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11-07-1991 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 7, 1991 The regular meeting of the Miami Shores Village Code Enforcement Board was held on November, 7, 1991 at 74.35 P.M. at Miami Shores Tillage Hall, The meeting was called to order by Vice Chairman, Mr. Stokesberry, with the follow- ing members present; John L. Stokesberry, Vice Chairman Margaret Burch Thomas J. Caldwell Owen D.,Henderson Daniel B. Owens �-` John A. Patnik, Jr, �,p�ry 4 , Also present: Frank LuBien, Director of Code Enforcement Richard Trumble, Code Enforcement Inspector Pierre Roche, Code Enforcement Inspector 1. MINUTES - OCTOBER 3, 1991 The minutes of the meeting of October 3, 1991 were approved by a motion made by Mr. Caldwell, seconded by Mrs. Burch, and carried unanimously. Mr. Barry Asmus arrived at this point, and proceeded with the meeting. 2. REQUEST FOR RELIEF: CASE NO. 001941 GENERAL 'UNSIGHTLINESS 141 N. W. 101st ST. OWNER: MABISABEL M, CUTIE Nr. Guillermo A. Cutie was sworn in, Mr. LuBien, Mr. Trumble, and Mr, Roche also were sworn in for their testimony of the evening. Mr. Cutie announced he was appearing on behalf of his sister, Marisbel 'M, Cutie, who wasin an auto accident in March. She has been in the hospital since, and is now in Jackson Memorial Hospital, brain damaged. The house is being taken over by Sears Mortgage Co. Mr. LuBien noted the Board may waive the Administrative fee and fine, but Mr. Cutie'must seek relief for lot clearing from the Village 'Manager. Mr. Asmus review records issued by the :division of Highway Safety and Nehicle4and the 'Medical records on March 16, 1991 for Marisabel Cutie, wbicb.. are in order, Mr. Cutie indicated he can submit doctors letters and additional Medical records if need be. Mrs. Burch moved to waive the $110,00 Administrative fee and the $750.00 fine, the motion was seconded by Mr. Stokesberry and passed unanimously, Mr. Asmus.explained the Boards action to Mr, Cutie. 3. REQUEST FOR RELIEF: CASE NO, 002112 GENERAL UNSIGHTLINESS 142 N. W. 93rd St. OWNER: MIKE YURKE Mr. Mike Yurke was sworn. in, Helives at 5805 S. W, 119th AV's, Cooper City. Mr. LuBien read from the Customer Inquiry, he said the violation is in compliance and was on the day of inspection, the case.has been closed. A letter requesting relief was included in Members packet, Mr. Yurke stated he received his garbage bill and statement for -the Occupational License, and pays promptly. This notice of Violation went to the renter instead of to him. He checks on the residence every two weeks and responds promptly.to notices, Following questions asked by Mr. Asmus and Mr, Stokesberry, Mr, Caldwell moved to waive the $110,00 Administrative fee, seconded by Mr. Stokesberry, The motion carried unanimously by roll call vote. • • • CODE ENFORCEMENT BOARD REG MTG -2- 11/7/91 4. REQUEST FOR RELIEF: CASE NO, 002120 INOPERABLE VEHICLE ON PREMISES 184 N, W. 97th STREET OWNER: ROBERT L HOBBS Mr. Hobbs was sworn in. Mr. LuBien introduced the case, stating:Mr, Hobbs did receive the order from the Board, and he has no other information, Mr. Hobbs stated be did write a letter requesting relief in July. He received the notice of 'violation on May 15, 1992,kith an inspection scheduled for May 31, 1991. He obtained the decal on May 24, 1991 and placed it on the vehicle on May 30, 1991. Members reviewed pictures of the violation. Mr. Asmus asked the record to reflect, there is: valid acquisition of a decal for the vehicle in question. Mr. Hendersonmadea motion for relief of the Administrative fee of $110,00, seconded by Mr. Stokesberry, the motion passed by a unanimous roll call vote. 5. REQUEST FOR RELIEF: CASE NO. 001753 LOOSE TILE ON ROOF 118 N. W. 100th TERR OWNER: WILLIE ANICETTE Mr. LuBien introduced and presented the facts of the case, He stated there is a complete lack of communication because of a lack of understanding. The roof is now repaired and the case was closed October 15,.1991, Mr. Anicette was absent, but there was a letter requesting this relief. Mr. Henderson made a motion to table this request to next month's meeting, for Mr. Anicette to be present, and to verify with him that a permit was pulled. The motion was seconded by Mr. Caldwell, and carried unanimously. 