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03-07-1996 Regular Meeting• • CODE ENFORCEMENT BOARD REGULAR MEETING MIAMI SHORES VILLAGE March 7, 1996 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, March 7, 1996, at Miami Shores Village Hall. The meeting was called to order at 6:30 P.M by Vice Chairman Herrera. Present: Also Present: Barry Asmus, Chairperson Prospero G. Herrera, II, Vice Chairperson Margaret Burch, Member Ivor Hegedus, Member John Sydow, Member Douglas Garber, Member William Nelson, Code Compliance Director Richard Trumble, Senior Code Enforcement Officer Mark S. Ulmer, Esq., Village Attorney I. OPENING STATEMENT Vice Chairperson Herrera read the Opening Statement and announced the Board would hear with cases which had a representative present first. The remaining cases would be heard in the order they were listed on the Agenda. II. APPROVAL OF MINUTES Ms. Burch moved to approve the Minutes of February 1, 1996. Mr. Hegedus seconded the motion. The motion passed unanimously. III. HEARING 1. Case No. 4818 Unauthorized construction/alterations 10545 NE 3 Court Owner: Brunel and Marie Dominique 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. • Code Enforcement Board Meeting March 7, 1996 Page Two Officer Trumble advised the violation was for unauthorized construction of a planter placed in the driveway right-of-way. Mr. Dominique stated the planter in the driveway was there when he purchased the house. All he did was try to beautify it, and he did not know a permit was needed. Mr. Nelson reported a major portion of the planter was redone with poured concrete without a permit and must be removed as it was an unauthorized structure in the right-of-way. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 6-4 of the Miami Shores Village Code and that an administrative fee of $180 shall be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. The motion passed unanimously. 2. Case No. 4863 Lack of Off -Street Parking 274 NW 93 Street Owner: Emmanie Antenor Schedule of Regulations - LSP. Lack of Off -Street Parking. Vehicles must be parked on driveway or other approved off-street parking area(s). Mr. Nelson reported this was a violation of soil deterioration due to improper parking of car. He advised Officer Pierre had told Ms. Antenor to either replace the sod and stop parking on the area, or to obtain a permit for approved off- street parking. Ms. Antenor stated she had moved the car as requested but no one told her she must re -sod the area. Mr. Hegedus moved for a finding of fact and conclusion of law that a violation existed to the Schedule of Regulations of the Miami Shores Village Code and an administrative fee of $180 shall be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Ms. Burch seconded the motion. After Board discussion, it was determined that miscommunication was apparent and the administrative fee should be waived. Ms. Hegedus rescinded his motion, and Ms. Burch rescinded her second. Mr. Hegedus moved for a finding of fact and conclusion of law that a violation existed to the Schedule of Regulations of the Miami Shores Village Code and, if the violation was not corrected with 30 days, a $25 a day fine shall be levied. Mr. Garber seconded the motion. The motion passed 4-1 (Chairman Asmus had not yet arrived). • • • Code Enforcement Board Meeting March 7, 1996 Page Three 3. Case No. 4864 Unauthorized storage of materials • 274 NW 93 Street Owner: Emmanie Antenor 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 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. Officer Trumble reported this was a violation of a yard cluttered with tires, batteries, bicycles, a toilet and other items. He had inspected the property today and some of the articles had been removed from the yard, but others remained. Ms. Antenor's tenant said no one had told her exactly what had to be removed from the yard other than the batteries and bicycles. Mr. Garber moved for a finding of fact and conclusion that a violation existed to Sections 501(k) and 10-1 of the Miami Shores Village Code and that the administrative fee of $180 be waived. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. The motion passed 3-2 (Chairman Asmus had not yet arrived). NOTE: Vice Chairperson Herrera passed the gavel to Chairman Asmus who had arrived. 4. Case No. 4800 General unsightliness 8700 Biscayne Boulevard Owner: Lawrence R. Dion 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. • • • Code Enforcement Board Meeting March 7, 1996 Page Four Mr. Nelson stated the general unsightliness had gone on for a long time. Mr. George Ganum, 630 North United Street, Key West, FL, representative for Mr. Dion, advised the property would be cleaned up and in compliance within 30 days. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 10-1 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 $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 5. Case No. 4797 Weathertight and watertight structures 8700 Biscayne Boulevard Owner: Lawrence R. Dion 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. Officer Trumble stated the aluminum roof had blown off and a roofing contractor had applied for a permit to put an aluminum roof back on but was denied as code required tiles on the roof. Mr. Ganum stated he was never advised tiles were required, but said he would have a roofer pull the permit within two weeks. Mr. Hegedus moved for a finding of fact and conclusion of law that a violation existed 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 $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 6. Case No. 4798 Unsightly fascia, soffit, house exterior 8700 Biscayne Boulevard Owner: Lawrence R. Dion 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 Meeting March 7, 1996 Page Five Mr. Nelson reported the fence was in a deteriorated condition and had been for two years. Mr. Ganum stated he had been having the property maintained. Officer Trumble advised a painting permit had been pulled, but the work was not yet completed. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed 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 $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 7. Case No. 4825 Weathertight and watertight structures 52 NW 111 Street Owner: Willie May Sapp 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. Officer Trumble reported he had inspected the property this morning and there were still missing tiles on the roof and a blue roof tarp was still covering a hole in the roof. Ms. Daulphin, tenant, stated she knew she needed a new roof but was unable to pay for it at this time. She had paid a roofer to fix the roof, but the roofer took her money and did not do the work. Ms. Daulphin stated she had just paid $13,000 to get her house out of bankruptcy. Mr. Nelson asked if staff could do an interior inspection of her home and check the electrical wiring to make sure the hole in the roof was not a hazard to those living in the house. Ms. Daulphin stated he could. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 12-128 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. Garber seconded the motion. The motion passed 5-1. 8. Case No. 4879 Violation of Schedule of Regulations 9600 NE 2 Avenue Owner: Henry Everett Tenant: Mosin Jaffer, M.D. • • • Code Enforcement Board Meeting March 7, 1996 Page Six Mr. Nelson reported Mr. Everett had been notified to have plans and/or specifications submitted to Planning and Zoning for a new building front facade within 90 days at a Planning and Zoning Meeting held October 1995. To date, this had not been done. Village Attorney Ulmer stated that at the October 1995 Planning and Zoning Meeting, it was determined that a permit could be pulled for demolition of the front facade with submission of plans for the new front within 90 days to Planning and Zoning. Mr. Gene Perry, property manager, and Mr. Franklin Grau, architect, were present as representatives for Mr. Everett. Mr. Perry advised this project was extensive as well as expensive and asked for a little more time. Mr. Grau showed the Board a sketch he had done reflecting the proposed new facade. He said it would be at least 30 days before he could have the plans to Planning and Zoning for review. Village Attorney Ulmer recommended Mr. Grau get plans of the sketches he brought with him tonight to Building and Zoning immediately as their 90 day time limit had expired, they were in violation, and this Board could not solve the problem for them. Mr. Garber moved for a finding of fact and conclusion of law that a violation existed to Section 270 of the Miami Shores Village Code and that an administrative fee of $180 be assessed. If the violation was not corrected within 30 days, a $50 a day fine shall be levied. Ms. Burch seconded the motion. The motion passed 4-2. 9. Case No. 4812 Unauthorized construction/alterations 117 NW 94 Street Owner: Jules Raphael 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. Raphael stated an inspector came to his house after he had painted it asking for a permit. He said he did not know a permit was required as he repainted the house the same color. Mr. Nelson advised a homeowner could not be exempt from a permit just because he painted his house the same color. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 6-4 of the Miami Shores Village Code and that the administrative fee be waived. If the violation is not corrected within 10 days, a $25 a day fine shall be levied. Mr. Garber seconded the motion. The motion passed unanimously. • • • Code Enforcement Board Meeting March 7, 1996 Page Seven 10. Case No. 4845 Unsightly fascia, soffit, house exterior 42 NW 106 Street Owner: Mildred Armstrong 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. Mr. Nelson reported the vacant house was badly in need of pressure cleaning, removal of mildew, and repainting. Mr. Doug Musselwhite, Ms. Armstrong's nephew, said he was willing to do the work and had not due to his work schedule, caretaking of two elderly relatives and shortage of funds. Mr. Nelson asked the Board for consideration in assessing an administrative fee because the violation involved an elderly lady. Mr. Musselwhite stated the work would begin when he returned from a business trip on March 19. Mr. Hegedus moved for a finding of fact and conclusion of law that a violation existed to Section 12-133 of the Miami Shores Village Code and an administrative fee of $180 shall be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Sydow seconded the motion. The motion passed 4-2. 11. Case No. 4813 Unsightly fascia, soffit, house exterior 133 NW 94 Street Owner: Thomas O'Connell Staff requested dismissal. Ms. Burch moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 12. Case No. 4815 Unsightly fascia, soffit, House exterior 9490 NW 1 Avenue Owner: Eddie Lewis 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 Meeting March 7, 1996 Page Eight Mr. Nelson stated the several attempts made by staff to notify the owner of the violation. The house was badly in need of exterior work. To date, the owner had not acknowledged certified correspondence from staff. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 12-133 of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Garber seconded the motion. The motion passed unanimously. 13. Case No. 4821 Unsightly fascia, soffit, house exterior 52 NW 99 Street Owner: Paulo Manso de Sousa 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. Officer Trumble passed a picture to the Board. To date, the violation was not in compliance. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 12-133 of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Garber seconded the motion. The motion passed unanimously. 14. Case No. 4822 Unsightly fascia, soffit, house exterior 190 NW 98 Street Owner: Flossie L. Haynes Staff requested dismissal. Ms. Burch moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. 15. Case No. 4830 Unsightly fascia, soffit, house exterior 30 NW 100 Terrace Owner: Martin E. Klinkenberg • • Code Enforcement Board Meeting March 7, 1996 Page Nine 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. Mr. Nelson stated Mr. Klinkenberg continues to promise to fix up the exterior of his home. To date, no repairs have been made. Mr. Garber moved for a finding of fact and conclusion of law that a violation existed to Section 12-133 of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 16. Case No. 4833 Unsightly fascia, soffit, house exterior 82 NW 102 Street Owner: Steven Evans 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. Officer Trumble reported no attempts had been made to bring the house into compliance. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to Section 12-133 of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. The motion passed unanimously. 17. Case No. 4835 Unsightly fascia, soffit, house exterior 133 NW 103 Street Owner: Maximina Duran 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 Meeting March 7, 1996 Page Ten Officer Trumble reported no attempts had been made to bring the house into compliance. Mr. Garber moved for a finding of fact and conclusion of law that a violation existed to Section 12-133 of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 18. Case No. 4828 Unsightly fascia, soffit, house exterior 190 NW 100 Street Owner: Virginia F. Turner Staff requested dismissal. Vice Chairperson moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. 19. Case No. 4844 Unsightly fascia, soffit, house exterior 30 NW 106 Street Owner: Genevieve Patten Staff requested dismissal. Mr. Garber moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 20. Case No. 4860 Failure to obtain an occupational license 9620 NE 2 Avenue, #209 Owner: Allied Cleaning Co. of Fla. Inc. Tenant: Henry A. Everett Staff requested dismissal. Ms. Burch moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 21. Case No. 4861 Hedge/fence beyond height limitations 548 Grand Concourse Owner: David S. Robinson • • • Code Enforcement Board Meeting March 7, 1996 Page Eleven 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. Officer Trumble stated he had received several complaints about the hedge being too tall and not allowing drivers propervisibility-whenmaking turns in their cars. Mr. Garber moved for a finding of fact and conclusion of law that a violation existed to Section 518(a) of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 22. Case No. 4866 Commercial vehicle in residential zone 39 NW 101 Street Owner: Gertha Pierre Schedule of Regulations - CVR. Commercial Vehicle in Residential Zone. Parking a truck, frailer, or commercial type vehicle in a residential area is prohibited. Commercial type vehicles must be parked within a garage (if 3/4 ton or less) or removed from the premises Officer Trumble stated the car had not been moved. Since it had a flat tire, it was inoperable as well. Mr. Hegedus moved for a finding of fact and conclusion of law that a violation existed to the Schedule of Regulations of the Miami Shores Village Code and an administrative of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 23. Case No. 4874 Unsightly fascia, soffit, house exterior 29 NW 110 Street Owner: Andre Homere and Marie Louis Tenant: Serge Jean Baptiste 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 Meeting March 7, 1996 Page Twelve Officer Trumble asked the Board to consider a higher fine. This was an out of town owner who had been in violation several times in the past. Ms. Burch moved for a finding of fact and conclusion of law that a violation existed to the Section 12-133 of the Miami Shores Village Code and an administrative of $180 be assessed. If the violation was not corrected within 30 days, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 24. Case No. 4877 Unauthorized construction/authorization 10550 NE 2 Place Owner: Eugenio Gonzalez Staff requested dismissal. Mr. Garber moved for dismissal. Member Burch seconded the motion. The motion passed unanimously. 25. Case No. 4880 General unsightliness 9101 Biscayne Boulevard Owner: Thomas T. Lin and Lishueh Lin Tenant: Hacienda del Ferdinand Motel Staff requested dismissal. Mr. Garber moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. IV. NEW BUSINESS Code Review Committee Village Attorney Ulmer stated that the Village Council held a workshop together with Building and Zoning and appointed a Code Review Committee. This committee would investigate the possibilities of redrafting the Building and Zoning Code as well as some provisions of the Miami Shores Village Code. The Village Attorney asked the Board to spend time thinking about any changes, additions and/or deletions they would like to have implemented in the Village Code and discuss these at the next meeting. These items would be submitted to Council for their consideration in the Code Review process. He suggested the Board thoroughly review the administrative fee charged for violations to determine if different administrative fees should be charged for different • • Code Enforcement Board Meeting March 7, 1996 Page Thirteen degrees of violations. Mr. Nelson suggested the Board hold a workshop. A tentative date of Monday, March 18, 1996, at 7:00 P.M. was scheduled. V. ADJOURNMENT Ms. Burch moved for adjournment. Vice Chairperson Herrera seconded the motion. The meeting adjourned at 9:05 P.M. (esr9--)., ta Carol Ann Ragone, ry