting• • • CODE ENFORCEMENT BOARD MEETING SEPTEMBER 6, 1990 The regualr meeting of the Miami Shores. Village Code Enforcement Board was held on September 6, 1990 at 7:30 P.M. at the Miami Shores Village Hall. The meeting was called to order by Chairman, Mr. Asmus, with the following members present: Barry K. Asmus, Chairman Richard A. Colangelo Charles M. Custin Owen Henderson III John L. Stokesberry Arthur H. Taylor Absent: Royal D. LaBarre & Frank LuBien, Dir. of Code Enforcement Also present: Jack Wilson, Code Enforcement Inspector Robert Rodriguez, Code Enforcement Inspector 1. MINUTES - August 2, 1990 Mr. Taylor moved to approve, as distributed, the minutes of August 2, 1990, seconded by Mr. Colangelo, and carried unanimously. 2. REQUEST FOR RELIEF, CASE NO. 001118 ON THIS AGENDA AT THE REQUEST OF JOHN STOKESBERRY 842 N. E. 96th ST., OWNER;JOSE E. FERNANDEZ Mr. Fernandez was sworn in, as were Mr. Wilson & Mr. Rodriguez. Mr. Stokesberry reviewed the events and circumstanceof the case, and explained his reasons for requesting this be on this agenda. He explained this is not a punitive Board and the main purpose is to obtain compliance with the code. Mr. Fernandez had made numerous improvements since he purchased the property. Mr. Fernandez appealed for relief of the accunnlated.fine. Much discussion followed concerning dates, accumulated fine) violations have been corrected. Mr. Henderson moved to waive the fines Wad leave the $110..00 Administrative fee stand, seconded by Mr. Stokesberry , and carried by a 5/1 roll call vote. Mr. Taylor voted no. 3. HEARING, CASE NO. 001444 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 10025 BISCAYNE BLVD., OWNER: DAN BARRIE Mr. Barrie was sworn in, Mr. Rodriguez indicated there had been dumping on the vacant lot without a permit, also the dumped dirt was not graded, The citation was issued as a result of a complaint. Mr. Barrie stated the vacant lot was graded by the correctiondate of 8/15/90. Mr. Stokesberry moved to dismiss the case, seconded by Mr. Hendersonp and passed unanimously by a roll call vote. CODE ENFORCEMENT BOARD MTG -2- 9/6/90 4. HEARING, CASE NO. 001448. UNAUTHORIZED CONSTRUCTION/ALTERATIONS 145 N. W. 95th STREET OWNER: MICHAEL ALEXANDER ELVIS Mr. Elvis was sworn in. Mr. Wilson explained there is a double fence which is not allowed, also one fence is in excess of the 5' maximum. Mr. Elvis does not live at this residence. Members reviewed photographs of the violation. Mr. Elvis noted the tenants rent with the option to buy. He was not aware of the violation, but is willing to correct the violation as soon as possible. Dawn Thomas, part owner of the property, and fiancee to Mr. Elvis, after being sworn in, stated they will find. out who the one fence belongs to and get the violation corrected. Mr. Henderson moved that if the violation isnot corrected in thirty days a fine of $25.00 per day will become effective, seconded by- Mr. Stokesberry, the motion carried unanimously by roll call vote. 5. HEARING,.CASE NO. 001449 LACK OF OFF STREET PARKING 145 N. W.. 95th STREET OWNER:, MICHAEL .ALEXANDER ELVIS The case was presented by Mr. Wilson, who indicated there were too many cars parked at the house. Members reviewed photos. • Mr. Elvis noted the owner has only 3. cars, and sometime there are visitors. The problem was clearly explained to Mr. Elvis. He was told that one car could be placed in the garage, and as the owner of the house he is the. responsible party. A motion was made by r. Stokesberry for Finding,of Fact and Conclusion of Law the violation does.exist to the Schedule of Regulations. Ordered that $110.00 Administrative fee be assessed and if the car-parkingsituation is notcorrected in thirty days, a fine of $50.00 per day will become effective. The motion was seconded by Mr. Taylor, and carried by unanimous:roll call vote. Nr. Asmus explained the Boards action. 6. HEARING, CASE NO. 001461 IMPROPER STORAGE OF RUBBISH, GARBAGE, ETC. 561 N. E. 101st STREET OWNER: DELBERT H. NOEL Mr. Noel was sworn in. Members reviewed photographs of the violation.:as Mr. Rodriguez outlined the violation to Sec 12-104. Mr. Noel had come before the.Board.before for the same unsightly and unsanitary condition on the premises:. Mr. Rodrigues gave a summary of the trash stored on the premises. Mr. Noel explained that two of the garbage cans are filled with sea shells, other items are collected for children and other people & organizations. • • • CODE ENFORCEMENT BOARD -3- 9/6/90 Following much discussion, a motion. was made by Mr. Stokesberry for Finding of Fact and Conclusion of Law a violation .does exist. to Sec 12-104 of Miami Shores Village Code of Ordinance, ordered that an Administrative fee of $110.00 be assessed and if the place is not cleaned up in 30 days a fine of $25.00 per day will become effective, Mr. Colangelo seconded the motion which passed by the following roll call vote: Arthur H. Taylor Richard A. Colangelo OwenHenderson John L. Stokesberry Charles M. Custin Barry K. Asmus, Yes Yes Yes Yes Yes Abstain (Jr. Asmus has been a neighbor of Mr. Noel for 19 yrs.) 7. HEARING, CASE NO. 001462 VEGETATION ON PUBLIC WAYS 561 N. E. 101st STREET OWNER: DELBERT H. NOEL Mr. Rodriguez noted the front of the house is still not in compliance, though a little work has been done, Mr. Noel needs to edge, clean up foilage and cut the grass. Mr. Noel indicated he can have this elean up Mr. Henderson moved that if the public right 30 days a fine of $25.00 per day will become seconded the motion which passed unanimously. 8. HEARING, CASE NO 001468 GENERAL UNSIGHTLINESS 286 N. E. 99th STREET OWNER: M. STANLEY MORGAN done in a day. of way is not cleaned up in effective. Mr. Colangelo Mr. Morgan was sworn in. Members reviewed photographs, as Mr. Rodriguez presented the case. Mr. 'Morgan stated the garden; in his front yard is a hobby' and. he did not know this was not allowed. Mr. Morgan, will remove the strawberry plants to the back yard. Following other discussion, Mr. Custin moved for Finding of Fact and Conclusion of Law, a violation does.exist to Sec 10-1, order a $25,00 per day fine will become effective if the violation is not corrected in 30 days. Mr.. Taylor seconded the motionwhich passed by unanimous roll call vote. 9. HEARTNG,•CASE'NO. 001469 UNAUTHORIZED STORAGE OF MATERIALS 286 N. E. 99th STREET OWNER: L STANLEY MORGAN Mr. 'Rodriguez presented the case,.. as Members reviewed photographs. These were taken on the property and up close. Mr. Morgan stated the material stored_is firewood which has been in place & covered since 1975. It is used when needed. • • • CODE ENFORCEMENT BOARD -4- 9/6/90 There was discussion concerning the complaint and alternate plans to store the firewood. Mr. Taylor moved to dismiss the case, seconded. by Mr. Henderson, the motion passed by a roll call vote of 5/1 with Mr. MMus voting no. 10. HEARING,CASE NO. 001486 FAILURE TO OBTAIN OCCUPATIONAL LICENSE 969 N. E. 92nd STREET OWNER: ADVENTINO 0 SILVA Mr. Silva was sworn in. Mr. Rodriguez introduced the case stating that Mr. Silva obtained the Occupational License for his rental property on September 31, 1990, his correction date was 8/30/90. Mr. Stokesberry moved to dismiss the case., seconded by Mr. Taylor, and carried unanimously. Mr. Taylor was excused at this time (9:00 P.M.). 11. HEARING, CASE NO. 001400 C0 MERCIAL VEHICLE IN RESIDENTIAL ZONE 1286 N. E. 104th STREET OWNER: JOSEPH D. PASTERIS Mr. Rodriguez presented the case,.,stating the violation is corrected, the van lettering has been painted. Mr. Henderson moved for Finding of Fact the violation did exist to the Schedule of Regulations, ordered that there be a.$110.00 Administration fee assessed. The motion was seconded by Mr. Custin & passed unanimously. 12. HEARING., CASE NO. 001445 GENERAL UNSIGHTLINESS 830 N. E. 92nd STREET OWNER: STASHIA SOLTIS TENANT: OCCUPANT Mr. Rodriguez noted this case is on the agenda in error, it had been given to Public Works for clean up. 13. HEARING, CASE NO. 001464 VEGETATION ON PUBLIC WAYS 893 N. E. 96th STREET OWNER: PHILLIP S. DAVIS Mr. Rodriguez noted small attempts had been made at compliance, but photo- graphs reviewed by Members indicated as of today the violation still exists. Mr. Colangelo moved for Finding of Fact the violation exists, Conclusion of Law this is a violation of Sec 10-10, ordered that. $110.00 Administrative fee be assessed and if the violation is not corrected in 30 days a fine of $40.00 per day will become effective. Mr. Henderson seconded the motion whichpassed unanimously. • • • CODE ENFORCEMENT BOARD -5- 9/6/90 14. HEARING, CASE NO. 001472 RECREATIONVEHICLE ©N PREMISES 930 N. E. 96th STREET OWNER: GEORGE M. EVANS Mr. Rodriguez noted this recreational. vehicle. is in excess of 20' in length. It is moved and then returned,. it seems to be an ongoing violation. The compliance date of August 8, 1990 was missed. Mr. Colangelo moved.. for. Finding of Fact and Conclusion of Law, the violation did exist, ordered that an'Administrative fee of $110.00 be assessed, and should the vehicle return in 30 days a fine of $50.00 per day becomes effective. Mr. Stolaesberry seconded the motion which passed unanimously. The meeting adjourned at 9:15.P.M.