04-04-1991 Regular Meeting•
CODE ENFORCEMENT BOARD REGULAR MEETING
APRIL 4, 1991
The regular meeting of the Miami Shores -Village Code Enforcement Board
was held on April 4., 1991 at 7:35 P.M. at the Miami. Shored 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
Owen D. .Henderson III
Royal D. LaBarre
John L. Stokesberry
Arthur H. Taylor
Absent: Daniel B. Owens
Also present: Frank LuBien, Director of Code Enforcement
Robert Rodriguez, Code Enforcement Inspector
Richard S. Trumble, Code Enforcement Inspector
1. MINUTES - LARCH 7, 1991
The minutes of the meeting:of March 7, 1991 were approved as distributed,
by a motion made by Mr. Stokesberry, seconded by Mr. Taylor, the motion
carried unanimously.
2. REQUEST FOR RELIEF CASE NO. 001564
HEDGES T00 HIGH
795 N. E. 95th STREET
OWNER: SCHEFFEL H. WRIGHT
TENANT: DONALD W. STOBS IIT
Sworn in were: Mr. Rodriguez and'Mr. LuB"ien for their testimony for the
evening. Don Stobs III was present and sworn in,
Enclosed in Members packet was a copy of a letter from lir. Stobs requesting
this relief.
Mr. Rodriguez introduced the. case.. The violation was sent for a correction
date of September 27, 1990. Inspection on this date showed the violation
was not corrected. It seemed there was some misunderstanding as to what &
holt much of the bushes had to be cut back.
Mr. Stobs indicated, some cutting was done, after talking with. Mr. Rodriguez
he learned more cutting needed to be done. He lived in the house with his.
grandfather. He further stated, he can understand the $110.00 Administrative
fee and is willing to pay this amount, but cannot pay the $435,00 accrued
fine.
In response to query, Mr. Taylor was told there were no puctures.
Mr. Caldwell made a motion to vacate all fines and that. the, Administrative
fee of $110.00 remain. Themotion was seconded by Mr. Stokesberry, and
passed by unanimous roll call vote.
3. HEARING, CASE NO. 001835
FAILURE TO OBTAIN OCCUPATIONAL LICENSE
1080 N. E. 104th ST
OWNER: JA'MY DE FEX
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CODE ENFORCEMENT BOARD
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Mr. LuBien introduced the case, stating the Board withheld action at the
last meeting contingent on inspection of the residence by the Code Enforce-
ment Officers. In spite of the fact she consented at the last meeting,
Mrs. Jamy De Fex, however, refused to allow inspection. Mr. LuBien stated
he had received a complaint that work is being done and the garage is being
occupied. He and Mr. Trumbileinspected the garage and found evidence of
work without a permit. A glass window has been installed on the side, and
a glass and drapes have replaced the garage door. The Code Enforcement
Department will take action concerning work without a permit.
Ms. DeFex stated she was told, no permit is needed. She refused inspection,
because she said, this is her right and her property. In response to query
she stated, she uses the garage for sewing and storage, and a relative stays
in there when visiting.
Mr. Rodriguez noted, he had inspected the garage only. and found no evidence
of anyone living in there. She says she does not have a renter.
Mr. Taylor moved for.Finding of Fact and Conclusion of: Law the violation to
Sec 14-17 does exist, ordered that $110.'00 Administrative.fee be assessed,
if the violation is not corrected in 30 days a fine of $100.00 per day will
become effective. The motion was seconded by Mr. LaBarre.
Discussion continued concerning, no evidence of'a rental and a letter to
support same, Members agreed this motion: cannot be supported. The motion
failed by the following roll call vote:
Mr. Henderson. No
Mr. Taylor Yes
Mr. Caldwell No
Mr. Stokesberry No
Mr. LaBarre No
Mr. Asmus No
Mr. Stokesberry made a motion to dismiss Case No
Mr. Henderson, the motion carried unanimously.
