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10-04-1990 Regular Meeting• CODE ENFORCEMENT BOARD MEETING October 4, 1990 A regular meeting of the. Miami Shores Village Code Enforcement Board was held on October 4, 1990 at 7:35 P.M. at the Miami Shores 'Village Hall, The meeting was called to order by Chairman, Mr. Barry Asmus, with the following members present: Barry K. Asmus, Chairman Thomas J. Caldwell Richard A. Colangelo Royal D. LaBarre Daniel B. Owens Arthur H. Taylor Absent: John L. Stokesberry Also present: Frank LuBien, Director of :Cede Enforcement Robert Rodriguez, Code. Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES - September 6 1990. The minutes of the meeting, of September 6, 1990 were approved, as distributed, by a motion made by Mr..Taylor, seconded by Mrr. LaBarre, and passed by a unanimous vote. 2. REQUEST FOR RELIEF CASE NO. 001162 AND NO. 001163 COMMERCIAL VEHICLE AND LACK .OF OFF STREET PARKING 67 N. W. 92nd STREET, OWNER: ANTONIO PERDOMO Mr. LuBien,..14t1, Rodriguez, and Mr.. Wilson were sworn in for testimony of the evening. Mr. Henry Perdomo was sworn in to give testimony and interpret for his father Antonio Perdomo, Mr. LuBien introduced.the case stating the fine in Case No, 001162 has accumulated to $6,710.00. Mr. Wilson presented the case, as Members reviewed photographs of the illegal comme±tial vehicle parked. at the residence. Mr. Wilson further 'stated there is no violation at this times. Much discussion ensued the pictures taken were disputed, and the situation was ongoing. Mr. Taylor moved to keep the $6,710.00 as is, seconded by Mr. LaBarre. The motion failed by the following roll call vote: Mr. Caldwell No, Mr. Taylor Yes Mr. Colangelo No Mr. LaBarre Yes Mr. Owens No Mr. Asmus No Discussion concerning relief being warranted occured. Mr. LuBien noted the fine had been terminated a month or so ago, Discussion continued. Mr. Colangelo moved to keep the Administrative fee of $110..00 and reduce the fine to $1,000.000 The motion was seconded by Mr. Caldwell, and passed by the following roll call vote: Mr. Caldwell Yes Mr.. Taylor No Mr. Colangelo Yes Mr. LaBarre Yes Mr. Owens Yes Mr. Asmus Yes • • • CODE ENFORCEMENT BOARD MEETING -2- 10/4/90 CASE NO. 001163 Mr. LuBien introduced the Case No 001163 which was presented by Mr. Wilson. Members reviewed pictures of the violation. Henry Perdomo said he owns the trucks, but was not aware that they are a violation. Discussion continued on the issue. Mr. Colangelo moved that the $110.00 Administrative fee remain, and that the fine be reduced to $500.00. Mr, Caldwell seconded the motion which passed with the following roll call vote: Mr. Caldwell Yes Mr. Taylor No Mr. Colangelo Yes Mr. LaBarre Yes Mr. Owens Yes Mr. Asmus Yes. Any further avenue of relief for Mr. Perdomo was outlined by Mr. Asmus. REQUEST FOR RELIEF CASE NO. 001472 RECREATIONAL VEHICLE UNLAWFULLY PARKED 930 N. E. 96th STREET OWNER: GEORGE M. EVANS Mr. Evans was sworn in. Mr. LuBien introduced the case. Mr. Rodriguez presented the facts as follow; as of 8/10/90 the violation was not corrected though it should have been. Members reviewed photographs of the motor home parked at the residence. Mr. Evans stated he does not own the motor home, but rents it several times per year. to take his family on trips. It may be parked in the driveway as many as 20 - 25 days for repair and loading. Discussion continued concern- ing the ongoing violation. Mr. Evans disputed the $110.00 Administrative fee. Mr.. Colangelo made a motion that the violation has been ongoing for about six years and the 24_.hour removal, time was a means to get thru to Mr. Evans. The Village of Miami Shores deserves compensation for 'bringing the case thus far, further the relief of $110.00 Administrative fee be denied. The motion was seconded by Mr. Taylor and passed by a 5/0 roll call vote. Mr. Caldwell abstained, he knows Mr. Evans. Much discussion continued between Mr. Asmus and Mr. Evans. Mr. LuBien in- formed -Mr. Evans that he might obtain relief from the Circuit Court. 