01-05-1995 Regular Meeting•
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CODE ENFORCEMENT BOARD REGULAR MEETING
JANUARY 5. 1995
A regular meeting of the Miami Shores Village Code Enforcement Board was held
on Thursday, January 5, 1995 at the Miami Shores Village Hall. The meeting was
called to order by the Acting Chairman, Thomas J.Caldwell, at 7:30 PM with the
following members present:
Margaret Burch
Prospero Herrera, II
Daniel Owens
Lance Harke
Daniel B. Owens
Ivor Hegedus
Acting Chairman Thomas J. Caldwell
Also Present: Mr. Richard Trumble, Code Enforcement Inspector
Amos Pierre, Code Enforcement Officer
1. Minutes - December 1, 1994
Ms. Burch moved to approve the Minutes of December 1, 1994 as submitted. Mr.
Harke seconded the motion and it passed unanimously.
Mr. Trumble was sworn in for the meeting.
HEARING
Case 4375
Jean M. Alphonse
150 NW 99 Street
Lack of off-street parking facilities available.
Section 13-1: Temporary parking.
No motor vehicle except those of temporary guests shall be permitted to
stand in any place other than a parking unit complying with all the provisions of
this ordinance.
Mr. Trumble stated the violation has not been corrected as of January 5, 1995.
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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 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. Herrera seconded the motion and
it passed unanimously.
Case 4388
Timmy Mitchell
9545 Biscayne Boulevard
Inoperable vehicle on premises.
Automobile with no tag or license plates being stored in backyard.
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 probable operating condition, unless such motor vehicle
is maintained, parked or stored within a total enclosure. A motor vehicle shall be
premised inoperative when a valid and unexpired license tag is not attached as
required by state law, or when the vehicle, upon visual inspection by 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 January 5, 1995.
Mr. Owens 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.
Case 4389
Doris W. Blair
960 NE 97th Street
Improper treatment of refuse.
Section 9-2. Collection services generally; container specifications.
(c) Garbage containers. All garbage shall be drained of all liquids agd be
dotted in garbage containers. Garbage containers shall be kept tightly closed
at times, except when being filled or emptied. Garbage shall not be placed in
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plastic bags. The containers shall be maintained in good condition and repair and
shall be kept together in a place easily accessible to village employees. Such
garbage or trash containers shall not be kept on village property or neighboring
property not owned or occupied by the person by whom the garbage or trash is
accumulated, whether such property is vacant or improved.
Mr. Trumble stated the violation has not been corrected as of January 5, 1995.
Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation
exists to Section 9-2(c) 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. Harke seconded the motion and
it passed unanimously.
Case 4390
Doris W. Blair
960 NE 97 Street
Improper storage of rubbish, garbage, etc.
Mr. Trumble stated that the violation has been corrected as of January 5, 1995.
Ms. Burch moved to dismiss the case as the violation has been corrected. Mr.
Herrera seconded the motion and it passed unanimously.
Case 4391
Adela and Alceves Alcantara
1482 NE 104 Street
Unauthorized construction/alterations.
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. Truinble stated the violation has not been corrected as of January 5, 1995.
He also stated that as of November 8, 1994 there were cement blocks piled
outside the building . Upon checking for permit, he found none had been issued.
The owner's attorney, Minervino Rodriguez, Jr., stated a major problem in
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obtaining a building permit as a suit has been filed against the seller alleging the
property was sold with latent defects; he is asking for alternative relief. The
owner, Adela Alcantara was sworn in. Mr. Caldwell asked her if the property was
in the condition of the pictures which had been submitted to the Board. She
answered affirmatively. After discussion it was determined that a period of six
months would be allowed for the litigation with the former owner to be resolved.
In the meantime, the outside of the property is to be kept neat and presentable
and in conjunction with the surrounding properties. If building permits have not_
been issued after that period a fine of $50 per day will be imposed.
Ms. Burch moved to dismiss the case for a period of six months. Mr. Owens
seconded the motion and after individual polling the motion was passed
unanimously. Mr. Herrera commented that the Board should be kept apprised of
the progress of the litigation and Mr. Rodriguez agreed to be in touch with Mr.
Trumble.
A motion for adjournment was made at 8:05 PM.
Angelica F. Morse, Secretary