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02-02-1995 Regular Meetinge e e CODE ENFORCEMENT BOARD REGULAR MEETING February 2, 1995 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, February 2, 1995, at the Miami Shores Village Hall. The meeting was called to order by Chairperson Asmus at 7:30 RM. with the following members present: Chairperson Barry Asmus Lance Harke Daniel B. Owens Prospero G. Herrera II Thomas J. Caldwell Margaret Burch Ivor Hegedus Also Present: Mr. Richard Trumble, Code Enforcement Inspector Amos Pierre Chairperson Asmus called the meeting to order with the first item on the agenda being the approval of the December 1, 1994 Minutes. 1. Minutes - December 1, 1994 • Ms. Burch moved to approve the Minutes of December 1, 1994 as submitted. Mr. Hegedus seconded the motion, and it passed unanimously. e e HEARING Chairperson Asmus asked that all participants who would be giving testimony be sworn in. The Recording Secretary stated the oath, and all participants who would be giving testimony raised their right hand and swore to tell the truth. 2. Case 4263 Mr. Fred Bender 199 NW 93 Street Request for Relief - Maintaining a nuisance 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 any of any loud, disturbing noise or other nuisance, or to cause the same to exist. Mr. Bender was present on his own behalf. Mr. Trumble advised the Board of Mr. Bender's letter in the agenda packet. Mr. Trumble stated that Mr. Bender had been • written a violation for maintaining a nuisance because of his partially finished roof. Tiles were laying on top of the roof, and Mr. Trumble believed the roofers had abandoned the Code Enforcement Board Regular Meeting • February 2, 1995 Page 2 job. Mr. Trumble stated that Mr. Bender had come into compliance on this violation but he had been accruing fines. Chairperson Asmus asked Mr. Trumble for specific dates. Mr.Trumble stated: 1) the violation was written on August 3, 1994; 2) an inspection was scheduled on August 19 - no work in progress; 3) a $25 a day fine began September 16, 1994; 4) Mr. Bender was in compliance on December 1, 1994; and, 5) the total fine was • $1,900. Mr. Bender stated that when he received the citation he immediately contacted the roofers and advised them of the citation and that they needed to finish the roof immediately. The roofers stated that they would come out and remove the whole • tiles, then the broken tiles and whatever else was on the roof. Mr. Bender stated that several weeks passed, and the roofers had not shown up. He called back and the roofers assured him they wanted to get the tiles off the roof but they needed to have them remain right where they were until the tiles, which were on back order, were received and the job could be completed. The roofers promised to have the roof completed before any fines started accruing. Mr. Bender stated that he was planning on coming to the Village to talk about this matter but he had to leave town suddenly because of a family emergency. When he returned the roof was not really on his mind. He contacted the roofers and felt he was getting the run-around. He then wrote a letter to the roofing company. Finally the roof was completed. Mr. Bender stated that this was his first time dealing with roofers, and he was doing all that he knew how to do to get the problem alleviated. Chairperson • Asmus asked Mr. Bender why he had not been at the September 2, 1994, Code Enforcement Meeting. Mr. Bender stated that this was during the time of his family emergency and his sudden trip out of town. He also stated that the roofing company had written a letter to Mr. Nelson acknowledging that they were at fault by not finishing the roof in a timely manner. Mr. Bender called Mr. Nelson and it was agreed that Mr. Bender should send a letter to the Board to get a hearing on this matter. Chairperson Asmus questioned Mr. Trumble on why fines began accruing in 14 days and not 30. Mr. Trumble stated that this was probably a clerical error. Mr. Bender stated that he still owned the roofing company $900. Chairperson Asmus believed that a clerical error had in fact occurred regarding the fine to Mr. Bender. Mr. Caldwell stated that he felt many people had had trouble obtaining roof tiles and the he would be in favor of granting the relief to • Mr. Bender. • • Ms. Burch stated that Mr. Bender was now in compliance. After brief discussion Mr. Caldwell made a motion that relief requested be granted and that all fines and administrative fees be waived. Ms. Burch seconded the motion and it passed unanimously. 3. Case 4320 Georgiann Whitcomb Bethea 1240 NE 100 Street No tiles on roof Code Enforcement Board Regular Meeting • February 2, 1995 Page Three 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 impregnated with the same color intensity throughout; 4) thick butt variegated slate. • Mr. Trumble requested the Board take this case out of order as Ms. Bethea was present and the Board had a letter from her. Mr. Trumble requested Chairperson Asmus read her letter. Mr. Caldwell made a motion that this case be taken out of order. Ms. Burch seconded the motion, and it was unanimously passed. Mr. Trumble stated that Ms. Bethea had been before the Board three months ago and was granted ninety days to get a permit and have the tiles put on her roof. She was present this evening to request an extension of time, which extension request had been submitted to Mr. Nelson in her February 1 letter. Chairperson Asmus asked Ms. Bethea to begin. Ms. Bethea stated that she had hired a roofer who later ran off with her money. She also found out the he was not licensed. She proceeded to go to the state attorneys office to file criminal charges. • Chairperson Asmus asked Ms. Bethea how long it would take to get tiles put on her roof. Ms. Bethea began to cry. Chairperson Asmus asked Ms. Bethea if she had spoken with an attorney, and Ms. Bethea stated that she worked for attorneys and they were not helping her in this matter. Bobby's Roofing had pulled the permit for Ms. Bethea's roofer and Chairperson Asmus felt that there was definitely some liability here. Ms. Bethea stated that she wanted to get the roof finished but she was having financial difficulties. Mr. Caldwell asked Ms. Bethea if she was at the meeting to request more time. She stated that she was and would like sixty days. Mr. Trumble suggested that Ms. Bethea continue to let the fines accrue, and when the roof was finished she should come before the