11-05-1992 Regular Meetingi
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CODE ENFORCEMENT BOARD REGULAR MEETING.
November 5, 1992
A regular meeting of the Miami. Shores Village Code Enforcement Board
was held on Thursday,. November 5, 1992 at 7:35 P.M, at the Miami Shores
Village. Hall, The meeting was called to order by Mr, Caldwell, with the
following members present:
Thomas J. Caldwell
Margaret Burch
Prospero G, Herrera II
Daniel B, Owens
John L., Patnik., Jr,
Absent: Barry &, Asmus & John L. Stokesberry
Also present: Richard Trumble, Code Enforcement Inspector
Frank Lu]Bien, Code Enforcement Director
1. ELECTION OF CHAI °lu AND .VICE CHAIRMAN
AN
Mr. Patnik nominated Mr, Barry. t( Asmus as Chairman, seconded by Mr. Owens
and passed unanimously, Nomination was made by Patnik for Thomas J. Caldwell
as Vice Chairman, seconded by Mr, Herrera and passed unanimously,
Mr. Caldwell heard the cases, as to those present first,
2. MINUTES - September 3, 19.92 and October 1, 1992
The minutes: of the meeting of September 3, 1992 was approved, as written,
by a motion made by Mrs, Burch, seconded by Er, Owens and passed unanimously.
The minutes of the meeting of October 1, 1992 were approved, as written,
by a motion made by Nr. Owens, seconded by Mr. Patnik, Jr., and passed unanimously.
3. REQUEST FOR RELIEF CASE NO, 002799
FAILURE TO MAINTAIN PROPERTY
9707 NE 13th AVE, OWNER: RI `a TAYLOR
Dr, Richard Taylor was sworn.in,
Mr. Richard Trumble and Mr, LuBien were sworn in for their testimony of the
evening.
Dr, Richard Taylor had written a letter requesting relief from an imposed
Administrative fee and a fine,. The letter which each Member :had 'a copy of was
self explanatory, because of Hurricane Andrew he was unable to complete repairs
called for, There was a break in the mail service and he did not live at home
after the storm, Most of the repairs have now been completed, but he does re-
quest relief from the Administrative fee and the fine, Mr. Owens asked how much
had accumulated. Mr, LuBien stated he thought it was about $410. but had no
printout.
Mr. Owens moved to waive the Administrative fee and the fine for Dr, Taylor,
seconded by Mr. Herrera and passed by unanimous roll call vote,
CODE ENFORCEMENT BOARD REG MTG -2- 11/5/92
4. REQUEST. FOR RELIEF CASE NO 002655
INOPERABLE VEHICLE ON PREMISES
148 NW 96th ST., OWNER; EDITH FERNANDEZ
The case was introduced by Mr, LuBien.
Monica Fernandez daughter of Edith Fernandez was sworn in, She pro-
duced a receipt from the Towing Service who moved the vehicle,
Mr. Patnik.made a motion to waive the Administrative fee and the fine,
seconded. by Mr. Owens. the motion passed by unanimous roll call vote.
5. HEARING, CASE NO. 002852 (FROM 10/1/92 MEETING)
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
76 NW 97th ST.•N OWNER; .'. PHIPPS ST. HILAIRE
Mr. St, Hilaire was sworn in,
The case was introduced by Mr. Trumble, who stated, as of today com-
pliance has not been met. Members reviewed pictures of the violation.
Mr. St Hilaire stated that work is being done and he expects it will be
completed next week. He was advised to be sure and call for an inspection
when the work is finished.
Mr, Owens made a motion .that there is Finding of Fact and Conclusion of
Law a violation does exist to Sec 12-133 of the Miami Shores Tillage Code of
Ordinance and if not corrected in 30 days a fine of $25,00 per day will go
into effect. The motion was seconded by Mrs. Burch and passed by unanimous
roll call vote,
6. HEARING, CASE NO 002832.
OVERGROWN FOLIAGE
11004 NW 2nd AVE OWNER: C, A, HOOKS
Mr. Hooks was sworn in, Mr. Hooks stated that his name is Wayne and
that he is the son of C.A, who is deceased.
The casewas introduced by Mr, Trumble, Mr. Trumble stated that a 30 day
continuance had been granted, work is in progress, but is not complete, He had
no pictures of the violation.
Mr, Hooks stated his father died, his .mother is 87 and.was in a nursing
home on Miami Beach for a. while,but now lived with him in Margate, Mr. Hooks
takes care of numerous older people .in the family and had. FPL do much of the
trimming and another person helping,
Mr. Miller Latham was sworn in, He stated that while working be cut his
arm:with his chain saw, Mr. Hooks is a good man and he can complete the work
for him ,within 30 days,
Ilrs, Burch moved for Finding of Fact and Conclusion of Law a violation
exists to 518 Sec 10,-1 of the code,. and if' work is not completed in 30. days a
fine of $25,00 per day will become effective. Mr. Owens seconded the motion and
it passed unanimously by roll call vote.
