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07-09-1991 Regular MeetingCODE ENEQP.cEMENT BQA13111WITTA44EFUNG JULY 9, 1991 The regular meeting of the Miami Shores Village Code Enforcement Board was held on July' 9, 1991 instead of July 4, 1991, at 7,3O.P,M, at the Miami. Shores Village Nall,. The meeting was called to order by Tice:Chairman, Owen Henderson, with -the. following members preaent; Owen D. Henderson, 11 , Wice Chairman TS:omas j, Caldwell, Margaret Barch loyal D, LaBarre 'Daniel B. Owens John. L. Stokesberry Absent, Barry K. Asmus, Chairman Also. present: Frank. LuBien, Director of Code Enforcement Robert Rodriguez, Code Enforcement Inspector Richard S. Trumble, Code Enforcement Inspector 1. MINUTES - June 6, 1991 The minutes of the meeting of June 6, 1991 were approved by a motion made by Mr, Stokesberry, seconded by Mr. Caldwell, and carried unanimously. 2. REQUEST FOR RELIEF, CASE NO, 1420. INOPERABLE VEHICLE ON PREMISES 10326 N. W. 1st AVE, WM. R. SHEPARD Mr. Shepard was sworn in. Mr. LuBien, Mr. Rodriguez, & Mr, Trumble were sworn in for their testimonyfor the evening. Mr. LuBien introduced the case and stated the vehicle has_ been removed. Mr. Trumbleagreed that it has been moved. Mr. Shepard explained the unique circumstance whi h.caused the delay and readhis letter to Mr. LuBienA request- ing relief. Mr. Stokesberry commented that in light of the cir_numstance in the case and the Code Enforcement Workshop., he moves to have the Administrative fee of $110.0.0 stand and waive the fine, Themotion wasseconded by Mr. LaBarre, and passed by unanimousrollcall vote. 3. REQUEST FOR 'RELIEF., CASE NO, 1962 INOPERABLE VEHICLES OWNER: MICHAEL J. MAGUIRE., 260 N. E. 95th ST. Mr. Gaguire was sworn in. Mr. LuBien introduced the case. Mr..Rodriguez presented .the case stating, there is a letter from:Mr.. Maguire in Members packet, The violations have been corrected and Mr. Maguire,is in compliance, in resopnse to Mr. Caldwell, Mr. Maguire explained the circumstance. and the reason why -;he did not attend the meeting as required in May. He is requesting relief of the Administrative fee of $110.00: and a refund, since this has already been paid. Mr. Stokesberry explained.the.$110.00 Administrati've..fee,. He then moved to deny the. appeal, seconded..,by Mrs Burch., .. the motion passed 5/1 with. Mr. Owens voting No, 4. HEARING, CASE .1 1955 UNSIGHTLY ,FASCIA, SOFFIT, HOUSE EXTERIOR OWNER: 'ROBERT C, HANNA, 897.. N. .E, 91st TER, Mr. LuBien introduced the case, the facts were presented'by Nr, Rodriguez, CODE ENFORCEMENT BOARD MTG. -2- 7/9/91 who noted that he had been unable. to reach. the Chairman of the Mayor's Task Force to recommend.. this case to them, Compliance still has not been met. Mr. Hanna was sworn in, Mrs. Burch,moved that thecase be,postoneed to next month to allow Mr. Rodriguez time to contact the Chairman of the Task. Force, motion: was seconded by Mr. Stokesberry, and .passed unanimously by roll call :vote. 5. HEARING, CASE .1 2134 INOPERABLE .VEHICLE ON PREMISES OWNER: PAITL M, PLECZEN, 67 N. W. 97th ST The case was introduced by Mr, LuBien, Mr. Rodriguez stated that Mr. Pleczen had been fin touch with„ him, the auto has been removed. Mr.,Pleczen was sworn in. He stated the vehicle is now in a friends garage. Further the '57 DeSoto is like a companion to him and it does need a current tag. Mr. LaBarre made a mot,i.on for Finding of Fact & Conclusion of Law, a violation existed. This was a violation of Section 13.1, ordered that a $110.00 Adminis- trative.fee be assessed,: The motion was seconded by Mr. Stokesberry and passed by unanimous roll call vote. 6.. HEARING, CASE .2138 UNAUTHORIZED CONSTRUCTION/ALTERATION OWNER: FENELON AMAIN, 116.0 N, E. 102nd ST Mr. LuBien introduced thecase, and.Mr..Trumble presented .the facts. A permit has been obtained, but ,the work is not yet done. Mrs. Audain was sworn in. She.. testified the garage door was in very poor condition:when they bought the house, her husband'.put in'the sliding glass door. Further that her husband attendsschool and it will take awhile to put a garage door back on. A motion:was made by Mr, LaB,arre_fax Finding of Fact &Conclusion of Law a violation does exist to Sec 6-4,'.ordered that an Administrative fee of $110.00 be assessed,, and- that"if the violation is not corrected