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HomeMy WebLinkAbout01201999 Crl'Y OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING JANUARY 20, 1999 Acting Chmn. Neglia called the meeting to order at 3:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: UNEXCUSEDABSENCE: ALSO PRESENT: Ms. Barczyk Actg. Chmn. Neglia Mr. Cosco Mr. Cavallo Mr. Connelly Ms. Griffin(a) Mr. Schofield and Ms. Merdtt Tracy Hass, Growth Management Director Richard Stringer, City Attorney Kathy Brauer, Code Enforcement Officer Timothy Zelinski, Code Enforcement Officer Ann Brack, Recording Secretary Dorri Bosworth, Secretary ANNOUNCEMENTS: Acting Chron. Neglia announced that Ms. Griffin(a) will be voting in place of Ms. Merritt. APPROVAL OF MINUTES: (Wkshp. 12/14/98, and Reg. Mtg. 12/16/98) MOTION by Connelly/Barczyk I move the minutes of the December 14th (1998) workshop be accepted. A voice vote was taken. The vote was 6-0. Motion carded. MOTION by Cavallo/Connelly I'd like to make a motion to approve the minutes of December 16th (1998). A voice vote was taken. The vote was 6-0. Motion carded. A. VIOLATION HEARING - CASE #98-14310 - Robert J. Kelly - 909 Beach Lane - Section 66.3(1), Code of Ordinances Mr. Robert Kelly was not present. Kathy Brauer was sworn in by Atty. Stringer at 3:05 pm. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 20, 1999 NEW BUSINESS: Ms. Brauer gave staff presentation and noted that at the property at 909 Beach Lane, the refrigerator has been removed, the dogs are gone, and the fence has been removed, and it has been cleaned up and is now very neat. There was discussion about the derelict refrigerator and it was determined that it would be covered by State Statute, and Mr. Zelinski noted that if it had not been disposed of, the police department would have been called in on this case. Ms. Barczyk noted the hazard of an empty refrigerator with the door still attached, and Actg. Chron. Neglia suggested that an ordinance covering this issue should be included in the City's Codes. This suggestion was noted. Ms. Brauer noted that at an eadier time, Mr. Kelly was cited for having a junk car on his property. There was discussion about whether or not this was a repeat violation. MOTION by Cosco/Neglia I would make a motion that we find them in non-compliance and without a fine, Case #98-14310, and the Board has the option of finding them on a repeat basis- (Added) - and could be fined up to $250 dollars per day. Roll call: Mr. Connelly - yes Ms. Griffin(a) - yes Mr. Cavallo - yes Ms. Barczyk - yes Actg. Chron. Neglia -yes Mr. Cosco -yes The vote was 6 - 0. Motion carded. At this point Actg. Chmn. Neglia suggested switching the next two items on the agenda, and all present agreed. B. REPORT FROM STAFF regarding Noncompliance- Case ~98-14117 - 704 Madison Avenue - Michael MacVicar Mr. Michael MacVicar, tenant, and Ms. Connie Cieslak, owner, were present, wished to speak, and were sworn in at 3:13 pm. by Atty. Stringer. Ms. Brauer gave staff report and noted that on her visit to this property on January 1, 1999, the crops were still in the front yard, and she noted that they were to have been removed by midnight, December 31, 1998. She then noted that she visited the site this morning, January 20, 1999, and presented two photographs, Exhibits 1 and 2, and noted that some of the crops have been removed, and some new plantings have been put in, and Mr. MacVicar is still not in compliance. The photos were passed to the Board for them to see. Actg. Chmn. Neglia noted that Mr. MacVicar has been in violation since January 1, 1999, and Ms. Brauer concurred. Ms. Brauer then noted that Mr. MacVicar had gone before CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 20, 1999 the Planning and Zoning Commission for permission to plant in the right-of-way, and P & Z denied his request. Mr. Michael MacVicar, 704 Madison Avenue, Sebastian, responded that he understood that Planning and Zoning Commission's motion did not give him permission to re-plant. (Secretary's note - P & Z's motion did not contain this wording.) He then proceeded to explain why he didn't take his crops out on December 31st, 1998. He mentioned a risk of wash-out and erosion, and temporary plantings. Actg. Chron. Neglia suggested to Mr. MacVicar that he move his garden to the back yard. Mr. MacVicar asked that the fine be waived since he had been waiting to get approval from P & Z, and he felt he should have been heard by P & Z much sooner. Actg. Chmn. Neglia referred to minutes of previous meetings that Mr. MacVicar attended, noted the wording of the motions, and also comments made by Mr. MacVicar. Mr. Cosco asked Ms. Ceislak if she had some way to clear these vegetables