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06-06-1991 Regular Meeting• • • CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 6, 1991 The regular meeting of the Miami Shores Village Code Enforcement Board was held on June 6, 1991 at 7:30 pm at the Miami Shores Village Hall. The meeting was called to order by Chairman Asmus with the following members present: Also Present: Owen Henderson Thomas Caldwell John Stokesberry Daniel Owens Margaret Burch Royal Labaree Frank LuBlen, Director of Code Enforcement Robert Rodriguez, Code Enforecement Inspector Richard Trumble, Code Enforcement Inspector 1. MINUTES - MAY 2, 1991 The minutes of the meeting of May 2, 1991 were approved by Mr. Stokesberry, seconded by Mr. Henderson and carried unanimously. 2. REQUEST FOR RELIEF,CASE NO. 1420 INOPERABLE VEHICLE 10326 NW 1 AVENUE OWNER: CAROLYN J. FERNANDEZ Mr. William Shepard explained that the Inoperable vehicle was due to the fact that he was married to Ms. Fernandez and has since gone through a divorce and the car was given to Ms. Fernandez In settlement but there has been a failure to communicate with Ms. Fernandez and himself and the vehicle became Inoperable. Mr. Caldwell made a motion to table this Issue and revisit It at the next Code Enforcement Board meeting. The motion was seconded by Mr. Stokesberry and passed unanimously. Mr. Asmus asked to amend the motion that the car should be removed within 30 days and to be considered at the next meet - Ing. Mr. Stokesberry accepted the amendment and the motion passed unanimously. Mr. Asmus advised Mr. Shepard to remove the car within 30 days and notify Mr. Lublen when it Is removed. 2. HEARING, CASE 2090 HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 10001 North Miami Avenue Owner: Joyce Lally Held Mr. Rodriguez presented the case to the Board in supplied a picture of the violation that was not In compliance as of the compliance date of May 24, 1991. Ms. Held explained that the • • • neage was now In compliance and that a professional gardener would be doing additional work In the coming week. Mr. LaBarre moved for Finding of Fact the violation did exist conclusion of Law of Section 518-A and ordered a $110 Ad- ministration Fee. The motion was seconded by Mr. Caldwell and carried with the voting as follows: Mr. Stokesberry, Mr. Owens, Ms. Burch, Mr. LaBarre, Mr. Asmus YES; Mr. Caldwell, Mr. Henderson NO. 3. HEARING CASE 1972 NON -FAMILY OCCUPANCY 10611 NE 11 COURT OWNER: W. RUSSELL MORRIS Mr. Lechtner, a tenant at the location, advised the Board that Mr. Morris was out of the country and that he Just be- came aware of the violation. Mr. Morris Informed the tenants that they had to leave the premises by July 18 and Mr. Lechtner was at the meeting to Inform the Board of Just that. Mr. Owen moved for a Finding of Fact and conclusion of Law that a violation does exist by 216 and ordered that a $110 Administration Fee and If not complied with within 30 days a $25 a day fine be assessed. The motion was seconded by Mr. Stokesberry. The motion was amended by Mr. Caldwell to extend the time limit to 45 days In order to come Into com- pliance, Mr. Stokesberry agreed to the amendment and carried with Mr. Asmus voting NO In a roll call vote. 4. HEARING CASE 2005 BUSINESS FROM RESIDENCE 56 NW 93 STREET OWNER: CHARLES MCDOWELL Mr. Rodriguez presented the case to the Board. He stated that he was at the location on a complaint of another nature when he noticed that the owner had on the premises a short CB radio, file cabinets, computer and other Indications of a business being operated from the residence. Mr. Rodriguez in- formed Mr. McDowell at that time that It was Illegal to run a business from the home and presented Mr. McDowell with a citation on April 22, 1991 with a compliance date of May 7, 1991 and as of this meeting, Mr. McDowell Is not In com- pliance. Mr. McDowell explaned he Is in the process of moving the business to a new location and uses the residence for storage until he closes the deal at the new location. Mr. Henderson moved for Finding of Fact that there Is a vio- lation of running a business on a property and an Adminis- trative fee of $110 be assessed and If the business dose not cease within 30 days a fine of $50 per day be levied. Mr. LaBarre seconded the motion passed by a unanimous roll call vote. Mr. Asmus instructed Mr. McDowell to notify Mr. Lubien of his new location within the 30 days allowed and supply the Village with a copy of his occupational license at the new location. 