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11-03-1994 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 3, 1994 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 3, 1994 at the Miami Shores • Village Hall. The meeting was called to order by Vice Chair- man Thomas Caldwell at 7:30 P.M. with the following members present: • • Daniel B. Owens Prospero G. Herrera II Thomas J. Caldwell Margaret Burch Ivor Hegedus Absent: Lance Harke Also Present: Mr. William Nelson, Community Affairs Specialist Mr. Richard Trumble, Code Enforcement Inspector Mr. Jean Placide, Code Enforcement Inspector Mr. Barry Asmus arrived at 7:35 P.M. and took over meeting. 1. Minutes - October 6, 1994 Mr. Herrera moved to approve the Minutes of October 6, 1994 as submitted. Ms. Burch seconded the motion and it passed unanimously. 2. Request for Relief Frank AlbaladeJo 36 NE 101 St Mr. Nelson explained Mr. AlbaladeJo's situation. Mr. Nelson also stated that he spoke to the Village Attorney regarding the situation. The Village Attorney, Mr. Fann, reiterated that a violation has been committed and a fine has been Imposed. After much discussion, Mr. Owens moved to grant relief In the amount of $725 with the check to be made out to Equity Title/ Southeast Escrow Account. Mr. Herrera seconded the motion and the vote was as follows: Mr. Hegedus and Chairman Asmus NO; Ms. Burch, Mr. Owens, Mr. Herrera and Mr. Caldwell YES. The motion passed. HEARING Case 4275 Javier Valera 9230 NE 2 Avenue The exterior of this structure Is not maintained with a reason- able attractiveness so as not to cause a substantial deprecia- tion In property values In the Immediate neighborhood Missing tiles on the south section of the roof. 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 • • Code Enforcement meeting - 2 - October 3, 1994 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 resident had obtained a permit to do the necessary work. Ms. Burch moved to dismiss the case. motion and it passed unanimously. Case 4277 Jahmila Bahati 58 NE 92 St The exterior of this structure able attractiveness so as not tion In property values in the walls of property have mildew, Mr. Hegedus seconded the is not maintained with a reason - to cause a substantial deprecia- Immediate neighborhood. Exterior 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 depreclatlon 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 November 3, 1994. Mr. Herrera 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 4305 Joseph St. Fort 245 NE 93 St Missing tiles on the south west, east sections of the roof. No work In progress. 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 re- paired 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. • Code Enforcement meeting - 3 - November 3, 1994 Mr. Trumble stated the violation has not been corrected as of November 3, 1994. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-128 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 4319 Jacques Ardisson 125 NE 106 St Installed a wooden fence on the south, east, north, west sides of the property 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 lots or tracts of land; or cause the same to be done where the cost of the work Is one hundred dollars ($100) or move 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 not been corrected as of • November 3, 1994. • Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists 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. Ms. Burch seconded the motion and It passed unanimously. Case 4320 Georgiann Whitcomb 1240 NE 100 St Construction/alteration of a roof without the use of approved materials and/or Improper colors. Roof unfinished for over one year. 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; (3) Solid colored cement tile which color Is 1 Code Enforcement meeting - 4 - November 3, 1994 Impregnated with the same color Intensity throughout; (4) Thick butt variegated slate; Mr. Bethea stated that the damage was done by the hurricane and he had contracted a company to do the roof replacement, but the foreman stole his third payment to the roofing company and left Miami with It. Mr. Bethea stated he has obtained legal assistance and feels he may resolve this problem shortly. Ms. Burch moved to grant a 90 day extension with no further extension. If not compiled within the 90 days, a fine of $25 per day will become effective. Mr. Herrera seconded the motion and it passed unanimously. Case 4328 Morgan & Ian McDonell 10518 NE 2 Ct Maintaining a vehicle not In provable operating condition and not stored In a garage which Is prohibited. 1974 W/B Lincoln Mark IV. FI Tag 94 PIH23D December. 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. Trumble stated the violation has not been corrected as of November 3, 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. Mr. Owens seconded the motion and it passed unanimously. Case 4332 Jose Grosso 130 NE 98 St Parking a truck, trailer, or commercial type vehicle In a residential area, which Is prohibited. Commercial truck (Hot Dogs) parked on the premises on a continuous basis. 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 • Code Enforcement meeting - 5 - November 3, 1994 permitted to stand In any place except temporary while In connection with going to or from a use existing In the district. Mr. Placlde stated the violation has not been corrected as of November 3, 1994. Ms. Grosso stated she was not aware of the ordinance but she needs more time In get In compliance with the Village ordinance. Mr. Hegedus moved for a Finding of Fact and Conclusion of Law that a violation exists to the Schedule of Regulations of the Miami Shores Village 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 4341 Carl Strandberg 33 NW 93 St Inoperable white 2 -door vehicle parked In the front of the residence. No tag on the 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 malntalned, 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 been corrected. Ms. Burch moved to dismiss the case. Mr. Owens seconded the motion and it passed unanimously. Case 4343 Flossie L. Haynes 190 NW 98 St Inoperable yellow Chevy parked In driveway of residence. Vehicle has not 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 malntalned, parked or stored within a total en- • • • Code Enforcement meeting - 6 - November 3, 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 been corrected as of November 3, 1994. Ms. Burch moved to dismiss the case. Mr. Hegedus seconded the motion and it passed unanimously. Case 4339 Diana Rivera Wiggins 269 NE 99 St Illegal basketball hoop erected on tree at edge of alleyway. Section 6-4 Permits -Application generally. (a)Required. No person shall erect or construct or pro- ceed 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 move In value; and on any remodeling or alteration Job of any value;p without first obtaining a per- mit therefor from the building department. Mr. Placide stated the violation has not been corrected as of November 3, 1994. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists 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 4345 Phillip S. Davis 893 NE 96 St Maintaining a vehicle not in provable operating condition and not stored In a garage which Is prohibited. 2 -dr blue Dodge Coronet. 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 • Code Enforcement meeting - 7 - November 3, 1994 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. Trumble stated the violation has not been corrected as of November 3, 1994. Mr. Davis stated that he needed time to clean out the garage so he can put the vehicle inside. 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 it passed unanimously. A motion for adjournment was made at 8:2 Veronica A. Galli, Secretary Barry /'smus, airman