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04-07-1994 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING APRIL 7, 1994 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 7, 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: • John A. Patnik Jr. Margaret Burch Daniel B. Owens Prospero G. Herrera II Barry K. Asmus Absent: Ivor Hegedus and Thomas Caldwell Also Present: Mr. Frank LuBlen, Director of Code Enforcement Mr. Richard Trumble, Code Enforcement Inspector Mr. Jean Placide, Code Enforcement Inspector Mr. LuBlen, Mr. Trumble and Mr. Placide were sworn In for the meeting. 1. Minutes of March 3, 1994 Ms. Burch moved to approve the minutes of March 3, 1994 as submitted. Mr. Patnik seconded the motion and it passed unanimously. 2. Case 3617 Continued from Jan 6, 1994 Code Enforcement meeting. Philip S. Davis 893 NE 96 Street Exterior of house and perimeter wall have mildew and peeling paint. Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, In the case of excessive scaling of paint or excessive mildew, to cause q substantial depreciation In property values In the immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adJacent premises. Mr. Davis was sworn In for the meeting. Mr. Trumble reported the violation was not corrected. Mr. Davis explained the financial problem that he had In obtaining sufficient funds to do the work. Mr. DAvis requested 60 days to complete the work. Inlight of the fact that there Is an outstanding order and fine on this case, and the violation has not been corrected, Mr. Owens moved to take no action on this case at this time. Mr. Patnik seconded this motion and It passed unanimously, Mr. Davis was Instructed by the Chairperson that when he has complied with the code he can return to the Board. Code Enforcement meeting - 2 - April 7, 1994 • Case 3578 request for relief. • Elsie Baloff 336 NE 98 St General unsightliness Section 10-1. Property to be maintained In safe, clean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property In a safe, clean and sightly condition and to remove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill In all excavations and depressions thereon. Mr. LuBlen sreported that the case had been closed, but there was an outstanding fine of $2,275. Ms. Baloff was sworn In for the meeting. Ms. Baloff stated that she had hand delivered a letter to the Code Enforcement Department stating that her property was In compliance as of December 2, 1993. Mr. Placlde stated that as of December 4, 1993, Ms. Baloff had compiled with some regulations but, there were still some pend - Ing violations. After further discussion, Ms. Burch moved to approve the re- quest for relief and waive the fine of $2,275. Mr. Patnik seconded the motion and it passed unanimously. Case 3690 Elizabeth Gerber 9767 NE 13 Ave Soffit has mildew and peeling paint everywhere. Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, In the case of excessive scaling of paint or excessive mildew, to cause a substantial depreciation In property values In the immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Ms. Gerber was sworn In for the meeting. Ms. Gerber stated that the house was not In compliance as of April 7, because she felt sure the house would be sold by that time. Mr. Owens moved for a Finding of Fact and Conclusion of Law • Code Enforcement meeting - 3 - April 7, 1994 that a violation exists to Section 12-133 of the Miami Shores Village Code and ordered If not corrected In 45 days, a fine of $25 per day will become effective. Ms. Burch seconded the motion and it passed unanimously. Case 3691 Elizabeth Gerber 9767 NE 13 Ave Missing tiles on roof. Section 12-128. Weathertight and watertight condition. Every structure used for human habitation shall be so main- tained that it will be weathertight and watertight. Exterior walls, roofs and all openings around doors, windows, chimneys and all other parts of the structure shall be so maintained as to keep water from entering the structure and to prevent undue heat loss. Damaged materials must be repaired or replaced. All parts of the structure that show evidence of dry rot or other deterioration shall be repaired, replaced and refinished to be In conformity with the rest of the structure. Window panes permitting entrance of water shall be replaced. Mr. Trumble stated that the violation has not been corrected as of this date. Mr. Patnik moved for a Finding of Fact and Conclusion of Law • that a violation exists to Section 12-128 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 3766 Janice L. Sexton 9101 NE 2 Ave Erecting a 5' chain-link fence on the east side of the pro- perty without first obtaining a building permit. Section 6-4. Permits -Application generally. (a) Required. No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, Improve, alter, convert, extend or demolish any building or structure, or any group of buildings and/or structures under one (1) or Joint ownership whether on one or more lots or tracts of land; or cause the same to be done where the cost of the work is one hundred dollars ($100) or move In value; and On any remodeling or alteration Job of any value; without first obtaining a permit therefor from the building department. Mr. Piaclde stated that as of this date, no permit has been issued. Mr. Demergen was sworn In for the meeting. • • Code Enforcement meeting - 4 - April 7, 1994 Mr. Demergen stated that he was told that If the estimated cost Is less than $100, there Is no need to pull a permit. 