11-07-1996 Regular Meeting•
CODE ENFORCEMENT BOARD REGULAR MEETING
Village of Miami Shores, Florida
November 7, 1996
A regular meeting of the Miami Shores Village Code Enforcement
Board was held on Thursday, November 7, 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, Chairman
Prospero G. Herrera, II, Vice Chairman
Rod Buenconsejo, Member
Margaret Burch, Member
Eugene Colson, Member
Thomas Leonard, 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
Ms. Burch moved to approve the Minutes of October 3, 1996. Vice
Chairman Herrera seconded the motion, and the motion passed
unanimously.
AGENDA
II. HEARING
A. Penalty Cases
CASE NO. 5074
Lack of off street parking
145 NW 95 Street
Owner: Michael and Dawn Elvis
Schedule of Regulations - ISP. Lack of off -Street Parking
Vehicles must be parked on driveway or outer approved off-street parking area(s).
Mrs. Elvis reported her tenants were still living at the
property. She submitted a letter from her attorney stating a Writ of
Possession had been filed and a hearing was scheduled for Thursday,
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 2
November 14, 1996. The Board determined Mr. and Mrs. Elvis were
applying due diligence in trying to vacate the current tenants.
Ms. Burch moved to table this case until the next scheduled
Board Meeting. Vice Chairman Herrera seconded the motion, and the
motion passed unanimously.
CASE NO. 5050
Unsightly fascia, soffit, house exterior
246 NW 93 Street
Owner: Arrington Wells
Section 12-133 Depredation of surrounding property.
The exter/or of every sbucture shall be so maintained with reasonable amacllveness so as not /n the
case of excessive scaling or paint or excessive mildew, to cause a substantial depredaffon /n properly values In the
immediate neighborhood. The exterior surfaces shall be kept free from materia/s, objects and oonditlons which wit/ have an
adverse effect on adjacent premises.
Officer Pierre reported the violation had not been corrected.
Mr. Wells had been notified of this Penalty Hearing and was not present.
An administrative fee of $180.00 had been assessed but no fine levied.
Ms. Burch moved to levy a fine of $25.00 a day retroactive to
the compliance date set in the original hearing of October 5, 1996, and
this fme shall run until the date the violation is brought into compliance.
Vice Chairman Herrera seconded the motion, and the motion passed
unanimously.
CASE NO. 5082
Unsightly fascia, soffit, house exterior
615 NE 97 Street
Owner: Jairo Gavira
12-133 Depreciation of surrounding property.
The exterior of every sbucture shall be so maintained with reasonable attractiveness so as nod in the
case of excessive scaling or paint or excessive mildew, to cause a substantial depreclatfon in property values in the
Immediate neighborhood. The exterior surfaces shad be kept free from materials, objects and conditions which wN have an
adverse effect on adJacentpremises
Staff recommended dismissal.
Vice Chairman Herrera moved to dismiss. Ms. Burch
seconded the motion, and the motion passed unanimously.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 3
CASE NO. 5087
General unsightliness
325 NE 96 Street
Owner: Scott L. Warfman
Section 0-1. 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
kr a safe, clean and sightly condition and to remove therefrom all surplus gra weeds and other growth and all trash and
rubbish and to till in all excavations and depressions thereon.
Officer Trumble reported the violation had not been corrected
and the pile of trash remained in the yard. Mr. Warfman nor a
representative was not present to testify. At the original hearing, an
administrative fee of $180.00 was assessed and ten days was given to
comply.
Ms. Burch moved that a fine of $30.00 per day be levied
retroactive to the original compliance date of October 13, 1996, and this
fme shall run until the date the violation is brought into compliance. Vice
Chairman Herrera seconded the motion, and the motion passed
unanimously.
CASE NO. 5094
Failure to obtain an occupational license
9029 Biscayne Boulevard
Owner: Boris Morris
Section 14-17. Required: Hours tor retail sales.
No person shall, within the lim/Is of the village, engage nor manage any business, ocaupalon or
profession without first hating pall the amount of license tax required by this chapter and without first having obtained a
village ocaupatonal llcense therefore issued for an applying to the current occupational Hawse year, or fractional part
thereof, during which such business, occupation or profession is commenced, carn'ed on or engaged in. Suck 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, ocarpal/on or profession is canted on.
Provided, nevertheless, that the retail sale of consumer goods between the hours of 1:00 gm. and 5.b0 a.m. Is prohibited.
