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04-01-1993 Regular Meeting• • • CODE ENFORCEMENT BOARD REGULAR MEETING April 9, 1993 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, April 9, 1993 at 7;30 P,M, at the Miami Shores Village Halla The meeting was called to order by Mr, Barry Asmus, Chairman, with the following members present: Barry K Asmus, Chairman Thomas J, Caldwell Margaret Burch Daniel B. Owens John L. Patnik Jr, Absent; Prospero G. Herrera.II John L. Stokesberry Also present; Richard Trumble, Code Enforcement Inspector Jorge Garcia, Code Enforcement Inspector Jean Placide, Code Enforcelilent Inspector Frank LuBien, Director of Code Enforcement 1. MINUTES -MARCH 4, 1993 The minutes of the meeting of March 4, 1993 were approved as written, by a motion made by Mrs, Burch, seconded by Mr. Caldwell and passed unanimously, Cases were taken out of order so that people present could be heard first, 2. HEARING, CASE NO Q03021 BUSINESS FROM RESIDENCE 9430 BISCAYNE BLVD, OWNER; CHRISTINE MITCHELL Mr, LuBien, Mr, Trumble and Mr, Garcia were sworn in for the testimony they would give during the evening, Ms Mitchell and Sgt Martha:Reid of the Miami Shores Police Department also were sworn in, Sgt. Reid gave her testimony first and told how she came to the house of Christine Mitchell, who also -represented herself as a reverened. Mr. Robert E. Gluck, Attorney for Ms. Mitchell cross examined the Sgt., Richard Trumble stated he had an anonymous phone call stating Christine Mitchell was on Hot 105 radio. Ms. Mitchell stated that the Miami Beach office phone rings in her home when she is there. She further stated she is a Reverend, also that she saw Sgt. Reid at the, home because she seemed very nervous. Chairman Asmus indicated it seems to be a case of one persont's�word against another, Following additional conversation. Mr. Caldwell moved for a Finding of Fact and Conclusion of Law there is a violation of the Schedule of Regulations, ordered that if it isn't discontinued in 30 days a fine of $25.00 per day will become effective. The motion was seconded by Mr. Owens and passed by a 4/1 vote. Mrs. Burch voted No. • • • CODE ENFORCEMENT BOARD REGULAR MEETING -2- 441/93 3. Request for Relief, Case No, 2891/92 Unsightly Fascia Soffit, House Exterior 150 NE 111th ST, OWNER; Dorothy Garvis Mr. Morton R. Gondiss & Rina Winckler were sworn in, Mr. Gondiss stated Dorothy Garvis and her brother lived in the house together, they. became incapacited and were placed in separate facilities, Rina Winckler stated they were declared incompetent last July, she said she received no mail from the Village 'til January. Mr. Trumble produced two cards sent certified mail which were signed R. Winckler, Rina stated her son could have signed them. (His name is Robert). Mr, Trumble stated the fine accumulated was about $1,000.00 and is now in compliance. The house has been vacant, Mr. Caldwell made a motion that all the fixe be waived except $100.00. Mr. Owens seconded the motion and it passed by a 4/1 roll call vote, Mr. Asmus voted No. 4. REQUEST FOR RELIEF, CASE NO 2857 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 1026 NE 91st TERR, OWNER: JORGE CORTES Mr. Cortes was sworn in. Re stated the adjuster will be out Saturday. The architect is working with Frank LuBien on the plans, the roof is dried in, work is in progress, but he needs about 2 more months.. Following further discussion Mr, Caldwell moved the case be continued to the June meeting, Mrs, Burch seconded the motion and it passed by unanimous vote, 5. REQUEST FOR RELIEF, CASE NO 2894 UNSIGHTLY FASCIA. SOFFIT, HOUSE EXTERIOR 101 NW 106th ST OWNER.; . ANDRE DURMUS Mr. Dormus was sworn in. Mr. Trumble stated the violation still has not reviewed pictures of the violation, Mr. Dormus stated there is hurricane damage to before the house can be painted. He still has not insurance company. Mr. Owens moved the request for relief be denied, seconded by /It, Patnfik, In discussion Mr. Caldwell stated he felt the action a bit harsh, Mr, Owens and Mr. Patnik withdrew the motion and the second, Mrs. Burch: moved to waive $675.00 (or 2 of the fine) , no further fine accrue, if the violation is not corrected in 30 days it will go back to the original fine. Mr Owens seconded the motion and it passed unanimously, 6, HEARING, CASE NO 