Loading...
HomeMy WebLinkAbout01151997CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETiNG JANUARY 15, 1997 Chairman Generazio called the meeting to order at 2:05 P.M. ROLL CALL: PRESENT: Chmn. Generazio Mr. Oliver Mr. Goelz Mr. Colmelly Mr. May Mr. Costa Mr. Neglia (amved late) Mr. Coseo ALSO PRESENT: Ms. Valerie Settles, Board Attorney Randy Bonar, Code Enforcement Officer Dom Bosworth, Secretary Ann Brack, Recording Secretary (Chairman Generazio noted that Announcements would be covered under GENERAL DISCUSSION. APPROVAL OF MINUTES: MOTION by May/Connelly I make a motion that we approve the minutes. (September 18, 1996) A voice vote was taken. 7 - 0 motion carried. ANNOUNCEMENTS: Dom Bosworth, Secretary, announced that since Mr. Neglia was absent, Mr. Costa would be voting in his place. She also introduced Ann Brack, the new recording secretary for this Board. OLD BUSINES,,~...', None NEW,~.USINESS: Ms. Valerie Settles, Board Attorney announced that the City Council voted to change the City's Municipal Ordinances so that the City Attorney will represent the Board, and that as of this meeting, she will be representing this Board instead of the Code Enforcement inspectors. She noted that she has interviewed a young attorney from Veto Beach who has agreed to present cases for a minimal hourly rate of fifty dollars ($50.00) per hour. She is working with City Manager, SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 15, 1997 Tom Frame and George Bonacci to get him on board to present the eases. Ms. Settles also gave information about the kind of fines that can be assessed by this Board and referred to 162.06 and 162.09 of the Florida Statutes. In order to impose a fine on a violator, there has to be a repeat violation. It was noted that a violator must have appeared before the Board on a violation before it can then be considered a repeat violation when occurring again at a later time within a five (5) year period. There was some discussion on having a workshop with Ms. Settles. CASE b97-12335 - FRONDUTO - 114 HINCHMAN AVENUE - SECTION 20A-5.16.C.4 Ms. Settles, Board Attorney, swore in Randy Bonar, Code Enforcement Officer, who presented this case. Mr. Bonar noted that on January 4, 1997 he saw that Mr. Fronduto had a boat parked in his driveway. On January 8, the boat had not been relocated, and Mr. Bonar issued a summons to Mr. Fronduto to appear before the Board, based on past evidence. Mr. Bonar then noted that this had been the fourth time that he had been to the residence and spoke to Mr. Fronduto. Mr. Bonar also noted that he had been to this address in October, 1995; February, 1996; and June, 1996. In June of 1996 he issued a notice of violation for the same violation and had given him one day to remove the boat. He then submitted information and photos for the Board to examine. He explained that Mr. Fronduto has always been polite, and Mr. Bonar noWzl that he had explained the City Ordinance to Mr. Fronduto, and has done everything in his power to bring him into compliance. In response to a question from Chairman Generazio, Mr. Bonar responded that the boat was always on the trailer, and never had been under a state of repair. He also noted that the respondent could not be here today because of his employment, but submitted a letter of explanation from the respondent, copies of which were distributed to the Board. (Respondent - Exhibit A). Mr. Bonar noted that when he spoke with Mr. Fronduto, the respondent stated that he was aware of the Ordinance. It was noted that the boat was not moved until after Mr. Bonar delivered the summons. Chairman Generazio asked Mr. Bonar if this came to his attention as a &rive-by or was there a complaint logged. Mr. Bonar thought originally, there might have been a complaint, but mostly he saw this in his drive-by during normal routine. The latest event was when he was on week-end shift, he happened to be in that area. He noted that he did not speak to Mr. Fronduto about the boat on the week-end, but waited till the following Wednesday which would have given him plenty of time to place the boat in the proper place. There was discussion between Mr. Neglia and Mr. Bonax about the transmission leak from the vehicle that was used to move the boat and trailer. It was also noted that the boat seemed to be pulled into the driveway instead of backed in. SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 15, 1997 Mr. Bonar noted that the boat has since been relocated to the side of the