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12-06-1990 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR. MEETING December 6, 1990 A regular meeting of the Miami Shores Village Code Enforcement Board was held on December 6, 1990 at 7:35 P.M. at the Miami Shores_ Village Hall. The meeting was called to order by Vice:: Chairman, Mr. Richard Colangelo, with the following members present: Richard A. Colangelo, V. Chrm. Thomas J. Caldwell Royal D. LaBarre Daniel B. Owens John L. Stokesberry Arthur H. Taylor Absent: Barry K. Asmus,Chairman Also present: Frank LuBien,Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector 1. MINUTES - November 1, 1990 MINUTES AMENDMENTS - October 4. 1990 The minutes of the regular meeting of November 1, 1990 were approved, as distributed, by a motion made by Mr. Taylor, seconded by Mr. LaBarre, and carried unanimously. The Amendments to the minutes,of the regular meeting of October 4, 1990 were approved, as distributed, by a motion made by N. Taylor, seconded by N. Owens, and passed by unanimous vote. 2. & 3. HEARING,CASE NO. 1508 UNSIGHTLY. FASCIA, SOFFIT, HOUSE EXTERIOR 349 N. E. 99th STREET OWNER: LUCY S. VIDAL. HEARING, CASE NO. 001511 GENERAL UNSIGHTLINESS 349 N. E. 99th STREET OWNER: LUCY S. VIDAL Both violations were heard together. Mr. Rodriguez and.Mr., LuBien were sworn in for their"testirlony of the evening. Mr. Peter Vidal was sworn:in to speak for Lucy Vidal, his mother who is ill with cancer and.unab.le to attend. Mr. Rodriguez introduced and presented the cases. He stated several ex- tensions were granted, work is progressing,:however it still:is incomplete. Mr. LuBien noted there were originally five violations on the property. Three have been corrected, two remain. Peter Vidal is the only person there to do the work and keeps at" it diligently, In spite of extensions granted, work remains to be done. Mr. Peter Vidal stated he did get a week off from his job to work on the house. He does all he can every weekend., and expects another. week off just after Christmas, at which time he expects to be in full compliance. In discussion it was noted all permits have been pulled, the house needs painting and the holly tree must be removed, and all this will take time. It was requested Mr. LuBien.intercede with Tom Benton, Director of Public Works for quick removal of cuttings. Following continued discussion, Mr, Stokesberry moved that a_45 day extension be granted, seconded by Mr. LaBarre, and carried by unanimous roll call vote, The motion. will apply to Case number 001508 and Case no. 001511. • • • CODE ENFORCEMENT. BOARD REGULAR. MEETING -2- 12/6/90 4. HEARING, CASE NO. 001635 COMMERCIAL. VEHICLE IN RESIDENTIAL ZONE 1165 N. E. 104th ST. OWNER: FRANiCISCO & DAISY PEREZ Mr. Francisco Perez was sworn in, as also his daughterin-law who interpreted for him. The case was introduced .t presented by Mr. Rodriguez. He also stated, the tool truck is now removed, though not .by the scheduled compliance date. The daughter-in-law interpreted this for Mr. Perez who had nothing to say. Mr..LaBarre moved for -Finding of Fact a violation existed, Conclusion of Law this is a violation of the Schedule of Regulations, ordered an Administrative fee of $110.00 be assessed. Mr. Caldwell seconded the motion which passed by unanimous roll call vote. Mr. Colangelo explained Members action. 5. HEARING, CASE NO. 001661 VEGETATION ON PUBLIC WAYS 893 N. E. 96th STREET OWNER; PHILLIP S. DAVIS Mr. Phillip S. Davis was sworn in. Mr. LuBien.explained.there seemed. to be some confusion on the part of Mrs. Davis as to what and how muchtrimming needed to be done, The poinciana tree was cut more than needed, but the'ficus tree was not trimmed sufficiently, and it must,not impede traffic. Members reviewed photographs taken of the tree. Nr. Rodriguez agreed with Mr. LuBien that some trimming has been done, however the ficus tree is an obstruction to the traffic light and is hazardous. Mr. Davis noted the tree is enormous, the house was built around the tree, He has lived in the house five or six years and the.Village trimmed the tree the first three or four years. The tree is on private property and not in the right of way. Mr. Davis agreed to cut ,the tree back if it's his responsibility, but does need an extension of time. Mr'. Taylor made a motion to grant:an extension:of thirty. days, seconded by Mr. Stokesberry, and passed.by unanimous roll call vote. }Jr. Colangelo explained the Board's action. 