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03-02-1995 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING March 2 , 1995 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, March 2, 1995, at the Miami Shores Village Hall. The meeting was called to order by Chairperson Asmus at 6:30 P.M. with the following members present: Absent: Chairperson Barry Asmus Lance Harke Daniel B. Owens Prospero G. Herrera II Margaret Burch Thomas J. Caldwell Ivor Hegedus Also Present: Richard Trumble Amos Pierre Chairperson Asmus called the meeting to order with the first item on the agenda being the approval of the February 2, 1995, Minutes. 1. Minutes - February 2, 1995 Mr. Harke moved to approve the Minutes of February 2, 1995, as submitted. Mr. Owens seconded the motion, and it passed unanimously. 2. Chairperson Asmus asked the Recording Secretary to swear in all parties who would be giving testimony at the meeting. 3. Chairperson Asmus called the roll. Four members were present and three were absent. HEARING 4. Case 4412 Cookies & Crackers Corp. 87 NW 100 Street Aluminum pool safety barrier is damaged 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. • Code Enforcement Board Regular Meeting March 2, 1995 Page Two The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Ms. Aza Goillen-Borrego (Buyer) and Mr. Isaac Gomez (Seller) approached the podium. Mr. Pierre stated that due to a telephone complaint he inspected the property on January 3, 1995 and set a compliance date of January 10, 1995. Mr. Pierre passed pictures to the Board. He stated that the residence was currently vacant and zoned for a single family. Mr. Pierre stated that he had reinspected the premises on March 2, and the violation still existed which was damage to the aluminum pool enclosure and pool safety area. This violation was a safety concern because of the children in Miami Shores. Mr. Pierre stated that his last contact with the owner, Mr. Isaac Gomez, was on January 31. Mr. Gomez stated that the violation would be corrected with the acquisition of a permit, but as of the date of the Board Meeting, no permit had been obtained. Chairperson Asmus asked Mr. Gomez to explain why the violation had not been brought into compliance. Mr. Gomez stated that he had been trying to get monies due him from an insurance company, and he had been getting proposals on fixing the pool. Most of the proposals suggested that Mr. Gomez rescreen the pool area and this would not need a permit. The companies giving proposals did not want to deal with Miami Shores and all its demands. Mr. Gomez stated that the work could be done without a permit. Chairperson Asmus stated emphatically to Mr. Gomez that he must have a permit and if he tried to have the work done without a permit, he would appear before the Board on another violation. Mr. Gomez stated that he understood this and that was why he had not had the work done. Mr. Trumble stated that Ms. Goillen- Borrego was going to take possession of the house on April 1st in an "as is" condition, and she would have the work done if she could get a 30 day extension on the work. Chairperson Asmus suggested that after the 30 days, $50 a day be charged because this was a public nuisance to children. Mr. Gomez stated that the screen barrier was up around the pool and the pool was protected from any children accidentally falling in. This was disputed because of the dates on the pictures presented to the Board. Chairperson Asmus told Mr. Gomez that he could cover the pool with wood so there would be no access and no way a child could fall in and drown. He then told Ms. Goillen-Borrego to immediately contract for the repair of the pool enclosure. She told the Board that she had a proposal that promised the pool area would be fixed within 10 working days, but she was asking for a 30 day extension to make sure it was completed. She also stated that the companies she had contacted were unwilling to go to the trouble of obtaining permits and meeting the demands of Miami Shores. Chairperson Asmus stated that the permit was for her protection to avoid the possibility of a contractor coming in and ripping her off. He was willing to give 15 days to bring the violation into compliance. • • Code Enforcement Board Regular Meeting March 2, 1995 Page Three Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-133 of Miami Shores Village Code and an administration fee of $180 be assessed. If the violation is not corrected within 15 days, a $50 a day fine shall be levied. Mr. Herrera seconded the motion and it passed unanimously. 5. Case No. 4405 Constantine Hinds 30 NE 99 Street Tiles missing from 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 or variegated slate. • Gregory Hines was present to speak on behalf of his mother, Constantine Hines. Mr. Trumble stated that the violation began on October 27, 1994, for unlawful roofing materials - loose, broken and missing tiles on the roof. Mrs. Hines was contacted and requested to comply by November 4, 1994. On January 4, 1995, Mr. Trumble wrote a violation for correction by February 3, 1995, and no one had to date come to obtain a permit. Chairperson Asmus stated that it was now four months since the Hines were asked to comply. Mr. Hines stated that he was given an extension by Mr. Pierre. He then stated that there were no cracked tiles on the roof but that the tiles were stacked to one side so that it could be determined if the leak in the roof had been properly fixed. The delay in finishing the roof was due to lack of funds. Mr. Hines stated that his father was supposed to send him the money and that a permit had been pulled. He then showed the Board a photocopy of the permit. Mr. Hines told the Board that his father would be sending him approximately $13,000 - $14,000 for a new roof. Chairperson Asmus asked Mr. Hines how long after he received the money would it take to complete the roof. Mr. Hines stated that all the contracts were signed and everything was reading to go as soon as the money came in which should be in two weeks. Mr. Trumble stated that he did not know that a permit had been issued and that the Hines had six months after getting the permit to finish the roof. Mr. Trumble felt that a dismissal was in order as a valid permit had been issued. • Mr. Herrera moved for dismissal. Mr. Harke seconded the motion and it passed unanimously. • Code Enforcement Board Regular Meeting March 2, 1995 Page Four 6. Case 4395 Marijade and Clarence Charles 46 NW 96 Street Gazebo in rear of house Schedule of Regulations. Unlawful structure. Failure to construct accessory buildings in a location as required by law. Mr. Trumble stated this code violation was written on December 9, 1994, for a gazebo built around a hot tub. Mr. Lubian had asked for sealed plans but did not receive sealed plans nor did he receive plans for a roof on the gazebo. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to the Schedule of Regulations and that an administration fee of $180 will be assessed, and if the violation is not corrected within 30 days, a $25 a day fine will become effective. Mr. Herrera seconded the motion and it passed unanimously. • 7. Case 4416 Manuel R. Caycedo 45 NE 103 Street Two ponds and hot tub have algae and mosquito larvae 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. Pierre stated this case was the result of a citizen in the neighborhood complaining. He inspected the property and issued an order to comply. Mr. Pierre passed pictures and stated that the residence was currently vacant. Mr. Trumble stated that the ponds had snakes and iguana in them. Mr. Harke moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 10-5 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. Herrera seconded the motion and it passed unanimously. • • Code Enforcement Board Regular Meeting March 2, 1995 Page Five • 8. Case 4418 Mathieu Levy Desir 104 NW 102 Street Loose dog in front yard with no tag visible. Section 5-22. Pets No more than three dogs and/or four cats over six months may be kept. Dogs and cats shall not engage in frequent or habitual barking, meowing, etc. Mr. Pierre requested dismissal as the violation had been corrected. Mr. Herrera moved for dismissal. Mr. Owens seconded the motion and it passed unanimously. 9. Case 4420 Bankers Trust Co. Of California 58 NE 92 Street Yard Overgrown Section 10-1. Property to be maintained in safe, clean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property in a safe, clean and sightly condition and to remove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill in all excavations and depressions thereon. Mr. Pierre requested dismissal as the violation had been corrected. Mr. Hard moved for dismissal. Mr. Owens seconded the motion and it passed unanimously. 10. Case 4434 Joanan Elien 24 NW 102 Street Rotted fascia board and soffit 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. • Code Enforcement Board Regular Meeting March 2, 1995 Page Six The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Mr. Pierre showed the Board a picture of the violation. Mr. Owens moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-133 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. Herrera seconded the motion and it passed unanimously. 11. Case 4438 Reginald A. Richardson 75 NW 95 Street Construction debris parked in rear of property Section 9-2(b). Containers for grass cuttings, leaves. Grass cuttings and leaves from shrubbery and trees shall be placed in containers with a minimum capacity of twenty (20) gallons and a maximum capacity of forty (40) • gallons, which containers shall be of galvanized metal, durable plastic or plastic bags. No loaded container shall exceed fifty (50) pounds in weight, and the metal and durable plastic containers shall have handles on the sides and tightly fitting lids that are watertight and in place at all times. Plastic bags shall be sealed with a twist wrap to prevent water entry into the bag. If containers of any kind are in excess of fifty (50) pounds total weight, same shall not be collected until after the director shall cause to be delivered to the concerned premises written notice of the weight violation; and if the violation is not corrected within three (3) days of such notice, collection thereof will be made at a cost in double the amount of a special collection and assessed to the violator. Such fee shall not be less than one hundred dollars ($100). Section 9-2(c). Garbage containers. All garbage shall be drained of all liquids and be deposited in garbage containers. Garbage containers shall be kept tightly closed at all times, except when being filled or emptied. Garbage shall not be placed in 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. Pierre requested dismissal as the violation had been corrected. Code Enforcement Board Regular Meeting March 2, 1995 Page Seven Mr. Herrera moved for dismissal. Mr. Owens seconded the motion and it passed unanimously. 12. Resignation of Board Member Daniel Owens Chairperson Asmus stated that Mr. Owens would be resigning from the Board as he was moving to Omaha, Nebraska. The Board wished him well, Godspeed and good luck. 13. Adjournment Mr. Owens moved for adjournment. Mr. Herrera seconded the motion and it passed unanimously. The meeting adjourned at 7:00 p.m. Barry, smus, Chairperson DANIEL B. OWENS, P.E. 501 N.E. 102 Street Miami Shores, Florida 33138 (305)756-1612 (hm) (305)940-6172 (wk) March 2, 1995 Mr. Barry Asmus Chairman, Code Enforcement Board Miami Shores Village Re: LETTER OF RESIGNATION Dear Barry: I am writing to submit my resignation from the Miami Shores Village Code Enforcement Board. I have accepted a new job and plan to relocate to Omaha, Nebraska in March 1995. I have been privledged to serve the Village of Miami Shores the last four years with an outstanding group of volunteers and an • extremely professional village staff. Best wishes to all. Sincerely, Daniel B. Owens cc: W. 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