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07-06-1995 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING July 6, 1995 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, July 6, 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. Chairperson Barry Asmus Thomas J. Caldwell Margaret Burch Prospero G. Herrera, II Ivor R. Hegedus John Sydow Absent: Lance A. Harke Also Present: Richard Trumble Amos Pierre William Nelson • Chairperson Asmus called the meeting to order with the first item on the Agenda being the approval of the June 1, 1995, Minutes. 1. Minutes - June 1, 1995 Ms. Burch moved to approved the Minutes of June 1, 1995. Mr. Caldwell seconded the motion and it passed unanimously. HEARING 2. Case 4523 Unauthorized construction/alterations 42 NW 101 Street Owner: Community Housing & Shelter Section 6-4 a Re • uired.• Permits - A • • Iications • enerall 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 more in Code Enforcement Board Regular Meeting • July 6, 1995 Page Two value; and on any remodeling or alteration job of any value; without first obtaining a permit therefor from the building department. Mr. Pierre reported to the Board that this case included the following three violations: painting, kitchen cabinets and water tank. Permits were obtained for the painting and kitchen cabinets but not for plumbing/water tank. Mr. Fred Scheiber was present to speak on the violations. He stated that he was the Executive Director of Community Housing & Shelter located at 2450 Hollywood Boulevard, Suite 606A, Hollywood, FL 33020. Mr. Scheiber said that after purchasing this HUD property, work was immediately begun on repairs. Community Housing had purchased several houses and had never had to pull permits for these types of repairs, and he did not realize that Miami Shores required him to do so. When he realized that he had needed to pull permits before beginning this work, most of the work had already been completed. Mr. Nelson told the Board that because Mr. Scheiber had pulled two of the three required permits, he felt Mr. Scheiber was demonstrating good faith and coming into compliance with these violations. Mr. Scheiber was before the Board this evening on the water heater violation because a permit had not yet been pulled. Chairperson Asmus stated that this seemed like another case where someone purchases property in • Miami Shores and is not told about the permits required when doing any work in excess of the value of $100. Mr. Caldwell asked Mr. Scheiber about the water heater and why he had taken it out of the house. Mr. Scheiber stated that when he purchased the house, there was a fairly new water heater. He later learned that a neighbor had entered the house and taken the water heater and placed it into his own home. An older, but workable, water heater was located on the side of the house. Mr. Scheiber said that he had to cut the lines to move the water heater to paint the wall behind it. Mr. Trumble stated that a water heater placed outside of the house is illegal. Mr. Nelson stated that all Mr. Scheiber needed to do was to pull electrical and plumbing permits to do whatever work was necessary on the water heater and to have the work inspected. • Mr. Caldwell 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 $25 a day fine shall be levied. No administrative fee would be levied due to the nonprofit nature of the organization and the nature of the violation itself. Mr. Herrera seconded the motion and it passed unanimously. 3. Case 4531 Weathertight and Watertight Structures 54 NE 101 Street Owner: Francis G. Lakes • Code Enforcement Board Regular Meeting July 6, 1995 Page Three 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 repaired 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. Pierre stated that the violation was due to missing tiles on the roof. On April 4, 1995, he visited the property and noticed that tiles were missing. He stated he spoke with the owner and issued a courtesy notice. On May 18, 1995, a violation was issued. To date, no work has been done to repair the missing tiles. A photograph was placed into evidence showing the missing tiles. Mr. Lake was present to speak on the violation. Chairperson Asmus as Mr. Lake to explain the picture. The Board noticed that terra cotta tiles were visible when the roof was white. Mr. Lake stated that he had patched the roof and painted the patched portion with terra cotta paint. He thought he 40 could paint the tiles white to match the roof tiles. Mr. Trumble stated that the tiles could not be painted but must be colored through tiles. Also Mr. Lake was advised that he must first pull a permit before doing any of the roof work. Mr. Nelson stated that he would work with Mr. Lake on coming into compliance. Mr. Caldwell made a motion that the case be dismissed without prejudice and owner to refile if the Village so desired. No second to the motion was made. Roll was called with the following vote: Ms. Burch - no; Mr. Caldwell - yes; Mr. Herrera - yes; Mr. Sydow - yes; Chairperson Asmus - no. The motion passed with a vote of 3 to 2. 