003056, MAINTAINING A NUISANCE_ 901 NE - 91st TERRACE' 'OWNER; _DONNA BRICE. been corrected, Members which the roofkmust be repaired been reimbursed by the Donna Brice was sworn in. She stated she lived in St Andrews, Jamaica and came straight from the airport for this hearing, She received mail there at: 71 Duke Street, Kingston, Jamaica, She said the damage was hurricane caused. CODE ENFORCEMENT BOARD REGULAR MEETING .3, 44/93. Mr, Tremble stated he had complaints regarding the septic tank and contacted her representative, Ms4Akbsolom, the house is rented and Ms. Absolom has no finances, Following further discussion, Mrs, Burch made a motion for Finding of Fact and Conclusion of Law a violation exists to Sec 1Q-5 of the Miami Shores Village Code, ordered that a fine of $25.00 per day will become effective if not corrected in 30 days, Mr, Owens seconded the motion which passed unanimously by roll call vote. 7. HEARING, CASE NO 003003 HEDGE/FENCE BEYOND HEIGHT LIMITATIONS 557 NE 92ne STREET JOSEPH PIERRE: OWNER Dr. Pierre was sworn in, He stated the wrought iron fence has been in place since 1935-40. He does not plan to live in the house and will cut it back to 5' if he has to. Mr. Trumble explained nothing has been done and there are no pictures of the violation. LuBien stated the chance of his obtaining a variance are next to none. Mrs. Burch moved for Finding of Fact a violation exists, Conclusion of Law this is a violation of 518(A) ordered if noettack in 30 days a $25,00 per day fine will become effective. Mr. Patnik seconded the motion and it passed unanimously, 8. HEARING, CASE NO 3060 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 9906 NORTH MAIMAVE OWNER; MELVIN ARY Beatrice Ary and her daughter Lillian Ary C*ho lives in the house) were sworn in, Mr, Garcia explained this is unauthorized construction without a permit, The violation continues, he explained her options to her, Members reviewed pictures of the violation, Mrs, Ary explained, her son bad done the work because bf the. roof leak in the rear of the house which rotted out the garage door, Mrs. Burch made a motion for Finding of Fact and Conclusion of Law a violation exists to 6-4 of the Miami Shores Village Code, ordered if not corrected in 60 days a fine of $25,00 per day will become effective, Mr, Caldwell seconded the motion which passed by unanimous roll call vote, 9. HEARING, CASE NO 003083 FAILURE TO OBTAIN AN OCCUPATIONAL LICENSE 70 NW 101st ST, OWNER: GARETH J. LEUSCHNER Mr. Leuschner was sworn in, His address is 419 NE 19t4 Street, Re indicated there is an error in the names of tenant and owner, The house was bought for himself, but was rented to people displaced from hurricane Andrew, Mr. Garcia stated that Mr. Leuschner still has not obtained an occupational license for renting the house, Mr, Caldwell moved for Finding of Fact & Conclusion of Law a violation does exist to 1417, ordered if not corrected in 30 days a $25.00 per day fine will become effective, Mt.( Owens seconded the motion which passed, 10. HEARING, CASE NO 003103 AUTO REPAIRS IN RESIDENTIAL ZONE 260 NIST 112th TERR OWNER: PHILIP KATZMAN Mr. Katzman was sworn in. Members reviewed pictures of the violation. • • CODE ENFORCEMENT BOARD REG MTG -4- 4///93 Mr. Garcia indicated this is an ongoing violation, because Mr, Katzman complies the day of the deadline for correction, Mr, Katzman had no defense. Mr. Caldwell moved for Finding of Fact and Conclusion of Law a violation did exist to the Schedule of Regulations, The motion was seconded by Mr, Owens and passed by unanimous roll, call vote, 11. HEARING, CASE NO 003104 UNAUTHORIZED STORAGE OF MATERIALS 260 NW 112th TERR OWNER; PHILIP KATZMAN Mr, Garcia stated the material is still in the yard as of todays date the violation continues. Mr. Caldwell made a motion for Finding of Fact and Conclusion of Law a violation exists to Sec 501tK) and 10-1 of the Miami: Shores Village Code, ordered if not corrected in 30 days a $25,00 per day fine will be assessed, Mrs. Burch seconded the motion and it passed by unanimous roll call vote, Mr, Caldwell recommended that Mr, Katzman continue to be monitored, 12, HEARING, CASE NO 003105 PET LIKITATION & CONTROL 9314 NW 2nd AVE OWNER: JEAN CLAUDE REMY Mrs. Remy and her daughter, Madaline were sworn in, Madaline spoke because of a language problem