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HomeMy WebLinkAbout02041998 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL/ CODE ENFORCEMENT BOARD JOINT WORKSHOP AGENDA WEDNESDAY, FEBRUARY 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-97-21). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ~ORKS[10P ITEMS 98.033 1-~ Code Enforcement Matters 2. 3. 4. 5. 6. 7. 8. Introduction Florida Statutes City of Sebastian Code Enforcement Code Enforcement Procedures Code Enforcement Activities Staff's Evaluation Council Questions and Discussion Council Direction 5. ADJOURN ANY PERSON WttO DECIDES TO APPEAL ANY DECISION MADE BY THE CfIT COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WiLL NFFD A RECORD OF TIIE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS 77) BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITH THE AM~S WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM340DATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5530 AT LF.4ST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing As$istance Headphones are Available in Council Chambers for all Government Meet~ngs. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL/ CODE ENFORCEMENT BOARD JOINT WORKSHOP MINUTES WEDNESDAY, FEBRUARY 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Pres¢[lt: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mi-. Larry Paul Mrs. Ruth Sullivan Code Enforcement Board Members Present: Thomas Connelly Joseph Flescher Joseph Generazio Mack May Salvatore Neglia Michael Oliver StoffPresent: City Manager, Thomas Frame (7:25 p.m.) City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Chief of Police, Randy White Director of Community Development, Bob Massarelli Building Official, George Bonacci Code Inspector, Ken Schmitt Code Inspector, Randy Bonar Deputy City Clerk, Sally Maio __City Counci/Code Enforcement Board Workshop ebruary 4, 1998 Page Two 98.033 4. WORKSHOP ITEMS Code Enforcement Matters 1. Introduction It was the consensus of City Council to allow public input after staff presentation. The Director of Community Development introduced the Code Enforcement Board and staff members, explained the Code Enforcement process, gave a presentation as outlined on the agenda and recommended problems be reviewed and methods be implemented to improve the process. 2. Florida Stattttg~ The City Attorney reviewed and explained FS 162.01 through 162.13. She said that staffis currently working on ways to improve the process of legal representation. 3. City of Sebastian Cog[~ ]~,llforcement The City Attorney reviewed and explained the City's Codes relative to Code Enforcement. She cited those provisions that do not track Florida Statutes and may be in conflict. 4. Code Enforcement Procedures The Director of Community Development explained the relationship of Code Enforcement to other activities of the department, and noted that good Code Enforcement requires good codes to follow. He reviewed Code Enforcement procedures, specifically noting that complainants are not required to leave a name, thereby making it difficult to follow through to notify complainants about the outcome of a matter. He said Code Enforcement inspectors try to work with property owners to comply. The City Attorney said matters are brought before the board even when corrected once a notice of violation is issued so that the matter is of record for future repeat violations. 5. Code Enforcem~lll; A~:tivities The Director of Community Development presented charts showing Code Enforcement activity for one of the officers for 1997 which indicate the officer works with property owners toward compliance. TAPE I - SIDE II (7:45 p.m.) The Director of Community Development presented another chart showing activity from 1993 to 1997. 2 City Council/Code Enforcement Board Workshop 74, 1998 Page Three 6. StaWs Eya!uation The Director of Community Development explained the new Code Enforcement computer system being implemented and said Code Enforcement needs: * written procedures o better cost accounting o to bring better cases to the board with clearly stated cases, evidence, witnesses, subpoenas, orders o to impose fines when it can, however, compliance is more important ° to do a better job of reporting activities, which the new software will generate ° consistency in the Code (he cited examples of conflicts in several areas) He closed by saying staff recognizes there is room for improvement and is taking steps to improve the system. Public Ir~ut/(2ooncil Questions and Discussion Mayor Barnes requested that Corrine Van Buskirk be allowed to speak at this time because she had to leave. Ms. Van Buskirk submitted a letter of request for a written response to her several inquiries on Vickers Grove sandmine relative to compliance with submittal of annual reports, bonds and setbacks. The Director of Community Development said for the last two years the reports were incomplete, however, the property owner had been notified and he had submitted a corrected report. Ms. Van Buskirk said the report does not coincide with what was permitted. Mayor Barnes requested Ms. Van Buskirk to leave her letter with the City Clerk who would copy it to Council; and directed the City Manager to look into it. Keith Miller, 961 Riviera Avenue, Sebastian, cited several areas where he felt there were violations: · vehicle with signs parked permanently on US 1, which he said, FDOT says is parked illegally · vehicle parked perpendicular to street in swale · pontoon boat in front yard Harry Thomas, 654 Balboa Street, Sebastian, said he does not apologize for his statement about appearance of impropriety, asking if enforcement is based on who you are and what your name is. Counci/Code Enforcement Board Workshop February 4, 1998 Page Four Discussion took place on the Carmody home occupation case which has been pending for several years. Randy Bonar said he had been following up on recent complaints. Mayor Barnes requested a follow-up report. TAPE II - SIDE I (8:30 p.m.) The Building Official said state law is very confusing and recommended that either Code Enforcement be put under the Police Department or that the City hire another department head who has enforcement capability. The City Manager said not every case is easy to handle, that there had to be reasonable cause to make a case, and that some cases can take years. He cited the case on Vocelle Avenue and said perhaps a quicker response time is needed; said he agrees with anonymous complaints, but that it creates a problem when the complainant cannot be notified of action; said one option that could be looked at would be to put Code Enforcement under the Police Department and put them in uniforms; he said a pro-active approach and strong policy direction is necessary; and suggested reports and data be compiled by staff as well as a status report to be brought back in 60 to 90 days relative to