Board and request relief. Ms. Bethea told the Board that she had applied for a loan to help with the work. Chairperson Asmus stated that sixty days may not be enough time to • get the loan and finish the job. Mr. Trumble stated that the fines would begin to accrue on February 4. Mr. Caldwell suggested that Ms. Bethea get another permit, but she would need to hire a roofer to pull the permit and sign another contract. Ms. Bethea stated that • $2300 was being held in escrow to pay for laying the tiles, but the problem was in Ms. Bethea's getting enough money together or the approval of a loan to buy the tiles. Ms. Bethea said that she had gotten estimates for the tiles and the lowest was $2400. Chairperson Asmus suggested that Ms. Bethea seek legal advise. Chairperson Asmus asked for a motion. Mr. Caldwell made a motion that Ms. Bethea get a ninety day extension and if not brought • into compliance then the fine of $25 a day would become effective. If she wishes to make a request for relief after this ninety day period in the event that a fine has built up, then the Code Enforcement Board Regular Meeting • February 2, 1995 Page Four matter would be handled at that time. Ms. Burch seconded the motion pending discussion. Chairperson Asmus told Ms. Bethea to maintain contact with Mr. Nelson and/or Mr. Trumble and to keep records in case she had to appear after the ninety days for relief. The motion passed unanimously. • 4. Case 4384 Jean R. and Raymonde M. Leonard 10180 North Miami Avenue • No tiles on roof 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 impregnated with the same color intensity throughout; 4) thick butt variegated slate. • Mr. Trumble stated that there were no tiles on the roof, and it was determined that the violation was not in compliance. • • Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 225 of Miami Shores Village Code and an administration fee of $180 be assessed and if the violation is not corrected within 30 days a fine of $25 a day will become effective. Mr. Caldwell seconded the motion and it passed unanimously. 5. Case 4397 Manuel Alberto Mote 64 NW 101 Street Maintaining a nuisance 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. Trumble requested a dismissal as the violation had been corrected. Chairperson Asmus moved for a dismissal. Mr. Caldwell seconded the motion and it • passed unanimously. Code Enforcement Board Regular Meeting • February 2, 1995 Page Five 6. Case 4401 Colette Mills 117 NW 93 Street Dead tree limbs on roof and east side of house on ground • Section 12-104. Storage or removal of rubbish, garbage, etc. Exterior property areas shall be kept free from organic and inorganic material that might become a health, accident or fire hazard, whether or not such areas are used for human habitation. Containers with covers shall be provided for the temporary storage of garbage and rubbish. Materials of an inflammable nature shall be safely stored or removed from the premised. Rubbish, trash, debris, dead trees or other unsightly or unsanitary matter on the premises shall be removed by owner or occupant or both. Mr. Trumble passed a picture of the violation to the Board. He stated that the tree limbs were all piled beside the house and all the occupants would have to do is to remove the limbs to the back so the City could pick them up, but they refused to do so. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to • Section 12-104 of Miami Shores Village Code and an administration fee of $180 be assessed and if the violation is not corrected within 30 days a fine of $25 a day will become effective. Mr. Caldwell seconded the motion. Mr. Herrera called for a discussion. Mr. Herrera asked if someone had actually told the occupants to move the limbs to the back. Mr. Trumble stated that he had not. Mr. Trumble stated that this was an ongoing and violation and that the Motas had been before the Board. The motion passed unanimously. • • • 7. Case 4402 Mr. Efrain Acosta 109 NW 95 Street Improper storage of rubbish, garbage, etc. Section 12-104. Storage or removal of rubbish, garbage, etc. Exterior property areas shall be kept free from organic and inorganic material that might become a health, accident or fire hazard, whether or not such areas are used for human habitation. Containers with covers shall be provided for the temporary storage of garbage and rubbish. Materials of an inflammable nature shall be safely stored or removed from the premises. Rubbish, trash, debris, dead trees or other unsightly or unsanitary matter on the premises shall be removed by owner or occupant or both. Mr. Trumble requested a dismissal as a permit had been obtained. • Code Enforcement Board Regular Meeting February 2, 1995 Page Six Mr. Owens moved for dismissal. Ms. Burch seconded the motion and it passed unanimously. 8. Case 4408 • Mr. Joseph B. St. Fort 245 NE 93 Street Commercial vehicle in residential zone • Section - CVR . Commercial vehicles, A commercial vehicle is" 1) any vehicle marked with asign, letters or emblem advertising or associating it in any way with a commercial enterprise (vehicle make and/or dealer identification markings and emblems excepted); 2) any vehicle in which the accouterments of a commercial activity are visible. Examples would be ladders, paint cans, lawn care equipment or fixtures and brackets necessary to carry such items; 3) any vehicle bearing a commercial license issued by the State of Florida or any other State; and, 4) any vehicle exceeding 3/4 ton capacity. (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 permitted to stand in any • place except temporary while in connection with going to or from a use existing in the district.) • • Mr. Trumble requested a dismissal as the vehicle had been moved. Mr. Caldwell moved for dismissal and adjournment. Ms. Burch seconded the motion and the motions passed unanimously. The motion for adjournment was made at 7:55 PM. 9. Chairperson Asmus reopened the meeting to suggest the Board consider and vote on a time change for convening the Code Enforcement Meetings from 7:30 PM to 6:30 PM. After discussion Mr. Hegedus moved that the Code Enforcement Meeting convene at 6:30 PM henceforth. Mr. Herrera seconded the motion and it passed unanimously. Ms. Burch made a motion to adjourn. Mr. Herrera seconded the motion and it passed unanimously. • Code Enforcement Board Regular Meeting February 2, 1995 Page Seven • • • • • • The motion for adjournment was made at 8:05 PM. Barry As J us, Chairperson