As I mentioned in my column Welcome to My Ghetto!, with all the crappy looking properties in North Miami Beach you’d think Code Enforcement would be busy nailing people for things like junk in the yard, rooftop tarps, cars on cinder blocks, commercial vehicles in driveways and the like, right? In NMB, Code Enforcement has its work cut out for it.
And, yet, instead of enforcing the already arbitrary and confusing building code we have, Code Compliance Officer Eric Wardle seems to be targeting residents at random, especially those whose “violations” make no sense at all.
Take Scott and Goldie Sichak, for example. They received a Courtesy Notice from Code Compliance, advising them that they are “in violation of Sec. 24-92 (E) (1) (C) (1) of the City of North Miami Beach Code of Ordinances. This Section reads:
“After October 15, 2000, driveway or sidewalk pavement may not be installed within five (5) feet of an interior side lot line or ten (10) feet of a corner side lot line, except in the MH-1 and RS-5 Zoning Districts where the minimum distance shall be three (3) feet from an interior side lot line and five (5) feet from a corner side lot line.”
Mr. and Mrs. Sichak installed a small curved walkway leading from the paved driveway to a gate on the side of the house, obviously for the purpose of being able to walk to the gate without having to step on the grass. Here is a picture of the walkway:
Mr. Sichak told me that the end of the walkway is one foot from his lot line, which is within the five feet limit; however, considering it’s a small walkway and it adds to the aesthetics of the property, he believes he should be able to obtain a variance with no problem. FYI, his property ends at the edge of the grass, and his neighbor’s property begins with the brown tiled walkway alongside the neighbor’s driveway. Yet, for some reason, Eric Wardle didn’t seem to have a problem with THAT walkway, which is laid along his side of the lot line. What’s up with that? Selective enforcement, I guess.
EX-mayor Myron Rosner’s house, on the other hand, is a complete and utter disaster. As I reported in You are hereby deputized, according to our code, Myron should have no more than 40% of his lot covered with construction of any kind, including driveways, and yet his property is nearly 80% to 90% covered. There is almost NO green space whatsoever. Myron is currently in violation and fines are being added daily until such time as he brings his property into code. Unfortunately, Myron thinks the rules don’t apply to him, so he’s appealing the violation. He is such a horse’s ass! Here’s his property:
Meanwhile, Scott Sichak acknowledges that his walkway is against the code, but he also claims the code makes no sense whatsoever. For one thing, his fence is on the property line and he believes that a small sidewalk is even less intrusive than a fence.
“As long as it’s not obtrusive or hazardous, we should have the right to go to the edge of our property,” Mr. Sichak said. “It’s not as if I have a waterfall or a light with electrical runs. It’s just a small extension of the driveway. Our lots are too narrow to begin with, so the code should be modified to judge a property more by its aesthetics.”
It wouldn’t hurt to use common sense, either.
Mr. Sichak also provided me with a photograph of the house to his left with the soffit and facia practically falling off, which is also in desperate need of a paint job. Not to mention curtains instead of Saran Wrap on the windows. Oh, and taking down the Christmas lights before the Fourth of July wouldn’t be a bad idea, either. Here’s a picture of the House That Eric Ignored:
Hey, Eric! Aren’t those STEPPING STONES IN THE SWALE? That’s the same exact “violation” that Myron reported me for and that you made me remove, remember? More selective enforcement, I guess.
In all the discussions about code enforcement on the dais, the City Council has stated their desire to go after the big violations first, such as the ones I mentioned in the first paragraph, and then start an amnesty program for properties with minor infractions. I’d say this one would be a good start, Eric:
In my opinion, Mr. and Mrs. Sichak’s paved walkway shouldn’t even be on the list of minor infractions at all. However, since it is against the inexplicable code as it stands, they should be able to either receive a variance at the very least, or a complete and unconditional amnesty at best. Give it a rest, Wardle!
Stephanie Kienzle
“Spreading the Wealth”
It would seem that Sunny Isles Beach has selective enforcement too….OR Building Inspectors who suffer from temporary blindness on occasion.
Case in point: a high rise condo had over 40 security cameras installed without a city permit by an unlicensed contractor. This violation was reported to the City. An inspector came out and failed to see the large screen monitor display at the front desk or any of the 40 cameras prominently placed throughout the Lobby, garage areas, etc.
Incredibly his report stated “case closed – no evidence of work done.” Interesting to note that some of the condo board members had close ties to City Hall. Only after angry follow-up calls were made to the Building Dept. and the City Manager, was a violation given for the illegal, non-permitted work done. And not surprisingly the “anonymous” person who filed the complaint received retribution.
It seems to me, and I could be wrong, that our Code Compliance department only responds to complaints. Maybe they don’t have enough workers or maybe they ignore problems until someone “tattles” to them. Unfortunately for NMB homeowners, dilapidated cars and boats in permanent, backyard “dry dock” lower property values and offer shelter to rats, cats, and other creatures. These are the violations that are obvious to all, impact us all and should not require interventions by private citizens.
Eric Wardle gets his marching orders from the city manager. The city manager gets her marching orders from the council. His is probably the most impossible and thankless job in the city. If he fails to do his job, he is publicly humiliated. If he does his job, elected officials tell him to back off their peeps. Of course the latter all takes place behind closed doors.
I might be naive, but the very next day I got a text from Scott Sichak. He got a call from Wardle, who advised him that he does not have to apply for a variance and he can keep his walkway. Somebody at City Hall was paying attention.
Yeah, someone at City Hall was paying attention. But only because you pointed it out. I’m just saying, you are disparaging a puppet for the misdeeds of his puppet masters. He’s just a man with a job to do, trying to make a living. His masters, on the other hand, use him when it is convenient to pander for votes.