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05-02-1996 Regular MeetingCODE ENFORCEMENT BOARD • MIAMI SHORES VILLAGE, FLORIDA • • RULES AND REGULATIONS May 2, 1996 ARTICLE I NAME The name of this Board shall be the "Code Enforcement Board of Miami Shores Village, Florida." ARTICLE Il JURISDICTION The Board has jurisdiction over those matters which are set forth in Chapter 2 of the Code of Ordinances of Miami Shores Village, Florida, and in Chapter 162, Florida Statutes. ARTICLE III OFFICERS AND THEIR DUTIES Section 1: The officers shall be a Chairperson and a Vice Chairperson. Section 2: The Chairperson shall preside at all meetings and hearings of the Board and shall have the duties normally conferred at parliamentary usage of such officers. Section 3: The Chairperson shall be one of the members of the Board. The Chairperson shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4: The Vice Chairperson shall act in the absence of the Chairperson. ARTICLE IV ELECTION OF OFFICERS Section 1: Nomination of officers shall be made from the floor at the Board Meeting in the month of October of each year. The election shall be held immediately thereafter provided, however, that no term of office shall become effective until the time of the next regular meeting. • • • Code Enforcement Board Rules and Regulations Page Two Section 2: A candidate receiving a majority vote shall be declared elected and shall serve a term of one year until a successor shall take office. Section 3: Vacancies in office shall be filled immediately by regular election procedure. ARTICLE V VILLAGE SUPPORT STAFF Se 1: The Village Support Staff shall be present at all meetings, and shall be hereinafter referred to as Staff. Staff shall serve the Code Enforcement Board by: ensuring notification of meetings and hearings, formulating meeting agendas/minutes, creating/preserving hearing case files, swearing in witnesses, reading cases into record, receiving evidence, preparing and attesting to Orders, and ensuring notification of findings. Staff shall record all proceedings before the Board. Staff will ensure Board vacancies are timely filled and inquiries made by the Board are timely answered. Staff may perform other support functions as requested by the Chairperson. ARTICLE VI MEETINGS Section I: Regular Meetings: a. Regular meetings shall be held at least once every month. The Board may set meetings more frequently if necessary. b. The Board may, at any properly noticed hearing, set a future hearing date. c. Code Enforcement Board regular meetings shall be open to the public. Section 2: Special Meetings: a. Special meetings may be called by the Chairperson, or by any three Board members, upon written notification to the Staff at least seventy-two (72) hours in advance of the meeting when possible. • • • Code Enforcement Board Rules and Regulations Page Three b. Code Enforcement Board special meetings shall be open to the public. Section 3: Notice of Meetings: Notice of regular meetings shall be given to Board Members ten (10) days in advance of each meeting, and notice of special meetings shall be given to Board Members seventy-two (72) hours in advance of the meeting, when possible. Section 4: Attendance: a. A member shall promptly notify the Code Enforcement 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 Vice Chairperson. b. If a member misses two (2) out of any three (3) consecutive meetings, the member shall forfeit his or her appointment, and his or her office shall be declared vacant. In the event a member misses twenty-five percent (25%) of the previous twelve (12) meetings, the Board may recommend to the Village Council that such member be removed from the Board. c. The attendance records of each Board member will be maintained by Staff and reviewed periodically to determine the attendance status of each Board member. The name of any member at risk of forfeiting his or her appointment will be immediately submitted to the Board. These records will be made available prior to reappointment to the Code Enforcement Board or to any other Miami Shores Village Board. • • • Code Enforcement Board Rules and Regulations Page Four Section 5: Quorum: Section 6: A quorum of the Board shall consist of four (4) members, and an affirmative vote of a majority of those present shall be necessary to pass any motion or adopt any order. All officials actions of the Board shall be by a vote of a minimum of four (4) member. Role Call Vote: a. Voting shall be by voice vote and shall be recorded by individual "aye" or "nay." b. Each member present shall cast an "aye" or "nay" vote on each question before the Board, except that no member may vote on any matter which presents a conflict of interest, as defined by law. Section 7: Open Records: Records of Code Enforcement Board meetings, both regular and special, shall be open for inspection by the public. Section 8: Parliamentary