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02-07-1991 Regular Meeting• • • CODE ENFORCEMENT BOARD REGULAR MEETING February 7, 1991 A regular. mmeeting of the. Miami Shores. Village Code. Enforceament. Board was held on. February 7.,, 1991 at 7:35 - P..M, at the Miami -Shores 'pillage Hell, The meeting was called to order by Chairman, Barry Asmus,-with the following members present: Barry K. Asmus, Chairman Royal D. LaBarre: Thomas J. Caldwell John L, Stokesberry Absent, Daniel B , Owens - & Arthur H. Taylor Also'preeentI Frani.LuBien, Director of Code Enforcement Robert Rodriguez., Code. Enforcement Inspector 1, 'N INUTES JANUARY 3, 19.91. The minutes of the regular meeting of January 3, 19.91 were approved, as distributed., by a motion made by Mr, Stokesberry, seconded by Mr. LaBarre, and carried unanimously. 2. HEARING, CASE NO. 0001796 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 165 N. W. 99th St. OWNER: LEONARD F. WATSON Mr. LuBien & Mr. Rodriguez were sworn in for their testimony of the evening. Mr. Watson was present and also was sworn in. Mr. LuBien introduced the case. The facts were presented by Mr. Rodriguez who stated there is still no permit for the construction. Mr. Watson noted he was in several times to determine procedure, but Mr. LuBien was on vacation. His. father hired a Hatian Architect whom he hs. paid 'for - the plans, but has .been unable to reach.. The plans should have been ready on 'Monday, an extension is needed. Mr. Stokesberry moved for Finding of Fact and Conclusion of Law a violation exists to Sec 6-4, ordered that.a permit must be secured and the construction made legal in 60 days when a fine of $50,0.0 per day will become effective. The motion was seconded by Mr. LaBarre, and passed by a 3/1 vote. Mr. Asmus voted No. Mr. Asmus instructed Mr. Watson regarding the action taken by the Board, 3. HEARING, CASE NO, 0001810 UNLAWFUL SIGN ON PREMISES 145 N. W. 95th ST. Owner: MICHAEL ALEXANDER ELVIS Mr. LuBien introduced the case. Facts were -presented.. by Nr. Rodriguez,.who stated this is a continuing violation. ?Jr. Elvis has tried to comply and has been into the Tillage in an, effort to determine what he can do. Mr. Elvis was srown in, He indicated he had been before the Board before. Mr, Elvis rents the house and the tenants are the violators, who put the banner up every time there is a Dolphin game, soietimes leave it up, CODE ENFORCEMENT BOARD -2t- 2/7/91 Discussion ensued concerning ,the. $110,00 Administrative fee assessed previously and paid:by Nr, Elvis, The tenants and their lease was. also discussed as was the banner, Mr, Stokesberry moved that the violation did exist to Sec 504 C41(21, ordered that Mr, Elvis be. assessed.$110,00 Administrative fee, seconded by Mr, LaBarge , acid .passed . by unanimous -rola call vote. 4. HEARING, CASE NQ, O001.788 FAILURE TO OBTAIN OCCUPATIONAL. LICENSE 9315 PARK DRIVE iBl OWNER: BUNNY YEAGER Mr. LuBien introduced the case, andMr.. Rodriguez stated that Mrs. Yeager owner of Fla Stage & Screen News has beenoperating without a current occupational license in violation of Sec 14-17, Mrs, Yeager was sworn in.. She noted her reason for not renewing the license arethe physical problems she has had, and debating if she should continue in business. Her life has been in turmoil. The license fee has been paid and a license obtained now, Mr. Caldwell moved to dismiss the case, seconed by Nr, Stokesberry, and passed by unanimous,roll call vote, 5, REQUEST FOR RELIEF.,CASE NO, 0.015.33 INOPERABLE VEHICLES 712 N. E. 95th ST, OWNER; JOHN PRENDERGAST Mr, LuBien introduced.. the case and explained his reason for requesting everyone read.all the information carefully, This request for relief is on the. agenda at the request of the Village Nanager in response to a letter she received from.Mr. Prendergast, Mr. Prendergast