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11-05-1992 Regular Meetingi • • 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. • • 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, • 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, • • • 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, iA,/ tet:4-6241helb osteine Church APPRO homes .T , Caldwell.