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01-03-1991 Regular Meeting• • CODE ENFORCEMENT: BOARD REGULAR MEETING January 3, 1991 A regular meeting of the Miami Shores Village Code Enforcement Board was held on. January 3, 1991 at 7:35 P.M. at the Niami Shores Village Hall. The meeting was called to order by Chairman, Barry Asmus,.wi.th the following members present: Barry K. Asmus, Chairman Richard A, Colangelo Royal D. LaBarre Daniel B. Owens John L. Stokesberry Arthur H. Taylor Absent: Thomas J. Caldwell Also present: Frank LuBien, Director of -Code Enforcement Robert Rodriguez, Code Enforcement Inspector Jack Wilson,. Code..Enforcement Inspector 1. MINUTES December 6, 1990..c The minutes .of the regular meeting of December 6, 1990 were approved, as distributed, by a motion.made by Mr..Stokesberry; seconded by Mr. Taylor, and carried unanimously. 2. HEARING, CASE NO. 0001735 OVERGROWN FOILAGE 277 N. E. 97th STREET OWNER: JENNIFER J. SAXON 14rr. LuBien presented the case. He satated/'enn ,fer Saxon bought the house with the existing hedge encroaching on the alley. She was not fully aware of the violation. He advised her of the procedure to comply, and she has agreed to do so quickly. "Members reviewed pictures of the violation. Mr. & Mrs. Saxon were present, Mr. Colangelo moved:to grant a thirty day extension and a fine of $25.00 per day if not corrected in thirty .days. The motion was seconded by Mr. LaBarre, and carried unanimously. 3. HEARING, CASE NO. 001733 UNLAWFUL OCCUPANCY 325 N. W. 111th TERRACE OWNER: GERARD DERISMA Mr. LuBien, Mr. Rodriguez, and,Mr.,Wilson were the evening. Mr. Lloyd M. Routman., Attorney for Mrs. Gerard present was Mrs. Derisma, and her tenant, Rosa sworn in for. testimony for Derisma was .present. Also Lewis. Mr. Wilson requested and>wasgranted a moment to: confer with Mr. LuBien, He then. stated that the violation was issued in 'response to an anonymous complaint to the 'Village Managers office. He did not go into the house, he observed no violation, nor could he. testify that there was one. Mr. Routman requested the case be dismissed on the basis_ it is a single family, four bedroom house'occupied by Rosa. Lewis and her children, No one went into the house, the property is well kept and there are no other coma plaints or violations. There is no evidence the house is multi family occupiedw • • • CODE ENFORCEMENT BOARD a2- Jan, 3, 1991 Mr..Stokesberry moved.to..dismiss.the case forlack of evidence, Mr. LuBien.suggestedMemb.ers ask questions of. the. tenant,- Mr,. Routman objected, stating 'he advised;Mrs. Derisma,:and Mrs, Lewis not to answer any questions,. they are. quite people. and. there is no evidence the home is occupied -by multiple families. Mr. Stokesberry restated his motion•to dismiss the case .for lack of evidence, the motion was seconded. by Nr. Colangelo and the case dismissed, by a roll call vote of 2/4. `Mr. -Taylor and -24r, LaBarge voted No. 4. HEARING, CASE NO. 001712 INOPERABLE VEHICLE ON PREMISES 189 N. W. 99th STREET OWNER: STEVE VALDELAMAR Mr, Rodriguez presented the case.. ers reviewed` pictures of�the violation, a Datsun with.no tag. Today inspection revealed the vehicle; had been moved, Mr. Stokesberry moved for Finding. of Fact &.Conclusion_of Law. a violation did exist to Sec 13-1. Ordered that an. Administrative feeof $110.00 be assessed. Mr. Colangelo seconded the motion which passed unanimously. 5. HEARING, CASE NO. 001723 FAILURE TO OBTAIN OCCUPATIONAL LICENSE.. 