4. Case 4553 Auto repairs in residential zone 295 NW 111 Street Owner: Jean Ulysse Schedule of Regulations - ARR. Auto Repairs in Residential Zone. No automotive work shall be allowed on automobiles located in a residential zone. All inoperative vehicles are to be removed immediately. Mr. Pierre reported to the Board that this was a second notice violation. He passed around a picture which showed the transmission repair that was being done. • On June 9, 1995, an anonymous complaint was made to the Village concerning the constant auto repairs being done at this residence. There was also an untagged • Code Enforcement Board Regular Meeting July 6, 1995 Page Four vehicle parked at the property. Mr. Ulysse was present to speak on the violation. He stated that he was not financially able to take the car to a shop to have the transmission fixed nor was he able to take the time off work. He had no choice but to repair the transmission himself on his property. When questioned about the untagged vehicle, Mr. Ulysse stated that he did not know the tag was off the car and that perhaps his son had removed it to protect it from getting stolen. Chairperson Asmus asked if he had the registrations to the vehicles. Mr. Ulysse stated that he did. Mr. Caldwell as if he did repairs on other people's cars. Mr. Ulysse stated that he did not. He also told the Board that he didn't know about the Village's restriction on doing auto repairs at your residence. Chairperson Asmus advised Mr. Ulysse that performing car repairs at his property and keeping an untagged vehicle on his premises were illegal as both these conditions constituted inoperative vehicles. Mr. Trumble advised Mr. Ulysse that the Village did not want any automobile fluids going into the ground. Mr. Ulysse stated that he had not let that happen. Mr. Caldwell moved for a Finding of Fact and Conclusion of Law that a violation exists to the Schedule of Regulations of the Miami Shore Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, • a $25 a day fine shall be levied. Ms. Burch seconded the motion and it passed unanimously. 5. Case 4556 Commercial vehicle in residential zone 130 NW 92 Street Owner: Carlos Fernandez Schedule of Regulations - CVR. Commercial vehicle in residential zone It is prohibited to park a truck, trailer, or commercial type vehicle in a residential area. Mr. Pierre stated that the violation was for a tow truck which was constantly parked in a residential zone. He passed around a picture which showed the truck blocking the alley. Mr. Pierre stated that Mr. Fernandez had been cited in the past for this problem. Mr. Fernandez would comply and then begin again parking his tow truck at his home. Neighbors had also been complaining about this vehicle. Mr. Pierre stated that the police were called on May 6, 1995, and gave Mr. Hernandez a verbal warning. Mr. Parker who lived next door to Mr. Fernandez was present and stated that the tow truck was constantly parked either in the alley or at the house. He stated that Mr. Fernandez had been rude to him when asked to move the truck. Mr. Parker stated • that an ill neighbor living across the street was forced to view this big truck whenever she looked out her window. Mr. Fernandez was present to speak on the violation. He • Code Enforcement Board Regular Meeting July 6, 1995 Page Five • • told the Board that the tow truck he owned was his livelihood. If the truck was not at his home when he received a call, he would lose the call and any money he would have received. Thus, he would eventually lose his business. Mr. Fernandez stated that he had tried to park the truck in the garage, but it would not fit. Mr. Fernandez told the Board that he was never advised that having his truck parked at his home would be illegal when he purchased the house two years ago. Chairperson Asmus told Mr. Fernandez that blocking the alley was also illegal. Mr. Fernandez stated that everyone blocked the alley with vehicles. He also stated that Mr. Trumble had advised him on several occasions that he could not park his truck at his home. Mr. Fernandez reiterated that this tow truck was his livelihood and he had no other choice. He stated that since this tow truck was his business, he would either have to sell or rent the house. Chairperson Asmus suggested Mr. Fernandez park the truck somewhere nearby. Mr. Fernandez stated that he had tried to do this at several places and was unsuccessful. Chairperson Asmus told Mr. Fernandez that he was not the only buyer in Miami Shores who had not been told the rules by Realtors prior to purchasing a home. Mr. Fernandez said he had not found out about this violation until after he had bought the home. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to the Schedule of Regulations of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Caldwell seconded the motion and it passed unanimously. 6. Case 4569 Weathertight and watertight structures 650 NE 88 Terrace Owner: Viking Motel Tenant: Motel Viking 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 repaired 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 Board Regular Meeting July 6, 1995 Page Six Mr. Nelson stated that on June 27, 1995, the Metro Dade fire captain contacted him concerning a 911 emergency at the Viking Motel. He visited Unit 32 and saw water damage caused by a leaking roof. Because the Unit was occupied, the fire captain considered this a safety issue. Mr. Nelson stated that he went to the Unit and met with the maintenance man. With the information received from the fire captain and the maintenance man, Mr. Nelson proceeded to the business address of the Motel owners. Four separate notices of violations were given and received at the business office. Mr. Nelson stated that the only violation on the agenda tonight for this location was for weathertight and watertight structure. On June 28, 1995, he and Mr. Lubien went to Unit 26 of the motel and saw roof damage. They saw that sheet rock had fallen down in Unit 32. Mr. Kahrici was present to speak on the violation. He told the Board that there had been two to three feet of flooding after the recent rains and Metro Dade had to pump out the excessive water. Mr. Kahrici stated that there were three different buildings used by Viking