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10-04-1996 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING VILLAGE OF' MIAMI SHORES October 4, 1996 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, October 4, 1996, at Miami Shores Village Hall. The meeting was called to order at 6:30 P.M by Chairman Asmus. Present: Also Present: Barry Asmus, Chairperson Prospero G. Herrera, II, Vice Chairperson Margaret Burch, Member Ivor Hegedus, Member Douglas Garber, Member John Patnik, Member Richard Trumble, Senior Code Enforcement Officer Amos Pierre, Code Enforcement Officer Mark S. Ulmer, Esq., Village Attorney I. APPROVAL OF MINUTES Ms. Burch moved to approve the Minutes of September 5, 1996. • Mr. Hegedus seconded the motion and it passed unanimously. • AGENDA II. HEARING ITEMS A. PENALTY CASES CASE NO. 5036 Unauthorized construction/alterations 1250 NE 94 Street Owner: Gerard and Myrto Fabius 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. Officer Trumble stated plans have been submitted and approved for the enclosure and all other violations brought into compliance. Mrs. Fabius said she would secure a permit within ten days as there was a minor modification needed to the plans. • • • Code Enforcement Board Regular Meeting October 3, 1996 Page 2 Ms. Burch moved that a permit be pulled within the next ten days and, if not pulled by that time, a $30.00 a day fine shall be levied until the permit is pulled. Mr. Hegedus seconded the motion and it passed 5-1. Mr. Patnik opposed the motion. NOTE: At this point in the proceedings, Chairman Asmus moved from the Hearing to allow Village Attorney Ulmer an opportunity to present his findings on code enforcement research as follows: Village Attorney Ulmer referred the Board to his memorandum concerning Florida Statutes and Village Ordinances pertaining to Code Enforcement, research on collection of liens, and so forth. He explained the two fees the Board had the power to levy: fees for recoupment of costs (administrative fee) and daily fines. Village Attorney Ulmer stated what the Board had been doing in assessing $180 for every case was wrong. He explained each case must have testimony by a code enforcement officer detailing what specific costs were incurred to bring the case to trial. This is the recoupment cost and not administrative fee. The violator, in turn, had the right to cross-examine the code enforcement officer concerning these costs. Should the violator be charged with two or more violations, the recoupment costs would not be much different from those for one violation. Village Attorney Ulmer said, however, it would be wise to break down the recoupment costs into one half for each violation if there were two, or one third for three violations, and so forth. He advised the purpose of these costs was not to raise revenue for the Village but rather to force residents to comply with the Village Code. This ended the Village Attorney's report. Chairman Asmus commended Village Attorney Ulmer on his superior performance in his research of these Code Enforcement issues and explanation of same to the Board. Chairman Asmus asked the Village Attorney to prepare a list of questions to ask violators which each Board Member could refer to when hearing cases. Village Attorney Ulmer stated he would prepare the following: 1) proposed changes to the Rules and Regulations; 2) a list of questions to be asked in each case; and 3) standardized motions. Chairman Asmus returned to the Hearing. • • • Code Enforcement Board Regular Meeting October 3, 1996 Page 3 CASE No. 5064 Non family occupancy 920 NE 99 Street Owner: Connie Williams Tenant: Robert Miller Section 216. Non -family occupancy. A family is any number of persons related by blood or marriage; or not more than two persons not related by blood or marriage. Chairman Asmus read a letter from Miami Bridge concerning their application for an HRS license and request for a 30 to 45 day continuance. Mr. Pinkman, the owner of the home, and Ms. Tynes, Community Specialist for Miami Bridge, were present and discussed in detail what had transpired since the last hearing. It was determined Miami Bridge had not yet brought the two violations into compliance; namely, they had applied for but had not yet been granted the required HRS license, and more than six people, not related through blood or marriage, were residing in the home. Village Attorney Ulmer advised the group home would be allowed in Miami Shores if and when they brought these two violations into compliance. Also, only 28 days had passed since the first hearing and Miami Bridge could not legally be assessed a daily fine for another two days. Ms. Tynes