HomeMy WebLinkAbout03171993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CODE ENFORCEMENT BOARD
REGULAR MEETING
MARCH 17t 1993 - 2:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 17, 1993
ATTORNEY'S MATTERS:
OLD BUSINESS: NONE
NEW BUSINESS:
CASE# 92-7475
DAVID A. KOZDRA
CASE# 93-7618
JOHN GARVEY
CASE# 93-7680
TIMOTHY & BETTY MILLER
DISCUSS PROPOSED CODE ENFORCEMENT BOARD HEARING PROCEDURE
BOARD ATTORNEY REQUESTS AND REPORTS:
BUILDING OFFICIAL'S MATTERS:
GENERAL DISCUSSION:
PUBLIC INPUT:
ADJOURN:
NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON
THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL
IS BASED.
COD_~E ENFORCEMENT BOARD
REGULAR MEETING
MARCH 17~ 199~3 - 2:0____q0 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2.05
P.M. '
ROLL CALL:
PRESENT:
EXCUSED:
MRS. KOSTENBADER
MR. METCALF
CHAIRM-ANDEROBERTIS
MR. NiCOLINI
VICE CHAIRMAN FISCHER
ATTORNEY LULICH
MR. TOZZOLO
LATE: MR. GILLIAMS
PRESENT: ROBERT N. NiCHOLSON, CODE ENFORCEMENT OFFICER
GREGORY HANSEN, CITY ATTORNEY'S OFFICE
APPROVAL OF MINUTES:
A MOTION WAS MADE BY VICE CHAIRMAN FISCHER, SECONDED BY MR.
METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON
FEBRUARY 17, 1993.
MOTION CARRIED.
ATTORNEY'S MATTERS:
CHAIRMAN DEROBERTIS WELCOMED MR. HANSEN WHO IS FILLING IN FOR
RICHARD TORPY.
OLD BUSINESS: NONE
NEW BUSINESS:
MR. HANSEN FROM THE CITY ATTORNEY'S OFFICE STATED THAT THE
CITY REQUESTED CASE# 93-7618 BE THE FINAL CASE ON THE AGENDA
BECAUSE IT WILL TAKE MORE TIME.
CASE# 92-7475
DAVID A. KOZDRA
ATTORNEY LULICH SWORN iN EVERYONE THAT WILL TESTIFY DURING
THIS MEETING. MR. KOZDRA WAS NOT PRESENT AT THIS MEETING.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 17, 1993
PAGE 2
MR. HANSEN QUESTIONED MR. NICHOLSON CONCERNING THIS CASE.
MR. NICHOLSON WAS NOTIFIED BY THE SEBASTIAN POLICE DEPARTMENT
THAT DAVID KOZDRA OF 790 VOCELLE AVENUE, LOT 3, BLOCK 117,
UNIT #2 HAD A BURGULAR ALARM AND DID NOT HAVE A PERMIT. THE
ORDINANCE NUMBER IS 39-36 FOR ALARM PERMITS. ON 12/2/92, HE
CALLED MR. KOZDRA'S RESIDENCE AND LEFT A MESSAGE ON HIS
RECORDER ASKING HIM TO COME IN AND GET A PERMIT. WE THEN
SERVED HIM A LETTER ON 1/7/93 WHICH MR. NICHOLSON HA-NDCARRIED
AND SERVED TO MR. KOZDRA'S SON (ADAM) WHO iS 18 YEARS OF AGE
GRANTING 10 DAYS TO OBTAIN THE PERMIT. ON 1/22/93 MR. KOZDRA
DID NOT APPLY FOR A PERMIT THEREFORE, WE FORWARDED THE CASE
TO THE BOARD. ON 2/24/93, HE WAS SERVED BY THE SEBASTIAN
POLICE DEPARTMENT. MR. KOZDRA WROTE ON THE ENVELOPE "REFUSED
TO SIGN BY DAVID KOZDRA" BUT, HE WAS IDENTIFIED BY THE
SEBASTIAN POLICE OFFICER. HE THEN CAME IN AND WAS GRANTED A
PERMIT ON MARCH 4, 1993 WHICH WAS AFTER BEING SERVED TO
APPEAR BEFORE THE BOARD.