Procedure: Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Section 9: Ex Parte Contacts: No member shall knowingly have any substantive communication with any member of Staff or with any alleged violator relating to the merits of any matter pending or expected to come before the Board. In the event any Board member discovers that he or she has had such ex parte communication, that member shall, when the matter comes before the Board, state, on the record, the substance of the communication and whether, and to what extent, if any, the communication has had upon the ability of that Board member to make an unbiased decision. • • Code Enforcement Board Rules and Regulations Page Five Section 10: Communication with Other Board Members: No Board member may discuss any matter of the business of the Board with any other Board member, except at a public hearing. ART !CLE Vtl ORDER OF BUSINESS Section 1: The Order of Business for Code Enforcement Board meetings, both regular and special, shall be as follows: Section 2: a. Call to order b. Introductory statement c. Approval of Minutes d. Swearing In of Witnesses e. Hearing of Cases f. New Business g. Adjournment After Items a through d are completed, the remainder of the Order of Business may be suspended by the Board in order to allow the cases of alleged violators or complaining witnesses who are present to be heard first. ARTICLE VIII HEARINGS Section 1: The following procedures will be observed in cases/hearings before the Code Enforcement Board: a. The Code Enforcement Board Chairperson shall read the case into the record. b. All witnesses shall be sworn in by Staff. • • • Code Enforcement Board Rules and Regulations Page Six c. The Village shall present its case through its director or his/her designee, and the alleged violator shall then present his/her case. Both parties will have an opportunity to cross-examine all witnesses. d. The alleged violator shall have the right, if he/she wishes, to contest the charges. (If the alleged violator is not present, and the Board determines that he/she was properly notified with the Notice of Violation, then the hearing may proceed in the absence of the alleged violator.) e. The Board, its Attorney, or Staff may question any witness or call any witnesses. f. The right of parties to present rebuttal evidence is discretionary with the Board. g. At any time during the proceeding, the Board may, for good cause, continue a case to another scheduled meeting date and may request further information from either party. h. If proceedings in a case are interrupted by a recess, at the time the proceedings reconvene only those Board members present from the beginning of that case proceeding may participate in the deliberations and decision-making process. NOTE: This requirement may be waived with the consent of both parties. i. Upon completion of all the evidence, the Chairperson shall close the case hearing. J• The Board shall immediately deliberate in open session before the public. The Board may only consider the evidence which is presented at the case hearing and that both parties have had an opportunity to rebut before reaching their decision. k. The Board shall orally issue an Order which is approved by a majority vote. The Order shall contain findings of fact and conclusions of law and state the decision of the Board. • • Code Enforcement Board Rules and Regulations Page Seven 1. The Staff shall reduce said Order to writing and shall mail a copy of said Order to the respondent. NOTE: When Orders are completed, the Staff shall request signature by the Board Chairperson. The Staff shall attest to all Orders of the Board. ARTICLE IX ENFORCEMENT After an Order finding a violation has been issued by the Board and a scheduled date of compliance has been ordered, it shall be the responsibility of the respondent to request the designated Village Official to make an inspection to determine if the violation has been corrected. ARTICLE X AMENDMENTS Amendments to the Code Enforcement Board Rules and Regulations may be made by majority vote. ARTICLE XI MISCELLANEOUS These Rules and Regulations may be altered in a manner not inconsistent with the Village Code and State law during a regular meeting by the affirmative vote of at least four (4) members of the Board, provided notice of the proposed change is given to the Board at a preceding regular meeting. Code Enforcement Board Rules and Regulations Page Eight THESE RULES AND REGULATIONS are hereby approved this Second day of May, 1996. Barry Asmus, Chairperson Current Term Expiration: September 1998 Prospero G. Herrera, II, Vice Chairperson Current Term Expiration: September 1998 Margaret Burch Current Term Expiration: September 1997 • Ivor R. Hegedus Current Term Expiration: September 1996 John Sydow Current Term Expiration: September 1996 Douglas Garber Current Term Expiration: September 1996 John A. Patnick, Jr. Current