vas present, he responded to l+4r, Asmus for a thumbnail sketch of the problem. He further stated that he is somewhat in,the car business, and that the vehicle will be towed away this week. There was continued discussion concerning the fine of $1,160. and the illegal inoperable vehicle, a violation of Sec 13=1 of Miami Shores Village Code, Mr, Stokesberry,made a motion that the $110.00 Administrative cost remain, but the balanceof the fine be waived. Mr. LaBarre seconded the motion, Nr. Caldwell offered amendment that the fine be waived contingent that the vehicle is moved in 7 days, The. amendment was accepted by.;Nr,, Stokesberry, and Mr. LaBarre, and the motion passed unanimously by roll call vote. • • • CODE ENFORCEMENT BOARD 2/7/91 6. HEARING,CASE NO, 001822 INOPERABLE VEHICLE ON PREMISES 9760 NORTH MIAMI AVE, OWNER: RICEA'ED HENRY & ANNA SINGER Mr. •LuBien introduced the case which, was pre.sente.d.,by'1h'x, Rodriguez. Both agreed the vehicles were gone today, Mrs. Singer was sworn in, She stated she is in the process of being divorced and this action takes time. Mr. Caldwell: moved to. dismiss the case,. seconded by Mr. Stokesberry the motion passed by.unanimous roll call vote., 7. REQUEST FOR RELIEF, CASE. NO, 001348 EXCESSIVE MILDEW, AND PEELING PAINT ON CONCRETE WALL 61 N. E. 93rd STREET OWNER: WILNER SALOM0N Mr. LuBien noted he had received..a call from Mrs. Salomon'wh.o stated she is very ill and unable to attend this meeting. She requested her request be rescheduled. for next meeting, whichwas granted. 8, HEARING, CASE NO, 001485 UNAUTHORIZED CONSTRUCTION 1290 N. E. 102nd ST OWNER: WILLIAM J. HAMPTON Mr. LuBien noted this case has been canceled. 9. HEARING, CASE NO. 001661 (CONTINUANCE) VEGETATION OF PUBLIC WAYS 893 N. E. 96th ST. OWNER: PHILLIP S. DA17IS Mr. Rodriguez noted that Mr. Davis had been granted a continuance to Jan. 5, 1991. He is still not in compliance, and there has been no contact, Mr. LaBarre moved for Finding•of Faet and Conclusion of Law, a violation exists to Sec 10-10,, ordered that he beassessed an Administrative fee of $110.00:and $25,00. per day if the violation is not corrected in 30 days, The .motion was seconded by Mr. Stokesberry and carried unanimously, 10. HEARING:CASE NO, 001654 GENERAL UNSIGHTLINESS 10635 N, E, 11tli.Ct, OWNER: DAVID G. HAYLOCK Members reviewed photographs of the violation as Mr, Rodriguez stated the facts of the case. The violation is still not corrected. • • • CODE ENFORCEMENT BOARD. -4- 2/7/91 Mr. LaBarre made a motion that Finding of Fact and Conclusion of Law, a violation to Sec.10-1 exists, ordexed.that fir. %aylock pay $110.00. Administrative fee, and $55,00. per. day fine if the. violation is not corrected in 30 days, Mr, Caldwell, seconded the motion which passed unanimously. 11. HEARING, CASE NO, 001656 IMPROPER STORAGE OF RUBBISH.,:. GARBAGE, ETC. 10635 N. E. llth.Ct. OWNER: DAVID G, HAYLQCX. Mr. Rodriguez. passed around:photographs.of.the.violation, He stated. as in the previous case the violation has not been corrected, Brief discussion ensued concerning David G. Haylockls occupation.. He travels and is out of, town a good deal. Mr. Stokesberrymade a motion for Finding of Fact & Conclusion of Law a violation does exist to Sec 12-104, ordered that an AAT nistrative cost of $110.00 be assessed, and a fine of $50.00 per day if the violation is not corrected in 30 days. The motion was seconded by Mr. LaBarre and passed unanimously, 12. HEARING, CASE NO. 1756 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 100. N , W. 100th TERR OWNER; ROBERT PRESMY The case was introduced by Mr...LnBien who stated he sent Mx. Presmy, also his attorney, Mr. Leonard E. Zedeck, PA. a copy of this meeting agenda. Neither was present at the meeting. Mr. Rodriguez presented photographs he had taken this morning. He observed that one