Staff recommended dismissal.
Ms. Burch moved to dismiss. Vice Chairman Herrera
seconded the motion, and the motion passed unanimously.
B. New Cases
CASE NO. 5108
Failure to maintain parkway
10516 NW 2 Avenue
Owner: Ageline Jean -Baptiste
Section 20-17. Failure to maintain parkway.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 4
Failure to maintain parkway by allowing paving and/or landscaping to detelorate, or by allowing unsafe
conditions, or failure to maintain parkway ovate area by allowing landscaping to deteriorate shati be unlawful Repave with
acceptable material, refurbish and maintain landscaping (remove trash, weeds and /Itter), or remove unsafe condition, as
maYappl*
Officer Pierre reported the parkway was badly deteriorated
and an Order to Correct had been issued on September 5, 1996. A Notice
of Violation was issued on September 17, 1996, and the violation
remained uncorrected.
Ms. Jean-Baptiste's daughter, Ms. Carol Felix, was present to
testify. Ms. Felix stated her mother wanted to do the work herself as it
was too expensive a job to hire a contractor, but they were unable to pay
the $300.00 bond which needed to be posted prior to undertaking the
work. She asked if she could plant grass on the parkway in order to save
money. The Board discussed her request and determined grass would
not be a satisfactory solution.
Mr. Nelson recommended the Board move for a continuance to
allow inspection of the property by Code Enforcement before reaching a
decision. Chairman Asmus recommended the Board take action on the
violation as a continuance was not warranted.
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.
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$23.50 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
CASE NO. 5109
Lack of off street parking
10516 NW 2 Avenue
Owner: Ageline Jean -Baptiste
Schedule of Regulations - LSP. Lack of oft -Street Parking
Vehicles must be parked on ddvewayorother approved off-sfreet parking area(s).
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 5
Officer Pierre reported the homeowner needed to stop parking
cars on the grass and to resod the area immediately. Ms. Felix informed
the Board that three cars regularly parked at the house, and Chairman
Asmus explained that each car needed its own paved parking space and
parking on the grass, sidewalk, or street for any reason was prohibited.
Ms. Burch moved for a finding of fact and conclusion of law
that a violation exists to the Schedule of Regulations of the Miami Shores
Village Code. The offending party shall correct the violation by the next
Board Meeting date of December 5, 1996, and shall notify the Code
Enforcement Officer when the property is brought into compliance. If the
violation is not brought into compliance within 30 days, the Code
Enforcement Officer is to report back to the Board and the Board may
then assess a fine against the violator up to $250.00 per day which will
constitute a lien against the property. Costs in the amount of $23.50 are
hereby assessed for tonight's proceedings to recoup the Village's expenses
in prosecuting the violation to date. Vice Chairman Herrera seconded the
motion, and the motion passed unanimously.
The Board discussed the issue of the next Board Meeting date
being less than 30 days. Chairman Asmus asked for a Motion for
Reconsideration of CASE NO. 5108 to change the compliance date to the
next scheduled Board Meeting date of December 5, 1996, instead of 30
days.
Village Attorney Ulmer advised what the Board wished to do
by changing the compliance date to the next Board Meeting date was not
correct. He explained that prior to the second hearing, a Code
Enforcement Officer would reinspect the property and, if the violation was
not corrected, a notice of the penalty hearing (second Board Meeting)
would then be issued to the homeowner. After the Board levied a fine and
prior to the third Board Meeting, a Code Enforcement Officer would again
reinspect the property and issue a penalty hearing notice if the violation
was not corrected. Therefore, the violator would not reappear before the
Board until the third Board Meeting (in this case January 1997). The only
way to avoid this would be for the Board to give only 15 days to comply
which would not be reasonable. Village Attorney Ulmer recommended the
reconsideration be given to CASE NO. 5109 changing the date of
compliance from the next Board Meeting date of December 5, 1996, to the
same 30 day compliance date as set forth in CASE NO. 5108.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 7
CASE NO. 5090
Landscaping design and maintenance standards
9204 NE 10 Avenue
Owner: Betty R. Wright
Schedule of Regulations. Landscaping design and maintenance standards.
Properly owners are responsible for proper maintenance of landscaping on Moir property and parkway
areas. All open space shall be planted w/!h grass, sod or living ground over. Chattahoochle stone or similar materials shall
not be substituted for grass, sod or living ground cover. Resodd/ng lawn and swale area /s required!