4. HEARING, CASE NO. 001864
FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE
165 N. E. 109th STREET
OWNER..; ZOILA SANCHEZ - VICHOT
TENANTz. RAMON VICHOT
5. HEARING, CASE NO. 001863
FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE
198 N. E. 110th STREET
OWNER: COSTEN T. DOWNS
001835, seconded by
Zoila Sanchez=Vichot wrote a
letter stating that Ramon Vichot is
her father, and they are joint own-
ers of the house and live together.
Records indicate that
Downs is the owner/tenant.
no proof that the property
Mr. LuBien suggested Case #001864,& Case #001863 be
dismissed..
Amotion to dismiss the cases was made by Mr. LaBarre, seconded by
Mr. Stokesberry, and carried by unanimous vote,
Costen T.
There is
is rented.
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CODE ENFORCEMENT BOARD
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6. HEARING, CASE NO. 001885
FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE
147 N. W. 109th STREET
OWNER: GEORGE E. OBENOUR II
TENANT: TENANT
This case was presented by Mr.:Rodriguez who stated, :there is no record of
a rental license applied or paid for. Someone does live in the house.
This violation comes from the finance department in the form of a statement.
The notice of violation as printed shows an Owner/Tenant.
Mr. Stokesberry made a motion for Finding of Fact, a violation exists,
Conclusion of Law, this is a violation of Sec 14'r17, ordered that $110.00
Administrative fee be assessed and if the license is not obtained in 30 days
a fine of $50.00 per day will become effective. The motion passed by a
unanimous vote.
7. HEARING, CASE NO. 001924
BOAT ON PREMISES
301 GRAND CONCOURSE
OWNER: MARIO A. OLIVA
Mr, Rodriguez presented the case stating, the boat is still there.
Mr. Trumble did the inspection in the absence of.Mr. Rodriguez.
'Mr. Oliva explained, when.he purchased the house and moved: in December 1987,
the 22' boat was on the side of the house. He was told if the boat was
parked in the rear, there would be no problem. He subsequently broke the
wall and placed the boat in the rear yard.
There ensued discussion concerning no prior objection, no complaint, it
was noticed in a drive by observation. Hardship variance was mentioned,
and the last time the boat was in the water, and its' maintenance.
Mr. Oliva explained the house and boat are for sale.
Mr. Caldwell moved to table the case until the next meeting, maybe by that
time Nr. Oliva will. find a place to store the boat, or a solution to his
problem. Mr. Taylor seconded the. motion. Following brief discussion the
motion passed by unanimous vote.
8. HEARING, CASE NO. 001886
FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE
10395 N. E. 12th AVE
OWNER: JANE`S NEVEL, TENANT
TENANT: ERNEST L. RENZETTI
Mr. Rodriguez indicated,,no occupational license'had been obtained or paid
for.
Mr. LaBarre moved for Finding of Fact and Conclusion of Law a violation exists
to Sec 14-17, ordered that an Administrative fee of $110.00 be
assessed, and if a license is not paid for andobtained in 30 days, a fine of
$50.00 per day will become effective. The motion was seconded by
Mr. Stokesberry, and carried unanimously.
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CODE ENFORCEMENT BOARD
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Mr. Taylor announced his resignation from the Code Enforcement Board was
handed in to become effective April 8, 1991. Mr. Asmus regretted this
and thanked Mr. Taylor for his attendance and rulings on the Board.
Mr, Asmus then asked fornominations from the floor for a Vice Chairman to
replace Mr. Taylor. Mr. Stokesberry nominated Mr. Owen,hienderson, the
nomination was seconded by Mr.. LaBarre. Nomination was closed and
Mr. Henderson was elected Vice Chairman..by unanimousvote.
Mr. LuBien introduced Mr. Richard Trumble, the new Code Enforcement Officer
and he was officially welcomed by the Chairman and the Board.
The meeting adjourned at 8:20 P.M.
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