her mother has, Mr, Garcia stated he had received complaints of dog running loose and freightening school children. He has had no cooperation and the situation is dangerous. Mrs, Burch made a motion for Finding of Fact and Conclusion of Law a violation exists to Sec 5-22, ordered that if not corrected in 30 days, a fine of $25.00 per day will be levied, Mr, Caldwell seconded the motion and it passed by unanimous roll call vote, 13. HEARING, CASE NO 003013 NO ALARM PERMIT 1301 NE 100th ST, OWNER: EST OF ELIZABETH ROBBIE Mr. Trumble stated he has had no contact and the alarm permit bas, not been obtained, Mrs. Burch moved for Finding of Fact and Conclusion of. Law a violation exists to 547.91, ordered a $25,00 per day fine be levied if not corrected in 30 days, Mr, Owens seconded the motion which passed unanimously, 14, HEARING, CASE NO 003054 UNSIGHTLY FASCIA, SOFFIT, HOUSE EXTERIOR 8825 BISCAYNE BLVD OWNER: JUAN BERRY TENANT; LES ABEILLES RESTAURANT The violation is now corrected, No one was present to representMr., Berry, Mr. Owens made a motion to dig -miss the case, seconded by Mrs. Burch, the motion passed unanimously, • • • CODE ENFORCEMENT BOARD REG MTG -5- :4//093 15. HEARING, CASE NO 3Q58 BUSINESS FROM RESIDENCE 381W 109th ST OWNER: TONI MITCHELL No one was present to represent Toni Mitchell, The violation is corrected, Mr. Owens moved the case be dismissed, seconded by Nrs, Burch and passed unanimously, 16. HEARING,CASE NO 003064 IMPROPER STORAGE OF RUBBISH, GARAGE, ETC. 78 NW 106th ST OWNER: ANNETTE ATKINSON There was no one present to represent the owner,Annette Atkinson, Members reviewed pictures of the violation taken by Jorge Garcia, The tenants have been evicted and the property is now vacant, Mr. Caldwell moved that there was a violation of code 12-104, seconded by Mr. Owens, the motion4assed unanimously, 17. HEARING CASE NO 3061 UNAUTHORIZED CONSTRUCTION/ALTERATIONS 9325 NW 2nd COURT OWNER: YVAN FREDERIC Yvan Frederic had no representative present, Mr, Garcia stated windows were changed and no permit was obtained, Members reviewed pictures., Mr. Owens moved for Finding of Fact and Conclusion of Law a violation exists to Sec 604 of Miami Shores Village Code, ordered a fine of $25,00 be levied if not corrected in 30 days, Mr, Patna seconded the motion which passed uanaimously, 18. HEARING, CASE NO 0.03078 FAILURE TO MAINTAIN PARKWAY 29 NE 106th ST OWNER: JORGE I CUZA No representative was presnet of Mr, Cuza, Jorge Garcia stated the violation remains, Mrs. Burch moved for Finding of Fact and Conclusion of Lac violation exists to Sec 20.47, ordered that a fine of $25,00 per day be levied if not corrected in 30 days. The motion was seconded by Mr, Caldwell and passed unanimously. 19. HEARING, CASE NO 003077 IMPROPER STORAGE OF RUBBISH, GARBAGE, ETC 9526 NORTH MIAMI AVE OWNER: JOSEPH CEDIEU Mr. Garcia reported the violation continues, Mr6. Burch made a motion for Finding of Fact and Conclusion of Lasa violation exists to 12-104, ordered thatif not corrected::in 30 days a fine of $25,00.per day will be levied, Mr, Caldwell seconded the xaoti.on nand it passed unanimously, CODE ENFORCEMENT BOARD REG MTG -6- 4/4/93 20. HEARING, CASE NO 003087 INOPERABLE VEHICLE ON PREMISES 10300. NORTH MIAMI AVE OWNER; ROBERT W, COLLINS Mr. Caldwell moved for Finding of. Fact and Conclusion of Law a violation exists. Ordered that after 30 days a fine of $25,00 per day will be levied, Mrs. Burch seconded the motion which passed unanimously, 21. HEARING, CASE NO 003100 NO ALARM PERMIT 58 NW 104th ST OWNER: GENOVEVA RODRIGUEZ Mrs. Burch moved for Finding of Fact and Conclusion of Law a violation exists to 547-91, ordered that 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. 22. HEAIRNG, CASE NO 003096 NO ALARM PERMIT 170 NW 99th ST OWNER: EDWARD & CECEIL MCLEAN Mr. Owens made a motion for Finding of Fact and Conclusion of Law a violation exists to 547-91, ordered that if not corrected in 30 days a fine of $25.OQ per day will go into effect. The motion was seconded by Mrs, Burch and passed unanimously, 23. HEARING, CASE NO 3094 UNLAWFUL STRUCTURE 9816 NORTH MIAMI AVE. OWNER: JOSEPH TANNIS The owner has complied and Mr, Garcia has closed the case, Mr, Owens moved to dismiss the case, seconded by Mrs, passed unanimously. The meeting adjourned at 9:30 P,M, :plitiRindLh, Secretary