in 60 days, a fine of $25.00. per day' goes into effect. Mr. Stokesberry seconded the motion which passed by unanimous roll call vote. 7. HEARING, CASE X2152 HEARING, CASE NO. 2151 COMMERCIAL -VEHICLE IN RESIDENTIAL ZONE LACK OF OFF STREET PARKING OWNER: PATRICK•DENTICO, 10055 BISCAYNE BLVD Members received a copy of the letter from Patrick Dentico stating that the representing attorney has a. conflict with this date, and Mr. Dentico requested the hearing on another date. Mr. Owens moved.that,these.two cases. be postponed to next months meeting, Mr. Stokesberry seconded the. motion'which_..passed by'unanimous-roll call vote. 8. CASE 1 2157 FAILURE TQSaNTAIN 'ARKWAX OWNER: JOSE GROSSO, 130. N -q, E. 98th: STREET Members listened to an. overview of the four violation cases against .lose. Oros:so, and ruled on each, case individually, Mr, Rodriguez showed pictures of this case and_,ease. #2.161. Mr. & Mrs. Grosso were sworn tn. Mrs. Gr©sso'stated it is her job. to maintain the house. CODE. ENFORCEMENT BOAS MTG. -3- The grass has been cut and so this violation te. corrected, 7/9/91 Mrs. Burch moved to.dismiss this case,, seconded by 1. Stokesberry, and passed by unanimous roll, call vote, 9. HEARING, !SASE :121;5.8 URA . ,. *BRED T0mGE OF MATERIALS OWNED: JOSE GROSSO, 130`N, E. 98th. ST, Facts of the.violation were. presented - by Mr, Rodriguez, who stated, the materials •are still there, Mr. Grosso agreed, but stated that it is not visible. He moved into an apartment and.bas:no place to store the. materials, ?jr, Owens moved that •tkiere';i:s .Finding of Tact e ,Vidlation does exist, Conclusion of Law, this is a violation of Sec 501 •CIC)Z 10-1, ordered that $110,.00 Administrative.fee be assessed and $25,00. pet day fine• after 30 days,. The. motion died for. lack. of a second, Mr,,.O ens moved `that there Is Finding of Fact, a violation,. exists to Sec 501 OKI -10-4, ordered thaat...:$110, 00 Admin- istrat ve.fe.e. be assessed,,and.$25,00,per day after 60 days, Mr. Stokesberry seconded -the. motion., and •it carried by unanimous roll call vote, 10.. -CASE 1216.0, FAILVREJOOBTAIN.00CUPATIONAL.LICENSE OWNER: JOSE GROSSO:, . 7' 30 . N, E, 98th ST. , Mr. Rodriguez in presenting the facts stated this: is a rental without an Occupational License, Mr, Grosso expressed no knowledge of need for an Occupational License for rental, Mr, Stokesberry made a motion.that a violation exists and if a.. license is not obtained in 3O.days:, a fine of $25,00 per day will become effective. Mr. Caldwell seconded the motion and it passed by unanimous roll call vote.. 11. HEARING, ' CASE 12161 INOPERABLE VEHICLE ON PREMISES OWNER: JOSE GROSSO, 130 N. E.. 98th ST. Mr. Rodrtgue.z presented_ the facts of the case, he stated the violating vehicle has been moved, also, all of these violations were.written at the same time. Mrs. Burch..moved to dismiss this case, seconded by:Mr. Daniel Owens, and carried by unanimous roll call vote. 12. HEARING, CASE NO. 002170. COMMERCIAL VEHICLE IN RESIDENTIAL ZONE OWNER: VIOLA NICKLAS, 1201 N. E. 96th ST. Mr. LuBien introduced the case.. Mr..-Trumble presented the facts, stating that he. was not in compliance as .of June 27, 199]. or today. Daniel Nickles was sworn in to speak for •his mother... He stated the•commercial vehicle belongs to a visiting friend and. is•parked there temporarily while, his friend looks for a place. to •stay, lir. Eenderson explained -the 1 .ami Shores'Village Code to Mr. Ncklas-, A motion was -made. by Mr. Stokesberry that there is Finding of Fact, a viola- tion exists, Conclusion of Law this i.s a. violation of the Schedule of Regulations, ordered that an. Administrative fee of $110,00 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, LaB`arre and passed by unanimous roll call vote. CODE ENFORCEMENT BOARD MTG. -4- 7/9/91 13. CASE NO, 002171 FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE OWNER; DYNATECR_ Q 4BOLD BADER1 9628 N, E, 2nd AYE The case was introduced, by rank LuBien„ Mr, Rodriguez who presented the facts, stated there is still no .Occupational L±eense, Mr, Harold Bader, owner of the Iius ness was sworn in & stated he has a license for Traveland Inc, at that address but is in the process of moving this business out of Miami Shores, In response to query, lair. Rodriguez noted this came to his attention as