7. HEARING, CASE NO 002870
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
65 NE 107th ST. OWNER; NANCY C. APPLETON, TRUSTEE
Nancy Appleton was sworn in,
The case was introduced by Mr. Trumble who stated that the garage door has
not yet been .instailed,
.:Mrs, -:Appleton noted that all work is complete except the garage door install-
ation. The first door ordered was not in stock and a few door had to be ordered.
The new door has come in and she expects it will be installed within a day or so.
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CODE ENFORCEMENT BOARD REG MTG -3.. 11/5/92
Mrs, Burns is not living in the house,.Ms,..Appleton informed Members,
Mr. Owens moved for Finding of Fact and Conclusion of Law a violation
exists to Sec 12,133. A $25,00 per day fine will become effective if not
corrected in 30 days, The motion was seconded by Mr, Patnik and passed by
a unanimous roll call vote,
8. HEARING,, CASE NO 002872
MAINTAINING A NUISANCE
65 NE 107th ST, OWNER: NANCY C APPLETON, TRUSTEE
The case was introduced by Mr. Trumble who stated the septic tank is now
covered,
Mr. Owens moved to dismiss the case, seconded by Mrs, Burch and passed
by unanimous vote,
9. HEARING, CASE NO 002878
UNLAWFUL STRUCTURE
210 NE 107th ST OWNER: RANDY.MANNAPPERUMA
Mr. Trumble introduced the case, Members reviewed pictures of ,the violation,
Nt:.Mannapperuma was sworn in. He stated he movedin the house in 1986, the
shed was in place at that time. Hurricane Andrew knocked his neighbors tree on the
shed and he repaired it.
He was advised by Mr, LuBien that when a non -conforming structure is 50%
damaged or destroyed.it cannot be repaired, but it must be taken down, The
structure encroaches on the side setback.
Mr. liannapperuma produced a survey and many letters andpictures stating
his denial of repairs. 1+iember-s.agreed that a new aluminum roof had been put on
the shed, They agreed that so many repairs were made it looks like a new
structure.
Mr. Nannapperuma was advised. that had he requested a permitto begin with.
he would have been advised of the regulations and. all this could have been.
avoided,
Following much discussion, Mrs. Burch made a motion for Finding of Fact
and Conclusion of Laws. a: violation does exist to the Schedule of . Regulations,.
ordered that if the structure .is not removed in 60 days a fine of .$25,00 per day
will become effective. Nr, Owens seconded the notion and it passed by unanimous
roll call vote.
Mr., Caldwell explained the Boards action to Nr. Mannapperuma.
10, HEARING, CASE. NO, 02879
HEDGE/FENCE BEYOND, HEIGHT LIMITATIONS
210 NE 107th ST OWNER: RANDY NANNAPPERUMA
Mr. Trumble introduced the case, He 'Stated that the gate and front ,fence
are toobigb,
Mr. 1iannapperuma stated, this. violation could be corrected in 2 weeks,.
A iaotion. was made by: Mr, Owens, for. Finding. of Fact and Conclusion of Law,
a violation elrfsts to Sec 518,(4). of the code, ordered that. a fine of $25Q0
per day will become effective if the violation is not corrected in 30. days.
Mrs, Burch seconded the motion which,.passed unanimously,
Mr.. Caldwell explained the Boards action to Mr. Mannapperuma,
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CODE ENFORCEMENT BOARD REG MTG -4, 11/5/92
11, HEARING, CASE NO 002880,
HEDGE/FENCE BEYOND HEIGHT LIMITATIONS
210 NE 107th ST OWNER; RANDY MANNAPPERUMA
The case was introduced by:Mr, Trumble who stated that thefront yard
hedge is more than 32 feet high,
MT, Man.napp eruma said .he can out this hedge,
Mrs. Burch made a motion for Finding of Fact and Conclusion of Law a
violation does exist, ordered that if not corrected in 30 days- and $25,00
per day fine will be levied, The motion was seconded byMt. Herrera and
passed.unanimously,
Mr, Caldwell explained the. Boards action to Mr. Mannapperuma.
12, HEARING, CASE 002877
1201 NE 96th St, OWNER: VIOLA,NICKLAS
INOPERABLE VEHICLE ON PREMISES
Mr, Richard Trumble.introduced the case, stating that the violation
has been corrected, but not by the due date,
Mr. Owens:moved for Finding of Fact and Conclusion of Law a violation
to Sec 13-1 did exist on 10/6/92 but was corrected the first week in Nov,
The motion was seconded by Mrs, Eurch and passed unanimously,
13. HEARING,_CASE NO 002883
INOPERABLE VEHICLE ON PREMISES
1201 NE 96th ST. OWNER: VIOLA NICKLAS
The case was presented by Mr, Trumhle, He stated this is a violation
to the same owner, but a different vehicle.
