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05-02-1991 Regular Meetings CODE ENFORCEMENT BOARD REGULAR 11EETING May 2, 1991 The regular meeting of the Miami Shores Village Code Enforcement Board was held on May. 2, 1991 at 7:35 P,M.. at the Miami Shores Village Hall. The meeting was- called to order by Vice •Chairman,. Owen Henderson, with the following members present: Owen it.HendersonIII, Vice Chairman Thomas. 3, Caldwell Royal D,. LaBarre Daniel B. Owens John L, Stokesberry Also present: Frank LuBien, Director. of Code Enforcement Robert Rodriguez, Code -Enforcement Inspector Richard S. Trunnble, Code Enforcement Inspector 1. MINUTES April 4, 1991 The minutes of the meeting'of April 4, 1991 were approved, by a motion made by Mr. Stokesberry, seconded by Mr. LaBarre, and carried unanimously. 2. REQUEST F0R.BELIEF, CASE NO, 000641 GENERAL UNSIGHTLINESS 51 N. E. 99th ST OWNER: JOAN M. HABERSIN Mr. LuBien introduced the facts of the case stating that, Mrs. Habersin had come before the Board -in September 1989 for a hearing. The order was sent that she was assessed an Administrative fee of $110.00. The fine was not levied as the violation was corrected by the due date. Mrs. Rabersin insistedshe was not permitted to speak at the hearing and is requesting relief of the $110,00 Administrativefee, at this time. Nr. Asmus arrived at this time, Mrs Joan Habersin, Mr. Frank LuBien, Robert Rodriguez, and. Richard Trumble were all sworn in. Mrs. Habersin insisted, Mr. Asmus refused. to allow her to speak at the meeting in September 1989. She said - she had complied with the notice of violation by the due date, she did attend that meeting, and tried to cooperate, in every way possible. Mr..; Habersin, she stated,was an active community worker, and she outlined his many projects.. Mrs. Habersin feels, both the hearing and the •au nistrative fee were unjust. Discussion followed.. Mr, LuBien read the order of the Board of 9/7/89 per- tainingto the case. He further stated that Mrs. Habersin is being given preferential treatment by, being placed on.this agenda, to request relief at her insistence. Mr. LaBarre made a motion that. due to the time and energy spent on this case, the $110.00 Administrative fee remain, the motion was seconded by Mr. Stokesberry, and carried by the following roll call vote: Mr, Caldwell Yes Mr. Stokesberry Yes Mr. LaBarre Yes Mr, Owens Yes Mr. Henderson Yes Mr. Asmus No • • CODE ENFORCEMENT BOARD -2- 5/2/91 Mr, Henderson explained to Mrs. Habersin that the Administrative fee of $110,00 stands, and her options for any further appeal. Mr. Barry Asmus resumed as Chairman of the Board. 3. HEARING., CASE NO, 001924 BOAT ON PREMISES 301 GRAND CONCOURSE OWNER: MATO A. OLIVA Mr. Rodriguez explained, this case was: continued from the. last meeting in anticipation that Mr. Oliva, by this time might find a solution to lis problem, (Oversize:boat on the premises), Mr. Oliva was sworn in, He stated that though the boat is still there he will remove it onor before Memorial Day. After brief diacuss.ion,; Mr, Stokesb.erry moved for Finding of Fact the violation does exist, Conclusion of Law- this is a violation of Sec 5Qi(R)(1) of the Miami Shores 'Village: code, ordered that an Administrative fee of $110,00 be assessed., and if the violation continues•after 30 days, a.fine of $25.00 per day will become. effective. Mr.. LaBarre seconded the motion which.passed.by un.an±mous roll call vote The action of the Board was explained to Mr. Oliva by Mr. Asmus. 