02-06-1992 Regular Meeting•
CODE ENFORCEMENT BOARD REGULAR MEETING
February 6, 1992
A regular meeting of the Miami Shores Village Code Enforcement Board
was held on February -6,.1992 at 7:35 P,Ni, at tbe.Miami.Shores Village -Hall,
The meeting was called to order by .Chairman, Barry Asmus with the following
members present; Barry K, Asmus, Chairman
Margaret Burch:
Thomas J. Caldwell
John,L. Patnik, Jr.
John L, Stokesberry
Absent: Owen D. -Henderson and Daniel B. Owens
Also present: Frank LuBien, Director of Building & Zoning
Pierre Roche, Code Enforcement Inspector
Richard Trumble, Code Enforcement Inspector
1. MINUTES - JANUARY 2, 1992
The minutes of the meeting of January 2, 1992 were approved by a motion
made by 1+frs. Burch, seconded by Mr, Calddwell, and carried unanimously.
2. TABLED FROM PREVIOUS MEETINGS
CASE NO, 002276
SUB STANDARD EXTERIOR •, ROTTEN WOOD AND UNSIGHTLY
9314 N, W. 2nd CT
OWNER: HUD
Mr. LuBien, Mr, Roche, and Mr, Trumble were sworn in for their testimony
of the evening. Lea Hoskins representative for Century 21, Apollo Group Realty
also was sworn in,
.Mr. LuBien in introducing the case, stated that HUD people have been working
diligently on the house, The yard is cleaned up and violations are 80% corrected.
Lea Hoskins said, the house looks good except for the garage door which has
been ordered and will be replaced, In reply to query Ms Hoskins stated HUD will
maintain the property until sold. It will take another week to complete the work.
She is requesting relief of fine which continues.to accru,
Mr. LuBien gave a brief history of the case and stated technically compliance
has not been met.
Mr. Caldwell moved that relief be granted if compliance is met by 2/21/92,
the motion was seconded by Mrs, Burch and passed by a 4/1 roll call vote,
Mr, Asmus voted NO,
CASE NO, 002416
UNAUTHORIZED CONSTRUCTION/ ALTERATIONS
278 N. E. 97th ST.
OWNER: PATRICIA DAHNE
Mr. LuBien introduced the. case stating, Mrs, Dahne decided that rather than
seek relief, she would cut the .fence which was cut in the rear only, It also
needs to be cut on the sides to comply.
Mr, Caldwell moved to table the case to the next meeting, seconded by
Mrs. Burch, Following a brief discussion, the motion was withdrawn.
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CODE ENFORCEMENT BD REG MTG T2T 2/6/92
Mr. Caldwell moved that this is a violation of Sec 6,-4, ordered that if
not corrected in thirty days a fine of $25,00 per day.will_become effective,
Mrs, Burch seconded the motion which passed unanimously,
CASE NO, 002372
UNAUTHORIZED CONSTRUCTION/ALTERATIONS
9101 BISCAYNE BLVD,
OWNER: THOMAS T. LIN
Mr. LuBien introduced the case, reciting the numerous meetings Mr. Lin
had -attended to seek relief. His satellite dish was approved by Council.
Mr. Stokesberry moved to dismiss the case, seconded by Mrs, Burch, and
carried unanimously,
CASE NQ. 002009
PEELING EXTERIOR PAINT
9305 N. E. 9th AVE
OWNER: JACQUELINE FROHBOSE
The case was. introduced by.Mr, LuBien.and.presen.ted by Mr. Trumble,
who stated the painting work.has been completed,
Mr, Frohbose was sworn in, He stated; it was a job,but is now finished.
Mr, Frohbose stated, his wife had been laid off from her job, and they are
trying to makea.go of things, In,reply to query, he noted the $110,00
Administrative fee has not been paid,
Mrs.. Burch made a motion to waive the fine, The motion was seconded by
Mr. Stokesberry, and passed by unanimous roll call vote,
Member action was explained to Mr, Frohbose by Mr. Asmus,
3. REQUEST FOR RELIEF
CASE NO, 002181
INOPERABLE VEHICLE ON PREMISES
102 N, W. 109th ST,
OWNER: RICHARD KALESNIK
In introducing the case Mr. LuBien noted that pertinent.information was
in Members packet, Mr. Kalesnik is seeking relief fron:.the fine as he has
received none of the notice of violations sent.
Mr,:Kalesnik was sworn in,, He noted,a friend was staying. at the house
and had abandoned the car in the rear yard. His friend had not taken care of
any of the bill of the house nor sent him any notices of7violation. When he
became aware of the situation, his attempts to have the vehicle removed were
useless without a title or signature from the owner, whom he was unable to
locate, The car Was finally moved on 12/9/92.
Mr, LuBien responded the fine is $4,010.-00, $110,00.:of which is Administrative
fee., There is no way to prove the vehicle was moved on 12/9/92 as the department
was not notified,
Mr. Stokesberry moved to waive the fine but the Administrative fee of $110,00
stands, The motion was seconded by Mrs, Burch and passed by a roll call vote of
4/1. Mr. Asmus voted No,
Members action was explained to Mr, Kalesnik by Mr. Asmus,
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CODE ENFORCEMENT BD REG NIG
4. HEARING CASE NO, 002480.
INOPERABLE VEHICLE ON ('"REMISES
489. N, E, 95th STREET
OWNER; GUS GRANDE
2/6/92
Mr. LuBien introduced the case, He read a letter from Mr, Grande dated
2/3/92 and received today.