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 If not corrected within 30 days, a fine of $25 per day will become effective. Mr. Patnik seconded the motion and it passed unanimously. Case 3767 Janice L. Sexton 9101 NE 2 Ave Allowing sidewalk on the south side of the property to become unsafe & dangerous (broken flags of approximately 10'). Section 20-31. Maintenance by property owners. It shall be unlawful for any owner of property In the village which Is contiguous to any sidewalk or across which any side- walk may extend to allow such sidewalk to be or remain In such condition as to make the use thereof unsafe or dangerous. Mr. Placlde stated that some minor repair was done to the sidewalk, but that It Is not In compliance with the Code. After further discussion, Ms. Burch moved to take no action for 90 days. Mr. Patnik seconded the motion and It passed unanimously. Case 3787 Sven Rostad 10650 NE 10 Court White Ford van bearing "Viking Plumbing" markings parked In the swale area of the residence. Schedule of Regulations: Commercial vehicles: (Other than one commercial vehicle of not exceeding 3/4 ton capacity on any plot if housed In a complete- ly enclosed garage), shall not be permitted to stand in any place except temporary while In connection with going to or from a use existing In the district. Mr. Placlde stated that as of April 6, 1994, the Van had been moved to the rear of the property and covered with a blue plastic cover. Mr. Rostad was sworn In for the meeting. Mr. Rostad stated that the Van Is not a commercial van, but a vehicle for pleasure and that the vehicle In question Is located at the home of his mechanic. • Code Enforcement meeting - 5 - April 7, 1994 After further discussion, Ms. Burch moved that no action be taken at this time. Mr. Owens seconded the motion and It pass- ed unanimously. Case 3796 Charles H. Harper 298 NE 91 Street Repaving the swale area and driveway of the residence without first obtaining a building permit. Section 6-4. Permits -Application generally. (a) Required. No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, Improve, alter, convert, extend or demolish any building or structure, or any group of buildings and/or structures under one (1) or Joint ownership whether on one or more lots or tracts of land; or cause the same to be done where the cost of the work Is one hundred dollars ($100) or more In value; and on any remodeling or alteration Job of any value; without first obtaining a permit therefor from the building department. Mr. Placlde stated that as of April 7, 1994, no permit has been Issued. Mr. Harper was sworn In for the meeting. • Mr. Harper stated that no permit had been pulled because his architect had been sick. • Ms. Burch moved for a Finding of FAct and Conclusion of Law that a violation exists to SEctlon 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. Patnik seconded the motion and it passed unanimously. Case 3793 O.K. Doyle/Hendricks & Hendricks 405 NE 101 St Mildew and peeling paint on exterior walls. Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, In the case of excessive scaling of paint or excessive mildew, to cause a substantial depreciation In property values In the immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Mr. Trumble stated that the house has been sold and that the violation has not been corrected as of this date. • • Code Enforcement meeting - 6 - April 7, 1994 After further discussion, Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-133 of the Miami Shores VIIIage Code and ordered If not corrected In 30 days a fine of $25 per day will become effective. Mr. Patnik seconded the motion and it passed unanimously. Mr. Hendrick asked the Board for an extension of 45 days. After a discussion, Mr. Owens moved to extend the period of time from 30 days to 45 days. Ms. Burch seconded the motion and It passed unanimously. Case 3820 Regina L. Tanner 92 NW 100 Terrace Commercial vehicle In residential zone. Schedule of Regulations: Commercial vehicles: (Other than one commercial vehicle of not exceeding 3/4 ton capacity on any plot If housed In a complete- ly enclosed garage), shall not be permitted to stand In any place except temporary while In connection with going to or from a use existing In the district. Mr. Placide stated that the violation had 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 12-18 of the Miami Shores VIIIage 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 3821 Regina Tanner 92 NW 100 Terrace Trash cans, plastic shelves, cans of pet food and other small unknown Items stored In the front porch of the residence. Section 501 (k). Prohibited uses. No use shall hereafter be established In any district unless the same Is Included among the uses permitted In such district as set forth In the schedule adopted by Article IV, either by specific listing or by the application of standards specified In this ordinance. For the purpose of clarification, the following list sets forth uses that are among those that shall not be deemed to be permitted anywhere In the village: (k) Storage or disposal of Junk, trash, Including but not Limited to derelict, Inoperable, or partially dis- mantled trailers, boats, vehicles, machinery, re- frigerators, washing and drying machines, plumbing fixtures, or any other similar type of personal pro- • • Code Enforcement meeting - 7 - April 7, 1994 perty; provided, nevertheless, it Is not the Intent hereof to prohibit the deposit of such Items In a usual location for waste collection, provided it is not or will not become a nuisance, and the same will be collected by the waste division of the public works department, or a Miami Shores Village authorized commercial waste collector. However, In the case of hazardous waste (as defined by the Dade County Code), (such waste) shall be promptly transported to a certified hazardous