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06-02-1994 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 2, 1994 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 2, 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 11 Thomas J. Caldwell Barry K. Asmus Ivor Hegedus Absent: Mr. Frank LuBien Also Present: Mr. Richard Trumble, Code Enforcement Inspector Mr. Jean Placide, Code Enforcement Inspector Mr. Trumble and Mr. Placide were sworn In for the meeting. 1. Minutes of May 5, 1994 Ms. Burch moved to approve the minutes of May 5, 1994 as sub- mitted. Mr. Owens seconded the motion and It passed unanimously. 2. Hearing Case 3847 Eunice L. Sheldon 181 NW 100 Terrace Southwest portion of roof needs repair. 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 or 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 the violation has not been corrected as of June 1, 1994. Mr. Caldwell 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 If not corrected within 30 days, a fine of $25 per day will become effective. Ms. Burch seconded the motion and It passed unanimously. Case 3859 411 Steve Valdelamar 189 NW 99 Street Exterior of the residence (walls, garage door, fascia, soffit) has mildew, peeling paint etc. • • • Code Enforcement meeting - 2 - June 2, 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 or 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 the violation has not been corrected as of June 2, 1994. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 12-133 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 3908 Michael Davis 464 NE 91 Street Repaving a driveway and part of a swale 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 re- modeling or alteration Job of any value; without first obtaining a permit therefor from the building department. Mr. Placide stated the violation has been corrected. Ms. Burch moved to dismiss the case. Mr. Patnik seconded the motion and it passed unanimously. Case 3916 Carlos Navarro 112 NE 98 St Installing a garage door (N/S) and a side entry door on the west side 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 • Code Enforcement meeting - 3 - June 2, 1994 ownership whether on one or more Tots 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 re- modeling or alteration Job of any value; without first obtaining a permit therefor from the building department. Mr. Placide stated the violation has not been corrected as of June 2, 1994. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation does exist 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. Caldwell seconded the motion and it passed unanimously. Case 3923 Mr. & Mrs. Pad, 270 NE 100 St Metal awnings leaning against west wall of property. 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 or 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 the violation has not been corrected as of June 2, 1994. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 12-133 of the Miami Shores Village Code and If not corrected within 30 days, a fine of $25 per day will become effective. Ms. Burch seconded the motion and it passed unanimously. Case 3930 Reynald Emile & Eliphete Fede 225 NW 92 St Commercial white Ford cargo truck parked in backyard of pro- perty. SCHEDULE OF REGULATIONS - Commercial vehicles: (Other than one commercial vehicle of not exceeding 3/4 ton capacity on any plot if housed In a completely 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 has not been corrected as of June 2, 1994. • • Code Enforcement meeting - 4 - June 2, 1994 Mr. Hegedus moved that a violation does exist to the Schedule of Regulations of the Village of Miami Shores and that 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 3939 Guillermo Rivera Colon 294 NE 97 St Inoperable brown Chevrolet parked In rear yard. No tag on vehicle. 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 en- closure. 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 the violation has been corrected. • Ms. Burch moved to dismiss the case. Mr. Patnik seconded the • motion and it passed unanimously. Case 3940 Guillermo Rivera Colon 294 NE 97 St Inoperable blue Datsun parked on grass In backyard. NO tag on vehicle. 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 en- closure. 