Mr. Trumble reported the vehicle has been removed, The date discrepancy
is because of an extension which was granted,
Mr. Grande was not present.
NY. Stokesberry moved for Finding of_Fact and Conclusion of Law a
violation existed to Sec 13.1, ordered an Administrative fee of $110.00 be
assessed, The motion was, seconded by Mr, Patnik and passed unanimously,
5. HEARING; CASE NO 002491
IMPROPER STORAGE OF RUBBISH, GARBAGE, ETC,
8851 BISCAYNE BLVD,
OWNER: ANJ FUTURE INVESTMENTS, INC.
TENANT; BACON'S LAUNDROMAT, INC,
The case was introduced, by.Mr, LuBien, The facts were presented by
Mr, Trumble, Pictures were reviewed, by the Members'of the Board..
Mrs Burch moved for Finding of Fact.there is a violation,:Conclusion of
Law.this is a violation of Sec 121-104, ordered that $110,00 Administrative fee
be assessed and if not corrected in thirty days a fine of $25,00 per day become
effective. .Mr. Caldwell seconded the motion which carried unanimously.
6. HEARING, CASE NO. 002510 UNLAWFUL OUTDOOR USE 150 NW 99 St.
Mr. LuBien introduced. the case, The facts were presented by Mr. Roche,
who had reported there has been no change, The washer4nd dryer are still out—
side. Mr, Alphonse was not. present,
Mr. Caldwell made a motion for Finding of Fact and Conclusion of Law a
violation exists to Sec 502, ordered that. an Administrative fee of $110.,00 be
assessed and if not corrected.in thirty days a fine of $25,.00 per day will
become effective. The motion was seconded by Mrs, Burch and passed unanimously.
7. HEARING, CASE NO, 002519.
BUSINESS FROM RESIDENCE
8 N. W. 93rd ST.
OWNER; SEVERE DELVA
The case was introduced by Mr, LuBien who reported that there seems to be
some sort:of import., export business being operatedat this address,
Mr. Roche reported there has been no response fron the owner, He gave
Members pictures to review, Members agreed, this is a terrible situation,
Mt, Caldwell moved for Finding of Fact a violation does exist, Conclusion
of Law this is a violation of.the Schedule of Regulation, ordered that an
.A;dministrative..fee of $250,00 be assessed and if the violation is not corrected
in thirty days: a fine of $45,:Q0.,per day go into effect, Mr, Patnik seconded
the motion which passed uanaimously,
CODE ENFORCEMENT BD REG MTG -4- 2/6/92
8, HEARING, CASE NO, 002529
UNLAWFUL OUTDOORS USE
48 N.W.' 100th ST,
OWNER: MICHAEL B, & ANN R ROYER
Mr. LuBien introduced the case which waspresented by.Mr, Roche,
Mrs. Ann Royer was sworn in, She stated the washer and dryer had always
been in the carport, Even when she bought the house, She is in the process of
a divorce and can't ftnd her husband to sell the house.,
Members offered her options to enclose the carport or move the appliances
inside.
Mr. Stokesberry moved for Finding of Fact and Conclusion of Law a violation
does exist to sec. 502 -of Miami Shores Village Code of Ordinance, ordered that a
$25.00 per day fine be imposed if the violation is not corrected in thirty days,
Mr, Caldwell seconded the motion which passed.unanimously,
Mr. Asmus explained the Board's action to Mrs. Royer,
9. HEARING, CASE NO. 002537
UNLAWFUL OUTDOORS USE
560 N. E. 102nd ST.
OWNER: JOHN R. HAGE
1'!r. LuBien introduced the case, which was presented by Mr. Tremble,
Mr; Trumble stated, Mr. Hage had complied the same day he received the
notice of violation.
Mr, Stokesberry made a motion to dismiss the case, seconded by. Mr, Caldwell,
and passed unanimously,
10, HEARING, CASE NO. 002538
UNLAWFUL OUTDOORS USE
10410 NW 2nd AVE
OWNER: MARIA D. GIRON & MARIA E, FLORES
The case was introduced by Mr, LuBien, The facts presented by Mr, Roche
who showed Members pictures of the violations,
Maria Flores was sworn in. She noted she does understand the violation,
The water filter was there when she.purchased tbe house about 4 years ago. She
disconnected. the water filter and will either put it in tbe house or discard it.
Mr. Caldwell moved for Finding of Fact and Conclusion of Law, this was a
violation of Sec 502 and ordered.a $25.00 per day fine be imposed if not in
compliance in thirty days, The motion was seconded by Mr, Stokesberry and passed
by unanimous roll call vote,
Mr. Asmus explained Member's action for Ms, Flores.
Mr. LuBien praised both the Code Enforcement Officers and testified as to how
diligently they have been working, He also had high praise for the Code Enforce-
pent Program.
The meeting adjourned at 8:25 P.M,.