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04-04-1996 Regular Meeting• r • CODE ENFORCEMENT BOARD REGULAR MEETING MIAMI SHORES VILLAGE April 4,1996 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, April 4, 1996, at Miami Shores Village Hall. The meeting was called to order at 6:30 P.M. Present Absent Also Present Barry Asmus, Chairperson Prospero G. Herrera, II, Vice Chairperson Margaret Burch, Member John Sydow, Member Douglas Garber, Member John A. Patnik, Jr., Member Ivor Hegedus, Member William Nelson, Code Compliance Director Richard Trumble, Senior Code Enforcement Officer Amos Pierre, Code Enforcement Officer Mark S. Ulmer, Esq., Village Attorney I. APPROVAL OF MINUTES A. Regular Meeting Minutes of March 7,1996 Ms. Burch moved to approve the Minutes. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. 13. Special Meeting Minutes of March 18,1996 Ms. Burch moved to approve the Minutes. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. II. HEARING A. Case No. 4921 Unlawful Roofing Materials 1059 NE 104 Street Owner: William L. McCausland 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 • • • Code Enforcement Board Meeting Apnl4, 1996 Page Two 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) thnc►t sitt or variegated slate. Officer Trumble stated the violation was for an expired roofing permit issued in 1993. The roof has not been completed. Mrs. McCausland gave testimony stating she had been having a problem in getting the roofing tiles to finish the job and had encountered financial difficulties. Chairperson Asmus stated Mrs. McCausland must get a new permit immediately and the roof finished within 30 days. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 225 of the Miami Shores Village Code and an administrative fee of $180.00 be assessed. If either the permit is not pulled within 6 days and and/or the work completed within 30 days, a $25.00 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. B. Case No. 4840 Unlawful Roofing Materials 10828 NW 2 Avenue Owner Maxine Cleare 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. Officer Pierre stated the violation was for the garage roof not having tiles. He said the owner advised him she had a contractor pull the permit but there was no record of the permit being pulled nor could Ms. Cleare produce a copy. Ms. Cleare and the contractor were advised to attend the Board meeting but were not present. Mr. Nelson advised Code Enforcement was considering police action against this contractor. Officer Pierre stated he advised Ms. Cleare to call the Department of Professional Regulation concerning the roofer. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists tn Section 225 of the Miami Shores Village Code and that an administrative fee of $180.00 be assessed. If the violation is not corrected within 30 days, a $25.00 a day fine shall be levied. Mr. Garber was concerned that Ms. • • Code Enforcement Board Meeting Apn7 4, 1996 Page Three Cleare needed time to find another roofer and might have a problem since the job was only for tiling a small garage roof. Mr. Patnik seconded the motion. The motion passed 5-1. Mr. Garber opposed the motion. C. Case No. 4881 Unauthorized Construction/Alterations 93 NW 97 Street Owner: Harry Axelrod Tenant Margarita Diaz 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. Staff recommended dismissal. Ms. Burch moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. D. Case No. 4897 No Alarm Permit 52 NW 99 Street Owner: Paulo Manso De Sousa Section 3-171. No Alarm Permit Failure to obtain permit. Obtain permit from Police Department and bring copy to Code Enforcement Department. Staff recommended dismissal. Vice Chairperson Herrera moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. E. Case No. 4898 No Alarm Permit 71 NW 93 Street Owner: John E. Dixon • Section 3-171. No Alarm Permit • • • Code Enforcement Board Meeting April 4, 1996 Page Four Failure to obtain permit. Obtain permit from Police Department and bring copy to Code Enforcement Department. Officer Trumble stated Code Enforcement had notified the homeowner on several occasions of the violation. Homeowner has made no attempt to comply. Vice Chairperson Herrera moved for a finding of fact and conclusion of law that a violation exists to Section 3-171 of the Miami Shores Village Code and an administrative fee of $180.00 be assessed. If the violation is not corrected within 30 days, a $25.00 a day fine shall be levied. Mr. Patnik seconded the motion. Mr. Sydow recommended the motion be changed to only give 15 days to comply before applying a daily fine. Vice Chairperson amended his motion to state that the violation must be corrected within 15 days or a $25.00 a day fine shall be levied. Mr. Patnik accepted the amendment. The motion passed unanimously. F. Case No. 4895 No Alarm Permit 289 NW 91 Street Owner. Prince and Patricia Manley Section 3-171. No Alarm Permit Failure to obtain permit. Obtain permit from Police Department and bring copy to Code Enforcement .Dep +rtment. Officer Trumble reported the homeowners had been notified verbally and in writing of the violation. No permit had been pulled. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 3-171 of the Miami Shores Village Code and an administrative fee of $180.00 be assessed. If the violation is not corrected within 15 days, a $25.00 a day fine shall be levied. Mr. Garber seconded the motion. The motion passed unanimously. G. Case No. 4902 No Alarm Permit 548 Grand Concourse Owner. David S. Robinson Section 3-171. No Alarm Permit Failure to obtain permit. Obtain permit from Police Department and bring copy to Code Enforcement Department. • Code Enforcement Board Meeting Apn14, 1996 Page Five Officer Trumble stated the homeowners had been notified by certified mail. No permit had been obtained. Mr. Garber moved for a finding of fact and conclusion of law that a violation exists to Section 3-171 of the Miami Shores Village Code and an administrative fee of $180.00 be assessed. If the violation is not corrected within 15 days, a $25.00 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. H. Case No. 4912 Unsightly Fascia, Soffit, House Exterior 82 NW 98 Street Owner: Ian Aiken 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. • Staff recommended dismissal. • Ms. Burch moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. I. Case No. 4920 Unlawful Roofing Materials 1029 NE 104 Street Owner: Ruth Wiesen 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 facies 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. Officer Trumble stated there were no tiles on the roof. The permit had been pulled in July 1995. The homeowner was notified by certified mail and no attempts had been made to comply. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 225 of the Miami Shores Village Code and an • Code Enforcement Board Meeting April 4, 1996 Page Six administrative fee of $180.00 be assessed. If either the permit is not pulled within 6 days and and/or the work completed within 30 days, a $25.00 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. J. Case No. 4922 General Unsightliness 9450 NE 2 Avenue Owner. James M. Breeding Estate Tenant: Miami Shores Diner 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. Nelson reported he had received a telephone call on behalf of Mrs. Breeding that she could not attend the Board meeting as she was in the hospital. Officer Trumble stated the tenant had promised to comply within a week. The grounds remain unsightly. Mr. Garber 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 $180.00 be assessed. If the violation is not corrected within 7 days, a $25.00 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. III. OLD BUSINESS Code Enforcement Board Rules and Regulations Chairperson Asmus recommended the Board review the drafted Rules and Regulations. The Board, together with Village Attorney Ulmer, discussed the Rules and Regulations and the Board was in agreement that the following changes should be made: 1. Article IV, Election of Officers; Section 1 This Section shall be changed to read as follows: "Nomination of officers shall be made from the floor at the Board meeting in the month of October of each year. The • • Code Enforcement Board Meeting April 4, 1996 Page Seven election shall be held immediately thereafter provided, however, that no term of office shall become effective until the time of the next regular meeting." 2. Article VI, Meetings; Section 4, Attendance; Paragraph a This paragraph shall be changed to read as follows: "A member shall promptly notify the Code Enforcement Board Chairperson if an attendance conflict arises and the member cannot attend any scheduled regular and/or special meeting. Upon the meeting at which a member does not attend, the Board shall vote in an advisory capacity if the reason and notice given by the member are justified and the Chairperson shall act accordingly. If it should be necessary for the Chairperson to be absent from a meeting, the Chairperson shall follow the same notification process except that the notification will be addressed to the Code Enforcement Board Vice Chairperson." 3. Article VIII, Hearings; Section 1, Paragraph C: This paragraph shall be changed to read as follows: "The Village shall present its case through its director or his designee, and the alleged violator shall then present his/her case. Both parities will have an opportunity to cross-examine all witnesses." 4. Article X The current Article X, Miscellaneous, shall be changed to become Article XI, Miscellaneous. The new Article X, Amendments, shall read as follows: "Amendments to the Code Enforcement Board Rules and Regulations may be made by majority vote." Chairman Asmus recommended the changes be made to the Rules and Regulations and resubmitted for Board review and/or approval at the next meeting. • • • Code Enforcement Board Meeting Aptil4, 1996 Page Eight The Board discussed what would constitute a member's "excused absence." It was determined excused absences could be one or more of the following: a business commitment, vacation, personal illness, illness in the family, or death in the family. Chairman Asmus asked Mr. Nelson to advise the Board a month in advance of any member's vacation so that the remaining members would be sure to attend that month's meeting so that a quorum would be reached. Mr. Nelson stated he would comply. IV. NEW BUSINESS There was no new business. V. ADJOURNMENT Chairman Asmus adjourned the meeting at 7:50 P.M. Respectfully submitted, Carol Ann Ragone, Sec