Mr. Owens made a .motion .for Finding of Fact and Conclusion, of Law a
violation existed to Sec 13-1 on October 6th, 1992, but was corrected the
first week in November, The motion was seconded by Mrs, Burch and passed
unanimously,
14, HEARING CASE NO 002882
GENERAL UNSIGHTLINESS
9125 N BAYSHORE DRIVE OWNER; FEDERICO SIXTO
The case was presented by Mr, LuBten,, Re stated that Mr, Sixto came
in.and showed him a copy of his airline ticket and asked that the case be
continued.
Mrs. Burch made a motion. to continue the case to the next regular meeting,
seconded by Mr. Patnik and passed unanimously,
.15. HEARING,, CASE NO 0.028391
UNSIGHTLY FASCIA, SOFFIT,- HOUSE EXTERIOR
150 NE 111th ST, OWNER; DOROTHY GARVIS
Mr. Trumble introduced the ease., statingno wpxk.has been done, A Mary
Ann Lewis called to state the violation has been corrected but he checked it
and the violation continues to exist,
Mrs. Burch. moved for Finding of Fact and Conclusion of Law -a violation
exists to Sec 12,133 to the,Miami, Shores Village Code of Ordinances, . ordered
that 30 days be allowed to -correct the violation, or a $25,00 per day fine be
levied. Mr, Patnik seconded the motion whichpassed unanimously,
CODEENFORCEMENT BOARD REG MTG 11/5/92
16. HEARING, CASE NO 002892
411 GENERAL UNSIGHTLINESS
150. NE 111th ST, OWNER: DOROTHY' GARVIS
Mr, Trumble introduced the case, He stated no work has been done,
Mrs, Burch moved for Finding of Fact and Conclusion of Law a violation
to Sec 10-1 of the Miami Shores Village Code does exist., Ordered that the
violation must be corrected in 30. days or a fine of $25,011 per day will be
levied. Mr. Owens seconded the motion, wbichpassed unanimously.
17. HEARING, CASE NO, 002898
INOPERABLE VEHICLE ON PREMISES
18 NE,lO7th ST, OWNER: RONALD LHERISSON
The case was introduced.by Mr. Trumble and he stated the vehicle has
not been moved., When he talked with the owner he was told -that Ronald
Lherisson must attend schooland has no time for these meetings, Members
reviewed pictures of the violation. very year
Mr. LuBien noted.. that since 1990 we have one casekagainst this same
person for the same violation,
Mr. Patnik made a motion for Finding of Fact and Conclusion of Law, a
violation exists to Sec 13.4, ordered.if not corrected in 30.days a fine of
$25,00 per day will go into effect, Mrs, Burch seconded the motion which.
passed unanimously.
18. HEARING, CASE NO 002899
INOPERABLE VEHICLE ON PREMISES
18 NE 1077th ST. OWNER; RONALD LHERISSON
Mr..Trumble Introduced the case, stating that if ever there was a.
repeat violator this is he.,.
Mr. Patnik made a motion for .Finding of Fact and Conclusion of Law a
violation exists to Sec 13 l,.and if not corrected in 30 days, a fine of
$25.00 per day will be levied, Mr. Owens seconded the motion and it passed
unanimously,
19. HEARING, CASE NO. 002859 (FRON 10/1/92 MEETING)
UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR
1026 NE 91st TERR. OWNER; CHRIS MURRAY
The case was introduced by Nr, Trumble who stated tbat.the property has
been sold but no one has moved in yet, The new owner is Chris Murray, The
violation still exists.
Mrs, Burch moved for Finding of Fact: and Conclusion of Law a violation
exists to Sec 12-133 of Miami Shores Village Code, ordered that a $25,00 'per
day fine will be levied if not corrected. in 30 days. Mx, Patnik seconded the
motion wbichpassed unanimously,
20. HEARING,. CASE NO 002875:
UNSIGHTLY FASCIA SOFFIT,HOUSE EXTERIOR
133 NW 103rd ST, OWNER; KITTY .DOR AN
The case was' introduced by... Mx, Trumble, stating the yard is ok,l abut no
work. has .bean done: on the house,
Members reviewed pictures of.. the Violation,
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CODE ENFORCEMENT BOARD REG NTG -6- 11/5/92
Mr, Owens moved for Finding . of Fact and Conclusion: of Law a violation
does exist to Sec 12133, ordered that a.$25,00 per day fine be levied if not
corrected in 30 days, The motion was seconded by Mr, Herrero and passed
unanimously,
21. HEARING, CASE NO, 002826
WEATHERTIGHT AND WATERTIGHT STRUCTURES
133 NW 103rd ST, OWNER; KITTY DORGAN
Mr, Trumble presented. the case as Board.Members'reviewed pictures of the
missing tiles on the roof,
Mrs, Burch moved for Finding of Fact and Conclusion of Law 4 violation does
exist to See 12.,.128 of the Miami Shores Village . Code of Ordinance, if not
corrected in 30 days a $25,QO.per day fine will.became effective, Mr, Patnik
seconded the motion and it passed unanumeusly,
The meeting adjourned at 9:15 P,M,
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