Term Expiration: September 1997 • CODE ENFORCEMENT BOARD REGULAR MEETING MIAMI SHORES VILLAGE, FLORIDA May 2,1996 A regular meeting of the Miami Shores Village Code Enforcement Board was held` on Thursday, May 2, 1996, at Miami Shores Village Hall. Chairperson Asmus called the meeting to order at 6:30 P.M. Present: Also Present: Barry Asmus, Chairperson Prospero G. Herrera, II, Vice Chairperson Margaret Burch, Member Ivor Hegedus, Member John Sydow, Member Douglas Garber, Member John A. Patnik, Jr., 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 Vice Chairperson Herrera moved to approve the Minutes of April 4, 1996. Ms. Burch seconded the motion. The motion passed unanimously. II. HEARING Case No. 4993 Weathertiight and watertight structures 10916 NW 2 Avenue Owner. Loris V. Bartlett Staff requested dismissal. Vice Chairperson Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 4929 Unsightly fascia, soffit, house exterior 29NE96Street Owner. Ulric H. Francis • • Code Enforcement Board Regular Meeting May 2, 1996 Page 2 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 Pierre reported no painting permit had been obtained and no one was present to give testimony. Ms. Burch 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 $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4943 Maintenance of nondwelling structures and fences 29 NE 97 Street Owner. Ulric H. Francis Staff requested dismissal. •Ms. Burch moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. • Case No. 4925 Lack of off street parking 30 NE 97 Street Owner: Javan Thompson Schedule of Regulations - Lack of Of Street Parking Vehicles must be parked on driveway or other approved off-street parking area(s). Officer Pierre reported cars were constantly parked in swell area causing destruction of the grass. No actions has been taken and no one was present to give testimony. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to the Schedule of Regulations of Miami Shores and an administrative fee of $180 shall be levied. If improvement is not started within 14 days, a $25 a day fine shall be levied. Case No. 4915 Unsightly fascia, soffit, house exterior 10627 NE 10 Place • Code Enforcement Board Regular Meeting May 2, 1996 Page 3 Owner. Dixie Williams Section 12-133. Depredation 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 advised part of the violation had been corrected but no painting permit had yet been obtained. Mr. John Pace, currently residing at the property, stated he did not feel the house needed to be painted as it had been painted approximately three years ago. Pictures of the property showed peach/pink colored paint showing through white, peeling paint on the house. Mr. Pace advised he would get his maintenance man to attend to the problem within seven days. Mr. Hegedus 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 a permit is not pulled within 7 days and repairs done within the next 60 days, a $25 a day fine shall be levied until the violation is brought into compliance. Vice Chairperson Herrera seconded the motion. Discussion was held concerning proper notification of the violation. Ms. June Needham, 3300 Biscayne Boulevard, said she had signed for the notice of violation. Village Attorney Ulmer advised this motion must be rescinded as testimony had been given before the actual roll call vote. Mr. Hegedus rescinded his motion and Vice Chairperson Herrera rescinded his second. Mr. Hegedus 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 permit is not pulled within 7 days and/or the work not done within 60 days thereafter, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. Officer Trumble advised the Accounting Department could not accurately record a motion into the computer which had two parts as this one had. Mr. Hegedus rescinded his motion and Vice Chairperson Herrera rescinded his second. Mr. Garber 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 Code Enforcement Board Regular Meeting May 2, 1996 Page 4 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. A roll call vote was taken as follows: Mr. Patnik yes Mr. Garber yes Ms. Burch yes Vice Chair Herrera yes Mr. Hegedus yes Mr. Sydow yes Chairperson Asmus yes The motion passed, 7-0. Case No. 4981 Failure to obtain an occupational license 8801 Biscayne Boulevard, #103 Owner. John Militana Tenant Ed's Insurance Agency Section 14-17. Required; Hours for retail sales. No person shall, within the limits of the villag4 engage nor manage any business, occupation or profession without fust having paid the amount of license tax required by this chapter and without first having obtained a village occupational license tuerejore issued for an applying to the current occupational Iicense year, or fractional part thereof; during which such business, occupation or profession is commenced carried on or engaged in. Such occupational license shall be applied for and obtained