6. HEARING,CASE NO. 001693 PET LIMITATION & CONTROL 334 N. E. 103rd ST. OWNER: GLEN ALEXANDER Mr. & Mrs Alexander were sworn in. Mr. Rodriguez noted:Mr..L.uBien made :the inspection in response to complaints. Mr, LuBien explained there was a complaint of barking dogs.at 3 locations in the same neighborhood. One person got r.id of his dog, one put the dog inside, and that leaves the Alexander's two dogs doing excessive barking. • CODE ENFORCEMENT BOARD REGULAR MEETING -3- 12/6/90 Mr. & Mrs. Alexander stated, their two dogs are baby Labadors, are left outside day.,61 night and never bark. Mrs... Alexander.presented a letter from a,neighbor, to,verify.this. She stated .there are numerous dogs in the neighborhood and there is some confusion as to what dogs are barking. They have lived in the house three months and there have been burglaries in the in the area, There was extensive discussion concerning the dogs doing what they are supposed to do, the bad odor from dogs, an investigation to be sure which dogs are excessively barking; the one dog not being in the house, and the accuser. Mr. Taylor moved for Finding of Fact and Conclusion of Law, a.violation does exist to Sec 5-22 of Miami Shores Village Code, ordered that an Administra- tive fee of $110.00 be assessed, and if the barking continues after 30 days a fine of $25.00 per day will be assessed. The motion was seconded by Mr. Stokesberry, and failed by the following roll call vote: Mr. Caldwell No Mr. Taylor Yes Mr. Stokesberry Yes Mr., LaBarre Yes Mr., Owens No Mr. Colangelo No Much discussion continued, and Mr. & Mrs. Alexander were instructed by Mr. Caldwell that, should they find themselves before the Board again, they come with neighbors and evidence their dogs, are not the ones doing the excessive barking. • Mr. Taylor moved to dismiss the case, seconded by 'Mr. Stokesberry, and the motion carried unanimously. 7. HEARING,CASE NO. 001692 INOPERABLE VEHICLE ON PREMISES 372 N. E. 103rd ST OWNER: JOSEPH. A. MURAWKA Mr. Joseph A. Murawka was sworn in. Mr. LuBien made the inspection in Mr. Rodriguez's absence. Mr. Murawka stated, he had come in to the Village as instructed :.and explained to.the Secretary that.he would remove the vehicle which he had been restoring. Hecame in another: time and explained to Frank LuBien the problem of obtaining title to havethe van junked., he asked for extension of time and explained the van wili.be moved before the hearing date. No extension was granted. .Mr. Murawka further explained he did as he was told and felt this is all he could do. The vehicle is no longer there. Mr.. Caldwell moved for_ Finding of Fact a violation -did exist to Sec 13-1, ordered that $110.00 Administrative fee be assessed, seconded by Mr. Taylor the motion passed unanimously. • • • CODE ENFORCEMENT BOARD REGULAR MEETING .-4- 12/6/90 8. HEARING, CASE NO. 001714 UNLAWFUL SIGN ON PREMISES 145 N. W. 95th STREET OWNER: MICHAEL ALEXANDER ELVIS Mr. Michael A. Elvis was sworn in. Mr. Rodriguez presented the.case. He advised that the banner put up in honor of Tony Martin of the Dolphins is illegal, and advised the tenant, but . the sign goes up each -time thee.D01phins play. Mr. Elvis stated he rents the house, and the tenants put the sign up each time there is a Dolphin game. Though he advised them it is not allowed. He was advised of the consequence. when a tenant does not comply with the codes, what happens on the property is his responsibility so long as he is the owner. Discussion ensued and Mr. LuBien advised Members he visited the location, no one