on- going cases. Mayor Barnes called recess at 8:45 p.m., stated that following the recess, he would allow public input until 9:45 p.m. at which time Council would give its input. He reconvened the meeting at 8:55 p.m. Ail members were present. Dennis O'Hara, 350 Georgia Boulevard, Sebastian, said he had contacted Code Enforcement many times regarding a security light in a neighbor's yard and had received no response. The Building Official said he had discussed it with the City Manager and that the Code had no provision for wattage. The Director of Community Development and City Manager said the nuisance code and other codes need to be written to be enforceable. Bob Freeland, 733 Wentworth Street, Sebastian, discussed a Board of Adjustment meeting of September 2, 1997 relative to the Charles Bailey, Vocelle Avenue matter. He said it appeared Mr. Bailey was given special consideration by staff members and that it was time someone look into this department. Al Vilardi, 445 Georgia Boulevard, Sebastian, cited several areas where he felt there were violations: · decorative signs at Kennel on US 1 ° car lot on US 1 having too many cars and boats · Sembler platform 4 __City Counci/Code Enforcement Board Workshop ebmary 4, 1998 Page Five The Director of Community Dovelopment responded that the boats are registered and owned by the ear lot owner; and the City Attorney responded that a former Council executed an agreement for the Sembler platform which binds current Council. Joe Generazio, Code Enforcement chairman, said he did not believe in personal attacks; TAPE II - SIDE II (9:30 p.m.) that inspectors were doing a good job, however, the question of"reasonable time" needs to be looked at; and recommended that all parties work together to work on codes to get them fixed so they make sense. Mayor Barnes suggested that the board could come up with some ideas on amendments to the Code. Mr. Generazio said he would be happy to do so; recommended that "prima facie evidence" be clarified; and suggested using a docket number for complaints. Martha Wininger, 106 Thunderbird Drive, Sebastian, cited two areas she felt were violations: · sand on Thunderbird Drive from Calvary Baptist Church parking lot · cleating of acres of trees around Thunderbird Drive The Director of Community Development responded that the developer had applied for a grubbing permit and that he had personally walked the site and found no trees larger than four feet;.and that he was working with Calvary Baptist Church on paving its driveway. Fred Wininger, 106 Thunderbird Drive, Sebastian, said Vero Beach has one Code Enforcement officer who is a police officer and suggested contacting him; said the Public Works Director directed five men with five trucks to clean up sand on Thunderbird Drive for four hours and should be fired; said Code Enforcement has a terrible system; and said Cornerstone signs in fight-of-way on Schumann have been an on-going problem. The City Manager said the public works crew began a large area curb and gutter clean up on Thunderbird and it was not done for the church. Mayor Barnes at this time called an end to public input, and Mrs. Cartwright and Tut Connelly protested. Counci/Code Enforcement Board Workshop February 4, 1998 Page Six 8. Council Direction Mayor Barnes cited several areas he felt needed attention: · Bailey matter needs closure · the building moved to the Stevenson property · sufficiency of Captain Hiram's parking Mrs. Sullivan said Planning and Zoning had approved a small addition for Captain Hirams, but a Code Enforcement member had taken photos and found it to be in opposition of what was approved. The Director of Community Development said building permits were issued to Captain Hirams in compliance with its site plan. The Mayor continued, citing a commercial truck parked illegally on Melrose which had been given 30 days to be removed, suggesting 24 hours would be more than adequate. He cited other trucks parked on Easy and Schumann as well as RVS and trailers, and a property on Drawdy with ten cars parked. He said that things that clutter up neighborhoods can be addressed without complaints being filed. The City Manager said code inspectors need to advise management of technical problems which exist that prevent them from enforcing codes so they can be addressed. Mayor Barnes recommended written policies, and a review of administrative policies. Mr. Paul suggested staff start now and do a 90 to 180 day evaluation of on-going matters; agreed with the docket number; agreed with uniforms; looking into flex hours and putting teeth into the law to assist inspectors. In response to Mr. Taracka, the City Attorney said by choosing Florida Statutes you are bound by it, but the City could choose to establish its own procedures. Mr. Taraeka recommended reevaluating "reasonable time" and recommended state certification for at least one inspector. Mr. Taracka discussed the US I deli matter whereby tables and chairs were installed without proper permits, questioned why it took so long to bring them into compliance, and said it should have been handled in a more timely manner. TAPE III - SIDE I (10:20 p.m.) The Director of Community Development asked if it was a policy direction that staff should have had the items removed or a property shut down until it is in compliance with an approved site plan. Mr. Generazio suggested putting a lock on the doors, however, the City Manager said City staff cannot be locking doors. 6 ity Counci/Code Enforcement Board Workshop ebruary 4, 1998 Page Seven The Director of Commumty Development explained that the violation was that a restaurant with seating is a conditional use in this district and that there are other restaurants there that do not comply; and, if this is the direction of Council, he would have to notify others immediately. The City Attorney said there would be estoppel problems with such drastic measures, but'staff could notify them they are not in compliance. The City Manager said from this discussion it appears there is confusion. He said while it is easy to criticize and say go out and take care of it, that staffhas legal issues it has to abide by. Mrs. Cartwright noted that inspectors do work on Saturday mornings; said she agreed with using docket numbers and putting the onus on the complainant to follow up with a phone call; agreed with fixing the Code; suggested readdressing the City Attorney being the board attorney; and said Council needs to give staff legislation it can enforce. Mr. Generazio said the top priority was amending code language; and said he didn't believe the Vero code inspector had the same responsibilities as Sebastian's. Mayor Barnes and the City Manager suggested maintaining daily logs. 5. Being no further business, Mayor Barnes adjourned the workshop at 10:45 p.m. Approved ~ the ~i~_f~ 1998, Regular City Council Meeting. Walter W. Barnes Mayor