MR. HANSEN SUBMITTED THE ORIGINAL VIOLATION LETTER DATED
1/6/93 WHICH WAS HANDCARRIED BY MR. NICHOLSON ON 1/7/93 AS
EXHIBIT #1. THE NOTICE OF VIOLATION HEARING WHICH WAS
SERVED BY THE SEBASTIAN POLICE DEPARTMENT ON 2/24/93 WAS
SUBMITTED AS EXHIBIT #2.
THE CITY'S RECOMMENDATION WAS TO FIND MR. KOZDRA IN VIOLATION
AND IMPOSE A ONE TIME FLAT FINE OF $25.00.
A MOTION WAS MADE BY MR. METCALF, SECONDED BY VICE CHAIRMAN
FISCHER IN REFERENCE TO CASE# 92-7475 OF A ViOLATiON OF
ARTICLE 2 ALARM SYSTEMS, SECTION 39-36 INVOLVING MR. DAVID A.
KOZDRA THAT A VIOLATION DID OCCUR AND THAT MR. KOZDRA CAUSED
THE VIOLATION. THE VIOLATION CONSISTED OF INSTALLATION OF AN
ALARM SYSTEM WITHOUT A PERMIT AS REQUIRED UNDER THE ABOVE
SECTION. THEREFORE AN ORDER OF ENFORCEMENT TO CORRECT THE
VIOLATION IS WARRANTED. A FINE OF $25.00 IS IMPOSED TO BE
PAID NOT LATER THAN 10 DAYS AFTER RECEIPT OF NOTICE OF THIS
MEETING.
MR. COOPER ASKED IF THE VIOLATION WAS ALREADY CORRECTED.
NICHOLSON STATED THE VIOLATION WAS CORRECTED ON MARCH 4,
1993. MR. METCALF STOOD CORRECTED ON THAT.
MR.
MR. NICOLiNI SUGGESTED A $50.00 FINE BE IMPOSED iNSTEAD OF
$25.00 SINCE MR. KOZDRA TOOK SO LONG TO GET A PERMIT.
COD~E ENFORCEMENT BOAR~D - REGULAR MEETING - MARCH ~ .,1993
PAGE 3
MR. NICOLINI AMENDED THE MOTION TO INCREASE THE FINE TO
$50.00. MR. METCALF SECONDED THIS AMENDED MOTION.
CARRIED.
CASE# 93-7680
TIMOTHY & BETTY MILLER
MR. & MRS. MILLER WERE NOT PRESENT.
MR. MILLER STOPPED IN THE OFFICE A/~D STATED HE WOULD NOT BE
ABLE TO MAKE THE MEETING.
MR. HANSEN QUESTIONED MR. NICHOLSON REGARDING THIS CASE. ON
JANUARY 26, 1993, MR. NICHOLSON RECEIVED A COMPLAINT THAT MR.
& MRS. MILLER HAD A JUNK PICKUP TRUCK IN THE FRONT YARD (1782
STARFISH LANE, LOT 22, BLOCK 401, UNIT #11 WITHIN THE CITY
LIMITS). HE OBSERVED A 1956 FORD PICKUP THAT APPEARED TO BE
INOPERABLE WHICH IS A VIOLATION OF SECTION 86-47. AS NO ONE
WAS HOME, MR. NICHOLSON SENT A WRITTEN NOTICE OF VIOLATION ON
JANUARY 27, 1993 BY CERTIFIED MAIL. THE NOTICE WAS RECEIVED
ON 1/28/93 AND THE RECIPIENT WAS BETTY MILLER. A RECHECK ON
2/12/93 REVEALED THAT THE TRUCK HAD BEEN RELOCATED TO THE
REAR YARD BUT HOWEVER NOT FROM THE PROPERTY. THE CASE WAS
CERTIFIED TO THE BOARD ON 2/23/93. THEY WERE NOTIFIED BY
CERTIFIED MAIL WHICH WAS RECEIVED 2/24/93 AND SIGNED FOR BY
TIMOTHY MILLER. A RECHECK WAS DONE ON MARCH 9, 1993 AND THE
TRUCK HAD BEEN REMOVED.