137 N. E. 92nd STREET OWNER: VICTORIA HOTEL, INC TENANT: MARIE--LAT.7RE VICTORE This case was presented by Mr, Rodriguez, He has had no response to the violation to obtain an occupational. license for rental property. Mr. Colangelo moved for. Finding of Fact, and Conclusion of. Law:, a violation exists to Sec -14-17, ordered that there be a $110,00 Administrative fee and if license is not obtained in 30 days, a fine of $25.00 per day will go into effect. Mrd: Taylor seconded.the motion, which carried unanimously. 6. HEARING, CASE.NO.. 001739 FAILURE, TO OBTAIN' AN OCCU 'ATIONAL LICENSE 8801 BISCAYNE BLVD OWNER: MILITANA & MILITANA LAW OFFICE TENANT: JOHN MILITANA Mr. LUBien presented the case. He:stated that Mr.. Militana was in the office today and explained the problem with -his tenant. He later faxed to the office a copy of the 3 day notice to vacate which he presented to the tenant. Further Mr, LuBien• stated it would be in order to dismiss this case. Mr. Taylor made a motion to dismiss, seconded by Mr, Colangelo which passed by unanimous oral vote. 7. HEARING,CASE NO. 001725 GENERAL, 'IJNS IGHTLINESS 9488 N. W. 2nd AVE. OWNER: GLORIDA MENDOZA Mr. Rodriguez presented the case, stating it was to be corrected 12/21/90, today inspection revealed the, property to.be vacant., Thervi.olation is not corrected. Mr. LuBien noted that. if the.property is vacant.the case should be referred to Public Works and no actionnecessary by the Board. • • • CODE ENFORCEMENT BOARD -3- 1/3/91 Mr. LaBarre moved for Finding of Fact a violation does exist,, Conclusion of Law this is a Violation of Sec 10 1, ordered an Administrative.fee of $110,00 be assessed, and $25,00 per day fine 'if the violation is not corrected in 30 days. The motion passed -by unanimous vote. 8. HEARING, CASE NO. 001737 OVERGROWN FOILAGE 147 N. W. 109th ST OWNER:GEORGE E. OBENOUR II (TENANT) Mr. Wilson presented the case and passed pictures 'taken .January 3, 1991 to Members of the Board.. The violation was notcorrected today. Mr. Owens moved for Finding of Fact & grown in the alley right of way, this ordered:that an Administrative fee of day fine will go into effect after 30 Mr. LaBarre, and carried unanimously. Conclusion of Law the hedge is over - is a violation of 518 Sec 10-1, $110.00 be assessed and a $25.00 per days, The motion was seconded by 9. HEARING, CASE NO. 001741 INOPERABLE VEHICLE ON PREMISES 289 N. W. 111th TERR OWNER: CELIMIRA GUTIERREZ Mr. Wilson stated this case should not be on the agenda. This morning at 9 A.M. inspection revealed the vehicle has been removed. Mr. LaBarre made a motion to dismiss this case, seconded by Mr, passed unanimously. Taylor, and 10. HEARING) CASSE NO. 001746 PET LIMITATION & CONTROL 560 N. E. 103rd ST OWNER: JACQUES LORENCEAU Mr. Rodriguez presented thecase, stating that there was.a bad odor from the dogs. Mr. Rodriguez also informed the Board of the phone call by Mr. Lorenceau to the Secretary. The problem is being worked on. Mr. Taylor moved there is Finding of Fact and Conclusion of Law a violation to Sec 5422 does exist, ordered that $119,00 Administrative fee be assessed, and $25.00 per day after 30 days. Mr. Owens seconded the motion, which passed by unanimous vote. 11. HEARING,, CASE NO. 001747 HEDGE/FENCE BEYOND HEIGHT LIMITATION 560 N. E. 103rd ST. OWNER: JACQUES LORENCEAU Mr. Rodriguez reported that the violation was not corrected by the due date of December 26, 1990. His inspection today revealed someoneworking on the problem. Mr. Colangelo moved.Finding of Fact & Conclusion of Law, a violation does exist to :Sec 518 (A) of the Miami Shores Village code, Ordered that an Administrative fee of $110,00 be assessed, and $25,00 per day fine will go into effect after 30 days. The