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 the violation has not been corrected as of June 2, 1994. • • • Code Enforcement meeting - 6 - June 2, 1994 Mr. Caldwell 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 If not corrected within 30 days, a fine of $25 per day will become effective. Ms. Burch seconded the motion and it passed unanimously. Case 3941 Peter Vasquez 561 NE 87 St 1 Dresser, 1 Couch, 1 Cocktail table, 1 table with two chairs out on front side walk. Section 502. (Uses customarily conducted within buildings.) Every use customarily conducted within a building shall be conducted within a building enclosed on all sides. It is Intended by this provision to prohibit anywhere within the village: (a) The maintaining of an open front building for any use except an accessory carport or garden structure, and (b) The conducting of any use outside a building except as specifically permitted In this ordinance, Including as a part of the latter such outdoor servicing or motor vehicles as Is customary In the operation of a gasoline station. Mr. Vasquez was sworn In for the meeting. Mr. Vasques stated that he only places the furniture outside upon delivery and pick-up. Both Code Enforcement Officers stated that the furniture In question was on the front side walk for an extended period of time. Mr. Caldwell moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 502 of the Miami Shores Village Code and If not corrected within 30 days, a fine of $25 per day will become effective. Mr. Owens seconded the motion and It passed unanimously. Case 3950 Summa Properties, Inc. 76 NW 97 St Painting the exterior walls and roof of the property 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 • • • Code Enforcement meeting - 6 - June 2, 1994 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 re- modeling or alteration Job of any value; without first obtaining a permit therefor from the building department. Mr. Placlde stated the violation has not been corrected as of June 2, 1994. Mr. Burch moved for a Finding of Fact and Conclusion of Law that a violation does exist 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. Herrera seconded the motion and It passed unanimously. Case 3951 Summa Properties, Inc. 76 NW 97 Street Remodeling the Interior of the residence (plumbing, electrical work etc.) without 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 Tots 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 re- modeling or alteration Job of any value; without first obtaining a permit therefor from the building department. Mr. Placlde stated the violation has not been corrected as of JUne 2, 1994. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation does exist 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. Hegedus seconded the motion and It passed unanimously. Case 3952 Eleuterlo Colon Almodovar 182 NW 95 Street Inoperable red 2 -door vehicle on stands and parked in backyard of property. 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 condition, unless such motor vehicle is maintained, parked or stored within a total en • • • Code Enforcement meeting - 7 - June 2, 1994 closure. 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 the violation has not been corrected as of June 2, 1994. Mr. Caldwell moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 13-1 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 3990 Don G. Gerloff 1350 NE 101 St Miscellaneous construction material In rear yard. Section 12-104. Storage or removal of rubbish, garbage, etc. Exterior property areas shall be kept free from organic and Inorganic material that might become a health, accident or fire hazard, whether or not such areas are used for human habitation. Containers with covers shall be provided for the temporary storage of garbage and rubbish. Materials of an Inflammable nature shall be safely stored or removed from the premises. Rubbish, trash, debris, dead trees or other un- sightly or unsanitary matter on the premises shall be removed by owner or occupant or both. Mr. Gerloff was sworn In for the meeting. Mr. Gerloff stated that his lawyer was out of town and that he, (Mr. Gerloff), wanted his lawyer present for the meeting. Mr. Gerloff asked the Board for a continuance. Ms. Burch moved for an continuance of 30 days. Mr. Owens seconded the motion and It passed unanimously. Case 3991 Don Gerloff 1350 NE 101 Street Dismantled or wrecked helicopter in rear yard. 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 • • Code Enforcement meeting - 8 - June 2, 1994 shall not be deemed to be permitted anywhere In the village: (k) Storage or disposal of Junk, trash, Including but lot 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- 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. Gerloff requested a continuance In order to have his lawyer present. Ms. Burch moved for a continuance of 30 days. Mr. Owens seconded the motion and It passed unanimously. Case 3993 Don G. Gerloff 1350 NE 101 St Flat roof south west corner or house is collapsing. 