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:
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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.
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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;
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Code Enforcement meeting
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(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.
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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.
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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.
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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
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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.
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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.
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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
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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
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Code Enforcement meeting
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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
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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