4. HEARING, CASE NO, 0101929" NON -FAMILY oCCUPANCS� 53 N. W. 109ti. STREET OWNER: ELIVITA & SrLENC1A FRANCOIS Mr, LuBien introduced the case, Mr. Trumble. stated the. case originated from.a-police report of battery on a lady who ' claimed to be a .renter. Mrs. Francois was sworn in, her son interpreted for her. Mrs. Francois said her grandfather, who lives there was: out of town, and she let the lady stay therek.ecauseske had no place to go. The lady has since moved out. Mrs. Francois does understand that she is not to rent in the single family community. Mr. Stokesberry moved, in lightof circumstance of the case, and the fact that it is impossible to prove rental, the ease 'be dismissed with a strong admonishment to Mrs. Francois that Miami Shores Village is a single family community and renting of rooms is.not allowed. The motion was seconded by Mr. Royal. LaBarre and carried 5/1 with Mr. Asmus voting no-in:roll call vote. 5. HEARING, CASE NO. 001951 UNAUTHORIZED CONSTRUCTION/;ALTERATIONS 10075 BISCAYNE BLVD. OWNER..: DAN BARRIE TENANT: VACANT LOT Mr. LuBien introduced the case. Mr. Trumble presented the facts, that he and Mr. LuBien observed a dump • • • CODE ENFORCEMENT BOARD -3- 5/2/91 truck dumping fill in the vacant lot. Mr. LuBien told the driver that no none fill could be dumped and what was dumped must be graded on the lot. Mr. Barrie was sworn in and asked to see a copy of that section of the code being violated, Mr. LuBien explained, Mr. Barrie is out of order. A pool company dumped fill on his vacant lot and that cant be done in Miami Shores. The dumping continued in defiance of Frank LuBien with authorization from Mr. Barrie. The complaint came from the next door neighbor. The lot is now higher than the property on the east, west, and south. Mr. Barrie said the city left fill and trash -on his vacant lot 3 months ago when barricades in the neighborhood were going up. He stated he did. not buy the fill from the pool company, it was given to him. Also he insisted on showing pictures of his neighbors violations, and stated his lot is not above grade. Much discussion continued concerning the consistency of the fill, warnings given, no permit can be issued because the property is above grade. The charging of an Administrative fee was mentioned, and leveling off the vacant lot. Following continued discussion, Mr.'LaBarre moved for Finding of Fact, and Conclusion of Law, a violation exists to Sec 6-4, ordered that $110.00 Administrative fee be assessed, the motion was seconded by Mr. Stokesberry, and passed . by unanimous._ roll call vote. Mr. Barrie stated he will do whatever is necessary, he will go over Mr. LuBien to Gail Macdonald, Village Manager, appeal, but the Village will never collect from. him. 6. REQUEST 130B. RELIEF, CASE NO. 001748 ILLEGAL .VEHICLE PARKED 560 N. E. 103rd STREET OWNER: JACQUES LORENCEAU The case No. 001748 Not 1746 as indicated on the agendal was introduced by Frank LuBien. Mr, LuBien stated the balance on this case is $885.00 which. included.the $110.00 Administrative fee. Mr. Lorenceau.was sworn in. He stated that his mother died and he was in Haiti for three months, and was unable to attend the hearing. Further, Mr. Lorenceau noted, his cousin who owned the vehicle was in prison, and Nr.`Loreneeau was unableto move it. He replied to query that the fine had accumulated while he was out of. the country. •Mr. Rodriguez noted •the original. citation was written on 12/11/90. On 12/26/90 inspection revealed the°vehicle was still there. Since 11/4 months ago when Mr. Lorenceau returned to the states he has been in touch with Mr. Rodriguez, and has been very cooperative in trying to move the vehicle, The vehicle has been moved and the case closed 3/4/91:; • • CODE ENFORCEMENT BOARD -4- 5/2/91 Following further discussion concerning the fine,. Administrative fee, and Mr. Lorenceau's ability to pay, Mr. Henderson moved to maintain the Administrativefee of:$110.00. and reduce thefine to $387.50, the motion failed for lack of a second. Mr. Stokesberrymoved.that the.$110.,0.0. Administrative fee. remain, and the $775.00 fine be: waived. The motion was seconded by Mr. LaBarre, and passed by a roll callvote of 5/1 with Mr. Asmus dissenting. Mr. Asmus.explained to. Mr. Lorenceau that there. are two other orders of Administrative fees to be paid, on other cases, This brings the total he owes the. Village to $330.00. This amount must be paid as soon as possible. 