3. HEARING CASE NO. 001456 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 334 N. E. 102nd STREET OWNER: CESAR A. JOFRE Mr. Jofre was sworn in. The case was introduced by Ni. LuBien, • • • CODE ENFORCEMENT BOARD MEETING '-3- 10/4/90 The case was presented by Mr. Rodriguez who stated the exterior is still unsightly. A permit has been pulled, and same efforts_have been made. ,Members reviewed photographs of the violation. Mx. .Jofre stated, funds have been very limited. His father has offered to help him financially to correct the violation, The weekend weather has also been bad, but he is making efforts to get the work finished. Following discussion, Mr. Colangelo moved that there shall be no Adminis- trative fee, at this time, but if the violation is not corrected in 30 days an Administrative fee of $110.00 will kick in along with a fine of $25.00 per day. Mr. LaBarre seconded the motion which passed unanimously by a roll call vote. Mr. Asmus instructed Mr. Jofre regarding action taken by Members, 4. HEARING, CASE NO. 001503 HEDGE/FENCE BEYOND HEIGHT LIlMITATMONS 1270 N. E. 103rd STREET OWNER: CHRISTINA:IBELL Mr. LuBien introducedthe case which was presented by Mr. Rodriguez. The violation was to be corrected as of September 12, 1990, but was still not in compliance as of 9/13/90. Members reviewed pictured. Ms. Bell was sworn in. She disputed what the ordinance states and her definition. She does not feel her vine constitutes a hedge, and wants to keep the vine. Discussion continued concerning the violation, and Ms. Bell's other attempts to came into compliance. Mr. Colangelo moved for Finding of Fact, and Conclusion of Law the violation does exist to Sec 518(A), the vine should:be cut back, ordered that $110.00 Administrative 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. LaBarre and passed by unanimous roll call vote. 5. HEARING, CASE NO. 001513 VEGETATION ON PUBLIC WAYS 900 N. E. 97th STREET OWNER; HERNANDO & SILVIA DE PINERES TENANT: HERNANDO DE PINERAS Mr. LuBien introduced the case. Mr. Rodriguez presented the facts. Mr. DePineras was sworn in. He stated, he has lived in the Village for 10 years and has never been asked to cut tree branches from trees in the right of way. He understands his responsibility and will maintain hereafter. Mr. Colangelo moved to dismiss the case, seconded. by Mr. LaBarre, and passed by unanimous roll call vote. CODE ENFORCEMENT BOARD MEETING -4- 10/4/90 6. HEARING, CASE NO, 001515 GENERAL UNSIGHTLINESS 9999--N. E. 2nd AVE. OWNER: SHOREVIEW BUILDING The case was introduced by Mr. LuBien and presented by Mr. Rodriguez. Mr. Rodriguez stated the violation is not fully corrected.. Pictures were reviewed by Members. Mr. Gonzalez was sworn in and stated he was hired two days ago as a mainten- ance person for the Shoreview Building. He stated further, he does want to meet with Mr. Rodriguez to find out exactly what has to be done to correct the violations on the property. Mr. Colangelo objected to hearing the case without proper representation fronthe owner of the Shoreview Building. Mr. LaBarre made a motion for Finding of Fact the violation does exist, Conclusion of Law, this is a violation of Sec 10-1. of Miami Shores Village Code, ordered that $110.00 Administrative fee be levied and if not in com- pliance in 30 days a fine of $25.00 per day will be effective. The motion was seconded by Nr. Taylor. Mr. Colangelo offered an amendment to the motion for a fine of $100.00 per day after thirty days. Mr. LaBarre accepted the amendment which was rejected by Mr. Taylor. It was then seconded by Mr. Colangelo. The final motion failed by the following roll call vote; and the case closed. Mr. Caldwell No Mr. Taylor No Mr. Colangelo Yes Mr. LaBarre Yes Mr. Owens No Mr. Asmus Yes 7. HEARING, CASE