09-03-1992 Regular Meeting•
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CODE ENFORCEMENT BOARD REGULAR MEETING
September 3, 1992
A regular meeting of the Miami Shores Village Code Enforcement Board
was held on September 3, 1992 at 7:45 P,M, at the Miami Shores Village Rall,
The meeting was called to order by Nr. Stokesberry, Vice Chairman with the
following members present:
Barry K Asmus,.Chairman, Arrived at 7:50
Thomas J, Caldwell
Owen Henderson III
John L, Patnik, Jr.
John L,_ Stokesberry
Absent: Margaret Burch & Daniel B, Owens
Also present: Peirre Roche & Richard Trumble, Code Enforcement
Frank LuBien, Code Enforcement Director Inspectors
1. 1IINUTES - AUGUST 6, 1992
The minutes of the meeting of August 6, 1992 were approved, as written,
by a motion made by Mr. Caldwell, seconded by Mr. Patnik and passed Unanimously,
Nr. LuBien, Mr, Roche, and Mr. Trumble were sworn in for their testimony.
2. REQUEST FOR RELIEF
CASE NO, 002613
OCCUPATIONAL LICENSE .
MARIE THERESE JOSEPH, 215 NW 111th ST
No one was present to represent Ms, Joseph, and the case was not heard
3. REQUEST FOR RELIEF
CASE NO 002391, 0.02302, & 00239.3
VARIOUS VIOLATIONS
ANDRE HILAIRE, 46 NW 95th STREET
Nr, Hilaire was sworn in,
This case was introduced by14r, LuBien. The facts of the case were
presented by Mr, Roche. Mr, Roche noted that the three cases are closed,
compliance is met, There is a cumulative fine of $5,510,00,
Members received copies of the letters from Mr., Hilaire regn sting appeal,
Nr. Hilaire was asked questions. by Board Members,
Mr, Asmus moved that the request for relief be denied on all three cases.,.
seconded:by Nr. Henderson, the motion passed by a vote of 4/1, Mr, Caldwell
voted No,
The gavel wasturned back to Mr. Asmus by Mr, Stokesberry,
4. HEARING CASE NO, 002739
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
J. HAROLD LAUNDERS, TRUSTEE, 410 NE 105th ST,
This was Mr. Trumblet'scase and he explained the owner is an 82 year old
man who has his daughter and a trustee communicate for him. The painter.
could not obtain a permit,because, he had no worker's compensation insurance.
Members reviewed pictures of the house, Mr. Trumble indicated he had
granted one continuance,
Mr. Stokesberry moved for Finding of Fact and Conclusion .of Law a violation
exists to Sec 12133, ordered_ that an Administrative Fee of $110,00 be assessed,
If the violation is not corrected in 30 days a fine of $25,00 per day will become
effective, Mr, Patnik seconded the motion which passed unanimously,
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CODE ENFORCEMENT BOARD REG MTG -2- 9/3/92
5. HEARING, CASE NO, 002817
NON POLY OCCUPANCY'
MARIE'MOIRE MICHEL, 113 NW 108th ST
Mrs, Michel and her two sons were sworn.in,
Mr. LuBien introduced the case which was presented by Mr, Roche,
Mrs. Michel's son spoke, he saidthe two brothers bought the home
together. They live in the house together with their wives and three
children and their mother. Since the house was sold to the two brothers
they are not aware that they cannot live in the. house together with. their
mother,and their families..
Mr,. Asmus explained that Miami Shores has no authority who purchases
the house. Miami Shores is a single family community and only one family
can reside in the house. The mother is not the problem and can live with
either son, but not both in the same house.
Much discussion continued.
Mr. Henderson made a motion for. Finding of Fact a violation does exist,
Conclusion of Law this is a violation of Sec 216 of the Miami Shores Code. of
Ordinances, ordered that an Administrative fee of $110,.00 be assessed and if
not corrected in 30 days a fine of $25.00 per day will be levied. The motion
was seconded by Mr. Stokesberry and passed unanimously,
Mr. Asmus explained Members action to them,
6. HEARING, CASE NO, 002836.
UNLAWFUL OUTDOORS USE....
DIANE L, BARTON, 11040 NW 2nd AVE,
Jr, LuBien introduced the case which was presented by:Kr, Roche,
Ms Barton and her tenant Evelyn Lizata were sworn in.
Ms, Barton informed Members she was never informed of theviolation
until 8/21/92, The washing machine is completely under cover and in the
same place it had been when she burchased the house 20 years ago, There
was much discussion between. Ms, Barton and Members,.
NQS, Lizata accused ]fir.. Roche of harassment,
Er. Henderson made a motion for Finding of Fact and Conclusion of Law, a
violation does, exist to Sec. 502 of the Code of Ordinances, ordered that $110,Q0.
Administrative fee be assessed, and if the violation is not corrected in
thirty days, a fine of $15.00 per day will be levied, Mr, Stokesberry seconded.
the motion, and it passed unanimously.
Ms Barton protested, noting she was just informed of the violation on
August 21, 1992 and because of Andrew (the hurricane) had no time to correct
the violation.
Mr, Henderson withdrew his motion.