Motel and that some of the units had already been repaired. Complete renovation of the buildings was planned as soon as funding was approved through Commerce Bank which would take another two weeks. Some roof repair had already been done, and this work had been done without a permit and without inspections. Mr. Kahrici stated that he had complied with getting the leaking stopped (a temporary measure until full roof renovations could be done). Mr. Nelson stated they should get permits so the work could be inspected and the Village could close out this violation if the work met the requirements. Mr. Nelson reported that Mr. Kahrici had been warned on several occasions dating back to November 1994, and told the Board that other work that needed to be done was window and roof repair, painting of the entire complex, rubbish removal, and fixing the pool so that water would not be retained causing mosquito problems. Mr. Kahrici stated that the motel was going to be renovated and turned into an apartment complex. He said he was aware that he would need to obtain individual permits to do renovations. His General Contractor, Mr. Jerry Attardi, thought it would take approximately sixty days to do all the renovations in all three buildings. The roof should be done in thirty days. 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 administrative fee of $180 be assessed. If the violation is not corrected within sixty days, a $25 a day fine shall be levied. Mr. Herrera seconded the motion and it passed unanimously. • Code Enforcement Board Regular Meeting July 6, 1995 Page Seven 7. Case 4555 General unsightliness 11004 NW 2 Avenue Owner: C.A. Hooks 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 stated the violation was due to an overgrowth of grass and other shrubbery. He said Mr. Hooks had tried to take care of the yard, but it remained unsightly. Mr. Hooks was present to speak on the violation. He stated that the house belonged to his recently deceased mother. He had suffered financial hardship in the past and other unforeseen circumstances, but stated that funds were now available to fix up the house. Mr. Hooks stated he had come to Village Hall and paid his garbage • bill. He also mowed the lawn. When questioned about having been before the Board in the past, Mr. Hooks stated he had been right after Hurricane Andrew because of fallen trees. Chairperson Asmus asked him if 30 days would be sufficient to clean up the general unsightliness. Mr. Hooks stated it would. Ms. Burch moved for A Finding of fact and Conclusion of Law that a violation exits to Section 10-1 of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion and it passed unanimously. 8. Case 4530 Unauthorized construction/alterations 9707 NE 13 Avenue Owner: Dr. Richard L. Taylor, Jr. Section 6-4(a). Required; Permits - Applications generally. 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 more in • Code Enforcement Board Regular Meeting July 6, 1995 Page Eight value; and on any remodeling or alteration job of any value; without first obtaining a permit therefor from the building department. Mr. Trumble stated that the violation stemmed from a residential complaint. Dr. Taylor was present to speak on the violation. He stated he had replaced two old fashioned awning type windows with two new windows. He had hired a Contractor, Kitchens Unlimited from Broward, who did not pull a permit as this was not a structural change. Dr. Taylor told the Board that he had begun this work prior to last November. He said he was told that any window alterations after November 1994 would require hurricane shutters. The windows he chose to install were hurricane proof, but not actually hurricane shutters/awnings. Dr. Taylor stated he was awaiting bids on installing hurricane awnings. Mr. Trumbie told him as soon as he received specifications on the awnings, he must get a permit before doing any work. Dr. Taylor asked for 45 days to complete the work. Mr. Hegedus 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 administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine • shall be levied. The motion failed to pass. Dr. Taylor could not understand why he was being penalized by the Board for upgrading his home. He insisted that he did not need a permit for the work he wanted to do because the work did not consist of structural changes. Mr. Trumble told the Board that Dr. Taylor had done other work on his home in the past and he had always gotten a permit prior to doing the work. The Contractor was at fault for not pulling a permit, but the homeowner still remained responsible. 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 the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Herrera seconded the motion and it passed unanimously. 9. Case 4524 Unsightly fascia, soffit, house exterior 1029 NE 104 Street Owner: Ruth Wiesen Section 12-133. Depreciation of surrounding property. • Code Enforcement Board Regular Meeting July 6, 1995 Page Nine 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 that the violation had been corrected. Ms. Burch moved for dismissal. Mr. Herrera seconded the motion and it passed unanimously. 10. Case 4533 Non -family occupancy 174 NW 109 Street Owner: Victorina Palomo Section 216. Non -Family Occupancy A family is any number of persons relalted by blood or marriage; or not more than two persons not related by blood or marriage. All non -family members are to be • removed. Mr. Perre stated this violation involved a police response at the address. Ms. Palomo was renting a room of her home. On April 18, 1995, Mr. Pierre issued a courtesy letter to cease unlawful occupancy. On April 26, 1995, Ms. Palomo told Mr. Pierre that the tenant had left. He advised Ms. Palomo to submit a signed affidavit saying that the tenant had left. As of this date, no signed affidavit had been forthcoming from Ms. Palomo. • Mr. Herrera moved for a Finding of fact and Conclusion of Law that a violation exists to Section 216 of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion and it passed unanimously. 