03-03-1994 Regular Meeting•
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CODE ENFORCEMENT BOARD REGULAR MEETING
MARCH 3, 1994
A regular meeting of the Miami Shores Village Code Enforce-
ment Board was held on Thursday March 3, 1994 at the Miami
Shores Village Hall. The meeting was called to order by
Chairman Asmus at 7:30 P.M. with the following members
present:
Thomas Caldwell
John Patnik Jr.
Margaret Burch
Ivor Hegedus
Daniel Owens
Prospero G. Herrera II
Barry Asmus
Also Present:Mr. Frank LuBien, Director of Code Enforcement
Mr. Jean Placide, Code Enforcement Inspector
Mr. LuBien and Mr. Placide were sworn In for the meeting.
Mr. LuBien announced that Mr. Scott Davis, Village Clerk of
Miami Shores Village, would be addressing the Board at the
request of the Village Manager to review the Sunshine Law.
Mr. Davis highlighted the following requirements of the Sun-
shine Law:
1. Sunshine related laws are found in the State Statutes of
Chapter 286.04 and Chapter 119.
2. If two or more members of an advisory board meet to discuss
Board related issues the meeting must be In the sunshine. They
cannot talk on the telephone or discuss Board related Issues at
public functions.
3. Workshop meetings of the Council must be noticed and held In
the sunshine.
4. Public notice constitutes posting of a notice preferably an
agenda 24 hours In advance of the called meeting.
5. Inspection trips by Board members or Council members are
allowed; however, no Village business may be discussed.
Discussion of the Inspection will continue when the meeting is
reconvened.
6. Meeting may not be held in any facility that restricts access
to any group of people. Meetings must be held In facilities
that will hold the reasonably expected number of attendees.
7.The public may record the meeting If the process Is not
disruptive to the meeting.
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Code Enforcement Board meeting - 2 - March 3, 1994
8. All Board members must vote on every item on the Agenda. The
only time a member can abstain from voting is If they declare
that they have a conflict of Interest and fill out Form 8 and
the form is attached to the minutes and becomes a part of the
minutes.
9. The use of secret ballots Is prohibited.
10. All meetings must be recorded In the form of minutes.
Verbatim minutes are not required. A brief summary Is all that
Is required.
11. Letters, bids, minutes, personnel files, computer flies and
general informational files In the Village offices are consider-
ed public access records and the general public may access these
and all papers in Village Hall.
Mr. Davis summerized the Sunshine Law and stated that Florida
has the most comprehensive set of sunshine laws than any other
State and they are more comprehensive than the sunshine laws
followed by the Federal Government.
Mr. Davis stated that at any time anyone on the Board has any
questions regarding the Sunshine Law that he (Mr. Davis) was
available In City Hall at any time to answer their questions.
• 1. Minutes of February 3, 1994
Ms. Burch moved to approve the Minutes of February 3, 1994 as
submitted. Mr. Hegedus seconded the motion and it passed
unanimously.
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2. Case 3744
John C. Young
149 NW 100 Street
Painting the exterior walls of the property without first
obtaining a building permit.
Mr. Placide stated that as of this date, a permit was not
obtained.
Mr. Young was sworn In for the meeting.
Mr. Young stated that he painted the walls himself and that his
cost did not exceed $100 but, he became hospitalized for 2 weeks
and was not able to finish the fob. Mr. Young also stated that
he would obtain a permit to finish the work as soon as possible.
Ms. Burch moved for a Finding of Fact and Conclusion of Law that
a violation exists to Section 6-4 of the Miami Shores Village
Code and ordered If not corrected in 30 days, a fine of $25 per
day will become effective. Mr. Caldwell seconded the motion and
it passed unanimously.
Code Enforcement meeting
- 3 - March 3, 1994
Case 3743
• 402 NW 111 Terrace
Angela Morrison
Unauthorized storage of cardboard boxes, barrel, red motorcycle
on the front porch and a sofa bed In the driveway of the re-
sidence.
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Mr. Placide stated that the violation had been corrected.
Mr. Caldwell moved for a Finding of Fact and Conclusion of Law
that there was a violation to Section 501 (K) 10-1 of the
Village and that this was a repeat violation. Ms. Burch
seconded the motion and it passed unanimously.
Ms. Burch moved to dismiss the case. Mr. Caldwell seconded the
motion and It passed unanimously.
Case 3764
50 NE 110 St
Scott D. Durban
Repainting the exterior walls of the residence without obtaining
a building permit.
Mr. Placide stated that a permit had not been Issued as of this
date.
Mr. Caldwell moved for a Finding of Fact and Conclusion of Law
that a violation exists to Section 6-4 of the Miami Shores
Village Code and ordered If not corrected In 30 days, a fine of
$25 per day will become effective. Mr. Owens seconded the
motion and it passed unanimously.
Case 3771
260 NW 112 Terrace
Philip Katzman
Unauthorized storage of materials (sofa, chair, armoire etc.)
In the front carport of the residence (north side of property).
Mr. Placide stated that the violation has been corrected as of
this date.
Mr. Caldwell moved for a Finding of FAct and Conclusion of Law
that there was a violation to Section 501 (K) 10-1 of the
Village Code and that this was a repeat violation. Ms. Burch
seconded the motion and It passed unanimously.
Mr. Caldwell moved to dismiss the case. Ms. Burch seconded the
motion and It passed unanimously.
Case 3776
71 NW 93 St
John Dixon
Failure to provide acceptable safety barrier for swimming pool
In backyard.
Code Enforcement meeting
- 4 - March 3, 1994
Mr. Placide stated that the violation has been corrected as of
this date.
• Ms. Burch moved to dismiss the case. Mr. Caldwell seconded the
motion and It passed unanimously.
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Case 3777
71 NW 93 Street
John Dixon
Pool clarity very poor: water murky and dirty. Bottom of pool
not visible.
Mr. Placide stated that the violation has not been corrected as
of this date.
Ms. Burch moved for a Finding of Fact and Conclusion of Law that
a violation exists to Section 10-5 of the Miami Shores Village
Code and ordered If not corrected In 30 days, a fine of $25 per
day will become effective. Mr. Caldwell seconded the motion and
it passed unanimously.
Case 3784
29 NW 110 St
Guyrla Larsen, Andre Homere & Marie Louis
Property designed for one single family is occupied by 3 or more
non -family members.
Mr. Placide stated the property owner submitted a letter stating
that the violation has been corrected. Mr. Placide passed the
letter to the Board for their consideration.
After the Board read the letter from the property owner,
Mr. Caldwell moved to dismiss the case. Ms. Burch seconded the
motion and It passed unanimously.
A motion for adjournment was made at 7:58 P.M.
eronica A. Galli, ecretary
Barry
smus, Chairman