08-04-1994 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING
AUGUST 4, 1994
A regular meeting of the Miami Shores Village Code Enforcement
Board was held on Thursday August 4, 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
Barry K. Asmus
Ivor Hegedus
Daniel B. Owens
Prospero G. Herrera II
Absent: Thomas J. Caldwell
Also Present: Mr. Richard Trumble, Code Enforcement Inspector
Mr. Jean Placide, Code Enforcement Inspector
1. Minutes of July 7, 1994
Ms. Burch moved to approve the minutes of July 7, 1994 as sub-
mitted. Mr. Hegedus seconded the motion and it passed
unanimously
Mr. Trumble and Mr. Placide were sworn in for the meeting.
2. Hearing
• Case 4060
Victoria Myers
149 NE 106 St
Failure to obtain alarm permit.
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Alarm Permit means a permit Issued by the village allowing the
operation of an alarm system within the village.
Sec 3-171. Alarm user permits required; fee; renewal.
(a) It shall be unlawful for any person to operate an alarm
system without a valid alarm user permit. Violation of
this section shall be a misdemeanor of the seocnd degree,
punishable as provided for In Chapter 775, Florida
Statutes.
Mr. Placide stated that the violation was not corrected as of
August 3, 1994.
Ms. Burch moved for a Finding of Fact and Conclusion of Law that
a violation exists to Section 3-171 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 4058
Marie Maud St. Charles
265 NW 111 St
Failure to obtain alarm permit.
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Code Enforcement meeting
- 2 - August 4, 1994
Alarm Permit means a permit Issued by the village allowing the
operation of an alarm system within the village.
Sec 3-171. Alarm user permits required; fee; renewal.
(a) It shall be unlawful for any person to operate an alarm
system without a valid alarm user permit. Violation of
this section shall be a misdemeanor of the seocnd degree,
punishable as provided for In Chapter 775, Florida
Statutes.
Mr. Placide stated that the violation was not corrected as of
August 3, 1994.
Ms. Burch moved for a Finding of Fact and Conclusion of Law that
a violation exists to Section 3-171 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 4073
Paul Pinkerton
126 NW 106 St
Exterior walls 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 the violation has been corrected.
Ms. Burch moved to dismiss the case. Mr. Owens seconded the
motion and It passed unanimously.
Case 4112
Samuel Davis & Lillie Morley
375 NW 111 St
Exterior walls 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 the violation has not been corrected as of
August 3, 1994.
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Code Enforcement meeting
- 3 - August 4, 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. Mr. Hegedus seconded the motion
and It passed unanimously.
Case 4148
Kathryn Whitehead
42 NE 97 St
Exterior walls, garage door, canopy, white roof have mildew,
peeling paint etc.
Mr. Placide stated the property owner obtained a permit to do
the work, but no work has been done as of August 3, 1994.
Mr. Hegedus 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 4151
William McCausland
1059 NE 104 St
Allowing waste water from washing machine to run on ground.
111 Section 10-5. Maintaining source of noxious odors or gas,
disturbing noise or other nuisance.
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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. Trumble stated the violation has been corrected.
Mr. Burch moved to dismiss the case. Mr. Patnik seconded the
motion and it passed unanimously.
Case 4161
Cookies & Crackers, Corp.
87 NW 100 St
Bottom of pool not readily visible.
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 been corrected.
Ms. Burch moved to dismiss the case. Mr. Hegedus seconded the
motion and it passed unanimously.
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Code Enforcement meeting
- 4 - August 4, 1994
Case 4162
Guillermo Colon
294 NE 97 St
Inoperable brown Chevrolet parked in swale area of property.
Temporary FI Tag *L-578462 exp. 6/17/94.
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
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. Owens seconded the
motion and it passed unanimously.
• Case 4184
Anna Humphrey
185 NW 104 St
Broken and loose roof tiles on rooftop of property.
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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
August 3, 1994.
Ms. Humphrey stated workers removed some tile and will repair
the roof.
After a discussion, Mr. Hegedus 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 the vote was as follows: Ms. Burch
ABSTAINED; Chairman Asmus, Mr. Hegedus, Mr. Patnik, Mr. Owens,
Mr. Herrera YES. The motion passed.
Code Enforcement meeting - 5 - August 4, 1994
• Case 4185
Andre Sylvain
149 NW 101 St
Dead tree branches, dead leaves scattered over front yard, swale
area of property overgrown.
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. Piacide stated the violation has not been corrected as of
August 3, 1994.
Mr. Sylvain stated he started to clean his yard and it should be
cleaned by the end of the week.
Mr. Owens moved for Finding of Fact and Conclusion of Law that a
violation does exist 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.
• Case 4190
Mairi Callam
149 NW 101 St
Inoperable blue Chevrolet S/W parked In swale area of property.
FI Tag as PIM7OF exp. May 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
Ilcensed as such by the state, or to storage of motor vehicles
by persons or businesses Ilcensed for such purpose by the
village.
Mr. Piacide stated the violation has been corrected.
Mr. Herrera moved to dismiss the case. Mr. Owens seconded the
• motion and It passed unanimously.
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Code Enforcement meeting
- 6 - August 4, 1994
Case 4188
Jose Fernandez
842 NE 96 St
All foliage on property is overgrown and unsightly.
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:
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 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. Trumble stated the violation has been corrected.
Mr. Patnik moved to dismiss the case. Mr. Owens seconded the
motion and it passed unanimously.
Case 4187
• Jose Fernandez
842 NE 96 St
Yard overgrown, not edged or weeded.
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 f111 In all excavations and depressions
thereon.
Mr. Trumble stated the violation has been corrected.
Mr. Patnik moved to dismiss the case. Mr. Hegedus seconded the
motion and it passed unanimously.
A motion for adjournment was made at 7:5$ P.M.
,ICLAZA:
Veronica A. Galli, Secretary
hairman