at the house would accept the citation or sign for it. Mr. LaBarre moved for Finding of Fact & Conclusion of Law there was a violation to Sec 504 (b)(2), ordered that an Administrative fee of $110,00 be assessed, seconded by Mr. Taylor and passed by unanimous roll call vote. 9. HEARING, CASE NO. 001484 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 1162 N. E. 105th ST. OWNER: LAWRENCE E. WEN Mr. Lawrence E. Owen did. not attend the meeting, Mr. Rodriguez introduced and.presented. the -ease. He stated there is a double wide carport in the front yard. In spite of the fact that two continuences were granted,.the carport is still there. Mr. Stokesherry moved for'Finding of Fact & Conclusion of .Law the violation does exist to Sec 6-41, ordered that an Administrative fee of $110.00 be assessed, and if the violation continues, there shall be a fine of $50.00 per day after 30 days. Mr,.. LaBarre seconded the motion which passed by unanimous vote. 10. HEARING, CASE NO. 00:1633 INOPERABLE VEHICLE ON PREMISES 815 N. E. 92nd ST OWNER: JAMES SILVERMAN Mr. Silverman was not present. Mr. Rodriguez noted, inspection today. revealed the vehicle removed. Mr. LuBien stated he has been.intouch with Mr. Silverman who advised him that. his mother passed away and he had to.wait;;for the division of property to expose of the Chevrolet Caprice. It has been removed. Mr.. Taylor moved_.to.dismiss.the ease, seconded by Mr. LaBarre, the motion carried unanimously. • • CODE ENFORCEMENT BOARD MEETING -5- 12/6/90 11. HEARING, CASE NO. 001664 GENERAL UNSIGHTLINESS 1245 N. E. 93rd ST. OWNER: NELSON SOTO Mr. Rodriguez reported that. Mr. Soto was not in compliance on the date the violation was issued (10/24/90) nor is he in compliance now. Members reviewed photographs. Mr. LaBarre made, a motion for Finding of Fact the violation does exist, Conclusion of Law, this is a violation. of Sec 10-4 of Miami Shores Village Code. 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 go into effect. The -motion was seconded by Mr.:. Stokesberry, and passed by unanimous vote. 12. HEARING, CASE NO. 001665 HEDGE/FENCE BEYOND -HEIGHT LIMITATIONS 1245 N. E. 93rd ST OWNER: NELSON SOTO Mr. Soto did not attend the meeting. Mr. Rodriguez reported he:is still not in compliance. Mr.. Rodriguez had met with Mr. Soto and explained the violation, but. no work has been done. A motion was made by Nr..Stokesberry for Finding of Fact and Conclusion of Law that a violation does exist.to Sec 518(A), 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. The motion was seconded by Mr. LaBarre, and carried. unanimously. 13. HEARING„CASE CASE NO. 001666 MAINTAINING A NUISANCE 1245 N. E. 93rd ST OWNER: NELSON SOTO Members reviewed photos of the violation as Mr. Rodriguez reported, Mr. Soto isnot in compliance on this case either.. The pool though fenced in, is in terrible condition. Mr. Owens made a motion. for. Finding of Fact the violation. does exist, Conclusion of. Law, it is a violation. of Sec 10-9 of.Miami Shores Village Code, ordered that an Administrative:fee of $110.00 be assessed and if' not in compliance .in 30 days a fine of $25.00 per day goes into effect. Mr. LaBarre seconded the motion which passed unanimously. 14. & 15. HEARING, CASE NO. 001701 INOPERABLE VEHICLE ON PREMISES 225 N. W. 92nd STREET OWNER: WILNER EDOUARD HEARING, CASE NO. 001700. LACK OF OFF STREET PARKING 225 N. W. 92nd ST. : WILNER EDOUARD Mr. LuB3en noted that at the request of the Village Manager and the Council the territory was divided north. and .,south and as a result Mr. Wilson, and Mr. Rodriguez cases overlapped. Both..these violations were heard by the • • CODE ENFORCEMENT BOARD REGULAR MEETING -6- 12/11/90 Board previously, they still are not in compliance, and the fine is in place and running on a daily basis. It is appropriate to dismiss the two cases. Mr. Taylor moved to dismiss the cases No. 001701 and No. 001700) the notion was seconded by Mr. Stokesberry, and passed unanimously. The meeting adjourned at 8:45 P.M. £L4O cr ary