6. REQUEST FOR RELIEF: CASE NO. 002186 INOPERABLE VEHICLE ON PREMISES 98 N. W. 98th ST OWNER: SHELDON COLLIER A letter requesting relief was included in Members packet, Mr. LuBien presented the facts of the case. Mrs. Wanda Collier was sworn in. She stated it is her husband's vehicle, and is left out ofthe garage only intermittently,.' It now remians in the garage at all times, Her husband has agreed to sell the vehicle, Mr. Henderson made a motion that the Administrative fee of $250,00 remain, and that the accumalated fine of $875.00 be waived. Mr. Caldwell seconded the motion which passed by unanimous roll call vote, Mr. Asmus clarified the Board's action andmethod of payment.for Mrs, Collier 40 CODE ENFORCEMENT BOARD REG MTG -3- 11/7/91 7. REQUEST FOR RELIEF: CASE NO 002172, t02173,3 002174 VARIOUS VIOLATIONS CASE: NO. 002175, 002176 445 N. E. 93rd ST OWNER: LYNNE PRICE Mr. LuBien introduced the case, He statedthere is only one case paramount tothe particulate situation, In Members packet is the letter from Lynne Price request for relief and he presented the facts on her behalf, be- cause she is in Colorado and he talked with her on the phone. twice. All the other violations have been corrected. Mr. LuBien further noted there is a tenant in the house. The garage door is -patched up, inresponse to query. Mr. Stokesberry made a motion to deny the request for relief, seconded by 'Mrs. Burch the :notion failed by the following roll call vote:Mrs. Burch,., Mr. Stokesberry and Mr. Asmara voted Yes; Mr, Caldwell, Mr. Henderson, and Mr. Owens and Mr. Patna. voted Now Mr. Caldwell made a motion that the $110.00 Administrative fee remain, and that $340.Q0of the fine remain, that $435.00 of the fine be waived. Mr. Owens seconded the motion .which carried by the following roll call vote: Nrs, Burch., Mr, Stokesberry, and Mr a Asmus voted No, Mr. Caldwell, Mr. Owens, Mr. Henderson, and Mr, Patnik.voted Yes, 8. REQUEST FOR RELIEF: CASE NO. 002009 PEELING EXTERIOR PAINT 9305 N. E. 9th AVE OWNER: JACQUELINE FROHBOSE Mr. LuBien introduced the case, Fie called Members' attention to the letter from Mr. Bill Frohbose, and pictures were passed around. Mr. LuBien stated the violation is 95% corrected. The fine is still running. Mr. Frohbose, after being sworn in, noted the Contractor was dismissed from the job for lack of commit meat, He 'must finish the work_ himself, which ,s extensive. Re offered Members a commitment to finish_ the work: by Christmas, Questions from the Board were answered .by:'Mr. Frohbose and Mr, LuBien. A motion WAS made by Mr. Stokesberrythatthe fine be stopped and that it be tabled to the January meeting. The motion was seconded by Mr. Caldwell and passed unanimously. /lift Burch commented that the truck parked outside with the advertising on it should be moved, as it also is a violation. 9. HEARING, CASE NO, 002351 GENERAL UNSIGHTLINESS 925 N. E. 92nd ST OWNER: JOSE F. ALVAREZ-ALFONSO Mr. LuBien introduced., the case, stating. that this violation has been corrected. No action was taken. Mr. Alvarez -Alfonso was sworn in. 10. HEARING,CASE NO, 002352 OVERGROWN FOLIAGE 925 N. E. 92nd ST. OWNER: JOSE F. ALVAREZ: ALFONSO The case was introduced by Mr. LuBien, who stated some of the work has been done. The owner seems reluctant to cut back other overgrowth. • CODE ENFORCEMENT BOARD REG MTG -4- 11/7/91 Pictures of the violation were reviewed by Members of the Board, Mr. Alvarez -Alfonso stated.he likes foliage because It keeps the house