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11-01-1990 Regular Meeting• • CODE ENFORCEMENT BOARD REGULAR MEETING November 1, 1990 A regular meeting of the Miami Shores Village Code Enforcement Board was held on November 1, 1990 at 7:30 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 R. Asmus, Chairman Thomas J. Caldwell Daniel B. Owens John L. Stokesberry Arthur H. Taylor Absent: Richard A. Colangelo & Royal D. Labarre Also present: Frank LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson, Code Enforcement Inspector 1. MINUTES - October 4 1990 The minutes of the meeting of October 4, 1990 were approved, as distributed, by a motion made by Mr. Stokesberry,seconded by Mr. Taylor, and carried by unanimous vote. 2. HEARING, CASE NO 001487 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 969 N. E. 92nd STREET, OWNER: ADVENTINO 0. SILVA Mr. Silva was sworn in. Also sworn in were Mr. Wilson, Mr.Rodriguez and Mr. LuBien. The case was introduced by Mr. LuBien who noted there are three living units on the premises. The prohlem is the rear building which was made into two units. This is an old Building, before Miami Shores Village was incorporated. The two buildings on the 50' lot are non -conforming use, and the work was done by a previous owner. Mr. Silva feels he doesn!'t have to do anything as he stated these units were this way when he purchased the property. Mr. Rodriguez stated he had visited the site with Mr. LuBien and explained the situation to Mr. Silva. There were other violations at this address which were corrected. Also, he noted Mr. Silva refused to allow himself & Mr. LuBien to gain access to review the violation. Discussion continued concerning the violation. Mr. LuBien noted the build- ing is so old there are no plans in the Building department. Mr. Silva admitted to three units, but refused to remove the extra appliances from the rear mnit, which is unrented at this time. Mr. Stokesberry moved for Finding of Fact there is a violation, Condlusion of Law this is a violation to Sec 6,4.. Ordered that a $110..00 Administrative fee be assessed, and if the rear building is not restored to one living unit in 30 days, a fine of $50.00 per day will be assessed. The motion was seconded by Mr. Taylor, and passed by unanimous roll call vote. • Mr. LuBien explained to Mr. Silva an appeal would need to be registered with the Circuit Court Within thirty days. • • CODE ENFORCEMENT BOARD REGULAR MEETING -2- 11/1/90 3. HEARING, CASE NO. 001542 UNAUTHORIZED CONSTRITCTION/ALTERATIONS 42 N. W. 101st STREET OWNER: LUCIAN ELIE Johem Floreal, son of the owner was sworn in. His parents own the house and he lives there also. The case was introduced by Mr. LuBien, and presented by Mr. Wilson. Mr. Wilson showed Members photographs of the violation as he sees. it. There is some sort of construction going on without a permit and without inspections, but he is not aware just what it is. Johem Floreal stated, the house was purchased two months ago as a three bedroom, 2 bath house, the previous owner had begun construction for an addition, but abandoned work and no work has been done since the house was purchased. Discussion continued,. concerning what is being built, who is doing the work, and recourse against the previous owner. Also, why there had been no contact with. Miami Shores Village after the notice of violation was received. A motion was made. by Mr. Stokesberry for Finding of Fact and Conclusion of Law, the violation does exist. to Sec 6-4, ordered that an Administrative fee of $110.00 be assessed, and if the violation is not corrected within 30 days, a fine of $50.00 per day will go into effect. Mr. Taylor seconded the motion which passed with a unanimous roll call vote. Mr. Asmus explained the action of the Board to Johem Floreal. 