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09-01-1994 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 1, 1994 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 1, 1994 at the Miami Shores Village Hall. The meeting was called to order by Chairman Asmus at 7:32 P.M. with the following members present: John A. Patnik Jr. Chairman Barry K. Asmus Ivor Hegedus Daniel B. Owens Prospero G. Herrera II Thomas J. Caldwell Absent: Ms. Margaret Burch Also Present: Mr. Richard Trumble, Code Enforcement Inspector Mr. Jean Placide, Code Enforcement Inspector Mr. William Nelson, Community Affairs Specialist Mr. Trumble and Mr. Placide were sworn In for the meeting. 1. Minutes of August 4, 1994 Mr. Hegedus moved to approve the minutes of August 4, 1994 as submitted. Mr. Caldwell seconded the motion and It passed unanimously. 2. Case 3692 • Request for relief - Unlawful roofing Materials Mr. Frank AlbaladeJo 36 NW 101 St • Mr. Albaladejo failed to appear before the Board In order to discuss his case. Mr. Patnik moved to deny the request for relief. Mr. Hegedus seconded the motion and the vote was as follows: Mr. Caldwell and Mr. Owens NO. Mr. Patnik, Mr. Herrera, Mr. Hegedus and Chairman Asmus YES. The motion passed. 3. Hearing Case 4166 Carlos M. Sanchez 9600 North Miami Ave 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. • • • Code Enforcement meeting - 2 - September 1, 1994 Mr. Placide stated the violation has not been corrected as of September 1, 1994. Mr. Owens moved for a Finding of Fact an 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. Herrera seconded the motion and It passed unanimously. Case 4189 Anne Smith Estate 190 NW 103 St Garage door on the north side of the property bent, damaged, has a gap of approximately 18" making it easily accessible to vandals. 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 September 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. Mr. Hegedus seconded the motion and it passed unanimously. Case 4203 Saleh INvestments 9220 NE 2 Ave Inoperable blue Lincoln parked In driveway of residence. FI tag * NFBO4U expl. December 93. 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. Code Enforcement meeting - 3 - September 1, 1994 • Mr. Placlde stated the violation has not been corrected as of September 1, 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 In 30 days, a fine of $25 per day will become effective. Mr. Patnik seconded the motion and it passed unanimously. Case 4207 John Roll 20 NW 101 St Failure to obtain an occupational license prior to renting above property. 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 therefor Issued for and applying to the current 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 or 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. Hegedus moved for a Finding of Fact and Conclusion of Law that a violation does exist to Section 14-17 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 4212 Joseph Rossiter 225 NE 105 St Inoperable brown Oldsmobile parked on east side of residence. FI tag * ITR71C exp February 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 • • Code Enforcement meeting - 4 - September 1, 1994 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. Caldwell moved to dismiss the case. Mr. Owens seconded the motion and It passed unanimously. Case 4210 Cherie Brum 230 NE 107 St Inoperable white Chevrolet S/W "Nomad" parked In driveway of residence. No current 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 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. Caldwell moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. Case 4226 Randal Adkins 90 NE 105 St Exterior walls of property 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. Adkins was sworn In for the meeting. 411 Mr. Placide stated the mildew has been removed but the peeling paint has not been corrected. • Code Enforcement meeting - 5 - September 1, 1994 Mr. Adkins stated he cleaned the mildew. After further discussion, 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. Caldwell seconded the motion and It passed unanimously. Case 4228 Lloyd & Maria Caballero 10 NE 103 St Unlawful structure of crossed strips of wood erected on the south side of the property. (Illegal lattice work). 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. Placide stated the violation has been corrected. Mr. Caldwell moved to dismiss the case. Mr. Owens seconded the motion and It passed unanimously. Case 4229 Charlotte Fischbach 53 NW 107 St Gray Chevrolet Camaro parked In driveway of residence. FL tag H1380 exp. December 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 licensed for such purpose by the village. Mr. Placide stated the violation has been corrected. Code Enforcement meeting - 6 - September 1, 1994 • Mr. Caldwell moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. • • Case 4258 Claire M Van Tine 469 NE 93 St Four door beige Cadillac In rear yard has 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, 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. Trumble stated the violation has been corrected. Mr. Caldwell moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. Case 4263 Fred Bender 199 NW 93 St Maintaining a nuisance by allowing loose and broken tiles to remain on the roof thus creating an unsafe and dangerous condition. 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. Placlde stated the violation has not been corrected as of September 1, 1994. After a discussion, Mr. Caldwell moved for a Finding of FAct and Conclusion of Law that a violation exists to Section 10-5 of the Miami Shores Village Code and If not corrected within 15 days, a fine of $25 per day will become effective. Mr. Owens seconded the motion and it passed unanimously. • • • Code Enforcement meeting - 7 - Case 4268 Jacques Ardisson 125 NE 106 St Failure to provide acceptable safety No fense on the south, east sides of Section 10-5. Maintaining source disturbing noise or other nuisance. September 1, 1994 barrier for swimming pool. property. of noxious odors or gas, 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. 33-12DC. Requirement for Correction: SUBMIT PLANS, OBTAIN PERMIT AND INSTALL ACCEPTABLE SAFETY BARRIER. SAID SAFETY BARRIER SHALL BE A SCREENED -IN PATIO, OR A WOOD FENCE, WIRE FENCE, ROCK WALL, OR CONCRETE BLOCK WALL, A MINIMUM OF 4 FT. HIGH, AND AS REQUIRED IN SECTION 33-12 OF THE DADE COUNTY CODE OF ORDINANCES. PURSUANT TO CHAPTER 10 OF THE CODE OF MIAMI SHORES VILLAGE. Mr. Placide stated the violation has not been corrected as of September 1, 1994. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 10-5 of the Miami Shores Village Code and If not corrected within 15 days, a fine of $25 per day will become effective. Mr. Herrera seconded the motion and it passed unanimously. Mr. Caldwell moved to enter on the agenda the following cases for dismissal of accrued fines.: Case 2875 M. Duran & A Almanzar 133 NW 103 St 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. Case 2876 M. Duran & A Almanzar 133 NW 103 Street. Section 12-128. Weathertight and watertight condition. Every structure used for human habitation shall be so maintained 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 • Code Enforcement meeting - 8 - September 1, 1994 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. Patnik seconded the motion and It passed unanimously. Ms. Martinez, sister of the property owner, was sworn In. Mr. Trumble stated Ms. Almanzar flew Into Miami from New York to try and have the fines dismissed by the Village and that the above stated violations were dismissed two weeks after they were Issued because the property owner brought the property Into compliance. Ms. Martinez stated the damage to the property was caused by Hurricane Andrew and It was very difficult to get a contractor at the time. Mr. Herrera moved to waive all accrued fines on Case 2875 and Case 2876. Mr. Caldwell seconded the motion and It passed unanimously. Chairman Asmus welcomed Mr. William Nelson, Community Affairs Specialist of Miami Shores Village to the meeting. A motion for adjournment was made at 8:05 P.M. (7/-e/L-teiet—t..4.44.— t Veronica A. Galli, Secretary Barry K Asmus, Chairman