cool. Members agreed there is too much overgrowth and the house can't be seen for the bushes. Mrs. Burch.: made • a motion for Finding of Fact and. Conclusion of Law a violation exists to Sec 518, 10-1of the Miami Shores Village Code of Ordinances, Ordered that $110,00 Administrative:fee be levied'andif the violation is not corrected in thirty days a fine of $25,00 per .day willgo into effect, The motion was seconded by Ht. Stokesberre and passed by the following roll call vote: Mrs. Burch, Mr, Caldwell, Mr. Stokesberry, Mr. Patnik, and Mr. Asmus voted Yes, and Mr. Henderson, and,Mr, Owens voted No. 11, HEARING, CASE NO. 002353 HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 925 N. E, 92nd St OWNER: JOSE F. ALVAREZ-ALFONSO Mr. LuBien noted the case.involved the hedges.intthe rear alley. Mr. Trumble noted these hedges'need.trimming back, It is not in compliance. Mr. Alvarez -Alfonso stated -he doesn't understand what must be cut back, he does not want to cut his trees:. He was. advised Florida holly is not a tree, There wereno pictures; of the violation. Following discussion, Mr. Henderson moved the Hearing be tabled to the next meeting, seconded by Mr. Caldwell, the motion paseed unanimously. 12. HEARING., CASE NO, 002395 GENERAL UNSIGHTLINESS 125 N, E. 106th ST, OWNER.: ELLIOT STERN TENANT: JUSTIN GONZALEZ The Hearing was takenout of order in recognition of the baby with Mr. Gonzalez. Mr. Tremble presented the facts. He stated there is no grass, It can't be mowed because there are only weeds and rocks.in the yard. Mr. Gonzalez: was sworn in. He stated that Mr. Stern owns the house, but Mr. Gonzalez is scheduled to close in February. He did not realize the extensive yard work the house needed, Following the statement, the matter between the tenant andthe owner is one for them to solve, the Board ila-mt deal with the facts as presented. Mr.Stokesberry made a motion for. Finding of Fact and Conclusion of Law a violation exists to Sec, 10-1. Ordered an Administrative fee of $110.00 be assessedand if the violation is notcorrected in 30 days, a fine of $25,00 per day will become effective.. Following brief discussion, the motion passed by a unanimous roll call vote. 13. HYING, CASE NO, 009372 UNAUTHORIZED:CONSTRUCTION/ALTERATIONS 9101 BISCAYNE BLVF. OWNER: THOMAS. T, LIN & LIHSUEH LIN • Mr. LuBien introduced.the case and presented the facts:, He advised the Members, the dish. antenna was in place when Mr. Lin purchased the Motel, • • • CODE ENFORCEMENT BOARD REG BIG -5- 11/7/91 A violation notice wasn't sent previously becuase it is. so well concealed. Mr.. Lin is presently seeking Administrative relief from the Planning & Zoning Board, and he suggested the. case be. continued to January.regualr meeting, s:.. Mr. Henderson moved to table the Hearing to. the January.regular meeting, seconded by Mr. Stokesberry., the motion passed unanimously. 14, HEARING., CASE NO, 002377. UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 9600 North. Miami Ave., Owner: Maria Sanchez, Tenant: Carlos Sanchez Mr. Sanchez was sworn in, Mr. LuBien introduced the case, stating that construction has been going on since a permit was pulled in December 1989. The permit is now null & void. Mr. Sanchez stated the contractor did not complete the work, several agencies have been contacted, and the contractors license has been revoked by the Department of Professional Regulation, and that Mr, Sanchez is out $6,000, for the construction which he is attempting to pay back at $165,00 per month. He has accumulated many bills, a divorce soon to become final, and doesn't know if he can keep the house. Following discussion, Mr. Henderson moved to. table the, hearing to the January meeting, seconded by Mr, Stokesberry,.the notion passed by unanimous roll call vote, 15. HEARING, CASE NO. 002385 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 284 N. E. 102nd ST OWNER: MILAGROS HARPER Mr. Trumble intorduced the case and presented the facts. Members reviewed pictures of the violation, Nr,, Harper was not present. Mr, Stokesberry moved for Finding of Fact a violation exists, Coneulsion of Law this is a violation of, 12.133 Shores;Village : Code of Ordinances, ordered that an Adm nistrative,fee of $110.00. be levied, and if the violation is not corrected. in 30 days., a fine of $25,00. per day be as:sessed... 