THE ORIGINAL VIOLATION LETTER RECEIVED 1/28/93 WAS SUBMITTED
AS EXHIBIT #1. THE NOTICE OF VIOLATION HEARING RECEIVED
2/24/93 WAS SUBMITTED AS EXHIBIT #2. A PHOTO OF THE PICKUP
TRUCK IN THE FRONT YARD TAKEN 1/12/93 WAS SUBMITTED AS
EXHIBIT #3.
THE RECOMMENDATION BY THE CITY IS THERE NOT BE A FINE BUT WE
ARE SEEKING AN ORDER OF VIOLATION REGARDING THIS INCIDENT.
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF IN
REFERENCE TO CASE# 93-7680 OF A VIOLATION OF JUNK AUTO,
SECTION 86-47, INVOLVING MR. & MRS. TIMOTHY MILLER, THAT A
CODE ENFORCEMENT BOARD - REGULAR MEETING - .MARCH
PAGE 4
1993
VIOLATION DID OCCUR AND THAT MR. & MRS. MILLER CAUSED THE
VIOLATION. THE VIOLATION CONSISTED OF A JUNK AUTO ON
PROPERTY WITHIN THE CITY. THEREFORE AN ORDER OF ENFORCEMENT
TO CORRECT THE VIOLATION IS WARRANTED. THE VIOLATION HAS
BEEN CORRECTED AND NO FINE SHOULD BE IMPOSED AT THIS TIME
SIMPLY TO HAVE THIS ON RECORD IN CASE OF REOCCURANCE OF THIS
VIOLATION.
CARRIED.
CASE# 93-7618
JOHN GARVEY
ATTORNEY LULICH ALSO SWORE IN MR. TIM SMITH, CITY ENGINEERING
TECHNICIAN WHO WILL BE TESIFYING. MR. & MRS. GARVEY WERE
PRESENT. ATTORNEY LULICH READ THE ORDINANCE TO MR. GARVEY.
MR. HANSEN QUESTIONED MR. NICHOLSON CONCERNING THIS CASE.
MR. NICHOLSON WAS INFORMED ON 1/13/93 BY THE ENGINEERING
DEPARTMENT THAT THE SWALE AROUND MR. GARVEY'S HOUSE HAD BEEN
FILLED IN. HE LIVES AT 1673 QUAKER LANE (LOTS 10 & 11, BLOCK
334, UNIT #13. MR. NICHOLSON NOTED THE SWALE HAD BEEN FILLED
IN WITH SAND ALL THE WAY AROUND THE CORNER LOT. HE ASKED MR.
GARVEY TO REMOVE IT BUT HE WANTED TO GO THROUGH THE FORMAL
NOTIFICATION PROCESS. A CERTIFIED LETTER WAS MAILED ON
1/19/93 WHICH HE SIGNED FOR ON 1/20/93. A RECHECK OF THE
SWALE WAS DONE ON 2/20/93 AND THE FILL HAD NOT BEEN REMOVED.
THEREFORE, ON 2/23/93 MR. GARVEY WAS SENT A CERTIFIED LETTER
TO APPEAR BEFORE THIS BOARD. MR. GARVEY SIGNED THE RECEIPT
ON 2/25/93. ON 3/15/93 (MONDAY) THERE APPEARED TO BE NO
CHANGE ON THE PROPERTY. THE SWALE WAS COMPLETELY FILLED IN.
MR. HANSEN SUBMITTED COMPOSITE EXHIBIT #1 WHICH CONSISTED OF
FIVE PHOTOGRAPHS WHICH WERE TAKEN ON 1/19/93. THE ORIGINAL
VIOLATION LETTER DATED 1/18/93 ADVISING MR. GARVEY THAT HE
WAS IN VIOLATION OF 26-2 OF THE CODE OF ORDINANCES AND THAT
HE HAD OBSTRUCTED THE NATURAL FLOW OF WATER WAS SUBMITTED AS
EXHIBIT #2. THE NOTICE OF VIOLATION HEARING RECEIVED ON
2/25/93 BY MR. GARVEY WAS ALSO SUBMITTED AS EXHIBIT #3.
