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08-01-1991 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 1, 1991 The regular meeting of the Miami Shores Village Code Enforcement Board was: held on August 1, 1991 at 7:30 P.M. at the Miami Shores Village Hall. The meeting was called to order by- the Chairman Barry K. Asmus, with the following members present: Barry K. Asmus, Chairman Margaret Burch Thomas J. Caldwell Royal D. LaBarre Daniel B, Owens John L.Stokesberry Absent: 0 D. Henderson, ITT & Frank.LuB,en, Dir. Code Enforcement Also present: Robert Rodriguez, Code Enforcement Inspector Richard. S. Trumble, Code Enforcement Inspector 1. MINUTES,- JULY 9, 1991 The minutes of the meeting of June 6,;.1.991 were approved by a motion made by Mr. LaBarre, seconded by -Mr. Caldwell, and passed unanimously. 2. REQUEST FOR RELIEF, CASE NO. 001958 FAILURE TO OBTAIN OCCUPATIONAL LICENSE 10538 N. E. 4th AVE OWNER: ROBERT J. BYERS Mr. Byers was sworn. in, as was Mr. Rodriguez and Mr. Trumble for their testimony of the evening. Mar, Trumble introduced the case and presented the facts. The violation is now corrected, but the Administration fee and the fine of $1,250.00 remain and it is this amount that he is requesting relief from. Other violations were corrected immediately. Mr. Byers noted he lives. in Ft. Lauderdale andwasunaware an Occupational License is required on rental property. He did obtain'one as soon as possible. Mr. Byers stated he was not ignoring the situation, but. works 6 or 7 days per week and had trouble getting to the Post Office to piek up certifiedmail. Mr. Caldwell made a motion, to waive thefine, but the.$110.00 Administrative fee must remain, The motion was seconded by Mrs. Burch. Mr. Owens did comment that Mr. Byers: did:act in good faith in correcting the Violation. The motion passed by a 5/1 vote, Mr. Asmus voted no. 3. REQUEST ,FOR ;RELIEF, CASE NO. 001661 VEGETATION GROWING OVER RIGHT-OF-WAY 893 N. E. 91st TERR OWNER: PHILLIP S. DAVIS Mr.. Davis was sworn in. The case was introduced and.presented by Mr. Rodriguez.,. who stated there was a misunderstanding as to how much cutting was necessary. After an inspection by he and Mr. Benton, Director of Public Works the -fine was reduced from $2,360.00 to $1,525.0.0 -which is the amounted the relief requested. Mr. Davis is in compliance and has been.for some time, There are no other problem, at the address. »ants noted that due to several uufortunate.eireumstances he was unable to take care of the situation immediately.. He clarified he Baas -out -of town awhile, and still lives at the above address, • • CODE. ENFORCEMENT BOARD NTG. -2- 8/1/91 Mr. Caldwell moved to waive the fine and.the paid $110.00 Administrative fee be the only charge. Mr. Stokesberry seconded the motion which resulted in a tie vote as follows: Mrs.. Burch No Mr. Caldwell Yes Mr. Stokesberry Yes Mr. LaBarre No Mr. Ovens Yes Mr, Asmus No Mr. LaBarre moved that the paid.AeMmtnistrative fee of $110.00 remain and a $50.0.00 fine be assessed. Motion was seconded by Mrs. Burch. In comments Mr. Rodriguez stated Mr. Davis had been very cooperative and Mr. Davis clarified his position, and again noted that the $110.00 Achre.nistrative cost had been paid. The motion failed with a unanimous, roll call., NO vote. Mr. Caldwell moved to waive all but .$50;00 of the -fine, the $110.00 Administrative fee has already been paid. Mr. Stokesberry seconded the motion which passed by a 5/1 roll call vote. Mr, Asmus voted no. Mr. Davis made a statement commending the Board for their efforts and thanked all the Members for professionalism, 4. HEARING, CASE NO 0020.67 WEATHERTIGHT & WATERTIt Lit . STRUCTURES 262 N. E. 98th STREET OWNER: MALCOLM N, CAMPBELL Mr. Campbell was sworn in. Mr. Trumble introduced the case and presented it. He stated a 30 day extension was granted, but the violation is still not corrected. Mr. Campbell stated he bought the house in 1955 and never had a problem. Hehas paid for the work, the man: did notreturn to complete the job and he has been unable to locate him. He is financially unable to have the work com- pleted,.and needs an extension of time, so as to obtain an additional loan to pay -for the work. He has anew person lined up to start the job next week. Mr. Stokesberry moved to postpone the case and hear it at the September meeting. The motion was seconded by Mr. LaBarre and carried by unanimous roll call vote. 5. HEARING, CASE NO, 0.02152 COMMERCIAL.VEHICLE IN RESIDENTIAL ZONE 10055 BISCAYNE BLVD OWNER: PATRICK DENTIC0 Jane Dentico was sworn in, She had with her an attorney &.court reporter. Mr. Trumble presented the case. Members review pictures of the violation. Mr, Trumble stated it is now in compliance, having been moved the same day. Mr. Samuel Reiner, attorney for_ Mrs.. Dentico requested: the. violation. be discharged, as the. violationis now corrected ,In discussion, Mrs..'Dentico stated the dump truck is kept at'1405 N.. E. 129th, Street. The.violation received in 1988 was there to do work, for which she held.a permit. Mrs..Dentico stated that that case was dismissed. In response to query,:Mr, Trumble stated he_ received a complaint. Following further discussion., Mr, Stokesberry moved to dismiss the case since compliance.. has been met, Mr.. LaBarre seconded the -motion, which passed by a unanimous- roll call vote, CODE ENFORCEMENT BOARD MTG, 411 6. HEARING, CASE NO, 002151 LACK OF OFF STREET PARKING 10Q55 BISCAYNE BLVD. OWNER: PATRIC DENTICO • • -8- 8/1/91 Mr. Trumble presented the case and passed around pictures of the. viola- tion. He stated that no one is.. parked on the lawn now. Mrs.