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06-06-1996 Regular Meeting• CODE ENFORCEMENT BOARD REGULAR MEETING VILLAGE OF MIAMI SHORES June 6, 1996 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, June 6, 1996, at Miami Shores Village Hall. The meeting was called to order at 6:30 P.M by Chairperson Asmus. Present: Also Present: Barry Asmus, Chairman Prospero G. Herrera, II, Vice Chairman Margaret Burch, Member Ivor Hegedus, Member John Sydow, Member Douglas Garber, Member John Patnik, Member William Nelson, Code Compliance Director Richard Trumble, Senior Code Enforcement Officer Amos Pierre, Code Enforcement Officer Mark S. Ulmer, Esq., Village Attorney L APPROVAL OF MINUTES The Recording Secretary was asked to review the Minutes of May 2, 1996, concerning the following questions from Board Members: a. Ms. Burch said there was no second to her motion for Case No. 4925. b. Mr. Garber seconded the motion for Case No. 4954, but it was recorded that he voted "no" to the motion. Village Attorney Ulmer said if a member seconded a motion, he or she could not vote "no" at the roll call vote. c. Vice Chairman Herrera said Under New Business 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 mentioned in the Minutes. The Recording Secretary said she would review the tapes of this meeting and make changes as appropriate. Mr. Burch moved to approve the Minutes of May 2, 1996, as corrected. Vice Chairman Herrera seconded the motion. The motion passed unanimously. • • • Code Enforcement Board Regular Meeting June 6, 1996 Page 2 II. HEARING Case No. 4995 Weathertight and watertight structures 955 NE 98 Street Owner: Ligouri Homes & Investments 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 this was unoccupied property which had changed hands a number of times. A blue tarpaulin was covering a roof leak. The first Notice of Violation was written in April of this year. Attorney Ganguzza of Hyman and Kaplan, 44 West Flagler Street, Miami, Florida, was present on behalf of the financial institution which had just obtained title on this property from a foreclosure. He reported the new owners who owned a construction company and had taken a credit on the purchase price from the seller to do the repairs would be closing on the property in a week and had plans to do an aggressive rehabilitation of the property immediately. Ms. Burch 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 shall be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Vice Chairman Herrera seconded the motion. Discussion was held concerning the appropriateness of allowing just 30 days to complete the work. Ms. Burch rescinded her motion and Vice Chairman Herrera rescinded his second. Ms. Burch 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 shall be assessed. If the violation is not corrected within 45 days, a $25 a day fine shall be levied. Vice Chairman Herrera seconded the motion. A roll call vote was taken. The motion passed unanimously. Case No. 4996 Unsightly fascia, sofffit, house exterior 955 NE 98 Street Owner: Liguori Homes & Investments 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 Code Enforcement Board Regular Meeting June 6, 1996 Page 3 . immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. • This case was violation two of Case No. 4995 and the same pictures were passed. The house had broken windows and a rotten soffit. 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. If the violation is not corrected within 45 days, a $25 a day fine shall be levied. Vice Chairman Herrera seconded the motion. A roll call vote was taken. The motion passed unanimously. Case No. 4940 Unsightly fascia, soffit, house exterior 17 NE 105 Street Owner: Mary Stur 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 stated the house needed to be painted. All other violations had been corrected. The owner was deceased, and the party responsible for the estate had faxed a letter requesting additional time to do the repairs. Chairman Asmus read a summary of the letter into the record. 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 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. 