the result of a legal matter which he could not discuss, When he asked to see the President of Dynatech, he was introduced to Mr. Bader, Mr, LuBien stated that a business- is operating at that address and a licenseis required. Mr. LaBarre moved for .Finding of Fact and Conclusion of Law, a violation exists to Sec 14-17, ordered that $110,00 Administrative fee be assessed, and $25,0.0 per day fine after 30: days. Mr. Stokesberry secondedthe, motion. Mr. Bader objected, commenting Dynatech:does not operate there and thereis no evidence that it does, The 'vote was called and the motion carried by unanimous roll call vote. 14, CASE NQ, 0:01949. FAILURE' TO MAINTAIN SIDEWALK OWNER: MICHAEL ALERANDER'ELVIS, 145 N. E ,95th ST, Mr. LuBien introduced ,tile. case•,, Hnielacts as presented by Mr, Rodriguez, an extension was -.granted, inspection on.6/3/91 revealed..the.violation continues to exist, Members reviewed photographs,- Mr.. Rodriguez stated., Mr. Elvis has tenants who refuse to comply. with 2'J,affii. Stores_ 'pillage Codes, Mrs, Third made a motion for Finding of Fact a violation exists, Conclusion of Law this ts a violation of 20-31,. ordered that $1:10.00 Administrative fee be assessed, and if the. violation its not ,corrected in 30 days .a fine of $25,00 per . day will be levied,, The.motion Was seconded by:Mr, Owens, and carried unanumously, 15, CASE NO, 002009 UNSIGHTLY-. FASCIA, SOFFI'T,'HOUSE EXTERIOR OWNER; .JACQUELINE FROBBOSE, 9305 N. E. 9th Ave. Mr. LuBien introduced the case. Pictures were reviewed as Mr. Rodriguez presented the facts, He stated he has been in contact with Mrs. Frohbose, but this. job has been going on about (2;1 years) too long. Mrs. Burch also reported there is also a business truck parked there on weekends. Mr.. LaBarre moved for Finding ofFa.ct a violation exists, Conclusion of Law, this is a violation of Sec 12-1330 ordered that 'an Administrative fee of $110.00 will be assessed, and a fine of $25,00 per day if not completed in 30 days. The motion was seconded by Mrs, Burch, and carried unanimously. 16. CASE NO, 002002 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR OWNER: ROBERT BIRDWELL, 9333°No Miami Ave, The case was introduced by 'Mr, LuBien, Members' reviewed pictures as Mr. Rodriguez,. presented the. facts, % stating no workhas been done, and as of today Mr. Birdwell was still not in compliance, Mrs, Burchmoved for Finding of. Fact & Conclusion of Law, a violation does exist, ordered that $110,00 Administrative fee beassessed and if not corrected in 30 days, a fine of $25.00 per day kicks in. Themotion was seconded by Er. LaBarre, and carried unanimously, CODE ENFORCEMENT BOARD 2NTG -5- 7/9/91 17. HEARING, CASE NO, 002127 GENERAL. UNSIGHTLINESS OWNER, SHEILA, E, 1 ONS'UE., 186:. N, W, 1O.8th ST The. caste was introduced by $r, LvBten and ppessented,`hTlIr. Trumble, who stated compliance has been met,. Mr. Stokesberry-moved to dismiss the case, seconded by yrs. Burch., and carried unanimously, 18. HEARING, CASE NO, 00.2143. UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR OWNER: LEON ROLLE, 520 N. E, 96th. ST Mr. LuBten introduced the case, and stated neither fir, nor Mrs. Rolle could attend this meeting, and she asked for an extension of time, Mr. Rodriguez noted there:. are a number 'of:problems at this residence. Members were not in :favor of granting any extensions because of the many violations existing on, this very 'visible corner of, Miami. Shores, Mr. Stokesberry made emotion for Finding. of Fact .& Conclusion of Law a violation exists to Sec. 12-133, an Administrative fee of $110.00. be imposed, and if not corrected in 6(1 days; a $25.00 per day fine becomes effective, Mr. Caldwell seconded the motion whieh, passed unanimously, 19. CASE NO, 002181 INOPERABLE VEHICLE ON PREMISES OWNER: RICHARD KALESNIK, 102 N. W. 109th. St, This case was ? ntxoduced by:Mr. LuBBten. Mr, Trumhle presented the facts, stating the vehicle is still there., Mr, LaBarre moved for Finding of 'Pact a violation does exist, Conclusion of Law, this is a vie latton of Sec 13-1, :ordered that an Administrativefee of $110,00 be assessed, and..tf the vehicle is not moved in 30 days a fine of $25,00 per day will kick in, 1r, Stokesberry seconded the motion which passed by unanimous vote. The meeting a,d j ourned . at 9:00 Cleo (etary