5. CASE 2008 FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE. 56 NW 93 STREET OWNER: CHARLES MCDOWELL • Mr. Stokesberry made a motion to dismiss case *2006. The motion was seconded by Mr. Caldwell and passed unanimously. 6. CASE 2135 COMMERICIAL VEHICLE IN RESIDENTIAL ZONE 56 NW 93 STREET OWNER: CHARLES MCDOWELL Mr. Henderson made a motion to dismiss case *2135. The motion was seconded by Mr. Stokesberry and passed unanimously. 7. CASE 1983 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 806 NE 97 STREET OWNER: EDWARD L. HARKRADER, JR. Mr. Harkrader stated that he was not aware that he needed a permit to install $40 windows. Mr. Lubien stated that a permit was necessary whenever the value exceeds $100 (the value Includes labor, material etG.). Mr. Stokesberry made a motion that there be a Finding of Fact that a violation does exist and that Is violation Is an infraction of Section 6-4 of the Village Code and that an Administration of $110 be assessed and that if not corrected within 30 days a $25 a day fine be levied. The motion was seconded by Mr. Henderson and passed by unanimous roll call vote. 8. CASE 1984 INOPERABLE VEHICLE ON PREMISES 806 NE 97 STREET OWNER: MR. EDWARD L. HARKRADER, JR. Mr. Hardrader stated that the Inoperable vehicle was to be restored but he had not be able to as yet. Mr. Labarre moved that there be a Finding of Fact that a violation does exist and that Section 13-1 Is not corrected within 30 days a $25 a day fine be levied and a $110 Administration fee be assessed. Mr. Henderson seconded the motion and the motion failed to pass with a 6/1 vote with Mr. Asmus voting YES. Mr. Caldwell made a motion to give Mr. Harkrader 30 days to come Into compliance and at that time give a $50 a day fine until Mr. Harkrader comes Into compliance. Mr. Henderson seconded the motion and passed by unanimous roll call vote. 9. CASE 1737 • REQUEST FOR RELIEF 147 NW 109 STREET • • • UYNCK: AMCK1r1K51 Mr. Lubien stated that Amerlfirst obtained the property through foreclosure and the violations occurred during that transition period. Ameriflrst has compiled with the violations but requests the Board waive the Administration fee and fine. Mr. Stokesberry made a motion to waive the Administration fee and fine. Mr. Caldwell seconded the motion and passed after roll call vote. 10. CASE 1885 REQUEST FOR RELIEF 147 NW 109 STREET OWNER: AMERIFIRST Mr. Henderson made a motion to wave all fines and Adminis- trative fees. The motion was seconded by Mr. Caldwell and passed on a roll call vote. 11. CASE 1940 UNLAWFUL ROOFING MATERIALS 137 NE 106 STREET OWNER: FRITZNER DECASTRO Mr. Trumble stated that the present owners of the property purchased the home with the roof unfinished and that once the roofer realized that they were new owners, he didn't finish the job and that the new owner bought the home with the existing problem. Mr. Labarre moved for Finding of Fact that there Is a vio- lation and Section 225 and order an Administration fee of $110 and $25 a day fine if not corrected in 30 days. Mr. Henderson seconded the motion and passed unanimously. 12. CASE 2010 INOPERABLE VEHICLE ON PREMISES 875 NE 93 STREET OWNER: GREGORY HOFFMAN Mr. Rodriguez stated a citation was written on 4/22/91 with a compliance date of May 7, 1991 and reinspection on 5/8/91 and the vehicle Is stili there. Mr. Rodriguez also stated that this Is a repeat violation. Mr. Labarre moved for Finding of Fact, and Conclusion of Law, a violation exists to 13-1 and order an Administration fee of $110 and $50 a day fine If not moved within 30 days. Ms. Burch seconded the motion and passed unanimously. 13. CASE 2024 NON -FAMILY OCCUPANCY 174 NW 100 STREET OWNER: LORIS LEMORIN Mr. Rodriguez stated the citation was written on 4/25/91 with a compliance date of May 10, 1991 a reinspection on same date found resident not In compliance. • • Mr. Stokesberry moved for Finding of Fact, a violation does exist to Section 216 of Village Code and an Administration fee of $110 be assessed and If not corrected within 30 days a $50 a day fine be assessed. Mr. Henderson seconded the motion and passed unanimously. 