11. Case 4538 Unauthorized storage of materials 69 NW 104 Street Owner: Warren G. Darlow Sr. Section 501(k). Prohibited uses. No use shall hereafter be established in any district unless the same is included among the uses permitted in such district as set forth in the schedule adopted by Article IV, either by specific listing or by the application of standards specified in this ordinance. Code Enforcement Board Regular Meeting July 6, 1995 Page Ten For the purpose of clarification, the following list sets forth uses that are among those that shall not be deemed to be permitted anywhere in the village. Storage or disposal of junk, trash, including but not limited to derelict, inoperable, or partially dismantled trailers, boats, vehicles, machinery, refrigerators, washing and drying machines, plumbing fixtures, or any other similar type of personal property; provided, nevertheless, it is not the intent hereof to prohibit the deposit of such items in a usual location for waste collection, provided it is not or will not become a nuisance, and the same will be collected the waste division of the public works department, or a Miami Shores Village authorized commercial waste collector. However, in the case of hazardous waste (as defined by the Dade County Code), such waste shall be promptly transported to a certified hazardous waste disposal facility. 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 passed around a photograph of the property. As of this date it had not been brought into compliance. • Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 501(k) 10-1 of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion and it passed unanimously. 12. Case 4545 Unauthorized storage of materials 1280 NE 105 Street Owner: Rosemary Bacallao Section 501(k). Prohibited uses. No use shall hereafter be established in any district unless the same is included among the uses permitted in such district as set forth in the schedule adopted by Article IV, either by specific listing or by the application of standards specified in this ordinance. For the purpose of clarification, the following list sets forth uses that are among those that shall not be deemed to be permitted anywhere in the village. Storage or disposal of junk, trash, including but not limited to derelict, inoperable, or partially dismantled trailers, boats, vehicles, machinery, refrigerators, washing • Code Enforcement Board Regular Meeting July 6, 1995 Page Eleven and drying machines, plumbing fixtures, or any other similar type of personal property; provided, nevertheless, it is not the intent hereof to prohibit the deposit of such items in a usual location for waste collection, provided it is not or will not become a nuisance, and the same will be collected the waste division of the public works department, or a Miami Shores Village authorized commercial waste collector. However, in the case of hazardous waste (as defined by the Dade County Code), such waste shall be promptly transported to a certified hazardous waste disposal facility. 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 stated that the violation was for four large, unsightly boats. Neighbors had complained. As of this date, two of the boats had been removed. A sailboat and a • cabin cruiser remained. Mr. Pierre stated that the owner had made a good faith effort to comply and requested that the Board grant a 30 day continuance. He gave the Board a letter from the owner which stated that the owner would comply if given just a little more time. • Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 501(k) 10-1 of the Miami Shores Village Code and if not corrected within 30 days, a $25 a day fine shall be levied. Mr. Herrera seconded the motion and it passed unanimously. 13. Case 4549 Improper storage of rubbish, garbage, etc. 353 NE 91 Street Owner: Tracy Stubbs Section 12-104. Storage or removal of rubbish, garbage, etc. Exterior property areas shall be kept free from organic and inorganic materials 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 Code Enforcement Board Regular Meeting • July 6, 1995 Page Twelve • • unsightly or unsanitary matter on the premises shall be removed by owner or occupant or both. Mr. Trumble passed around a picture of the property depicting a huge pile of garbage. The owner has a lawn service business and apparently discards his clients' refuge at his home. He stated that after the owner was cited, he put his home up for sale. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-104 of the Miami Shores Village Code and an administrative fee of $180 shall be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion and it passed unanimously. 14. Case 4551 Business from residence 9701 Biscayne Boulevard Owner: William M. Allen Schedule of Regulations - BUS. Business from Residence. It is prohibited to conduct or operate a business from a residence. Cease and desist conducting or operating business from residence. Remove directory listing or other advertising. Mr. Trumble stated that the violation had been corrected. Ms. Burch moved for dismissal. Mr. Sydow seconded the motion and it passed unanimously. 14 Adjournment Ms. Burch moved for adjournment. Mr. Herrera seconded the motion and it passed unanimously. The meeting adjourned at 8:10 P.M. Barry Asmus oI Ann Ragone,