2ir. Henderson seconded. the motion which.. passed -unanimously. 16. HEARING,. .CASE NO. 002387. INOPERABLE VEHICLE ON PREMISES 9220.BISCA'YNE BLVD. OWNEBL, ROBERT CHARLES HILLER After being sworn in Mr. Miller stated that he is the owner, but that the tenant is Josephine Apaifi., Unit .I'7. Mr. Trumble stated thevehicle has been moved, compliance is met, Mr. Henderson moved to dismiss the case, seconded by Nr. Stokesberry, and passed unanimously, 17. HEARING, CASE i002412 BUSINESS FROM RESIDENCE 145 N, W. 95th ST, OWNER: MICHAEL A. ELVIS TENANT JEWEL WALKER Nr. Elvis was sworn in, • • CODE ENFORCEMENT BOARD REG MTG -6.-- Nov, 7, 1991 Mr. Trumble stated that cars are being washed at this address continuously, and that cars arlbeing worked on which the tenant states are their own cars. It was noted that these tenants are repeat violators and that Mr, Elvis has no control, Mr. Henderson moved for Finding of Fact and Conclusion of Law a violation does exist to the Schedule of Regulations, Ordered that there be a..$110.00 Administrative fee assessed and if the violation is not corrected in 30 days, a fine of $25.00 per day becomes effective. 'Mr. Caldwell seconded the motion. Mrs. Burch, offered an amendment, to send a. real, message, ordered that a $500,00 Administrative fee be levied, and if not corrected in 30 days a fine of $50.0Q per day be assessed, Th., Henderson and fir, Caldwell accepted the amendment. The motion passed by a unanimous roll call vote. 19x. Asmus explained that violations must stop at this address. 18. HEARING, CASE NO 002434 VEHICLE NO CURRENT TAG. 150 N. W. 100th ST OWNER; RIGOBERTO GOMEZ Mr. Gomez was sworn in, His son.Rigobexto Gomez, Jr., also was sworn in to speak for his father, Mr. LuBien stated this is a repeat violator. The vehicle is parked illegally without a current tag. Menbers looked at pictures of.the violation, Rigoberto, Jr, stated, the auto. is operable, but has no tag, His father has given the caraway and it.will be picked.. up on the 13th of November. Following discussion, lair, Henderson moved the case be continued to the next regular meeting, seconded by Mr. Caldwell, and passed by passed by unanimous roll call vote. Mr. Asmus,clarified;Membere decision for'Mr. Gomez and advised him to come to the next meeting with proof that he no longer owns the vehicle and a copy of the new registration, 19. HEARING, CASE NO 002428 WATER HEATER - EXTERIOR OF HOUSE 150 N. E. 96thST OWNER: REYNALD J. P. BLANCHARD Vt. LnBien.explained the violation. Mrs, Blanchard, after being sworn in, stated., when she purchased the house the washing machine was on the patio, and the water, heater inside ,the house, The water heater: was moved outside: when she was advised it is a dangerous situation to haveit inside the house, Mr. Stokesberry moved to table.the case to thenextmeeting, seconded by Ht. Henderson,:and passed unanimously. 20, HEARING, .CASE NO. 002408 PROPERTY UNSIGHTLY 226 N. W, 23rd ST, OWNER; CAROLYN A. THOMAS After being sworn in, Mrs, Thomas stated she did receive notice that the • • • CODE ENFORCEMENT BOARD REG MTG 11/7/91 that the greas and. vegetation was too high, The correction she called Mr. Trumble on October 21, 1991 to,inform him of he inspected and verified. Mr. Stokesherry moved to dismiss the case, seconded by motion passed unanimously, The meeting adjourned at 9.:30 eirekus- Lw-AbbfaV Approved date, was 10/22/91, •compliance., which Mrs:. Burch, the