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07-07-1994 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING JULY 7, 1994 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 7, 1994 at the Miami Shores 411 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 Thomas J. Caldwell Barry K. Asmus Ivor Hegedus Absent: Daniel B. Owens Prospero G. Herrera II Also Present: Mr. Richard Trumble, Code Enforcement Inspector Mr. Jean Placide, Code Enforcement Inspector 1. Minutes of June 2, 1994 Ms. Burch moved to approve the minutes of June 2, 1994 as sub- mitted. Mr. Caldwell seconded the motion and it passed unanimously. Mr. Trumbie and Mr. Placide were sworn In for the meeting. 2. Case 3652 Request for Relief - Unauthorized Construction/Alterations Refek Cevik 9526 N Miami Ave Mr. Cevik was sworn In for the meeting. Mr. Cevik stated that he was unaware of the fact that he needed a permit and as soon as he received notification, he obtained the proper permits to do the work. Mr. Cevik also stated that the contractor that was working on his home, previously, with- out a permit, has left the work uncompleted and can't be found. Mr. Cevik also stated that he has paid him (the contractor), approximately $5,000 to do the work. After a discussion, Mr. Caldwell moved to grant relief In full for the amount of $3,100. Ms. Burch seconded the motion and the vote was as follows: Chairman Asmus NO; Mr. Patnik, Mr. Hegedus, Mr. Caldwell and Ms. Burch YES. The motion passed. 3. Hearing Case 3902 Angela Diaz-Vidaillet 107 NW 93 St Depreciation in property values In the Immediate neighborhood. Garage door, fascia boards and soffit have mildew, peeling paint etc. • • • Code Enforcement meeting - 2 - July 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 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 been corrected. Ms. Burch moved to dismiss the case. Mr. Caldwell seconded the motion and It passed unanimously. Case 3993 Don Gerloff 1350 NE 101 St Flat roof south west corner of 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. Trumble stated the owner has obtained the proper permits to do the roof repairs. Mr. Trumble also stated that Mr. Gerloff submitted a letter explaining that the weather has not permitted the contracted roofer to repair the roof. The roofer also submitted a letter stating the same fact. Mr. Hegedus 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. Mr. Patnlk seconded the motion and It passed unanimously. Case 3986 Chalres McDowell 56 NW 93 St Install proper roofing materials (tiles) on roof of property. 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 facias shall be of the following materials: (1) clay tile; (2) White concrete tile; • • Code Enforcement meeting - 3 - July 7, 1994 (3) Solid colored cement the which color is Impregnated with the same color Intensity throughout; (4) Thick butt variegated slate; Mr. Piacide stated the violation was not corrected as July 6, 1994. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 225 of the Miami Shores Village Code and If not corrected within 30 days, a fine of $35 per day will become effective. Mr. Patnik seconded the motion and It passed unanimously. Case 3987 Charles McDowell 56 NW 93 St Exterior walls of property, fascia boards, soffit have mildew, peeling paint etc. 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. Piacide stated the violation has not been corrected as of July 6, 1994. Ms. Burch 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 $35 per day will become effective. Mr. Hegedus seconded the motion and It passed unanimously. Case 3998 Malcolm Campbell 262 NE 98 St Exterior walls, fascia boards, soffit, roof, garage door have excessive mildew, peeling paint etc. 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. Piacide stated the violation has not been corrected as July 6, 1994. • Code Enforcement meeting - 4 - July 7, 1994 Ms. Burch 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. Mr. Caldwell seconded the motion and It passed unanimously. Case 4028 Genevieve Patten 30 NW 106 St Exterior walls, garage door, fascia boards, soffit have mildew peeling paint etc. 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 that as of July 6, 1994 the violation has not been corrected. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-133 of the Miami Shores 411 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 4029 Genevieve Patten 30 NW 106 St Overgrown swale area, side and back yards. 