MR. GARVEY ASKED MR. NICHOLSON IF HE SAW HIM PLANT THE GRASS
OR PUT THE FILL IN. MR. NICHOLSON STATED NO. HE STATED HE
CONTACTED MR. COOPER, MR. ECKIS AND MR. MCCLARY AND NOTHING
HAS BEEN DONE. MR. GARVEY HAD TWO LETTERS FROM MR. MCCLARY
STATING HE WOULD TAKE CARE OF ALL THE SWALE PROBLEMS.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 17~_ .1993
PAGE 5
THE CITY CONTINUED THEIR QUESTIONING. THEY CALLED TIM SMITH,
ENGINEERING TECHNICIAN. MR. HANSEN SHOWED THE COMPOSITE
EXHIBIT #1 PHOTOS TO MR. SMITH. IT WAS BROUGHT TO MR.
SMITH'S ATTENTION THROUGH THE ENGINEERING DEPARTMENT THAT
THERE HAD BEEN FILL UP TO THAT SWALE. HE OBSERVED THAT THE
EDGE OF THE SWALE AT THE EDGE OF THE PAVEMENT WAS BUILT UP 3
OR 4 INCHES OVER WHAT THE EXISTING SWALE WAS BEFORE THAT.
THE FILL IN THE SWALE WOULD MODIFY THE DRAINAGE. MR. SMITH
FILLED OUT A FIELD REPORT STATING WHAT HE HAD SEEN AND
FORWARDED IT TO CODE ENFORCEMENT.
MR. GARVEY ASKED MR. SMITH IF HE WAS AN ENGINEER. MR. SMITH
STATED NO. MR. HANSEN ASKED MR. SMITH WHAT HIS CAPACITY WAS
WITH THE CITY. HE STATED HE IS AN ENGINEERING TECHNICIAN AND
WAS CAPABLE OF ASCERTAINING MODIFICATIONS OF A SWALE OF THE
TYPE THAT EXISTED ON THIS PROPERTY.
ATTORNEY LULICH SWORE IN BRUCE COOPER, BUILDING OFFICIAL.
JUST FOR CLARIFICATION, MR. COOPER STATED THAT OUR
DEPARTMENT IS STRICTLY IN CODE ENFORCEMENT AND IF MR. GARVEY
HAS MADE A STATEMENT OR TWO CONCERNING DRAINAGE PROBLEMS,
THOSE ITEMS HAVE BEEN ADDRESSED THROUGH THE PROPER CHANNELS,
THROUGH THE ENGINEERING DEPARTMENT OR THE CITY MANAGER. MR.
GARVEY REFERRED TO MR. COOPER NOT DOING ANYTHING. THE CODE
ENFORCEMENT DEPARTMENT DOES NOT HANDLE DRAINAGE. THIS
DEPARTMENT ONLY HANDLES THE ENFORCEMENT OF IT.
MR. GARVEY STATED WHEN MR. THOMAS CAME OUT, HE ASKED HIM WHAT
HE WAS DOING OUT THERE THE OTHER DAY. THIS IS FOUR YEARS
NOW. NOBODY WANTS TO TELL HIM ANYTHING ABOUT DRAINAGE. HE
STATED HE HAS DONE NOTHING WRONG. THE SAND WAS BROUGHT IN
FOR HIS GRASS. MR. GARVEY ASKED TIM SMITH HOW DEEP A SWALE
IS SUPPOSE TO BE. TIM STATED IN MOST AREAS THE SWALE IS 1
FOOT BELOW THE CROWN OF THE ROAD DEPENDING ON HOW CLOSE YOU
ARE TO THE HIGH POINT OF THE SWALE OR HOW CLOSE YOU ARE TO
THE OUTFALL OF THE SWALE.
MR. COOPER ASKED MR. GARVEY IF TIM SMITH COMES OUT AND TELLS
HIM WHAT THE SWALE SHOULD BE, WOULD HE BE WILLING TO RECTIFY
THE SWALE. MR. GARVEY STATED MR. THOMAS WAS OUT THERE ON
3/16/93 SINCE THE FIRST TIME HE GAVE DRAINAGE MAPS TO HIM.
MR. THOMAS STATED THAT THEY WILL TAKE CARE OF IT.