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 or 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. Gerloff requested a continuance In order to have his lawyer present. Ms. Burch moved for a continuance of 30 days. Mr. Owens seconded the motion and it passed unanimously. • • Code Enforcement meeting - 9 - June 2, 1994 Case 3994 Don G. Gerloff 1350 NE 101 St Unfinished patio cover structure Is unsightly In the wrong location. Section 10-5. Maintaining source of noxious odors or gas, disturbing noise or other nuisance. It shall be unlawful to maintain any source or cause of noxious odor or gas or of any loud, disturbing noise or other nuisance, or to cause the same to exist. Mr. Gerloff requested a continuance In order to have his lawyer present. Ms. Burch moved for a continuance of 30 days. Mr. Owens seconded the motion and it passed unanimously. Case 3977 Denise Horner 154 NW 111 Street Overgrown trees on the east and west side of property. Section 518. (a) (Fences, walls and hedges.) Fences, walls and hedges may be located within any yard, including the margining thereof, subject to the following re- quirements: (a) Maximum height: Five (5) feet In any required front yard facing 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: 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. Piaclde stated the violation has been corrected. Ms. Burch moved to dismiss the case. Mr. Patnik seconded the motion and it passed unanimously. Case 4002 Summa Properties, Inc. 76 NW 97 St Construction debris dumped in backyard against south wall of property. Section 501. (k) (Prohibited uses.) No use shall hereafter be established In any district • • Code Enforcement meeting - 10 - June 2, 1994 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 lot 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- 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 the violation has been corrected. Ms. Burch moved to dismiss the case. Mr. Patnik seconded the motion and it passed unanimously. Case 4007 France Isaac 171 NW 91 Street Dead leaves, grass cuttings dumped In alleyway. No trash bags used. Section 9-2 (b) Containers for grass cuttings, leaves. Grass cuttings and leaves from shrubbery and trees shall be placed in containers with a minimum capacity of twenty (20) gallons and a maximum capacity of forty (40 gallons, which containers shall be of galvanized metal, durable plastic or plastic bags. No loaded container shall exceed fifty (50) pounds In weight, and the metal and durable plastic containers shall have handles on the sides and tightly fitting lids that are watertight and In place at all times. Plastic bags shall be sealed with a twist wrap to prevent water entry Into the bag. If containers of any kind are In excess of fifty (50) pounds total weight, same shall not be collected until after the • • • Code Enforcement meeting - 11 - June 2, 1994 director shall cause to be delivered to the concerned premises written notice of the weight violation; and If the violation such notice, collection thereof will be made at a cost In double the amount of a special collection and assessed to the violator. Such fee shall not be less that one hundred dollars ($100.) Section 9-2 (c) Garbage containers. All garbage shall be drained of all liquids and be deposited In garbage con- tainers. Garbage containers shall be kept tightly closed at all times, except when being filled or emptied. Garbage shall not be placed In plastic bags. The containers shall be maintained In good condition and repair and shall be kept together in a place easily accessible to village employees. Such garbage or trash containers shall not be kept on village property or neighboring property not owned or occupied by the person by whom the garbage or trash Is accumulated, whether such property Is vacant or Improved. Mr. Placide stated the violation has been corrected. Mr. Owens moved to dismiss the case. Ms. Burch seconded the motion and it passed unanimously. Case 4010 France Isaac 171 NW 91 Street Inoperable blue Honda parked In driveway of residence. FL tag *NSY19K exp. January 1994. 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 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 the violation has been corrected. Mr. Owens moved to dismiss the case. Mr. Hedegus seconded the motion and It passed unanimously. Code Enforcement meeting - 12 - June 2, 1994 411 Case 4014 Jose Grosso 130 NE 98 St Inoperable grey Chevrolet parked in swale area of residence. FL tag *HURO8J exp. September 1993. • • 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 licensed as such by the state, or to storage of motor vehicles by persons or businesses Ilcensed for such purpose by the village. Mr. Placide stated the violation has not been corrected as of June 2, 1994. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 13-1 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 4018 Llneth M. Richardson 150 NW 102 Street Maintaining a nuisance by allowing loud music to be played continuously on the premises. Section 10-5. Maintaining source of noxious odors or gas, disturbing noise or other nuisance. It shall be unlawful to maintain any source or cause of noxious odor or gas or of any loud, disturbing noise or other nuisance, or to cause the same to exist. Mr. Placide stated the violation has not been corrected as of June 2, 1994. • • Code Enforcement meeting - 13 - June 2, 1994 Mr. Burch moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 10-5 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. A motion for adjournment was made at 8:1• P.M. .Pi«✓ -r.ry ' :sm. Veronica A. Galli, Secretary ha1rman