7. HEARING, CASE NO. 001926, INOPERABLE VEHICLE ON PREMISES 260 N. E. 95th STREET OWNER: MICHAEL J. MAGUIRE Mr. Maguire was not present at the meeting. Mr. LuBien introduced. the case.wh.icb.was presented:by::r, Rodriguez. Mr. Rodriguez.stated.that there was a letter addres:sed'to:Mr, LuBien which requested a continuance which was granted and expired on April 22, 1991. The v2olation,continues. Mr. LaBarre moved 'for Finding of Fact, and Conclusion:of Law,_yiolation does exist.: -to .Sec 13T1, ordered that a$110,;.0.0 Administrative. fee be assessed, and if the violation is not corrected in,30.day., a fine of $25.,00 per day will become effective.. Mr. Stokesberry seconded the motion which passed unanimously. 8. HEARING, CASE NO. 001937 FAILURE TO OBTAIN AN. OCCUPATIONAL LICENSE 130 N, W. 103rd ST OWNER: EDWARD A. BLUN BERG Mr. Blumberg did not attend. the meeting. The case was introduced by Frank LuBien and presented. by'11r.: Rodriguez,.wbo stated, there has been no response to the notice that this residence is rental property. Mr. Henderson moved for Finding of Fact and Conclusion of Law that renting property without a license is in violation of Sec 14-17. Ordered that $110.00 Administrative fee. be assessed, and a $25.00 per day fine will go into effect in 30 days., the motion was seconded by lir. Caldwell and passed by unanimous vote. 9. HEARING, CASE NO. 001941 GENERAL UNSIGHTLINESS 141 N. W. 101st STREET OWNER: monorail, CUTIE • The case was presented by Mr. Rodriguez, citing the violations and re- quirement to correct same. • • CODE ENFORCEMENT BOARD -5- 5/2/91 Mr. LaBarre stated, he is familiar with this. property and there are numerous violations, also he knows it to be rental property. Mr. Stokesberry made a motion for Finding of Fact and Conclusion of Law a violation exists to Sec 10-1 of Miami Shores 'Village code, ordered that an Administrative fee of $110.00 be assessed and if the violation is not corrected in 30 days a fine of $25.0.0. per day becomes effective. Mr. Henderson seconded the motion which carried unanimously. 10. HEARING, CASE.NO. 001%5 INOPERABLE 'VEHICLE ON PREMISES 525 N. E. 93rd STREET OWNER: RUTH REEDER The case was introduced by Mr. LuBien, :Mr. Rodriguez presented the facts and passed around pictures of the violation. BY. Rodriguez said there are four vehicles on the property and he believes they are being repaired or restored.in the front. There is a problem because the vehicles have been there some time,. He also had a conversation with the owner and.explained the situation. Wheels have been placed back on one vehicle but no other action was taken. A motion was made. by.Mr. Henderson for a Finding exists, Conclusion of Law this is a violation of Administrative fee be assessed of $110,00., and a per day after 30 days, Themotion died for lack. of Fact aYvi.olation Sec 13-1, ordered an total fine of $25.00 of a second. A motion was made by BY, LaBarre for,a Finding of Fact . and Conclusion of Law a violation exists'to.Sec 13•-1, ordered an Administrative fee be assessed of $110.00,, and if the violation is not corrected in 30 days a fine of $100.00 per day becomes effective. 11. HEARING, CASE NO, 0019.58 FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE 10538 N, E, 4th. AVENUE OWNER: ROBERT J. BYERS Mr. Trumble went by the.h.ouse and found the premises overgrown _and an illegal sign,posted. Thesea*iolations-have been complied. with, but the person he talked .with said he. is renting. Certified mail sent. to. Mr.. Byers was returned unclaimed. Mr. Stokesberry made a motion a violation exists to Sec 14-17, ordered that an Administrative fee of $110..00 be assessed and if the license is not obtained in 30 -days a fine of $50.00 per day go into effect. The motion was seconded by Mr.. LaBarre and:passed unanimously, • • CODE ENFORCEMENT BOARD -6- 5/2/91 12. REQUEST FOR 'BELIEF CASE NO, 001420. INOPERABLE VEHICLE 10326 N. lAr. 1st AVE, OWNER: CAROLYN 3. FERNANDEZ, There was a letter in Members packet request for relief, but Ms. Fernandez was not at the meeting, Mr. LuBien had a phone conver- sation with her and she indicated she would attend. He could not explain her absence, but Will check. The meeting adjourned at 8:45 P.M. / ,48,4/ crei.ary