Chairman Asmus read a letter from Ms. Wright which
requested a continuance until December 1996 so that she may be present
to testify on her own behalf. Officer Trumble reported all pertinent notices
were posted on the property and Ms. Wright had proper notice of this
hearing.
Ms. Burch moved for a finding of fact and conclusion of law
that a violation exists to the Schedule of Regulations of the Miami Shores
Village Code. The offending party shall correct the violation within 30
days and shall notify the Code Enforcement Officer when the property is
brought into compliance. If the violation is not brought into compliance
within 30 days, the Code Enforcement Officer is to report back to the
Board and the Board may then assess a fine against the violator up to
$250.00 per day which will constitute a lien against the property. Costs in
the amount of $60.57are hereby assessed for tonight's proceedings to
recoup the Village's expenses in prosecuting the violation to date. Vice
Chairman Herrera seconded the motion, and the motion passed
unanimously.
CASE NO. 5105
Maintaining a nuisance
10635 NE 11 Court
Owner: David G. Haylock
Section 10-5, Maintaining source of noxious odors or gas. disturbing noise. or other nuisance.
/t shall be unlawful to maintain any source of cause of noxious odor or gas or of any loud, disturbing
noise orothernuisance, or to cause the same to eadst
Officer Trumble reported the swimming pool water was
stagnant and green and contained mosquito larvae. Mr. Haylock was not
present to testify.
Mr. Colson moved for a finding of fact and conclusion of law
• that a violation exists to Section 10-5 of the Miami Shores Village Code.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 8
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$25.31 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
CASE NO. 5106
Unsightly fascia, soffit, house exterior
10635 NE 11 Court
Owner: David G. Haylock
Section 12-133. Depreciation of surrounding property.
The exterior of every structure shaft be so maintained with reasonable attractiveness so as no in the
case of excessive scaling or paint or excessive mildew, to cause a substantial depredation in property values In Ute
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 home had faded, peeling paint,
mildew, a broken window, and missing tiles. Mr. Haylock was not present
to testify.
Mr. Leonard moved for a finding of fact and conclusion of law
that a violation exists to Section 11-133 of the Miami Shores Village Code.
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$25.31 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
CASE NO. 5104
Overgrown foliage
10635 NE 11 Court
Owner: David G. Haylock
Section 10-1. Property to be maintained in safe. clean and sightby condition.
It shall be the duty of all owners oflots, parcels and tracts offend within the village to keep such properly
Ina safe, clean and slghdy condtion and to remove therefrom all surplus grass, weeds and othergrowth and all trash and
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 9
rubbish and to fill In all excavations and depressions mereon.
Officer Trumble reported the backyard was severely overgrown
with wild vegetation. Mr. Haylock was not present to testify.
Mr. Colson moved for a finding of fact and conclusion of law
that a violation exists to Section 10-1 of the Miami Shores Village Code.
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$25.31 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
CASE NO. 5128
Unauthorized storage of materials
150 NE 98 Street
Owner: Reynald J. P. Blanchard
Section 501(k1. Prohibited uses.
No use shall hereafter be established in any district unless the same is Included among Bre uses
perm/tied In such district as set forth in the schedule adopted by Argyle IV, ether by specific listing or by the application of
standards spedfled in this ordinance For the purpose of darf lcation, Bre following list sets forth uses that are among those
that shall not be deemed to be pemhA7ed anywhere in the village.
Storage ordlsposa/ofJunk trash, Including but not fmited to dereNc4 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, Itis not the intent hereof to prohlb/t Bre deposit of such items /n a usual location
for waste collection, provided ft Is not or will not become a nuisance, and the same will be collected the waste dhdslon of Bre
public works department, or a Adam/ Shores Village authorized commercial waste collector. However, in the case of
hazardous waste (as defined by Bre Dade County Code), such waste shah be promptly transported to a certified hazardous
waste disposal facility.
Section 10-1. Property to be maintained in safe. clean and sightly condition.
Itshal/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 condlton and to remove therefrom all surplus grass, weeds and other growth and all bash and
rubbish and to flu in all excavations and depressions thereon
Staff recommended dismissal.
Ms. Burch moved for dismissal. Vice Chairman Herrera
seconded the motion, and the motion passed unanimously.