building in accordance with City Ordinance. As staff, he recommended that Mr. Fronduto be fined $75.00. But, prior to today's meeting, he spoke with the Board Attorney, Ms. Settles, and he is now willing to go along with her recommendation. Ms. Settles recommended that the Board find Mr. Fronduto in violation of the Sebastian City Code, section 20A-5.16.C.4 by parking a boat in front of the front house line in a residentially zoned district. The fine may be imposed under the condition specified in section FS 162.091, Florida Statutes. The said recreational vehicle was relocated to the side of the building behind the front house line. She noted that FS 162.09 states that a fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) a day for the first violation and shall not exceed five hundred dollars ($500.00) a day for a repeat violation. A repeat violation is defined as a violation of a provision of a code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation. She suggested that if you find him in repeat violation and he comes back to you, you can fine him up to two hundred fffiy dollars ($250.00) for the first violation, and you can fine him up to five hundred dollars ($500.00) for the repeat violation. Ms. Settles noted that a fine could not be imposed at this point because there has been no repeat violation. She also suggest~l that the theory is that the whole purpose of this code enforcement section is to ensure compliance, and presumably that is why the drafters gave these violators that much latitude. Chairman Generazio asked why this violation had not been brought to the Board before now. Mr. Bonar suggested that through a workshop or internally, better criteria needs to be creaWA. He wants to be fair to violators, but needs more explicit guidelines as to when to bring it before the Board. Chairman Generazio recommended that the Board should find Mr. Fronduto in violation without a fine, with a right to set a fine at second violation. He also hotel that this situation is awkward because of the way that the Code is presently written. Ms. Settles noted that, in the instance that the violator had not brought the boat into compliance, in the final order, the Board should give him a date for compliance, in addition to finding him in violation, but you still could not fine him at this point. MOTION by Cosco/Goelz I make a motion that we find him in not compliance and we reserve the right to adjust the fine if and when the second violation occurs. Roll call: Mr. Goelz Yes Mr. Cosco Yes Mr. Connelly Yes Chnm. Generazio Yes Mr. May Yes Mr. Oliver Yes Mr. Neglia Yes CODE ENFORCEMENT BOARD MINUTES OF THE REGULAR MEETING OF JANUARY 15, 1997 ATTORNEY'S MATTERS: None Chairman Generazio mentioned Resolution No. 96-87 which is the quasi-judicial procedure check- list. He asked that copies be made available for all Board members. BUILDING OFFICIAL'S MATTERS: None GENERAL DISCUSSION: Mr. Ooclz mentioned the parking ordinance, 97-01, and that responsibility would lie with the code enforcement officer. Mr. Neglia suggested a scenario whereby a person was selling a boat and had the "For Sale" sign on his truck that pulled the boat. If he parked the track and trailer in the City parking lot, would he be in violation? Ms. Settles responded that if the person was present and the code enforcement officer spoke with him, he would find that out. If the person was not present and he got cited, he would have to come in, offer his explanation, and discretion would have to be used. She also noted that vehicles can not be advertised for sale on City property which includes swales, city parks, right-of-ways, etc. Mr. Neglia suggested that when there are no cases to be heard, the Board should meet every four (4) months or so to have a discussion. Chairman Generazio agreed, and noted that he has received indication that several members of the Board feel the same way. At this time, the Board indicated agreement. PUBLIC INp~,T..'. Mr. Herb Storm of 549 Saunders Street, who claimed to be an expert on the Code Enforcement Board in the City of Sebastian, spoke of opimons by the Attorney General on Code Enforcement. He suggested this information be obtained and workshopped by this Board. He voiced opposition to the Board's finding in the above case. MOTION by Connelly/May I move we adjourn. A voice vote was taken. 7 - 0 motion carried. The meeting was adjourned at 2:40 P.M. Minutes approved at D0rri Bo~w°r-th, Secretary Code Enforcement Board the ~, 199~meeting. , ~ai~an