from the front yard area that is in violation if Mr. MacVicar fails to do it, and Ms. Ceislak respond- ed that she did. It was clarified that all vegetables within forty (40) feet from the center of the street must be removed. MOTION by Cosce/Gdffin I make a motion that we find Mr. MacVicar and Connie Ceislak, Case(Order)#98- 14117, find them in non-compliance, as of January 1st, 1999, and that the fines be instituted at $50 dollars per day as of January 1st, 1999. Roll call: Ms. Barczyk - yes Mr. Cavallo - yes Actg. Chmn. Neglia - yes Mr. Connelly - yes Mr. Cosco - yes Ms. Griffin(a) - yes The vote was 6 - 0. Motion carded. MOTION by Cosco/Barczyk I will make a motion to reconsider the last motion that was approved. A voice vote was taken. 6-0 motion carried. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 20, 1999 MOTION by Cosco/Cavallo I would like to make a motion pertaining to complaint #~38-14117, that we find Mr. MacVicar and Ms. Ceislak in non-compliance, and that they have forty-eight (48) hours in which to come into compliance, which means from forty (40) feet from the center of the road is the right-of-way, that all of that growth, whatever is in there, be removed, otherwise the $50 per day fine will revert back to January 1`t, 1999. Roll call: Mr. Connelly - yes Ms. Griffin(a) - yes Mr. Cavallo - yes Ms. Barczyk - yes Actg. Chmn. Neglia - yes Mr. Cosco - yes The vote was 6 - 0. Motion carded. For the record, it is now 3:45 pm on January 20, 1999. C. DISCUSSION - Direction from Board to City Attorney regarding Foreclosure on Lien - 1647 Indian River Drive - Case f~J8-13684 - Robert Taylor Atty. Stdnger gave a status report on this issue. He noted that the lien is running. There was discussion on this Case. There was consensus by this Code Enforcement Board for Atty. Stringer to proceed to present it to City Council and recommend a lien be filed. ATTORNEY MATTERS: Atty. Stdnger noted that Mr. Lund from Louisiana Avenue is not happy with the lien of $7,500. He informed City Council that Mr. Lund's next step would be to go to the Circuit Court with an appeal, but he noted that Mr. Lund is not the record owner, and does not have standing to appeal. Atty. Stringer commented that Mr. Lund needs to get an attorney because it is a little more complicated than he thinks. Atty. Stringer also noted that he has located a box that holds examples of calculating administrative costs, and he will bring this information back to a future meeting. MEMBERS MATTERS: Election of Chairman and Vice Chairman Mr. Connelly nominated Sal Neglia to be permanent Chairman for the next couple of years. There were no other nominations for Chairman, and Mr. Neglia accepted the Chairmanship. CODE ENFORCEMENT BOARD MINUTES Of REGULAR MEETING OF JANUARY 20, 1999 Mr. Cosco nominated Mr. Connelly for Vice Chairman. Mr. Connelly nominated Mr. Cosco for Vice Chairman. Mr. Connelly declined the nomination with appreciation. There were no other nominations and Mr. Co$co accepted the Vice Chairmanship. GENERAL DlSCU,SSlON: Chmn. Neglia inquired about applicants for the Alternate position. Ms. Bosworth noted that applicants will go before City Council on january 27, 1999. Mr. Connelly asked for the status of the "tickets" or citations for Code Enforcement. Mr. Zelinski offered to arrange for a code officer from Malabar to come before this Board and give a description and explanation on this issue. Mr. Hass indicated that "citations" are one of the options listed under the Code, but to date no specific system has been developed. Mr. Connelly inquired about the monthly accounting (of cases) as discussed at the 12/14/98 meeting. Mr. Hass responded that as soon as the network is up and running, the information gathering process can be perfected. Chmn. Neglia inquired about no longer having this Code Enforcement Board aired on Falcon Cable Channel 35, and asked if it is too expensive to put it back on this Channel. Mr. Hass responded that part of the contract agreement between Falcon Cable and the City of Sebastian is for only City Council and Planning and Zoning Commission meetings to be aired over this local access channel. Ms. Griffin inquired as to why P & Z members were permitted to visit the site of Mr. MacVicar's "garden" on Madison Street, and the differences between P & Z and Code Enforcement Board were explained. Ms. Baraczyk inquired about an ordinance covering abandoned refrigerators with doors left on them. Mr. Hass and Atty. Stringer agreed to check into this issue. Chmn. Neglia adjoumed the meet at 4:07 pm. (1/25/99 AB) Ci~ of Seb~stimq_ ~s ~^~ s?~ [] S~AS~'~^~. ~,O~C~A CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD APPROVED AT MEETING HELD E. ANN BRACK