before the commencement of any such business, occupation or profession, and annually thereafter on or before October 1 or eadh year as long as sudi business, occupation or profession Is carried an. Provided, nevertheless, that the retail sale of consumer goods between the hours of 1:00 a.m. and 6:00 a.m. is prohibited Mr. John Militana and Mr. Ed Fabre, tenant, were present to give testimony. Mr. Nelson stated the violation was for operating a bail bond service in Miami Shores which Mr. Fabre had been doing through his insurance agency. Mr. Militana said he had leased the office to Mr. Fabre as an insurance office. Mr. Fabre advised when he was cited, he came into compliance. He stated he was currently writing bail bonds out of his Pompano Beach office only. Officer Pierre reported he had called Mr. Fabre's office on April 30, 1996, asking for a bail bond and was quoted the fee and told to come into the office. Since he did not know of the Pompano Beach office, nor was he told of same, he assumed he was to go the office in Miami Shores for his bail bond. Mr. Militana claimed he told Mr. Fabre several months ago that a bail bond service was prohibited in Miami Shores. The Board asked that Mr. Fabre take his bail bond advertising out of the • telephone book's White and Yellow Pages so it would not appear in the 1996/97 • • • Code Enforcement Board Regular Meeting May 2, 1996 Page 5 edition and all other places where he advertised this service with a Miami Shores address, including his business cards. Mr. Nelson asked for a formal letter from Mr. Fabre stating the actions taken. He said he would comply. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 14-17 of the Miami Shores Village Code and that an administrative fee of $180 be assessed. If the violation is not corrected immediately with a notarized letter, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. Mr. Garber asked what "immediately" meant Ms. Burch rescinded her motion. Mr. Hegedus rescinded his second. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 14-17 of the Miami Shores Village Code and that an administrative fee of $180 be assessed. If a notarized Ietter indicating the steps taken to correct the violation is not received within 7 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. A roll call vote was taken and the motion passed unanimously. Case No. 4926 Unauthorized storage of materials 30 NE 97 Street Owner. Javan Thompson Staff requested dismissal. Ms. Burch moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4939 General unsightliness 17 NE 105 Street Owner. Mary Star Section 10-1. Property to be maintained in safe, clean and sightly condition It stall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property in a safr, dean 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 Pierre reported the violation was for high grass, the owner had been notified and the violation had not been corrected. The owner was not present Code Enforcement Board Regular Meeting May 2, 1996 Page 6 Vice 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 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. The motion passed unanimously. Case No. 4933 Unsightly fascia, soffit, house exterior 20 NE 104 Street Owner. Francine Pierre Louis Staff requested dismissal. Vice Chairperson Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 4935 Unsightly fascia, soffit, house exterior 76 NE 102 Street Tenant Charles Gursham Section 12-133. Depreciation of surrounding property The exterior of every structure shaII 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 whidt will have an adverse effect on adjacent premises. Officer Pierre reported the house needed painting, notice had been given and the violation had not been corrected. The tenant was not present to testify. Ms. Burch 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 $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4938 Unsightly fascia, soffit, house exterior 78 NE 101 Street Owner. Thelma J. Holmes Staff requested dismissal. • Code Enforcement Board Regular Meeting May 2, 1996 Page 7 • Vice Chairperson Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 4936 Unsightly fascia, soffit, house exterior 102 NE 103 Street Owner. Allison G. May Staff requested dismissal. Ms. Burch moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4952 Failure to maintain parkway 5 NE 105 Street Owner: Parvin J. Johnson, Jr. Section 20-17. Failure to maintain parkway. Failure to maintain parkway by allowing paving and/or landscaping to deteriorate, or allowing an unsafe condition, is prohibited. Repave with acceptable material, refirbish and maintain landscaping (remove trash, weeds and litter), or remove unsafe condition, as may apply. Officer Pierre advised the parkway was completely destroyed and the owner had been notified of the violation. No one was present to testify. 