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12-05-1991 Regular Meeting• • • CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 5, 1991 The regular meeting of the Miami Shores Village Code Enforcement Board was held on December 5, 1991 at 7:30 P,M, at the Miami Shores.Village Hall, The meeting was, called to order %y. Chairman, Barry Asps, with the following Members present: Barry K. Asmus, Chairman Margaret Burch Thomas J. Caldwell Owen Henderson John A. Patnik, Jr. John L. Stokesberry Absent: Daniel B. Owens Also present; Frank LuBien, Director of Building & Zoning Pierre Roche, Code.Enforcement Inspector Richard Trumble, Code Enforcement Inspector 1, MINUTES - NOVEMBER 7, 1991 The minutes of the meeting of November 7, 1991 were approved by amnion made by Mr, Henderson, seconded by Mrs, Burch, and carried unanimously. 2, BURGLAR ALARM APPEAL WARREN von BITTNER 10108 N, E. 1st AVENUE Nr. von Bittner was sworn in, Mr. LuBien, Mr. Tremble, and Mr, Roche were sworn in for their testimony of the evening. Mr. LuBien presented the case. He stated that pertinent material is en- closed in Members packet, Also, he stated,:l.it is up to the person involved in the case to prove they were not false alarms. Mr. von Bittner in stating his case, presented to each Member and the clerk a booklet of the Burglar Alarm Ordinance, a copy of letters sent to him from the Village and his response to each, also a list of the repair costs he incurred to make the system operable. This is to appeal the $100.00 fine imposed for the number of alarms allowed. Mr. von Bittner was questioned about the system of fines, Discussion followed concerning Council intent, notification of false alarm, neighbor discussion. Mr. von Bittner is entitled to seven free and has only 7. Mr. Stokesberry made a motion that because one false alarm is questionable, $50.00 of the fine be waived, and $50.00 be allowed to stand, Mr. Henderson seconded the motion which passed unanimously by roll call vote, 3, REQUEST FOR RELIEF, CASE NO. 002276 SUBSTANDARD EXTERIOR - ROTTEN WOOD AND UNSIGHTLY 9314 N. W. 2nd CT, OWNER: THE NEW YORK GUARDIAN MORTGAGE REPRESENTED BY APOLLO GROUP REALITY Ms. Lee Hoskins, representing Century 21, Apollo Group Reality was sworn in, Mr, LuBien introduced the case and presented the facts, Ms, Hoskins told how Century 21 acquiredthe property owned by HUD, They were not aware of violations, but they are ready and willing to correct the violations to the Village satisfaction. • CODE ENFORCXENT BOARD REG MEETING -2- 12/5/91 Following discussion, Mrs., Burch moved to allow 60 days to bring the property up to the Village.code, with the proper perm is pulled, if complimance is net in 60 days the fine will be waived. Mr, Henderson seconded the motion which passed by unanimous roll call vote, THE NEXT THREE CASES WERE TABLED AT THE NOVEMBER 7, 1991 MEETING, 4. CASE NO, 002353 HEDGE BEYOND HEIGHT LTMTTATIONS 925 N. E. 92nd ST. OWNER: JOSE. F. ALVAREZ-ALFONSO Mr. LuBien presented the facts. He stated the case was tabled at the meeting of November 7th,, and continued to this meeting, It is the second time the case is before the.Board. Mr. Trumble noted, this case has .been going on since August with little or no work done, Mr. Alvarez -Alfonso noted he is a very busy person, Remade several calls to the Village without response from anyone. Yesterday he made arrangements for Mr. Trumble to meet with him and tell, -him what needed tobe done. He has done as much work as possible. Mr. Stokesberry moved. for.` Finding of Fact and Conclusion of Law, a violation does exist, ordered that an Administrative fee of $110.00 be.asseaaed, and if not corrected in thirty days, a fine of $25.00 per day will become effective, The motion was seconded by Mr. Patnik, and passed by unanimous -roll call vote. 5. CASE NO, 002434 VEHICLE - NO CURRENT TAG 150 N, W. 100th ST. OWNER; RTGOBERTOG,OMEZ Mr, Rigoberto Gomez was not present, Mr. LuBien stated, this case was tabledat the last meeting. Nrr, Roche stated the'vehicle has been removed, After brief discussion, Mr. Henderson moved to dismiss the case, seconded by Ir, Caldwell, the motion passed unanimously. 