submitted a letter proving Miami Bridge had indeed filed a license application for the group home, but she could not substantiate the actual date of application. Chairman Asmus said this license should have been applied for prior to any of the residents moving into the home. In addition the notice of violation was dated July 11th. Thus Miami Bridge had had almost three months to move through the licensing process but had chosen to wait until sometime in September to begin. Mr. Hegedus moved to deny the request for an extension of time. Mr. Patnik seconded the motion and it passed 5-1. Mr. Garber opposed the motion. CASE NO. 5074 Lack of off street parking 145 NW 95 Street Owner: Michael and Dawn Elvis • • • Code Enforcement Board Regular Meeting October 3, 1996 Page 4 Schedule of Regulations - LSP. Lack of Off -Street Parking Vehicles must be parked on driveway or other approved off-street parking area(s). Mrs. Elvis advised a letter of eviction had been sent by their attorney to the tenants on September 6th ordering them to leave by October 1st, but they were still residing at the home. She asked for a 30 day continuance. Chairman Asmus recommended the continuance be granted and the Elvis' be asked to return at the next Board Meeting to give a status report. Ms. Burch moved that the 30 day continuance be granted and Mr. and Mrs. Elvis be required to report back to the Board at its next meeting. Vice Chairman Herrera seconded the motion and it passed unanimously. CASE NO. 5029 Unsightly fascia, soffit, house exterior 249 Grant Concourse Owner: Elizabeth Khoury Crocker 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 recommended dismissal. Vice Chairman Herrera moved for dismissal. Mr. Garber seconded the motion and it passed unanimously. CASE NO. 5050 Unsightly fascia, soffit, house exterior 246 NW 93 Street Owner: Arrington Wells 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 the violation had not been corrected. Due to the fact that this hearing was only 28 days from the last Board Meeting, Village Attorney Ulmer suggested the Board move for a continuance. • Code Enforcement Board Regular Meeting October 3, 1996 Page 5 Ms. Burch moved for a continuance to the next Board Meeting. Vice Chairman Herrera seconded the motion and it passed unanimously. CASE NO. 5058 Unauthorized construction/alterations 1161 NE 98 Street Owner: Donald M. Eisenman 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: Officer Trumble recommended dismissal. Ms. Burch moved for dismissal. Mr. Hegedus seconded the motion and it passed unanimously. B. NEW CASES CASE NO. 5081 General unsightliness 915 NE 97 Street Owner: Jairo Gaviria 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 Mil all excavations and depressions thereon. Officer Trumble said the violation was to clean weeds out of the fence and edge the sidewalks. Mr. Gaviria said he did not pay attention to the certified mail receipt to go pick up the notice of violation at the post office and, thus, did not know about the violation. He also asserted he had been cleaning up the yard. Mr. Patnik moved for a finding of fact and conclusion of law that a violation exists to Section 10-1 of the Miami Shores Village Code, an administrative fee (recoupment costs) of $180 shall be assessed, and the violation is to be corrected within 10 days. Ms. Burch seconded the motion. • Code Enforcement Board Regular Meeting October 3, 1996 Page 6 Chairman Asmus recommended Mr. Patnik amend his motion to reflect 5 days to comply and if not brought into compliance by that time, a $0-$250 a day fine may be levied. Mr. Patnik amended his motion to accept this recommendation. Ms. Burch accepted the amendment. A roll call vote was taken and the motion passed unanimously. CASE NO. 5082 Unsightly fascia, soffit, house exterior 615 NE 97 Street Owner: Jairo Gaviria 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. Gaviria stated he had been having problems getting a contractor to do the necessary work. He said he would personally- be pressuring cleaning, priming, and painting his house and felt the work could be completed within 20 days. 