NO. 001537 FAILURE TO MAINTAIN PARKWAY 269 N. E. 103rd STREET OWNER: REYNALDO DEL PESCHIO Mr. LuBien introduced the case. It was presented by Mr. Rodriguez. Members reviewed photographs of the violation. Sandy Del Peschio was sworn in to speak for her mother. She also lives in the house. She stated her mother is making an effort to comply, but grass will not grow under the tree. The car belongs to an uncle who is visiting. In discussion it was suggested sod be planted and watered in the area. Mr. LaBarre moved for Finding of Fact and Conclusion of Law there is a violation to Sec 20-17 of Miami Shores Village Code, ordered an Administrative fee of $110.00 be levied and if not in compliance in 30 days a fine of $25.00 per day will go into effect. The motion was seconded by Mr. Taylor and carried by unanimous roll call vote. 8. HEARING, CASE NO. 001533 INOPERABLE VEHICLE ON PREMISES 712 N. E. 95th.STREET OWNER: TED,KRETZSCHMAR/ JOHN PRENDERGAST Mr. LuBien introduced the case which was presented by Mr. Rodriguez. • • • CODE ENFORCEMENT BOARD MEETING -5- 10/4/90 Mr. John Prendergast was sworn in. He stated he is the current owner of the property, the violation is addressed in the wrong name because he has not changed it over. He stated he removed the tag from the vehicle because of numerous auto thefts. Further, he stated the truck has been removed and and the onevehicle is a friends car. Mr. Colangelo moved for Finding of Fact & Conclusion of.Law.a violation exists to Sec 13-1, ordered that. $110.00 Administrative fee be assessed and if not corrected in 30 days. a fine of $25.00 per day will become effective. Mr. LaBarre seconded the motion which passed by unanimous roll call vote. 9. HEARING, CASE NO. 001544 INOPERABLE VEHICLE ON PREMISES 925 N. E. 92nd STREET OWNER: JOSE F. ALVAREZ-ALFONSO The case was introduced by Mr. LuBien. Mr. Rodriguez presented the case, stating todays inspection revealed the vehicle is still on the premises. Mrs. Elite Masciovecchio was sworn in. She stated she is co owner of the house and wife of. Jose Alvarez -Alfonso. Further, she stated the person- alized plate had been cut in half and a new plate applied for, this takes about 60 days to receive. She noted the vehicle works, is not reliable, and has incomplete tag. There was much discussion about this being a repeat violation. The validity of the PRESS tag and the vehicle being inoperable. Mr. Colangelo moved for Finding of Fact a violation does exist. Conclusion of Law this is a violation of Sec 13-1, 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 become effective. The motion was seconded by Mr. Taylor and carried by unanimous roll call vote. 10. HEARING, CASE NO. 001557 HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 10611 N. E. 10th COURT OWNER: ALIX ARMAND Mr. Armand was sworn in. Mr. LuBien introduced the case. Mr. Rodriguez presented the facts stating, the fence at 6' high is still in violation. Members reviewed photos taken by Mr. Rodriguez of the violation. Mr. Armand stated a permit had been obtained for a 5' high fence. The 6' fence was installed for privacy and t:o<:.cut it back to 5' high would cause him financial hardship. Mr. LuBien stated the other 6' high fence in Miami. Shores received a special variance to house Gator, a Miami. Shores Village Police dog. Mr. Armand has had ample time to seek outside Administrative relief. Mr. LaBarr oved for Finding of Fact and Conclusion of Law a violation exists to Sec 518,A,), ordered that $110.00 Administrative fee be assessed, and if the fence is not brought into compliance in 30 days, a fine of $50.00 per day will become effective. The motion passed by a unanimous roll call vote. • • CODE ENFORCEMENT BOARD MEETING -6- 10/4/90 11. HEARING, CASE NO. 001559 INOPERABLE VEHICLE ON PREMISES 100 N. E. 101st STREET OWNER; NICHOLAS R. TRUMAN Mr. LuBien introduced the case Nr, Wilson presented the facts, He stated the vehicle has been removed, Mr. Friedman was sworn in. He noted the 1957 Chevy has been removed. He is getting it retagged, and the insurance is in force. Mr. Colangelo stating, Mr. Friedman being a real patron and benefactor of the Village, and since he is now in compliance, the case be dismissed, Mr. Taylor):seconded the motion which passed 5/1 with Mr. Owens dissenting. 