-Dentico noted i.t was her sister's.car who parked. on the lawn while visiting. She does now understand the violation, Mr. Samuel Reiner requested the violation be dismissed, In discussion, Members stated it is not a first offense and 17rs., Dentico or guests.. could, parkin. the driveway where there is room for 3 or 4 vehicles. Following continued discussion, Mr.. LaBarre moved to dismiss the case, seconded by Er, Stokesberry., the motion carried by a 5/1 roll call vote, Mrs. Burch. voted no. 7. HEARING, CASE NO, 002202 UNAUTHORIZED. CONSTRUCTION /ALTERATIONS 405 N. E. 99th STREET OWNER: MICHAEL ! ZOROVICH Er. Zorovich.was sworn in. Mr, Trumb.le presented:the case and.pass.ed,pictures of the. deck to Members. He stated correction of the violation is being worked on. Mr. Zorovich noted,: -the deck has been in"place since 1950. Tt is being replaced only. Mr. Grau is drawing up plans to comply with request from Frank LuBien. Mr. Caldwellmade a motion to table the case to the next meeting. The motion was seconded by Mrs. Burch, and it passed by a 5/1 roll call vote. Mt. Stokesberry voted no. 8. HEARING,;, CASE NO, 002224 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 1116 N. E. 92nd STREET OWNER: NICHAEL SALMSG Mr. Salzverg was sworn in. Mr. Rodriguez presented the case and passed around pictures of the violation. The chain link fence, wood fence exceeded. height ltmi tations., and the concrete slab is beyond the setback line.. Mr. Salzverg is a new resident of Miami Shores and was ,notaware a permit is required' for, this work. Mr. Salzverg stated he had thought about applying fora variance, but was advised.against it. by Mr. LuBien. Er. Rodriguez in response to query, stated the fence is being cut to height limit and the concreteis stored and ready to be cut. All this requiresexpert labor. Mr.Salzverg did obtain a permit for the work, before the compliance date of 7/25/91. Mrs. Burch made a motion to dismiss the case, seconded by Mr, Stokesberry. The motion was amended to table the case to the next meeting. Mrs. Burch. and Er. Stokesberry both accepted the amended motion.and it carried unanimously. • • CODE ENFORCEMENT BOARD MTG. -4- 8/1/91 9. HFARTNG, CASE N0,001955 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 897 N. E. 91st TERN OWNER: ROBERT C. HANNA. Mr. Rodriguez explained.tliat there is a meeting tomorrow (Friday, 8/2/91) with the Village Manager and the Task Force, it is hoped the issue will be resolved at that time.. Mr. Rodriguez will be in contact with Bob Blum, President of the Task Force, Mr. Stokesberry moved to table the case to the September meeting, the motion was seconded by Mr. LaBarre, and carried unanimously. 10. HEARING, CASE N0. 002173 UNSIGHTLY FASCIA, SOFFIT, HOUSE MERT(4R. 445 N. E. 93rd ST. OWNER LYNNE PRICE TENANT.: F. BANCROFT JOHNSON Mr. Rodriguez presented the case. Neither Lynne Price nor F, B. Johnson was at the meeting, Mr. Rodriguez noted, he had no communication with the owner or the tenant. The violation. continues to exist. Mr. LaBarre moved, there is Finding of Fact, and Conclusion of Law that there is a.violation of Sec 12-133., 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 becomes effective. Mr. Stokesberry seconded the motion which passed unanimously. 11. HEARING,, CASE NO. 002186 INOPERABLE VEHICLE ON PREMISES 98 N. W. 98th STREET OWNER: SHELDON COLLIER Mr. Rodriguez presented the facts of this violation. Mr. Rodriguez feels Mr. Collier is playing with days and time., Members reviewed. pictures of the violation. A motion was made by _Mrs. Burch for Finding of Fact and. Conclusion of Law, a violation exists to Sec 13--1of the Miami. Shores Village Code, ordered that $11Q.00 Administrative fee be assessed, and .$25,00:per day if the violation is not corrected:in 30 days,' The motion was seconded by Mr, Stokesberry, Following discussion that Mr, Collier, is making a mockery of the Code. Enforcement Board, and a message Should be. sent to, him., Mr.Caldwell offered an amendment to assess $250.00 Administrative fee and $25.00 per day after 30 days, Both Mrs. Burch and Mr. Stokesberry accepted the amendment and it carried by unanimous vote. 12. HEARING, CASE NO. 002222 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 428 N. E. 91st STREET OWNER: LUIS CARAZO Mr. Rodriguez presented: the ease. He stated as. of inspection this morning the violation still exists.. Members looked at pictures of the violation, He stated the house appears to need some TLC. • • • CODE ENFORCEMENT BOARD MTG. -5- 8/1/91 Mr. LaBarre moved for Finding of Fact, a violation exists, Conclusion of Law this is a violation of Sec 12-133, ordered that an Administrative fee of $110.00 be assessed and $25.00.per day if the violation exists after 30 days. Mr. Stokesberry seconded the motion, which carried unanimously. The meeting adjourned at 8:45 P.M.