4. HEARING, CASE NO. 001574 LACK OF OFF STREET PARKING 10650 N. E. 10th COURT, OWNER: SVEN ROSTAD This case was introduced by Mr. LuBien, and presented by Mr. Rodriguez. Members reviewed photographs of the violation showing the boat parked on the side without benefit of 10' side setback. Mr. Rostad.stated he has one car, 2 trucks, and one boat. The violation with the boat and one car are corrected. He pulled up a hedge in the rear, parked his trucks there, andstated they are securely hidden from view. Also he noted pearock was poured as a base on which to place the boat rather than pave the area. Mr. Rostad was advised by.Mr. LuBien that.no pearock.is allowed, 10' side setback must be provided, also off street parking. He cannot. get a variance. Discussion continued. CODE ENFORCEMENT BOARD REGULAR MEETING -3- 11/1/90 Mr. Taylor moved for Finding of Fact a violation does exist, Conclusion of Law this is a violation of the Schedule of Regulations, ordered that $110.00 Administrative fee be imposed, and if not corrected in 30 days, a fine of $25.00 per day become effective. Mr. Stokesberry seconded the motion, and it passed 4/1 with Mr. Asmus voting No. 5. HEARING, CASE NO. 001607 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 100 N. W. 100th TERRACE, OWNER: ROBERT PRESMY Mr. Presmy was sworn in. Mr. LuBien introduced the case which was presented by Mr. Wilson. Members reviewed photographs of the fence taken by Mr. Wilson, The fence is in excess of height limitation and no permit was pulled. Mr. Presmy noted it is his understanding no permit is required for work that cost less than $100.00. The 10' fence section cost him only $20.00. Mr. Taylor moved to table the case, and hear the other two cases, the motion was seconded by Mr.. Stokesberry and passed unanimously. 6. HEARING, CASE NO. 0001608 INOPERABLE VEHICLE ON PREMISES 100 N. W. 100th TERRACE OWNER: ROBERT PRESMY Mr. Wilson presented the case,stating, there are four vehicles parked on the premises, 2 of which are violations as inoperable vehicles. The Ford Tempo is still there, but the Mercury is gone, and another vehicle in its place. There is no place to park four vehicles. Mr. Presmy stated one of the vehicles belongs to his wife and has been inoperable for two weeks. He could not answer questions regarding plates for the two vehicles. Members reviewed photographs of the violation. Mr. Stokesberry moved for Finding of Fact a violation does exist, Conclusion of ]Law this is a violation of Sec 13-1, ordered that an Administrative dost of $110.00 be assessed, and if the violation is not corrected in 30 days, a fine of $25,00 per day will become effective. The notion was seconded by Mr. Taylor, and carried unanimously by roll call vote. 7. HEARING, CASE NO. 001609 GENERAL UNSIGHTLINESS 100 N. W. 100th TERR. OWNER: ROBERT PRESMY Mr. Wilson presented the case stating, the violation as noted on the Notice of Violation. Members reviewed photographs he had taken .of the violation. Mr. Presmy had nothing more to say, and left at this point. Mr. Stokesberry moved for Finding of Fact and conclusion of Law, the violation does exist to Sec 10-1 of Miami Shores Village Code, ordered that $110.00 Administrative cost be assessed, and $25.00 per day fine if the violation is not corrected in 30 days. The motion which was seconded by Mr. Taylor passed by unanimous roll call vote. CODE ENFORCEMENT BOARD REGULAR MEETING -4- 11/1/90 5. HEARING, CASE NO. 001607 110 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 100 N. W. 100th TERRACE OWNER: ROBERT PRESMY Mr. Stokesberry made a motion to remove this case from the table, seconded by Mr. Taylor, and passed unanimously. Mr. Taylor moved for Finding of Fact and -Conclusion of Law, the fence height is unlawful, a violation of Sec 6-4, ordered that an Administrative fee of $110.00 be assessed, and if the violation isnot corrected in 30 days a fine of $25.00 per day will become effective. The motion was seconded by Mr. Stokesberry, and passed by unanimous roll call vote. 8 & 9. HEARING, CASE NO. 001624 & CASE NO. 001625 LACK OF OFF STREET PARKING & GENERAL UNSIGHTLINESS 40_N.(E. 105th STREET OWNER: PIERRE BATAILLE Mr. Wilson noted both these violations have been corrected. Mr. Taylor moved to dismiss the cases, seconded by Mr. Stokesberry, and carried unanimously. 10: HEARING, CASE NO. 001641 GENERAL UNS IGHTL INES S 260 N. W. 112th TERRACE OWNER: PHILIP KATZMAN • Mr. Wilson presented this case stating, it is a recurring violation since 1984, and it must be stopped. Members reviewed photographs of the violation. Mr. Philip Katzman was not present. Mr. Stokesberry moved for Finding of Fact and Conclusion of Law this is a violation to Sec 10-1 of Miami Shores Village Code, ordered that $110.00 Administrative fee be imposed and $75.00 per day if the violation is not corrected in 30 days. The motion was seconded by Mr. Caldwell, and passed unanimously. The meeting adjourned at 8:35 P.M. 14r1 rt PY • Approved.