MRS. MARY GARVEY STATED THAT THERE HAS NEVER BEEN A SWALE AT
THEIR HOME. SHE READ A LETTER FROM MR. MCCLARY, CITY
MANAGER. MRS. GARVEY SUBMITTED THIS LETTER DATED JUNE 21,
1988 AS EXHIBIT #1. A SECOND LETTER DATED AUGUST 1, 1988 WAS
ALSO SUBMITTED AS EXHIBIT #2.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 17~ 1993
PAGE 6
MRS. GARVEY ALSO STATED TO MR. COOPER THAT TO THE BEST OF HER
KNOWLEDGE, PUBLIC WORKS HAS NEVER CORRECTED THE SWALE IN
THEIR AREA. MR. COOPER ASKED MR. SMITH IF HE KNEW WHEN WAS
THE LAST MAJOR OVERHAUL OF THE DRAINAGE SYSTEM IN THAT
IMMEDIATE AREA INCLUDING THIS LOT. MR. SMITH STATED ABOUT 5
YEARS AGO ALOT OF WORK WAS DONE IN THAT AREA. MR. SMITH
STATED THEY REDID THE SWALE FROM MR. GARVEY'S HOUSE ALL THE
WAY TO THE OUTFALL ON STONECROP. MRS. GARVEY STATED NEVER
THE SWALE BUT THEY DID THE ROAD.
MR. METCALF WAS EXCUSED AT 3:00 P.M.
MR. COOPER STATED THE CITY IS RECOMMENDING 15 DAYS TO CORRECT
THE SWALE ACCORDING TO THE ENGINEERING SPECIFICATIONS AND
WILL THEN SEEK NO FURTHER ACTION ON THIS CASE.
MR. HANSEN ASKED MRS. GARVEY REGARDLESS OF CORRECTIVE ACTION
THAT YOU DON'T FEEL HAS BEEN TAKEN, SINCE 1988 WEREN'T YOU
AWARE THAT IT WAS NOT PROPER FOR YOU OR YOUR HUSBAND TO FILL
IN THE SWALE. MRS. GARVEY STATED HOW LONG DO YOU HAVE TO
WAIT FOR THE CITY OF SEBASTIAN TO MAKE UP ITS MIND WHAT THEY
ARE GOING TO DO. IN THE LETTER FROM MR. MCCLARY IN 1988 IT
STATED IF YOU WISH TO DO WORK, YOU SHOULD GET APPROVAL
FIRST.
MR. GARVEY ASKED AL GOELZ OF 1618 SEAHOUSE, WHAT IS THE WATER
SITUATION NOW COMPARED TO WHEN YOU FIRST MOVED THERE. THE
WATER SITUATION WAS BAD WHEN HE FIRST BOUGHT HIS PROPERTY IN
1991. THE CITY TRIED TO HELP OUT WITH MY FUNDS OF $5,000.00.
THEY INSTALLED A PIPE IN A SIDE SWALE GOING FROM SEAHOUSE
STREET EAST. THEY TORE UP THE TWO COLLECTOR PIPES LAYING ON
SEAHOUSE AND DUG THEM UP AND REALIGNED THEM. FOR A WHILE IT
WAS DOING THE JOB. SINCE THAT TIME, A LOT OF CONSTRUCTION
HAS BEEN GOING ON UP AND DOWN SEAHOUSE. THE CITY ALSO
INSTALLED A COLLECTOR BOX IN 1991 BETWEEN HIS NEIGHBOR AND
HIM. THIS HELPED UNTIL NOW IT IS FILLED WITH SAND BECAUSE OF
ALL THE CONSTRUCTION GOING ON. THEY ARE BUILDING TWO NEW
HOMES ON QUAKER WHICH ARE FLOODED. ON CORAL REEF THE WATER
IS JUST LAYING THERE.
HERBERT STURM STARTED READING SECTION 2-105(b) CONCERNING
CODE ENFORCEMENT. CHAIRMAN DEROBERTIS ASKED MR. GARVEY IF HE
WAS GOING TO QUESTION MR. HERBERT STURM. THE SEBASTIAN
POLICE DEPARTMENT WAS CALLED. THERE WAS A SHORT RECESS
APPROXIMATELY AT 3:15.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 17~ 1993
PAGE 7
MR. GARVEY STATED THAT HERBERT STURM CAME TO HIS PLACE TO
LOOK AT THE SWALE AND LOOKED AT IT BEFORE AND WHAT IT IS NOW.
