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09-07-1995 Regular Meeting• • • MIAMI SHORES VILLAGE CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 7, 1995 The regular meeting of the Code Enforcement Board was held on Thursday, September 7, 1995 in the Chamber of the Miami Shores Village Hall commencing at 6:30 P.M. The following members were in attendance: Present: Barry Asmus, Chairperson Thomas J. Caldwell Lance Harke Ivor R. Hegedus Prospero G. Herrera, II John Sydow Absent: Margaret Burch Also Present: Richard Trumble Amos Pierre Lisa Kroboth ITEM #1 MINUTES - JULY 6, 1995 Mr. Hegedus asked that following two amendments be made to the minutes of the July 6, 1995 meeting: The line on Page 3, paragraph 3 which reads "No second to the motion was made." be amended to read " A second to the motion was made." and Page 4, Line 7 which reads "Mr. Caldwell as if he did repairs on other people's cars." be amended to read "Mr. Caldwell asked if he did repairs on other people's cars.". Mr. Hegedus moved for approval of the July 6, 1995 minutes as amended. Mr. Herrera seconded the motion and the vote was unanimous in favor. ITEM #2 HEARING A. Case No. 004550 Weathertight & Watertight Structures 39 N.W. 100 Terrace Owner: Kathryn Parke Code Enforcement Board September 7, 1995 Page 2 111 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 the lack of tile on the roof. A certified letter had been sent to notifiy the owner of the violation. However, no action has been taken. Mr. Asmus inquired as to how long the roof has been without tile. Mr. Trumble replied it has been two to three years. Mr. Pierre noted that the house appears abandoned. Mr. Caldwell 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 that an administrative fee of $180.00 shall be assessed. If the violation is not corrected within thirty days, a fine of $25.00 per day shall be levied. Mr. Herrera seconded the motion and the vote was unanimous in favor. B. Case No. 004573 Unlawful Occupancy 510 N.E. 93 Street Owner: Ray Jean -Baptiste Section 12-211 Unlawful Occupancy Remove all non family persons Remove all non family members. Mr. Trumble stated that there are currently four young men living in the home. The owner of the property was to send a letter to the tenants so that they would correct the violation. The owner of the home, Carol JeanBaptiste resides in New York. She was present to speak on the violation. She stated that Mr. Matthew Phileaue, his cousin and a friend have a six month lease for the rental of this property. Mr. Trumble stated that as the lease stands, it is in violation since the property is a single family residence. Mr. Trumble noted that two of the tenants are attending Barry University. Ms. Jean -Baptiste stated that she could not control the lifestyle of the renters (noting that the renters have a lot of male friends who visit the property often.). Mr. Asmus noted that the students attending Barry are considered residents and since an occupational license was issued, the property must be maintained within the Code. Mr. Asmus stated that it is the property owner's responsibility as a • landlord to maintain and meet the guidelines of the Village Code. • • Code Enforcement Board September 7, 1995 Page 3 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. An administrative fee of $180.00 shall be assessed. If the violation is not corrected within thirty days, a fine of $25.00 per day shall be levied. Mr. Caldwell seconded the motion and the vote was unanimous in favor. C. Case No. 004585 Non -Permitted Use Conducting Religious Services 43 N.W. 102 Street Owner: Lawrence D. Puma Section 270 Non -Permitted Use Cease operations. Desist religious services in a residential single family zone. Mr. Trumble notified the Board that a letter had been faxed to the Village by the property owner's attorney which asked that the case be heard at the next regularly scheduled meeting due to a prior engagement of the violator's attorney. Mr. Caldwell moved that a continuane be granted and that the case be heard at the next regularly scheduled meeting. Mr. Harke seconded the motion. The vote was unanimous in favor. D. Case 004590 Junk Car on Premises 8 N.W. 93 Street Owner: Severe Delva Section 501 (k) Prohibited Uses No use shall hereafter be established in any district unless the same is included amoung 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 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 by 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 faciliV. • Code Enforcement Board September 7, 1995 Page 4 Mr. Pierre stated that the violation had been corrected and the vehicle has been removed from the property. Mr. Caldwell moved that the case be dismissed. Mr. Herrera seconded the motion and the vote was unanimous in favor. E. Case No. 004605 Inoperable Vehicle on Premises 39 N.W. 101 Street Owner: Gertha Pierre Section 13-1 It is prohibited to maintain a vehicle not in provable operating condition and not stored in a garage. Mr. Pierre stated that the inoperable commercial vehicle is still parked in front of the property. The owner is still in violation and no action has been taken to correct. Mr. Hegedus 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 that an administrative fee of $180.00 be assessed. If the • violation is not corrected within thirty days, a fine of $25.00 per day will be levied. Mr. Herrera seconded the motion. The vote was unanimous in favor. F. Case No. 004604 Unlawful Structure 100 N.E. 110 Street Owner: James Howard Schedule of Regulations Make application for building permit. If approved relocate accessory building or remove building. Obtain permit from building and zoning for carport location. A request for a continuance is made at this time. Mr. Pierre stated that the property owner came in for a permit. However, Mr. LuBien stated that he must inspect the structure before the permit is issued. The property owner is waiting for inspection. Mr. Asmus asked if the structure had already been built. Mr. Pierre replied that the structure (a carport) is in place, but the owner would like to put a canvas on it. Mr. LuBien must check to see if the structure complies with the new codes. Mr. Hegedus moved that a continuance be granted. Mr. Caldwell seconded the motion and the vote was unanimous in favor. • • Code Enforcement Board G. Case No. 004609 Unauthorized Storage of Materials 1545 N.E. 104 Street Owner: Warren Thomas Mount Section 501 (k) Prohibited Uses September 7, 1995 Page 5 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 standard.s 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 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 by 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 faciliv. 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. Trumble asked that the case be dismissed. A Hydro Hoist sank in the canal behind the property. It has since been raised and secured. Due to the incessent rain, the owner has been unable to remove the Hydro Hoist. A company, Action Marine Towing, has been hired to remove the Hoist and will do so as soon as the weather permits. Mr. Caldwell moved that the case be dismissed. Mr. Harke seconded the motion and the vote was unanimous in favor. H. Case No. 004619 Inoperable Vehicle on Premises 10528 N.W. 2nd Avenue Owner: Edner Etienne • • • • Code Enforcement Board September 7, 1995 Page 6 Section 13-1 Inoperable vehicle on premises. It is prohibited to maintain a vehicle not in provable operating condition and not stored in a garage. Mr. Pierre made a recommendation for case dismissal, since the homeowner is now in compliance. The violation has been corrected. Mr. Caldwell moved that the case be dismissed. Mr. Herrera seconded the motion and the vote was unanimous in favor. ITEM #3 ADJOURNMENT Mr. Caldwell moved that the regular meeting of the Miami Shores Code Enforcement Board be adjourned. Mr. Herrera seconded the motion and the vote was unanimous in favor. The meeting was adjourned at 6:55 P.M. eth A. Kroboth, Recording Secretary