14. CASE 2032 NON -FAMILY OCCUPANCY 10528 NW 2 AVENUE OWNER: EDNER ETIENNE Mr. Trumble stated the citation was written on 4/25/91 with a compliance date of May 10, 1991 and that the violation Is not within compliance. Mr. Labarre moved for Finding of Fact, a violation does exist to Section 216 of Village Code and an $110 Administration fee be levied and $50 a day fine If not corrected within 30 days. The motion was seconded by Ms. Burch and passed unanimously. 15. CASE 2046 INOPERABLE VEHICLE ON PREMISES 225 NW 92 STREET OWNER: REYNALD EMILE & ELIPHETE FEDE Mr. Rodrigues stated a citation was written on 4/29/91 with a compliance of May 14, 1991. A reinspection was made on 5/16/91 and the vehicle was not removed. Mr. Labaree moved for Finding of Fact, a violation does exist to Section 31-1 and ordered an Administrative fee of $110 and If not corrected within 30 days $50 a day fine be assessed. Mr. Burch seconded the motion and passed unanimously. 16. CASE 2051 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 225 NW 92 STREET OWNER: REYNALD EMILE & ELIPHETE FEDE Mr. Rodriguez stated a citation was written on 4/29/91 with a compliance date of 5/29/91. Mr. Rodriguez stated that he was unable to gain entry In the garage area to verify that the construction was taken down and as of 6/6/91 the residents are not in compliance. Mr. Lubien stated that upon his Inspection, it was determined that the resident has converted the garage area into living quarters. Mr. Stokesberry moved for Finding of Fact, a violaiton does exist to Section 6-4 of the Village Code and an Administra- tion fee of $110 be assessed and If not corrected within 30 days a $50 a day fine be assessed. The motion was seconded by Mr. Henderson and passed unanimously. 17. CASE 2053 NON -FAMILY OCCUPANCY 225 NW 92 STREET OWNER: REYNALD EMILE & ELIPHETE FEDE Mr. Rodriguez stated a cltatlon was written on 4/29/91 with a compliance date of May 14, 1991. The resident has not sup- plied proof of family members living in the residence. Mr. Owens moved for Finding of Fact, and Conclusion of Law, a • violation does exist to Section 216 of the VIIIage Code and $110 Administrative fee be assessed If not compiled within 30 days and $50 a day fine. The motion was seconded by Ms. Burch and passed unanimously. • • 18. CASE 2112 GENERAL UNSIGHTLINESS 142 NW 93 STREET OWNER: MIKE YURKE Mr. Rodriguez stated a cltatlon was written on 5/14/91 with a compliance date of 5/29/91. A reinspection was made on 5/30/91 and the resident is not in compliance. Mr. Labarre moved for Finding of Fact, and Conclusion of Law, a violation does exist to Section 10-1 of Village Code and an Administration fee of $110 be levied and If the violation Is not corrected within 30 days a $50 a day fine be levied. The motion was seconded by Mr. Caldwell and passed unanimously. 19. CASE 2113 INOPERABLE VEHICLE ON PREMISES 142 NW 94 STREET OWNER: ULRICK REMONVIL TENANT: RICHARD J. LOPEZ Mr. Rodriguez stated a citation was written on 5/15/91 with a compliance date of 5/30/91. A relnspectin was made on May 30, 1991 and the resident is not in compliance. Mr. Owen moved for Finding of Fact, and Conclusion of Law, that a violation does exist to Section 13-1 of VIIIage Code and $110 Administration fee be levied If not compiled with within 30 days a $25 a day fine be assessed. Mr.Stokesberry seconded the motion and passed unanimously. 20. CASE 2120 INOPERABLE VEHICLE ON PREMISES 184 NW 97 STREET OWNER: ROBERT L. HOBBS Mr. Rodriguez stated a citation was written on 5/15/91 with a compliance date of 5/30/91. A reinspection was made on 5/30/91 and the resident is not In compliance. Mr. Labarre moved for Finding of Fact, and Conclusion of Law, that a violation does exist to Section 13-1 of VIIIage Code and $110 Administration fee be assessed. Mr. Caldwell seconded the motion and passed unanimously. Mr. Lubien brought to the Board's attention that the next meeting would be on July 4, 1991 and that that would not be convenient. Mr. Stokesberry made a motion to change the meeting date to Tuesday July 9, 1991 at 7:30 pm. Ms. Burch seconded the motion and passed unanimously. Mr. Henderson stated to the Board that the Mayor's Task Force • Is once again enacting the Neighbor Helping Neighbor policy for the senior citizens throughout the Village and If there were any questions regarding the procedure, to contact him or the Mayor's Task Force. Meeting adjourned 9:15 pm Secretary, • • d%/