4634 Request for Relief Failure to obtain an occupational license 186 NE 108 Street Owner: Rosario Gutteriz Mr. Nelson reviewed a letter from Ms. Gutteriz, 13850 North Miami Avenue, which stated she now had an occupational license, her automobile had been stolen last November, and she never received any Notice of Violation. The certified mail sent to her tenant concerning the violation had been returned to the Village marked unclaimed." Ms. Gutteriz stated she was never once told • she needed to obtain an occupational license though she visited Village Hall on many occasions. The accumulated fine of $25 per day plus the administrative Code Enforcement Board Regular Meeting June 6, 1996 Page 4 • fee totaled $1,005.00, and Ms. Gutteri -wcras asking to be released from having to pay. • • Mr. Hegedus moved that Ms. CEI-Tutteriz be given full relief from the accumulated fines and fee. Mr. Garber seconded the motion. A roll call vote was taken and the motion passed 6-1. C11 --).airman Asmus opposed the motion. Case No. 5004 Improper storage of rubbish, gam -WD age, etc. 137 NE 105 Street Owner: Fernando Recalde Section 12-104. Storage or removal of rublmf 1 -ha, garbage. etc. Exterior property areas shall be kept free from o..r . diartic and inorganic materials that might become a health, accident or fire hazard, whether or not such areas are use. cad for human habitation. Containers with covers shall be provided for the temporary storage of garbage and rub baf.h. Materials of an inflammable nature shall be safely stored or removed from the premises. Rubbish, trash, debopr-7•s, dead trees or other unsightly or unsanitary matter on the premises shall be removed by owner or occupant or b Officer Trumble reported the viaZetion had been written on April 17, 1996. Mr. Recalde had called staff to y he was in Pompano Beach with car trouble and could not get to the meeting_ Ms. Burch moved for a finding acof fact and conclusion of law that a violation exists to Section 12-104 of -t1-n _e Miami Shores Village Code and an administrative fee of $180.00 be asse 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. 5005 Maintaining a nuisance 137 NE 105 Street Owner: Fernando Recalde Section 10-5. Maintaining source of noxious cm -dors or gas. disturbing noise, or other nuisance. It shall be unlawful to maintain any source or cat_reits of noxious odor or gas or of any loud, disturbing noise or other nuisance, or to cause the same to exist. Officer Trumble stated the violatic iri was written on April 17, 1996, and was for waste water improperly going ori -t © the ground. 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. If the violation is not corrected within 30 days a $25 a day fine shall be levied. Mr. Hegedus seconded the motion. The molfscpn passed unanimously. • • • Code Enforcement Board Regular Meeting June 6, 1996 Page 5 Case No. 5006 Failure to obtain an occupational license 137 NE 105 Street Section 14-17. Required; Hours for retail sales. No person shall, within the limits of the village, engage nor manage any business, occupation or profession without first having paid the amount of license tax required by this chapter and without first having obtained a village occupational license therefore issued for an applying to the current occupational license 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 each year as long as such business, occupation or profession Is carried on. Provided, nevertheless, that the retail sale of consumer goods between the hours of 1:00 a.m. and 6:00 a.m. is prohibited. Officer Trumble reported the violation was written on April 17, 1996, and remains outstanding. 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. If the violation is not corrected within 30days, a $25 a day fine shall be levied. Vice Chairman Herrera seconded the motion. The motion passed unanimously. Case No. 5009 Inoperable vehicle on premises 201 NW 111 Street Owner: Mucial Thony & Mozard Pierre Staff recommended dismissal. Vice Chairman Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 5020 Landscaping design and maintenance standards 24 NW 96 Street Owner: G.S. Pickard Staff recommended dismissal. Vice Chairman Herrera moved for dismissal. Mr. Hegedus seconded the motion. The motion passed unanimously. III. NEW BUSINESS Chairman Asmus recommended the drafted Rules and Regulations for the Code Enforcement Board be reviewed at the July meeting. Code Enforcement Board Regular Meeting June 6, 1996 Page 6 Chairman Asmus announced the next Board Meeting would be held on • Monday, July 8, 1996. IV. ADJOURNMENT Vice Chairman Herrera moved to adjourn. Ms. Burch seconded the motion. The motion passed unanimously. Chairman Asmus adjourned the meeting at 7:15 P.M. Respectfully submitted, ��2 ' o2 Caro n Ragone, R c r ' g Secretary • • • • Code Enforcement Board Regular Meeting June 6, 1996 Page 6 Chairman Asmus announced the next Board Meeting would be held on Monday, July 8, 1996. IV. ADJOURNMENT Vice Chairman Herrera moved to adjourn. Ms. Burch seconded the motion. The motion passed unanimously. Chairman Asmus adjourned the meeting at 7:15 P.M. Respectfully submitted, Barry Asmus, Chairman