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 the violation is to be corrected within 30 days. If the violation is not corrected within that time, a $0-$250 a day fine may be levied. Vice Chairman Herrera seconded the motion. A roll call vote was taken and the motion passed unanimously. NOTE Officer Trumble asked that the following case be added to the Agenda. Chairman Asmus read a letter dated October 2, 1996, to the Keyes Company from the Village Finance Director which stated as of October 2, one of three violations had come into compliance but still owed the $180 administrative fee (Case No. 4798), and a daily fine of $25 a day, or $4630 (Case No. 4797) and $4630 (Case No. 4800) was accruing. The total due as of October 2 was $9,440 and would continue to accrue at the rate of $50 a day until brought into compliance. Village Attorney Ulmer said this Board did not have jurisdiction over these cases since the 30 day compliance date had passed. He explained the defendant herein did have the right to take this issue to court, or, could have asked for a rehearing by this Board if done • • • Code Enforcement Board Regular Meeting October 3, 1996 Page 7 so within the 30 day period ordered by the Board. He advised only the Village Council had the power now to reduce or forgive the lien and only in the context to avoid litigation. Village Attorney Ulmer recommended the property owner contact the Village Manager, discuss the issue, and try to be placed on the Village Council Agenda to get the case heard. CASE NO. 5087 General unsightliness 325 NE 96 Street Owner: Scott L. Warfman 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 Wage 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 stated the violation was to remove a trash pile from the property. Mr. Warfman was not present to testify. Mr. Hegedus moved for a finding of fact an conclusion of law that a violation exists to Section 10-1 of the Miami Shores Village Code, an administrative fee (recoupment costs) of $180 be assessed, and the violation corrected with 10 days. If the violation is not corrected within 10 days, a $0-$250 daily fine may be levied. Ms. Burch seconded the motion and the motion passed unanimously. CASE NO. 5094 Failure to obtain an occupational license 9029 Biscayne Boulevard Owner: Ramon Nunez 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 tillage occupational license therefore issued for an applying to the current occupational license year, or fractional pan` 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 retell sale of consumer goods between the hours of 1:00 a.m. and 6:00 a.m. is prohibited. Officer Trumble explained the violation was for a chiropractor whose came to the Village Office and presented an expired license. No further contact from Mr. Nunez had been made nor was he present to testify. • • • Code Enforcement Board Regular Meeting October 3, 1996 Page 8 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, an administrative fee (recoupment costs) of $180 be assessed, and the violation corrected within 10 days. If the violation is not corrected within 10 days, a $0-$250 daily fine may be levied. Mr. Patnik seconded the motion and it passed unanimously. CASE NO. 5096 Unauthorized storage of materials 10 NE 98 Street Owner: James Gilyard 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 fisting 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 recommended dismissal. Ms Burch moved for dismissal. Vice Chairman Herrera seconded the motion and it passed unanimously. III. NEW BUSINESS Election of Chairman and Vice Chairman The Board discussed when these elections should take place. It was determined the elections will take place at the November Board Meeting. New Board Members For the record, the three new Code Enforcement Board Members were in attendance, Mr. R. Buencondejo, Mr. E. Colson, and Mr. T. Leonard. • • • Code Enforcement Board Regular Meeting October 3, 1996 Page 9 IV. GOOD AND WELFARE A. Departure of Board Members Chairman Asmus thanked Mr. Hegedus and Mr. Garber who would be leaving the Board for their service and commitment to the Code Enforcement Board and Miami Shores Village. He recommended they both reapply at a later date. Mr. Garber asked if there was any provision for substitute members to fill in from time to time. Chairman Asmus said no but thought it a good idea to consider. B. Board Decorum Chairman Asmus discussed how the Board would be getting tougher in the future by following up with foreclosures, collection of liens, and so forth. He stated Board Members and their Miami Shores property must be above reproach. He gave personal examples of how his property had been targeted in the past. Chairman Asmus reminded the members that friends and neighbors would be contacting them about violations, and they must not get involved but rather refer any and all complaints to Village staff. He also said any person contacting Village staff for Board Members' telephone numbers would be given his. V. ADJOURNMENT Mr. Garber moved to adjourn. Vice Chairman Herrera seconded the motion and it passed unanimously. Chairman Asmus adjourned the meeting at 7:58 P.M. Barry A` us, Chairperson Carol Ann Rago ecretary