Mr, Stokesberrymade a motion to allow 30 days to correct the violation
after which ttm' a fine of $15.00 per day will become effective, The .motion
was seconded by Mr. Henderson, and passed unanimously,
7, HEARING, CASE NO 002240
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
WILLIAM LEE WALSH, 1140 NE 91st TERM,
Mr, Trumble presented:this case, He noted an extension was granted frgm
111 July to August 10, Correction has not been met,
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CO.DB. ZNYMEMIT BQMD REG BTG 9/3/92
Mr. Stokesberry made a motion for Finding of Fact Sr Conslusion of Law
a violation. exists to Sec 12•-.133, ordered that $110,00 Administrative fee
be assessed and if not corrected after thirty days a $25,00 per day fine will
go into effect, The motion was seconded by Mr, Pernik and passed unanimously.
8, HEARING, CASE NO, 002724
WEATHERTIGHT AND WATBRTIGHT STRUCTURES
WILLIAM S. TILLET, 1260 NE 99th STREET
The, case was presented by..Mr,'Trumble who explained the house appears.
vacant and is in the hands of a mortgage company. It is still not in compliance.
Mr. Henderson made a motion for Finding of Fact & Conclusion of Law a
violation does exist to Sec 12-128 ordered that $11.0.00 Administrative fee,
and if it is not corrected in 30 days, a fine of $25.00 per day will go into
effect,- Mr. Stokesberry seconded the motion which passed unanimously.
9. HEARING, CASE NO. 002789
WEATHERTIGHT AND WATERTIGHT STRUCTURES
DAVID CAMPBELL, MAJORIE YAPPOW, 54 NW 104th STREET
This case was presented by Mr,. Roche, He stated the house is in terrible
condition and appears abandoned.
Mr. Henderson made a motion for Finding of Fact & Conclusion of Law a
violation does exist to Sec.12.128 ordered that $110,00 Aaministrative fee,
and if it is not corrected in 30 days, a fine of $25,00 per day will go into
effect, Mr, Stokesberry seconded the motion which passed unanimously,
10. HEARING, CASE NO, 002790
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
David Campbell, 54 NW 104th ST
Mr, Roche stated this is a violation for the same house as the previous
case. No violation has been corrected.
Mr. Henderson made a motion for Finding of Fact & Conclusion of Law a
violation does exist to Sec 12-_133 ordered that $110,00 Administrative fee,
and if it is not corrected in 30 days, a fine of $25,00 per day will go into
effect. Mr, CAldwell seconded the motion which passed unanimously,
11, HEARING, CASE NO, 002799
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
RICHARD L. TAYLOR,JR, 9707 NE 13th AVE
l lember renewed pictures .taken by Mr, Trumble of the violation, He
explained he has had no contact with the owner and the violation to Sec 12,1,33
continues,
Mr, Stokesberry made a_motion for Finding of.Fact and Conclusionof Law
a violation exists to Sec 12-133 of the Miami Shores Villa.geCode of Ordinances,
Ordered that $110,00.. Administrative fee be assessed and if not corrected in
30 days, a fine of $25.00 per day will be levied, Mr, Caldwell seconded the
rnotian which passed unanimously,
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CODE ENFORCEMENT BOARD REG MT.G -4, 9/3/92
12, HEARING, CASE NO, 002827 .
MAINTAINING A NUISANCE'.
MARIA D, GIR.ON & MARIA E. FLORES, 10410 NV 2nd AVE
Ir, Roche explained this is an open septic in the rear yard, The
violation was reported by phone and continues to exist,
Following a brief discussion, Mr, Caldwell moved fox Finding of Fact,
a violation does exist,. Conclusion of Law this is a violation of Sec 10-5,
ordered that aniAdministrative fee of $110.00 be assessed and if the violation
is not corrected in 30 days a fine of $45,00 per day will become effective.
The motion was seconded by Mr. Stokesberry and passed unanimously.
13. HEARING, CASE N0,.002837
INOPERABLE VEHICLE ON PREMISES
ROGER F. BRADLEY, 899;NE'92nd STREET.
Members reviewed pictures of the violation, Mr, Trumble noted he had
had no contact with. the owner, but noticed that the vehicle had been moved
in back of the bushes.
Mr. Stokesberry made a motion that the Finding of Fact is -there is a
violation, Conclusion of Law, this is a violation of Sec 13,1 of the Code.
Ordered that 110:',00 Administrative fee be assessed and if the violation is
not corrected in thirty days, a fine of $25,00 per day goes into effect.
The, motion was seconded by Mr, Henderson, and passed unanimously,
14, HEARING, CASE NO, 00 2843
INOPARABLE VEHICLE ON PREMISES
JOSE GROSSO, 130 NE 98th STREET
Mr. Roche.presented the case, He stated he had no contact with the
owner, and the violation is not corrected,
Caldwell made a motion for Finding of Fact and Conclusion of Law a
violation does exist to Sec 13-1, ordered.that a $110,00 Administrative fee
is assessed and if not corrected in 30 days a fine of $25.00 per day will go
into effect, Mr. Stokesberry seconded the motion and it passed unanimously.
The meeting adjourned at 8:45 P.M,