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 as of July 6, 1994 the violation has not been corrected. Mr. Hegedus moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 10-1 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. Code Enforcement meeting - 5 - July 7, 1994 Case 4030 • Mildred Armstrong 42 NW 106 St Overgrown swale area, front, side and back yards. • • Section 10-1. Property to be maintained In safe, clean and sightly condltlon. 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 condltlon 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. Placlde stated that as of July 6, 1994 the violation has not been corrected. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 10-1 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 4040 Anthony Hay 149 NW 107 St Inoperable Beige VW Jetta parked In driveway of residence. FI. tag NEM32A exp. April 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 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. Placlde stated the violation has not been corrected as of July 6, 1994. Ms. Jennings was sworn In for the meeting. Ms. Jennings, co-owner of the residence, stated that she pur- chased the new plate and Insurance for the vehicle on the 6th of July and produced the current Insurance notification and current vehicle registration. Code Enforcement meeting - 6 - July 7, 1994 Ms. Burch moved to dismiss the violation. Mr. Hegedus seconded the motion and It passed unanimously. • Case 4047 Andre Sylvain 42 NW 107 St Overgrown front, side, back yards and swale area. 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 4065 Resolution Trust Corporation 246 NE 92 St Hedges In rear alley of property overgrown and extending Into right-of-way. • Section 10-10. Vegetation on public ways. (a) It shall be unlawful for an owner of land In the village to permit vegetation of any kind, including trees, plants, shrubs or vines, to grow upon such land to the extent that the vegetation extends Into the right-of-way of persons and vehicles lawfully traveling upon the public sidewalks, streets and alleys of the village. • Mr. Trumble stated that this violation has been turned over to the Public Works Department for correction. Ms. Burch moved to dismiss the case. Mr. Caldwell seconded the motion and It passed unanimously. Case 4078 Parvin J. Johnson, Jr. 5 NE 105 Street Overgrown front, side, backyards, swale area and area along fence In rear alleyway. 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. • Code Enforcement meeting - 7 - July 7, 1994 Mr. Placlde stated that the violation has been corrected. Mr. Caldwell moved to dismiss the case. Ms. Burch seconded the motion and It passed unanimously. Case 4117 Manuel Caycedo 45 NE 103 Street Inoperable 2 door convertable red parked in backyard of pro- perty. Vehicle has left rear flat tire flat and no tag. 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, malntaln, 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 Ilcensed as such by the state, or to storage of motor vehicles by persons or businesses licensed for such purpose by the village. • Mr. Placlde stated the violation has not been corrected as of i July 6, 1994. Ms. Burch moved for 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. Mr. CAldwell seconded the motion and It passed unanimously. Case 4109 James T. Musselwhite 107 NW 109 St Inoperable Black/Grey 4WD vehicle parked In backyard. 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- 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 • • • Code Enforcement meeting - 8 - July 7, 1994 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 the violation has not been corrected as of July 6, 1994. Mr. Douglas Musselwhite was sworn In for the meeting. Mr. Musselwhite stated that he will get the proper tag on the vehicle. Ms. Burch 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. Mr. Caldwell seconded the motion and the vote was as follows: Chairman Asmus, Ms. Burch, Mr. Caldwell and Mr. Hegedus YES; Mr. Patnik NO. The motion passed. Case 4119 Helen Joseph 88 NW 111 St Overgrown front, back, side yards and swale area. 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 has been corrected. Ms. Burch moved to dismiss the case. Mr. Patnik seconded the motion and it passed unanimously. Case 4113 Joanem & Marguerite Fioreal 43 NW 101 St Inoperable Gray Honda Accord parked In driveway. an expired tag Jan 1994. Rear end damage. Vehicle has 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 • • Code Enforcement meeting - 9 - July 7, 1994 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 July 6, 1994. Mr. Burch 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. Mr. Hegedus seconded the motion and It passed unanimously. A motion for adjournment was made at 8:15 P.M. Veronica A. Galls, Secretary a ry K( Asmus, Chairman