12. HEARING, CASE NO. 001564 HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 795 N. E. 95th STREET OWNER: SCHEFFEL H. WRIGHT The case was introduced by Mr. LuBien. Mr. Rodriguez presented the facts, He saw lawn people working there today, but the violation is not corrected, Mr. Colangelo moved for Finding of Fact and Conclusion of Law the violation does exist to 518(A), ordered an Administrative fee of $110,00 be levied, and if compliance is not net in 30 days, a fine of $25.00 per day will go into effect. The motion was seconded by Mr. LaBarre and carried unanimously, 13. HEARING, CASE NO. 001567 INOPERABLE VEHICLE ON PREMISES 52 N. W. 111th STREET OWNER: WILLIE MAE SAPP TENANT: WILLIE MAE SAPP The case was introduced by Mr. LuBien. Members reviewed pictures taken gull presented by Nr. Wilson who stated, this is an ongoing case. Mr. LaBarre moved for Finding, of Fact a violation does exist, Conclusion of Law this is a violation to Sec 13-1 of Miami Shores Village Code of Ordinance, ordered that $110.00 Administrative fee be assessed and $100,00 per day fine if not corrected in 30 days. Nr.. Colangelo seconded the motion which passed unanimously. 14. HEARING, CASE NO. 001534 MAINTAINING A NUISANCE 301 N. E. 96th STREET OWNER: STANDARD FEDERAL SAVINGS BANK Mr. LuBien introduced the case. Mr. Rodriguez showed Members pictures of the violation he took, and presented the facts stating, as of today the violation continues to exist, No representative from the Bank was present, in spite of the fact that they had signed for a copy of the notice of violation which was sent by certified mail. • • • CODE ENFORCEMENT BOARD MEETING -7- 10/4/90 Mr. Colangelo moved for Finding of Fact and Conclusion of Law a violation exists to 10-9 of the code, ordered that an Administrative fee of $110.00 be assessed, and $250 per day after 30 days if the violation is not corrected, The motion was seconded by Mr. LaBarre. An amendment made by Mr. Taylor to reduce the fine to $100.00 per day after 30 days was accepted by :Mr. LaBarre and Mr. Colangelo, and the.motion carried 5/1. Mr. Owens voted No. 15. HEARING,_: CASE NO. .1536 OVERGROWN FOILAGE 301 N. E. 96th STREET OWNER: STANDARD FEDERAL SAVINGS BANK Mr. Rodriguez passed around pictures he had taken of the violation. Mr. LaBarre moved for Finding of:Fact & Conclusion. of Law a violation exists to Sec 518 and 10-1 of the Miami Shores Village Code of Ordinances. Ordered that $110.00 Administrative fee be levied and if. the.violations are not in compliance in 30 days, a fine of $50.00 per day goes into effect. Mr. Taylor seconded the motion which carried unanimously. 16. HEARING, CASE NO. 001555 MAINTAINING A NUISANCE. 802 N. E. 100th STREET OWNER, ROBERT H. BENSON The case was introduced by Mr. LuBien. Mr. Rodriguez presented the facts, and stated:-to.day.inspection revealed, the violation is still not corrected. Mr. Taylor moved for Finding of Fact the violation does exist, Conclusion of Law this is a violation to Sec 10-9, ordered that $110.00 Administrative cost be assessed, andif not corrected in .30 days a fine of $50.00 per day will be levied. The motion was seconded by Mr. LaBarre and carried by unanimous vote. 17. ELECTION OF NEW OFFICERS CHAIRMAN: Mr. Colangelo nominated Mr. Asmus for Chairman, seconded by Mr. LaBarre, and Mr. Asmus was unanimously elected. VICE CHAIRMAN: Mr. Asmus nominate& Mr.. Richard Colangelo, seconded by Mr. LaBarre, and Mr.. Colangelo was elected Vice Chairman unanimously. The meeting adjourned at 9:45 P.M. 42/ ®,;:a} cre ry