CASE NO. 5146
Overgrown foliage
557 NE 87 Street
Owner: Rena Hambelton
Section 10-1. Property to be maintained in safe. clean and sightly condition.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 10
Itsha//be the duty of all owners of lots, parcels and facts of land within the Wage to keep such property
In a safe, clean and sightly condition and to remove therefrom a/I surplus grass, weeds and other growth and all trash and
rubbish and to fill in all excavations and depressions thereon.
Officer Trumble reported there was wild vegetation and foliage
overgrowth behind the stores. Ms. Hambelton was not present to testify.
Mr. Colson moved for a finding of fact and conclusion of law
that a violation exists to Section 10-1 of the Miami Shores Village Code.
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$72.48 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
CASE NO. 5148
Inoperable vehicle on premises
323 NE 91 Street
Owner: Gregory L. Staninski
Section 13-1. Inoperable vehicle on premises .
It Is prohibited to maintain a vehicle not In provable operating condNon and not stored In a garage.
Store vehicle In agarage or remove vehic% Store in garage or remove from premises
Officer Trumble reported an old Mercedes automobile was
parked at the property partially covered by a tarpaulin with the muffler
and tail pipes hanging down and unsightly. Mr. Staninski was not
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.
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$26.81 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
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CASE NO. 5149
Pet limitation and control
323 NE 91 Street
Owner: Gregory L. Staninski
Section 5-22. et limitation and control.
No more than three dogs and/or four cats over six months maybe kept Dogs and cats shall not engage
in frequent or habitual barking, meowing, etc. Remove excessive pats, restrain pets from being noisy, or keep enclosed fn
building. Contain dog inside ofhouse or yard.
Officer Trumble reported the homeowner owned a medium
sized black dog who was continuously loose and chased people. A Mrs.
Vogel accepted the notice, tore it up, and stated she was the homeowner.
She was not present to testify. Village Attorney Ulmer advised the Board
that they could set a one-time fee up to $250.00 for the dog being loose.
Should the violation not be corrected, the violator could be called back on
a second offense and fined up to $500.00 per day until compliance.
Mr. Colson moved for a finding of fact and conclusion of law
that a violation exists to Section 5-22 of the Miami Shores Village Code.
Costs in the amount of $26.80 are hereby assessed for tonight's
proceedings to recoup the Village's expenses in prosecuting the violation,
and a one-time fine of $250.00 is hereby levied Should this violation
arise in the future, the Board could then levy a $500.00 fine per
occurrence. Ms. Burch seconded the motion, and the motion passed
unanimously.
CASE NO. 5147
Unauthorized storage of materials
323 NE 91 Street
Owner: Gregory L. Staninski
Section 501(k). Prohibited uses.
No use shall hereafter be established In any district unless the same Is included among the uses
permuted in such district as set forth In the schedule adopted byArl/da IV, either by specific //sting or by the application of
standards specified in this ordinance For fie purpose of clarification, the following fist sets forth uses drat are among Horse
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 siml/ar type
of personal property provided, nevertheless, itis not the intent hereof to prohibit the deposit of such items in a usual location
for waste co/lection, provided it is not or will not become a nuisance, and the same will be coo//eoted the waste division of the
public works department or a Adami Shores Village authorized commercial waste collector. However, fn the case of
hazardous waste (as defined by the Dade CountyCode), such waste shat be promptly bansported to a certified hazardous
waste disposal facility.
Section 10-1. Properly to be maintained in safe. dean and sightly condition.
It shall be the duty of all owners of lots, parcels and tracts inland within the village to keep such property
in a safe, clean and sighty condition and to remove therefrom all surplus grass, weeds and olhergrowth and all bash and
rubbish and to Nil in all excavations and depressions thereon.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 12
Officer Trumble reported a truck topper, truck wheels, and
other unknown items were being stored underneath a silver tarpaulin in
the front yard. No representative from the property was present to testify.
Mr. Colson 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. The offending party shall correct the violation within 30 days and
shall notify the Code Enforcement Officer when the property is brought
into compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$26.80 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
CASE NO. 5154
Unauthorized construction/alterations
1 NW 110 Street
Owner: Jean I. And Rose J. Fontaine
Section 6-4(a). Required emits - Applications generally.
No person shall erect or construct or proceed with Are ereC11on or construction of any building or
structure, nor add to, enlarge, move, improve, alter, convert extend or demolish any bul/ding or stvdure, 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 workls one handled dollars ($100) or more In value; and on any remodeling or alterationlob
of any value; without first obtaining a permit therefor from Are Wilding deparbnent
Staff recommended dismissal.