or two awnings have been removed only. Mr. LaBarre moved for Finding exists to Sec 12-133, ordered charged, and.if the violation per day -will become effective. passed unanimously. of. Fact and Conclusion of.Law a violation that an 'Administrative:".fee of $110.00 be is not corrected in 30 days, a fine of $50.00 Nr. Caldwell seconded the motion which 13. HEARING,CASE NO. 001753 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 118 N. W. 100th TERR OWNER; WILLY ANICETTE Mr. Rodriguez presented the facts regarding unfinished work on this roof. Mr. Stokesberry moved -for Finding.of.Fact a 'violation. exists, Conclusion of. Law;this is a,violation.of Sec 12-13.3, ordered that.$110..:00 Administrative cost be assessed,. and if the violation is not corrected in 30days, a fine of $25,00 per day be.charged, Mk,:LaBarre seconded the motion which passed u ,animously , CODE ENFORCEMENT BOARD -5-- 2/7/91 14, HEARING, CASE NO, 001 779 FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE 96.28 N, E,.2nd AVE JE OWNER'TRAVELAND, INC Mr, LuB en presented the facts, A Check was received in today's (2/7/91) mail dated 12/26/91.with a November statement. No one was present to represent Traveland. Mr. LaBarre moved for Finding of Fact and Conclusion of Law, a violation exists to Sec 14-17, (no occupational license), ordered that $110.00 Administrative cost be assessed, and if the proper license and correct fees are not paid in 30.days, a,fine,of 425,00. per day will be charged. The motion.was seconded by Mr. Caldwell, and passed unanimously. 15. HEARING, CASE NO. 001777 FAILURE TO OBTAIN. AN OCCUPATIONAL LICENSE 9628 N. E. 2nd Ave. #E OL OWNER: HOME ' AMERICA BUILDERS INC Faets of this case were presented Rodriguez, Mr. Stokesberry moved that no occupational licensehas been obtained, and a violation exists to Sec 14-17, Ordered that an.Administrative fee of $110.00 be assessed, and if the license is not paid for and obtained in 30 days a fine of $25.,.00. per day will become effective. The motion was seconded. by Mr, Caldwell, and passed unanimously. 16, HEARING, CASE NO, 001780 FAILURE TO OBTAIN AN OCCUPATIONAL:LICENSE 9822 N, E. 2nd Ave #7 OL OWNER: CONSUMERS. LIFE .& HEALTH SERV Facts of the case were noted by Mr, Rodriguez, Mr. LaBarre moved for ,Finding of Fact a violation exists, Conclusion of Law this is a violation to Sec 14-17 ,.-ordered that an Administrative fee of $110400 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. Stokesberry and passed unanimously. 17. HEARING, CASE NO. 001820 UNAUTHORIZED STORAGE OF MATERIALS 129 N. W. 98th ST OWNER: JON E. MC LEOD TENANT: JON E. MC LEOD Mr. Rodriguez presented the .case.. Re stated today's inspection reveals the violation continues to exist.. Members reviewed photographs of, the violation. Mr. LaBarre moved fox Finding of Fact, Law this is a violation , of Sec 501 alKI fee of $110.00:: be assessed,'and if thee a fine of $25,00 per day will kick in. whlcb, passed,unanimously, a violation does exist, Conclusion of 10.1, ordered that an Administrative ,violation is not corrected in 30 days 'Mr. Caldwell seconded the motion • • • CODE ENFORCEMENT BOARD 18. HEARING, CASE NO, 001842 IMPROPER TREATMENT OF REFUSE 9545 BISCAYNE BLVD OWNER: JIMMY 1 ITCULL a6- 2/7/91 The case was introduced by Mr. LuBien and the facts were. presented by Mr. Rodriguez as Members of the Board reviewed photographs. It was noted, in reply to quexyi that this condition exists on a daily basis. A motion was made by Mr. Stokesberry for Finding of Fact and Conclusion of Law a violation exists to Sec 2.-2 (B) (C) of the Miami Shores Village Code. Ordered that an Administrative fee of $110.00 be assessed, and if not corrected in 30 days a fine of $25,0.0,per day will become effective. LaBarre seconded the motion which passed unanimously. The meeting adjourned at 8:30 P.M. ecr terry