motion.was seconded by Mr, LaBarre and passed unanimously, • • • CODE ENFORCEMENT BOARD -4- 1/3/91 12, HEARING,.CASE N0, 001748 INOPERABLE VEHICLE ON PREMISES 560 N. E. 103rd ST OWNER:.JACQUESLORENCEAU Mr, Rodriguez noted that:this violation was to b.e'corrected by 12/26/90, Today inspectionrevealed that the Mite pontiac (1AC131I) still has an expired tag. Mr. LaBarremoved for Finding of, Fact and Conclusion; of Law the violation does exist, ordered that $110,00 Administrative fee be assessed and $25,00 per day fine levied after 30 days, Mr. Stokesberry seconded the motion, which carried unanimously. 13. HEARING, CASE N0. 001743 14. HEARING, CASE NO. 001744 15. HEARING, CASE NO. 001745 9413 No. Miami. Ave. GLADYS . ALVA Nr. Rodriguez informed the Members that an extensionwas granted for these cases, the property is in the process of being sold, it should not be on the agenda. Renovations are being made to the property, Mr. Taylor moved to temove these .cases from the agenda, seconded by Mr. Stokesberry the motion to remove passed unanimously, 16. HEARING CASE NO, 001755 UNLAWFUL OUTDOORS USE 100 N. W. 100th TERR. OWNED: ROBERT PRESNY Mr. Rodriguez noted that this violation was to be corrected by 12/27/90. On December 31, 1990 the violation had not been corrected. In response to query, Mr, Rodriguez noted the outdoor use is a washer & dryer. Mr. Colangelo moved for Finding ofFact.&:Conclusion of Law that a violation exists to Sec 502, ordered that $110.00Administrative fee be assessed and a fine of $50.00 per daywill go into effect if the violation isnot corrected in 30 days.. The motion was seconded. by. Mr. John Stokesberry, and passed unanimously. 17. HEARING,:CASE NO, 001758 LACK OF OFF STREET PARKING 100 N. W. 100th TERR. .OWNER: ROBERT PRESNY P'1r, Rodriguez presented the case and stated inspection today revealed the vehicle is still not moved. Nr, LaBarge moved for -Finding of Fact and Conclusion of Law. the violation does exist to the Schedule of Regulations, ordered :that an .Administrative fee of $110.00 be assessed, and $25.00 per day fine levied after 30 days. Mr.'Stokesberry seconded the motion which passed unanimously. • • • CODE ENFORCEMENT BOARD. 1/3/91 18. HEARING CASE NO. 001764 INOPERABLE VEHICLE ON PREMISES 175 N. W. 101st ST. OWNER: CLOTLLE PETERS Mr, Rodriguez reported that today inspection revealed that there is a current tag on the vehicle, the violation was not corrected by the due day. Mr. Colangelo: moved that a.violation did exist, ordered that $110.00 Administrative fee be assessed and there be no fine, The motion was seconded by Mr. Royal LaBarre, and passed unanimously, 19. HEARING, CASE NO. 001765 INOPERABLE VEHICLE ON PREMISES 1065 N. E. 97th STREET OWNER: MICHELE R. SCHRAM Mr. LuBien presented this case, as Members reviewed pictures of the inoperable vehicle. He stated Mrs. Schram tried to be in touch with Mr. Wilson in vain. She came into Village.Hall today and gave him copies of her son's death certificate, and Certificate of Registration, she stated she could not move the vehicle without the title, which she is waiting for. Mr. Stokesberry moved to continue the case, seconded by Nr LaBarre, the motion passed by unanimous vote. 20. STATEMENT. OF RESIGNATION BY:MR. COLANGELO Mr. Colangelo read a statement of resignation from the Code Enforcement Board, and as Vice Chairman of the:Board, Resignation was accepted with regret. Mr, John Stokesberry moved that Mr, Arthur Taylor be elected the Vice Chairman, seconded by Mr. LaBarre the motion for Mr. Taylor to serve as Vice Chairman passed unanimously. The meeting adjourned at 8:30 P.M.