waste disposal facility. Section 10-1. Property to be maintained In safe, clean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property In a safe, clean and sightly condition and to remove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill In all excavations and depressions thereon. Mr. Placide stated that the violation had been corrected. Ms. Burch moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. Chairman Asmus called a recess at 9:25 P.M. and reconvened the meeting at 9:30 P.M. Case 3692 Frank AlbaladeJo 36 NW 101 St No tiles on roof of residence. Section 225. Masonry construction. Construction of all exterior walls and all structural elements of a building shall be of stone, cement or cement products, brick or tile, and as further detailed In Chapter 27 of the South Florida Building Code. All roofs with inclines of not less than two and one-half (2 1/2) Inches per foot and all mansard fascias' shall be of the following materials: 1) Clay tile; 2) White concrete tile; 3) Solid colored cement tile which color Is impregnated with the same color intensity throughout; 4) Thick butt variegated slate; Mr. Placide stated that the violation has not been corrected as of this date. • • Code Enforcement meeting - 8 - April 7, 1994 Mr. Herrera moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 2-25 of the Miami Shores Village Code and ordered If not corrected in 30 days, a fine of $50 per day will become effective. Mr. Patnik seconded the motion and It passed unanimously. After a discussion, Ms. Burch moved to amend the motion to $25 per day fine. Mr. Owens seconded the motion and It passed unanimously. Case 3754 Douglas S. McLaughen 126 NE 97 Street Gray 4 -door Saab turbo parked In swale area of residence. Vehicle has no current tag attached to it. Section 13-1. Storage of Inoperable motor vehicles. (a) No person, firm or corporation owning, leasing, renting or occupying land In the village shall permit, maintain, park or store thereon for any purpose any motor vehicle not In provable operating condltlon, unless such motor vehicle Is maintained, parked or stored within a total enclosure. A motor vehicle shall be presumed inoperative when a valid and unexpired license tag is not attached as required by state law, or when the vehicle upon visual inspection by the village manager or his lawful designate or representative appears patently unfit for safe operation on the public roads; provided, however, that this section shall not apply to house trailers, to antique vehicles licensed as such by the state, or to storage of motor vehicles by persons or businesses licensed for such purpose by the village. Mr. Placide stated that the violation had been corrected as of this date. Ms. Burch moved to dismiss the case. Mr. Owens seconded the motion and It passed unanimously. Case 3755 Douglas S. McLaughen 126 NE 97 Street Blue 4 -door Oldsmobile station wagon parked In driveway of residence. Vehicle has not tag attached to it. Section 13-1. Storage of inoperable motor vehicles. (a) No person, firm or corporation owning, leasing, renting or occupying land In the village shall permit, maintain, park or store thereon for any purpose any motor vehicle not In provable operating condltlon, unless such motor vehicle Is maintained, parked or stored within a total enclosure. A motor vehicle shall be presumed Inoperative when a valid and unexpired license tag is not attached as required by state law, or when the vehicle upon visual inspection by the village manager or • • Code Enforcement meeting - 9 - April 7, 1994 his lawful designate or representative appears patently unfit for safe operation on the public roads; provided, however, that this section shall not apply to house trailers, to antique vehicles licensed as such by the state, or to storage of motor vehicles by persons or businesses licensed for such purpose by the village. Mr. Placide stated that the violation has been corrected. Ms. Burch moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. Case 3770 Philip Katzman 260 NW 112 Terrace North section of roof covered with plastic. No tiles on roof. Section 12-128. Weathertight and watertight condition. Every structure used for human habitation shall be so main- tained that It will be weathertight and watertight. Exterior walls, roofs and all openings around doors, windows, chimneys and all other parts of the structure shall be so maintained as to keep water from entering the structure and to prevent undue heat loss. Damaged materials must be repaired or replaced. All parts of the structure that show evidence of dry rot or other deterioration shall be repaired, replaced and refinished to be In conformity with the rest of the structure. Window panes permitting entrance of water shall be replaced. Mr. Placide stated that the violation has not been corrected as of this date. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-128 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 3806 Jean M. Alphonse 150 NW 99 St Red Mercedes Benz parked on grass In backyard. Vehicle has no tag attached to It. Section 13-1. Storage of Inoperable motor vehicles. (a) No person, firm or corporation owning, leasing, renting or occupying land In the village shall permit, maintain, park or store thereon for any purpose any motor vehicle not In provable operating condition, unless such motor vehicle Is maintained, parked or stored within a total enclosure. A motor vehicle shall be presumed Inoperative when a valid and unexpired license tag Is not attached as required by state law, or when the vehicle upon visual Inspection by the village manager or • Code Enforcement meeting - 10 - April 7, 1994 his lawful designate or representative appears patently unfit for safe operation on the public roads; provided, however, that this section shall not apply to house trailers, to antique vehicles licensed as such by the state, or to storage of motor vehicles by persons or businesses licensed for such purpose by the village. Mr. Placide stated that the violation has not been corrected as of this date. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 13-1 of the Miami Shores Village Code and ordered if not corrected In 30 days, a fine of $25 a day will become effective. Mr. Patnik seconded the motion and it passed unanimously. Case 3808 Jean M. Alphonse 150 NW 99 St Window panes missing on the south side of the property. Doors missing on the metal shed in the backyard. Section 12-128. Weathertight and watertight condition. Every structure used for human habitation shall be so main- • tained that it will be weathertight and watertight. Exterior walls, roofs and all openings around doors, windows, chimneys and all other parts of the structure shall be so maintained as to keep water from entering the structure and to prevent undue heat loss. Damaged materials must be repaired or replaced. All parts of the structure that show evidence of dry rot or other deterioration shall be repaired, replaced and refinished to be In conformity with the rest of the structure. Window panes permitting entrance of water shall be replaced. Mr. Placide stated that the violation has not been corrected as of this date. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-128 of the Miami Shores Village Code and ordered if not corrected In 30 days, a fine of $25 a day will become effective. Mr. Patnik seconded the motion and It passed unanimously. Case 3805 Joseph Tannis 9816 North Miami Ave Sections of the wooden fence missing on the east side and west side (near alley) of the property. • • • Code Enforcement meeting - 11 - April 7, 1994 Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, In the case of excessive scaling of paint or excessive mildew, to cause a substantial depreciation In property values In the immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Mr. Placide stated that the violation has not been corrected as of this date. Mr. Patnik moved for a Finding of FAct and Conclusion of Law that a violation exists to Section 12-133 of the Miami Shores Village Code and ordered If not corrected In 30 days, a fine of $25 a day will become effective. Ms. Burch seconded the motion and it passed unanimously. Case 3816 Cassie S. Holt 189 NW 102 St Beige 4 -door Chevrolet parked In swale area of the residence. Vehicle has the left front tire flat and FL tag LWM98K expired 01/94. Section 13-1. Storage of Inoperable motor vehicles. (a) No person, firm or corporation owning, leasing, renting or occupying land In the village shall permit, maintain, park or store thereon for any purpose any motor vehicle not In provable operating condition, unless such motor vehicle Is maintained, parked or stored within a total enclosure. A motor vehicle shall be presumed inoperative when a valid and unexpired license tag Is not attached as required by state law, or when the vehicle upon visual Inspection by the village manager or his lawful designate or representative appears patently unfit for safe operation on the public roads; provided, however, that this section shall not apply to house trailers, to antique vehicles Ilcensed as such by the state, or to storage of motor vehicles by persons or businesses licensed for such purpose by the village. Mr. Placide stated that the violation has been corrected. Ms. Burch moved to dismiss the case. Mr. Herrera seconded the motion and It passed unanimously. Case 3845 Traveland, Inc. 9628 NE 2 Ave *E Manufacturing wall panels for housing without occupational license. • Code Enforcement meeting - 12 - April 7, 1994 Section 14-17. Required; hours for retail sales. No person shall, within the limits of the village, engage In or manage any business, occupation or profession without first having paid the amount of license tax required by this chapter and without first having obtained a village occupational license year, or fractional part thereof, during which such business, occupation or profession Is commenced, carried on or engaged In. Such occupational license shall be applied for and obtained before the commencement of any such business, occupation or profession, and annually thereafter on or before October 1 of each year as long as such business, occupation or profession Is carried on. Provided, nevertheless, that the retail sale of consumer goods between the hours of 1:00 a.m. and 6:00 a.m. Is prohibited. Mr. Trumble 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 14-17 of the Miami Shores Village Code and ordered if not corrected In 30 days, a fine of $25 a day will become effective. Mr. Owens seconded the motion and it passed unanimously. Case 3846 Eunice L. Sheldon 181 NW 100 Terrace Hedges In front of the property (west side) exceeding height limitations. Section 518. (a) (Fences, walls and hedges.) Fences, walls and hedges may be located within any yard, in- cluding the margining thereof, subject to the following re- quirements: (a) Maximum height: Five (5) feet In any required front yard facting U.S. Highway No. 1 and three and one-half (3 1/2) feet In any required front yard elsewhere; in any required side yard or rear yard, five (5) feet; except that: Mr. Placide stated that the violation has been corrected as of thls date. Mr. Patnik moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. A motion for adjournment was made at 9:45 P.M. e, Veronica A. Galli, Secretary mas J. Caidwe I, Vice Chairman