6. CASE NO, 002428 WATER HEATER - EXTERIOR OF HOUSE 150 N. E, 96th ST., OWNER: REYNALD J. P. BLANCHARD Mr. Blanchard was absent. Following notice that compliance is met, the caste was dismissed by a motion made by1/r. Henderson, seconded by Mr. Caldwell, and passed unan$nously. 7. HEARING., .CASE ;NO. 002.416 UTAUT$ZED CONSTRUCTION/ALTERATIONS 278 N. E. 97th ST, OWNER: PATRICIA DAHNE Mrs, Patricia Dahne was sworn in., Mr. LaBien presented the. facts, He. stated, the fence:wa is place Oen - the house was purchased -9 years ago, Nrs. Define. is seeking Administrative relief, Mr. Henderson moved to grant 'a 60.:day continuance to gee Mrs, Dab..e -TTe- for Aaiwfnistrative Relief. Mr:,. Stokesberry seconded. ti a notion, which passed by unanimous. roll call -vote., • • • CODE ENF(,$CEMENT BOARD REG MTG -3, 12/5/91 8. HEARING, CASE NO. 0Q2416 UNAUTHORIZED CONS'T'RUCTION/ALTERATIONS 279. N. E. 96th ST. OWNER: C. MICHAEL ROBERTS Mr, Trum ,le. presented the facts, Re noted that 1ft, Roberts is out of town and unable, to attend this meeting, Mr, Trrmnbie also noted that Mr. Roberts is in compliance, and was so by the correction date, Mr. Henderson made a motion to dismiss thecase, seconded by Mr. Stokesberry, and passed unanimously. 9. HEARING, CASE NO, 002438 UNS LY FASC1 , SOFFIT, HOUSE EXTERIOR 1099 N. E, 97th ST. OWNER; REBECCA GAIL HENRY Mr. Trumble presented this case, He stated, there has been no action on this violation until today when Mrs. Henry came into 'V Hage Hall for a permit, After being sworn in, Mrs. Henry stated she has been giventherun around by people stating they will do the Work for her, Discussion followed, Mrs. Burch. moved for Finding of Fact, there is a violation, Conclusion of Law Sec 12-133 of the code is: violated. Ordered that . $110,00 Administrative fee be assessed., and if not corrected. in 30 .days, a. fine of $25.0.0 per day will become effective., . 'Mr,. Stokesberry seconded the motion which carried by a 5-1 vote., with I x. Caldwell voting. No, Mr. Asmus explained the Members action, 10. HEARING". CASE NO. 002447 BOAT ON PREMISES 9715 N.'. E,, 2nd AVE OWNER.. GEORGE A. FRIX, Ji,. Mr,. Trumble.pre.sented the facts,- He stated, this is a repeat violation, as the boat is moved away, and.brongb.t back, and -so forth, Mr. Frix_was sworn in:. He noted, the case was continued on 9/25/91 to allow him time to appeal to the' Planning & Zoning Board. This.was done and Mr. Frix.said members of that Board determined to take it under advisement, per his suggestion, the code be changed. Mr. LuBien rehuffed.his remarks by reading:from the minutes of the -Planning and Zoning Board of September 25, 1991. Mr. Frix agreed withthis report, 1r. L:uB en_stated Mr.. Frix is trying to circumvent the Ordinance and the intent of the ordinance. Mr. Frix stated, be loves Miami.. Shores and would do nothing to damage the community. He gave Mr. LuBien, :a list of addresses:where he believes a notice of violation:is warrented. He.does.not believe the ordinance is.a fair one. .Following much continued. dis.,cusaion, Mr, Caldwell .moved that an ,Administrative fee of $110, Q ' be assessed, because of, the repeatviolation.;: thoughit is corrected at this time.., The motion was seconded by Mr:, Patnik, Following statement by Mr. Stokesberry.regarding the bigger issue, there is no violation at this time., The vote was called and the motion passed 5-1. Mr. Stokesberry voted No. Mr. A;amusinstructed Mr.. Frix of the action taken. • • • CODE ENFORCEMENT BOARD REG MTG -4- 12/5/91 11. CASE NO. 001753 - APPEAL LOOSE TILE ON ROOF 118 N. GT. 100th TERR OWNER: WILLIE ANTCETTE Mr. Anicette was not present, Mr, Lu.Bien stated the facts, The case has been closed, Mr, Anicette is in compliance. The fine,has stopped, The request for relief was tabled from the last meeting to give: r, Anisette time to attend this meeting. No action was taken, 12. HEARING., CASE NO, 002452 BOAT ON PREMISES k245 N. E. 92nd ST. OWNER: DAVID L. GEWANT, TENANT: ROBERT M. BUCK Mr. Robert M. $suck was not present. Mr. Trumble stated he is in compliance and was:by the due date.. No action was taken, The meeting adjon.xned at 8:50 P,M. ec tary r