1VIr. Hegedus moved for a finding of fact and conclusion of law that a violation exists to Section 20-17 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. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4953 Unauthorized storage of materials 5 NE 105 Street Owner Parvin J. Johnson, Jr. Section 501(k). Prohibited uses. No use shall hereafter be established in any district unless the same is included among the uses permitted in stub district as set Jordi 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 bailers, boats, vehicles, machinery, refrigerators, washing and drying maddiues, 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 • • • Code Enforcement Board Regular Meeting May 2, 1996 Page 8 nuisance, and the sante 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 ha-.Ardous waste (as defined by the Dade County Code), sudi waste shall be promptly transported to a certified hazardous waste disposal facility. Officer Pierre reported homeowner was storing unauthorized junk material in his front yard. No one was present to testify. 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 S180 be assessed. If the violatiion is not corrected within 2 weeks, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. The motion passed unanimously. Case No. 4954 General unsightliness 5 NE 105 Street Owner. Parvin J. Johnson, Jr. Section 10=1 Property to be maintained in safe, dean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of rant within the village to keep suds property in a safe, clean and sightly condition and to reprove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill in all excavations and depressions thereon. Officer Pierre advised the property was unsightly with overgrown grass and bushes. Homeowner had been notified in person and was not present to testify. Mr. Hegedus 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 that an administrative fee of 5180 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 as follows: Mr. Patnik yes Mr. Garber no Ms. Burch no Vice Chair Herrera no Mr. Hegedus yes Mr. Sydow no Chairperson Asmus - yes The motion failed, 4-3. • Code Enforcement Board Regular Meeting May 2, 1996 Page 9 Ms. Burch 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 that the administrative fee of $180 be waived. If the violation is not corrected within 14 days, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. A roll call vote was taken as follows: Mr. Patnik no Mr. Garber yes Ms. Burch yes Vice Chair Herrera yes Mr. Hegedus no Mr. Sydow yes Chairperson Asmus yes The motion passed, 5-2. Case No. 4955 Unsightly fascia, soffit, house exterior 5 NE 105 Street Owner. Parvin J. Johnson, Jr. Section 12-133. Depredation of sarronnding property. The exterior of every structure shall be so maintained with reasonable attractiveness so ns 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 whidz will lune an adverse eject on adjacent premises. Officer Pierre stated the homeowner was cited for the house being unsightly in appearance. No one was present to testify. Mr. Garber 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 the administrative fee of $180 be waived. If the violation was not corrected within 30 days, a $25 a day fine shall be leyied. Vice Chairperson Herrera seconded the motion. The motion passed 6-1„. with Mr. Patnik opposing the motion. Case No. 4957 Unsightly fascia, soffit, house exterior 125 NW 95 Street Owner: Charles Lapinsky Section 12-133. Depreciation of surrounding property. The erterfor of every structure shall be so maintained with reasonable attracttueness so as not, in the case of excessive scaling or paint or excessive mildew, to cause a substantial depreciation in property vaiues in the Code Enforcement Board Regular Meeting May 2, 1996 Page 10 • immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. • • Officer Pierre reported the house needed to be painted and the owner had not yet obtained a permit No one was present to testify. Mr. Garber 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 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. The motion passed unanimously. Case No. 4960 Unsightly fascia, soffit, house exterior 166 NW 110 Street Owner. Gerard Bordes and Suzie Bordes Tenant Gerard Bordes Section 12-133. Depreciation of surroundin 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 Pierre reported the house needed to be painted and the owner had not yet obtained a permit No one was present to testify. Ms. Burch 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 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. Garber seconded the motion. The motion passed unanimously. Case No. 4961 Failure to maintain parkway 295 NW 111 Street Owner. Jean Ulysse Section 20-17. Failure to maintain parkway. Failure to maintain parkway by allowing paving and/or landscaping to deteriorate, or allowing an umsafe condition, is prohibited. Repave with acceptable material, refurbish and maintain landscaping (remove trash weeds and litter), or remove unsafe condition, as may apply. Officer Pierre stated the parkway area of the property was completely destroyed and owner had been notified to either resod the parkway or obtain Code Enforcement Board Regular Meeting May 2, 1996 Page 11 • permit for additional parking. No action has been taken and one was present to testify. • • Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 20-17 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. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4962 Inoperable vehicle on premises 295 NW 111 Street Owner. Jean Ulysse 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. Officer Pierre reported owner had been notified to remove the two junk vehicles from his property. No action has been taken and no one was present to testify. Ms. Burch 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 the administrative fee of $180 be waived. If the violation is not corrected within one week, a $25 a day fine shall be levied. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4963 Unsightly fascia, soffit, house exterior 295 NW 111 Street Owner. Jean Ulysse Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attra`:iaeness so as not, in the case of excessive scaling or paint or excessive mt dew, to cause a substantial depreciation in property values in the immediate neighborhood The exterior surfaces shall be kept free from materials, objects and conditions whirl: will have an adverse eject on adjacent premises. Officer Pierre reported the house needed to be painted and the owner had not yet obtained a permit. No one was present to testify. Mr. Hegedus 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 the administrative fee of $180 be waived. If the violation is not corrected within 30 Code Enforcement Board Regular Meeting May 2, 1996 Page 12 • days, a $25 a day fine shall be levied. Mr. Patnik seconded the motion. The motion passed unanimously. • • • Case No. 4944 Unsightly fascia, soffit, house exterior 960 NE 97 Street Owner: Doris W. Blair Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, m 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 the house exterior needed repair and paint. The home was occupied by the owner's child who could not come into compliance because he did not have the funds. No one was present to testify. Mr. Garber 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 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. The motion passed unanimously. Case No. 4946 Maintaining a nuisance 960 NE 97 Street Owner. Doris W. Blair Section 10-5. Maintaining source of noxious odors or gas, disturbing noise, or other nuisance. It shall be uunlawjid to maintain any source or cause of noxious odor or gas or of any louul, disturbing noise or other nuisance, or to muse the same to exist Officer Tremble stated a neighbor had complained of an odor coming from septic tank seepage. Ms. Blair's son, the present tenant, had obtained estimates to repair the leakage but had no funds to pay for the work. No one was present to testify. Mr. Garber 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 the administrative fee be waived. If the violation is not corrected within 14 days, a $25 a day fine shall be levied. Ms. Burch seconded the motion. The motion passed unanimously. Code Enforcement Board Regular Meeting May 2, 1996 Page 13 Case No. 4972 Failure to maintain parkway 8MAT 93Street Owner: Severe Delva Section 20-17. Failure to maintain parkway. Failure to maintain parkway by allowing paving and/or landscaping to dct-ricrate, or allowing an unsafe condition, is prohibited. Repave with acceptable material, refirbislr and maintain landscaping (remove trash, weeds and litter), or remove unsafe condition, as may apply. Officer Pierre stated the parkway area of the property was completely destroyed and owner had been notified to either resod the parkway or obtain permit for additional parking. No action has been taken and one was present to testify. Ms. Burch moved for a finding of fact and conclusion of law that a violation exists to Section 20-17 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. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4974 69 NW 99 Street Owner. Wataru Kawaguchi Staff requested dismissal. Ms. Burch moved for dismissal. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Case No. 4975 General unsightliness 94 NE 93 Street Owner: Linda L. Heastie Section 10-1. Property to be maintained in safedean 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, dean 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 Pierre stated there was overgrown vegetation covering the property. No action has been taken and no one was present to testify. Mr. Hegedus 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 Code Enforcement Board Regular Meeting May 2, 1996 Page 14 administrative fee of $180 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. Case No. 4982 Commercial vehicle in residential zone 188 NW 104 Street Owner. Francisco G. Quinonez Staff requested dismissal. Vice Chairperson Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 4990 Unisightly fascia, soffit, house exterior 10916 NW 2 Avenue Owner: Louis V. Bartlett Staff requested dismissal • Vice Chairperson Herrera moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. • Case No. 4991 Failure to maintain parkway 10916 NW 2 Avenue Owner. Louis V. Bartlett Staff requested dismissal. Vice Chairperson Herrera moved for dismissal. Mr. Garber seconded the motion. The motion passed unanimously. Case No. 4992 Lack of off street parking 10916 NW 2 Avenue Owner. Louis V. Bartlett Staff requested dismissal. Vice Chairperson Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Code Enforcement Board Regular Meeting May 2, 1996 Page 15 Case No. 4998 Improper storage of rubbish, garbage 10400 NE 5 Avenue Owner: Chander Shaykher Staff requested dismissal. Mr. Garber moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 4999 General unsightliness 10400 NE 5 Avenue Owner: Chander Shaykher Staff requested dismissal. Mr. Garber moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. • III. OLD BUSINESS Chairperson Asmus stated the Board would review the final draft for its rules and regulations at the next meeting. IV. NEW BUSINESS A. Discussion was held concerning the change Building and Zoning had made in a permit's duration. The life of a permit now was three months instead of six months. Chairperson Asmus suggested the Board consider that when a violation reached the point of having to be reviewed by the Board, usually one to two months had passed since the original notice of violation was given. Therefore, he felt the Board should move on quick compliance and not allow violators additional months in which to do the work required to clear the violation. Mr. Nelson advised several contractors had reported to him they could not do the work residents needed because they were not given enough time, especially contracts for painting. He read Section 409 of the Code and explained the Board was not following the mandate of this Section concerning allowable time given to complete work and/or repair to homes and property. B. Mr. Garber asked Village Attorney Ulmer if a case already heard could be revisited. Village Attorney Ulmer reviewed the Code and found that • Code Enforcement Board Regular Meeting May 2, 1996 Page 16 the Board had the power to adopt a rule which allows the Board to revisit the fine and/or fee which it had previously set. Mr. Garber asked to revisit Case No. 4953. He felt the Board should remain consistent and not apply more than one $180 administrative fee to a property owner who was on the agenda with more than one violation. He moved that the motion passed on Case No. 4953 stand except that the administrative fee of $180 be waived. Chairperson Herrera seconded the motion. A roll call vote was taken as follows: Mr. Patnik No Ms. Burch No Mr. Garber Yes Vice Chair Herrera - Yes Mr. Hegedus No Mr. Sydow - Yes Chairperson Asmus Yes The motion passed 4-3. V. ADJOURNMENT Ms. Burch moved for adjournment. Vice Chairperson Herrera seconded the motion. The motion passed unanimously. Chairperson Asmus adjourned the meeting at 8:22 P.M. Barry Asmus, Chairperson • • Addendum to CODE ENFORCEMENT BOARD REGULAR MEETING VILLAGE OF MIAMI SHORES May 2, 1996 At the Code Enforcement Board Regular Meeting of June 6, 1996, the Minutes of May 2, 1996, were approved with the following corrections: 1. Ms. Burch said there was no second to her motion for Case No. 4925. The Minutes are corrected to reflect that Vice Chairman Herrera seconded the motion. 2. Mr. Garber seconded the motion for Case No. 4954, but it was recorded that he voted "no" to the motion. The Minutes were transcribed correctly. 3. Vice Chairman Herrera asked that the discussion from Village Attorney Ulmer concerning the Board's authority to order work to be completed within 30 days within the 90 day span of a building permit was left out, and he would like this reflected in the Minutes. Village Attorney Ulmer stated the Board had the power to 1) adopt rules for the conduct of its hearings; 2) subpoena alleged violators; 3) subpoena evidence; 4) take testimony under oath; and 5) issue orders having a force of law commanding whatever steps are necessary to bring a violation into compliance. He stated the Board had the power to adopt a rule which allows revisitation of a previously set fine and/or fee. Village Attorney Ulmer advised the Board to adopt a rule of procedure defining under what conditions the Board could do this. He stated that even though the life of a building permit was 90 days, the Board was not over stepping its bounds to require compliance on a violation within 30 days of a 90 day permit. Respectfully submitted,