12-01-1994 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING
DECEMBER 1, 1994
A regular meeting of the Miami Shores Village Code Enforcement
Board was held on Thursday December 1, 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:
Lance Harke
Daniel B. Owens
Prospero G. Herrera II
Thomas J. Caldwell
Margaret Burch
Ivor Hegedus
Chairman Barry Asmus
Also Present: Mr. William Nelson, Community Affairs Specialist
Mr. Richard Trumble, Code Enforcement Inspector
Chairman Asmus began a discussion by informing the Board that
an Administrative fee was now permissible according to State
Statute. After a discussion by the Board, Mr. Caldwell moved
to approve a maximum Administrative Fee of $180 unless a Ilen
Is assessed on the property and therefore the resident will be
charged the lien fee as well as the release of lien fee. The
Board has the discretion to assess a lower fee if they see fit.
The Administrative Fee will become effective as of
December 1, 1994. Ms. Burch seconded the motion and it passed
unanimously.
1. Minutes - November 3, 1994
Ms. Burch moved to approve the Minutes of November 3, 1994 as
submitted. Mr. Herrera seconded the motion and It passed
unanimously.
Mr. Trumble and Mr. Nelson were sworn In for the meeting.
HEARING
Case 4221
Miami Shores Christian Church
10150 NE 2 Ave
Exterior walls of church have mildew, peeling paint etc (west
side -rear).
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.
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Loue tnrorcement meeting
- z - December 1, 1994
Mr. Trumble stated the violation has been compiled with.
Mr. Caldwell moved to dismiss the case. Mr. Herrera seconded
the motion and it passed unanimously.
Case 4355
Solange Pierre
17 NW 110 St
Awning (storm shutter) on front of house Is broken and torn.
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 violation has been complied with.
Ms. Burch moved to dismiss the case. Mr. Herrera seconded the
motion and It passed unanimously.
Case 4353
Mary Anna Singer
9760 N Miami Ave
Failure to maintain the property In a weathertight and water-
tight conditions (roof's leaking In several sections).
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.
Mr. Nelson stated the violation has not been corrected as of
December 1, 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 an Administration Fee of $180 be assessed; and
that If the violation Is not corrected within 30 days, a fine
of $25 per day will become effective. Mr. Hegedus seconded the
motion and It passed unanimously.
Case 4361
• Jon E. McLeod
129 NW 98 St
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Code Enforcement meeting - 3 - December 1, 1994
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. Trumble stated the violation has not been corrected as of
December 1, 1994.
Mr. Owens moved for a Finding of Fact and Conclusion of Law
that a violation exists to Section 12-133 of the Miami Shores
Village Code an Administration Fee of $180 be assessed; and
that If the violation Is not corrected within 30 days, a fine
of $25 per day will become effective. Mr. Hegedus seconded the
motion and the vote was as follows: Mr. Herrera NO; Ms. Burch,
Mr. Harke, Mr. Owens, Mr. Caldwell, Mr. Hegedus and Chairman
Asmus YES. The motion passed.
Case 4362
Brian K. Sloan
290 NW 93 St
Installed chain link fence west/south sides of the property
without a building permit.
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. Trumble stated that the violation has not been corrected as
of December 1, 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 an Administration Fee of $180 be assessed; and
that If the violation Is not corrected within 30 days, a fine
of $25 per day will become effective. Mr. Caldwell seconded
the motion and It passed unanimously.
Case 4371
Gertha Pierre
39 NW 101 St
Code Enforcement meeting
- 4 - December 1, 1994
Garage area converted Into a rental unit and being rented to
approximately 6 non -family members.
Section 12-211. Purpose.
(a) Overcrowding Is declared to be a basic cause of blight
and property deterioration. Structures which were originally
designed for single-family occupancy shall be restricted to
single-family occupancy. The result of strain upon village
services frequently causes a reduction of such services In
proportion to those being served and thus adversely affects
their application to the neighborhood. Planning of the needs
of a neighborhood normally housing families in keeping with the
original design and purpose of Its structure Is not too
difficult. However, where structures designed for one (1)
family are used to house additional families, adequate
accommodation of their needs becomes difficult or Impossible,
and the resulting undesirable features cause the neighborhood
as a whole to suffer.
Mr. Trumble stated the violation has not been corrected as of
December 1, 1994.
Mr. Hegedus moved for a Finding of Fact and Conclusion of Law
that a violation exists to Section 12-211 of the Miami Shores
Village Code and an Administration Fee of $180 be assessed; and
that If the violation I not corrected within 30 days, a fine of
$25 per day will become effective. Ms. Burch seconded the
motion and It passed unanimously.
Case 4383
Anthony M. Genova
1102 NE 105 St
Blue Corvette LAM407 '94 FI September, 4 flat tires.
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
December 1, 1994.
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Code Enforcement meeting - 5 - December 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 an Administration Fee of $180 be assessed; and
that If the violation Is not corrected within 30 days, a fine
of $25 per day will become effective. Ms. Burch seconded the
motion and It passed unanimously.
A motion for adjournment was made at 8:00 P.M.
Veronica A. Galli, Secretary
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BJarry/musairman