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11-02-1995 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING November 2, 1995 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, November 2, 1995, at 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 Prospero G. Herrera, II John Sidow Douglas Garber Margaret Burch Lance A. Harke Ivor R. Hegedus Also Present: Richard Trumble Amos Pierre AGENDA: 1. Introduction of New Board Member Chairperson Asmus asked Mr. Trumble to introduce the new member, Mr. Douglas Garber, to the Board. 2. Election of Code Enforcement Board Chairperson and Co -Chairperson a. Election of Chairman Mr. Herrera moved to reelect Mr. Barry Asmus as Chairman of the Code Enforcement Board. Mr. Sidow seconded the motion. The motion passed unanimously. b. Election of Co -Chairperson Chairperson Asmus moved to elect Mr. Prospero Herrera, II as Co - Chairperson of the Code Enforcement Board. Mr. Sidow seconded the motion. The motion passed unanimously. 3. Approval Minutes Co -Chairperson Herrera moved to approve the Minutes of October 5, 1995. Mr. Sidow seconded the motion. The motion passed unanimously. • • • Code Enforcement Board Regular Meeting November 2, 1995 Page 2 4. Administration of Oath The secretary administered the Oath to all parties who were present to give testimony. HEARING 5. Case 4671 General unsightliness 42 NW 107 Street Owner: Andre E. Sylvain 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 there was general unsightliness, especially high, unmowed/unedged grass around Mr. Sylvain's home. He passed a picture for the Board to review. Mr. Sylvain stated that he had begun to cut the grass at his house and the lawn edger broke. As soon as he could get the edger repaired, he would finish the job. Chairperson Asmus asked the code enforcement officers when the violation was written and was told it was on September 14, 1995. An Order to Correct was written by Mr. Pierre on August 29, 1995. Chairperson Asmus asked Mr. Sylvain when the edger had broken. Mr. Sylvain replied that it had broken yesterday. Mr. Pierre advised the Board the only problem was the lawn edging and grass growing over the sidewalk. Mr. Trumble stated that Mr. Sylvain had been before the Board before. Co -Chairperson Herrera moved for a finding of fact and conclusion of law that a violation exists to Section 10-1 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. Garber seconded the motion. A roll call vote was taken and the motion passed unanimously. • Code Enforcement Board Regular Meeting November 2, 1995 Page 3 6. Case No. 4647 Unauthorized construction/alterations 24 NW 102 Street Owner: Joanan Ellen 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 value; and on any remodeling or alteration job of any value; without first obtaining a permit therefor from the building department. Mr. Pierre stated this was a vacant, abandoned home which HUD repossessed. He passed a picture for the Board to review. He reported that the managing agent had tried to hire a contractor to repair the roof. Mr. Pierre had noticed that the roof was • badly damaged and not repaired properly. He contacted the building official who instructed the contractor to get an interim report prior to repairing the roof. As of this date, no interim report had been received and, therefore, no permit had been issued. Co -Chairperson Herrera 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 shall be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Garber seconded the motion. The motion passed unanimously. 7. Case 4662 Unsightly fascia, soffit, house exterior 87 NW 100 Street Owner: Cookies & Crackers Corp. 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. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. • • • Code Enforcement Board Regular Meeting November 2, 1995 Page 4 Mr. Pierre stated that the house exterior needed painting. He passed a picture for the Board to review. Mr. Pierre said a letter had been received from the owner, Mr. Isaac Gomez, stating that he had been having problems with his tenant who was occupying the property on a lease -purchase agreement. The tenant was unwilling to close on the property until the repairs were made. Co -Chairperson Herrera moved for a finding of fact and conclusion of law that a violation exists to Section 12-133 of the Miami Shores Village Code and that an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $30 a day fine shall be levied. Mr. Sidow seconded the motion. The motion passed unanimously. 8. Case 4667 Weathertight and watertight structures 138 NW 106 Street Owner: Armand F. Yvel Tenant: Michael McCray 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 the roof was not weathertight or watertight. He passed a picture for the Board to review. He reported that Mr. Yvel is asking for a continuance as he is trying to secure financing. Mr. Pierre passed a letter from Mr. Yvel to the Board for review. [Another violation at this location was also pending at this Board meeting.] Mr. Pierre reported that a permit had not been pulled yet. Mr. Garber ask if there was a reason not to give the continuance. Chairperson Asmus asked Mr. Pierre when the first violation notice was given. Mr. Pierre stated it was August 30, 1995 and then September 12, 1995. Mr. Yvel 'told Mr. Pierre at that time that he was trying to secure financing. Chairperson Asmus stated he would not approve a continuance. • Code Enforcement Board Regular Meeting November 2, 1995 Page 5 Co -Chairperson Herrera 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 be assessed. If the violation is not corrected within 30 days, a $40 a day fine shall be levied. Mr. Garber asked if anyone knew the owner or knew about his financial circumstances. Chairperson Asmus assured Mr. Garber that financial circumstances meant nothing. The Board had heard all kinds of stories of why violations could not be taken care of. This was an absentee landlord who was responsible to maintain his property regardless if it was leased or vacant. Mr. Sidow seconded the motion. The motion passed unanimously. 9. Case 4686 Weathertight and watertight structures 1096 NE 97 Street Owner: Maria Nardo-Martin 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. Trumble requested a dismissal as all the tiles had been properly placed. Mr. Sidow moved for dismissal. Co -Chairperson Herrera seconded the motion. The motion passed unanimously. 10. Case 4702 Unsightly fascia, soffit, house exterior 153 NW 96 Street Owner: Margart Menardy 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. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. • Code Enforcement Board Regular Meeting November 2, 1995 Page 6 Mr. Pierre requested a dismissal as a permit had been issued on October 27, 1995. Co -Chairperson Herrera moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. 11. Case 4707 Hedge/fence beyond height limitations 925 NE 92 Street Owner: Xose F. Alvarez -Alfonso Section 518(a). Fences, walls and hedges. Fences, walls and hedges may be located within any yard, including the margining thereof, subject to the following requirements: (1) maximum height: five (5) feet in any required front yard facing US Highway No. 1 and three and one-half (3 1/2) feet in any required front yard elsewhere; in any required side yard or rear yard, five (5) feet. Mr. Trumble read a letter to Mr. Benton from Mr. Alvarez -Alfonso requesting a continuance. Mr. Benton and Mr. Nelson were requesting a 60 day continuance. Mr. • Sidow moved for a continuance. Mr. Garber seconded the motion. The motion passed unanimously. 12. Case 4716 Maintaining a nuisance 138 NW 106 Street Owner: Armand F. Yvel Tenant: Michael McCray 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 the same house as Case 4667 previously reviewed. The nuisance was the septic tank. He passed a picture for the Board to review. Mr. Yvel was requesting a continuance for this problem also. Co -Chairperson Herrera moved for a finding of fact and conclusion of law that a violation exists to Section 10-5 of the Miami Shores Village Code and that an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, • a $75 a day fine shall be levied. Mr. Sidow seconded the motion. Co -Chairperson Herrera stated his reason for levying the $75 a day fine was because this septic tank • Code Enforcement Board Regular Meeting November 2, 1995 Page 7 violation was a health hazard. He recommended that HRS visit the property as soon as possible. Chairperson Asmus asked if the Board could give a 15 day limit instead of 30 days. Mr. Trumble stated this could be done. He also stated he did not feel this violation was a health hazard as the property was vacant and there was no present leakage from the tank. Mr. Pierre stated Mr. Yvel was negotiating with the septic tank contractor because the work was not done properly. Chairperson Asmus advised that even though the property was vacant rain could cause substances to rise out of the septic tank as they were not self -emptying. Mr. Sidow moved to amend Co -Chairperson Herrera's motion to state 15 days instead of 30 days. Co -Chairperson Herrera accepted Mr. Sidow's amendment to his motion. The motion passed unanimously. Mr. Garber opposed the motion to assess an administrative fee of $180 and a $75 a day fine if not corrected within 15 days. Chairperson Asmus, Co -Chairperson Herrera and Mr. Sidow were in favor of the motion. The motion passed 3 to 1. NEW BUSINESS: 13. Code Enforcement Board Member Absenteeism Chairperson Asmus stated that he wanted the following on record for all Board members to read prior to the next meeting. He advised there has been a high level of absenteeism at the Code Enforcement Board Meetings. Chairperson Asmus noted that the members were volunteers and no one was getting paid to attend. He stated that one of the meetings had to be canceled due to a lack of a quorum, and this was the first time in his 13 years of being on the Board that this had happened. He said he was very concerned with this absenteeism and reported the following percentages: Out of the last 12 meetings, Ms. Burch had missed 50% of the meetings , Mr. Harke had missed 38% of the meetings, Mr. Hegedus had missed 25% of the meetings, Chairperson Asmus had missed 16% of the meetings, Mr. Sidow had missed 8% of the meetings, and Co -Chairperson Herrera had missed 0% of the meetings. Co - Chairperson Herrera had been present at every meeting called. Chairperson Asmus noted that Mr. Sidow had not been on the Board for a very long time, but he urged him to work around his schedule to be available for this one evening a month. The time slot had been changed to 6:30 P.M. so that anyone with an evening engagement would be able to come to the meeting and still make his or her engagement. Chairperson Asmus advised that the Board would be setting up By-laws, and these By-laws would state that lack of attendance would be reason for a Board member • • • Code Enforcement Board Regular Meeting November 2, 1995 Page 8 to be removed. The member will have no choice but to be removed. Continued absenteeism from any member will not be tolerated. Vacancies would be opened up for those who wish to make the commitment required. Chairperson Asmus stated that people coming to the Board meeting to have their case heard and then having it postponed because of a lack of a quorum was very inappropriate. It portrayed to the community that this Board was not serious or did not mean business with its code enforcements. Chairperson Asmus reported that he would draft the By-laws and present them to Mr. Nelson, Mr. Couzzo, and the Village Council. The By-laws will not be presented to the Board members for their approval. He stated that no one was drafted into being a Code Enforcement Board member, but rather each member personally applied for the position. If members find this is something they do not want to do, they should express that fact and leave. Chairperson Asmus advised that he had been on the Board for 13 years. He knew full well the job of this Board was not fun, but it was a dire necessity in the Village and each year it became increasingly so. This Board needed to keep watch over the community and not allow property values to plummet because no one cared enough to donate an hour or two a month to this cause. Chairperson Asmus stated that the Code Enforcement Board was second only to Planning and Zoning in importance to Miami Shores. He believed this Board had been used by many people as a stepping stone to get into the Village Council. And, if this be the case, attendance records should be required. Chairperson Asmus wanted the Board to know that even though Mr. Caldwell was no long a member of this Board, he had missed only one meeting. He had been dependable as is Mr. Herrera who, again, has not missed a single meeting. ADJOURNMENT Mr. Sidow moved to adjourn. Co -Chairman Herrera seconded the motion. The motion passed unanimously. The meeting adjourned at 8:10 P.M. Carol Ann Ragon tart'