Vice Chairman Herrera moved for dismissal. Ms. Burch
seconded the motion, and the motion passed unanimously.
CASE NO. 5156
Inoperable vehicle on premises
30 NE 99 Street
Owner: Constantine Hinds
Section 13-1 Inoperable vehicle on premier .
it is prohibited to maintain a vehicle not /n provable operati'ng condh#on and not stored in a garage.
Store vehicle in agarage or remove vehicle. Store In garage or remove from premises
Staff recommended dismissal.
Vice Chairman Herrera moved for dismissal. Ms. Burch
1111 seconded the motion, and the motion passed unanimously
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 13
CASE NO. 5153
Unauthorized construction/alterations
103 NW 103 Street
Owner: Realko Investment 86 Associates, Inc.
Tenant: Secretary of HUD
Section 8-4(a). Required Permits - ApplicationsgeneraUy.
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 anybuidfng or structure, or any group of
buildings and/or structures under one (1) or jointownershi, whether on one or more lots or tracts ofland; or cause the same
to be done where Me 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. Vice Chairman Herrera
seconded the motion, and the motion passed unanimously.
CASE NO. 5158
Unsightly fascia, soffit, house exterior
130 NE 98 Street
Owner: Maria and Jose Grosso
Section 12-133. Depreciation of surrounding property.
The exterior of every structure shall be so maintained with reasonable alb -activeness so as not in Me
case of excessive scaling or paint or excessive mildew, to cause a substanlla/ 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 homeowner had pulled a permit to
paint his home in December 1995 but never completed the job, and the
home was unsightly with incomplete painting.
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.
The offending party shall correct the violation within 30 days and shall
notify the Code Enforcement Officer when the property is brought into
compliance. If the violation is not brought into compliance within 30
days, the Code Enforcement Officer is to report back to the Board and the
Board may then assess a fine against the violator up to $250.00 per day
which will constitute a lien against the property. Costs in the amount of
$54.86 are hereby assessed for tonight's proceedings to recoup the
Village's expenses in prosecuting the violation to date. Vice Chairman
Herrera seconded the motion, and the motion passed unanimously.
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 14
CASE NO. 5161
Unauthorized construction/alterations
1345 NE 105 Street
Owner: Gregory Hoffman
Section 6-4(a). Required Permits - Applications generally.
No person shall erect or construct or proceed with fire erection or construction of any bulling or
structure, nor add to, enlarge, move, improve, alter, convent extend or demolish any building or structure, or any group of
buildings and/orstructures under one (1) 0r Joint owner hip wheffier on one or more lots or tracts of/and; 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 alterat/onlob
of any value; without first obtaining a permit ffrereforfrom the building department
Staff recommended dismissal.
Ms. Burch moved for dismissal. Vice Chairman Herrera
seconded the motion, and the motion passed unanimously.
III. NEW BUSINESS
Election of Board Chairman and Vice Chairman
1. Chairman
Vice Chairman Herrera nominated Chairman Asmus. There
were no other nominations for Chairman. Ms. Burch moved the
nominations be closed. Chairman Asmus was reelected to serve another
term.
2. Vice Chairman
Mr. Patnik nominated Vice Chairman Herrera. There were no
other nominations for Vice Chairman. Mr. Buenconsejo moved the
nominations be closed. Vice Chairman Herrera was reelected to serve
another term.
Mr. Colson discussed the possibility of having these two elections
every 14 months instead of 12 months in order to allow new Board
Members the opportunity to get to know the other members before
nominations took place. Chairman Asmus explained that for the past 14
years these elections have been held at the first or second meeting of the
new fiscal year. Village Attorney Ulmer stated there was no provision for
these elections in the Village Code, but the provision did appear in the
Board's Rules and Regulations. A change to the Rules and Regulations
could be effected by unanimous Board vote to have these elections in
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CODE ENFORCEMENT BOARD REGULAR MEETING
November 7, 1996
Page 15
December or January. The Board determined that no action to change
election dates would be done at this time.
IV. GOOD AND WELFARE
Welcoming of New Board Members
Mr. Nelson took a moment to welcome the three new Board
Members. Chairman Asmus expressed his appreciation for their excellent
participation in their first meeting of the Board.
V. ADJOURNMENT
Ms. Burch moved to adjourn. Vice Chairman Herrera seconded the
motion, and the motion passed unanimously. Chairman Asmus
adjourned the meeting at 8:22 P.M.
Carol Ann Ragone, Recordiin ecretary