HE STATED MR. STURM CAN TAKE IT FROM HERE. ATTORNEY LULICH
READ SECTION 2-105(b) "ALL HEARINGS OF THE BOARD SHALL BE
OPEN TO THE PUBLIC AND ANY PERSON WHOSE INTERESTS MAY BE
AFFECTED BY THE MATTER BEFORE THE BOARD SHALL BE GIVEN AN
OPPORTUNITY TO BE HEARD". MR. GILLIAMS ASKED IF MR. STURM'S
INTEREST IS AFFECTED. ATTORNEY LULICH STATED THAT IS THE
QUESTION FOR THE BOARD TO DETERMINE. MR. STURM STATED HE
NEEDED TO ADDRESS THE CREDIBILITY OF THE PREVIOUS WITNESSES,
MR. NICHOLSON AND MR. TIM SMITH. MR. STURM STATED HE WAS
SPEAKING ON BEHALF OF MR. GARVEY. ATTORNEY LULICH ASKED MR.
STURM WHAT HIS INTEREST WAS SPECIFICALLY. HE STATED THAT MR.
NICHOLSON AND MR. SMITH DO NOT KNOW THE DIFFERENCE BETWEEN A
DRAINAGE AND A SWALE. ATTORNEY LULICH ASKED HOW THAT
AFFECTED HIS INTEREST. MR. STURM STATED IT WOULD AFFECT THE
OUTCOME OF THIS CASE. ATTORNEY LULICH ASKED MR. STURM HOW
FAR HE IS FROM MR. GARVEY' LOT. MR. HANSEN STATED THAT MR.
GARVEY OR HIS COUNSELOR CAN GIVE EVIDENCE. IF THERE IS NO
PERSONAL INTERST TO MR. STURM, HE SHOULD NOT SPEAK.
MR. GARVEY HAD NO MORE QUESTIONS OF MR. STURM. iN SUMMATION,
MR. HANSEN STATED WHAT WE ARE DEALING WITH REALLY RELATES TO
WHETHER THERE HAS BEEN EVIDENCE THAT THERE HAS BEEN AN
UNLAWFUL BLOCKING OR OBSTRUCTION OF NATURAL DRAINAGE OF WATER
BY ANY MEANS INCLUDING FILL. ALSO, HAVE 5 PHOTOS SHOWING THE
SWALE HAD BEEN FILLED. THE CITY RECOMMENDS THAT MR. GARVEY
BE FOUND IN VIOLATION. HE SHOULD BE GIVEN 15 DAYS TO REMOVE
OR MODIFY IN ACCORDANCE WITH ENGINEERING'S SPECIFICATIONS.
IF THIS HAS NOT BE CURED WITHIN THE 15 DAYS, A $50.00 PER DAY
FINE SHALL BE IMPOSED.
A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. NICOLINI
IN REFERENCE TO CASE #93-7618 OF A VIOLATION OF ALTERING
DRAINAGE OF SWALE, SECTION 26-2, INVOLVING MR. JOHN GARVEY,
THAT A VIOLATION DID OCCUR AND THAT MR. JOHN GARVEY CAUSED
THE VIOLATION. THE VIOLATION CONSISTED OF HAULING FILL iNTO
THE DRAINAGE SWALE. THEREFORE AN ORDER OF ENFORCEMENT TO
CORRECT THE VIOLATION IS WARRANTED. GIVE 15 BUSINESS DAYS TO
CORRECT THE PROBLEM AND AFTER THE 15TH DAY THAT A FINE BE
IMPOSED OF $50.00 AND THE VIOLATION AMOUNT SHOULD NOT EXCEED
$50o.0o.
MR. GARVEY ASKED FOR MR. MCCLARY TO BE QUESTIONED BY HIM. WE
HAVE THE LETTERS AS EVIDENCE. MR. GARVEY REFUSED TO CORRECT
THIS BECAUSE HE DID NOT DO ANYTHING WRONG. HIS WIFE SPREAD
THE FILL ON THE GRASS NOT INTO THE SWALE.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 17, 1993
PAGE 8
MR. GILLIAMS AMENDED HIS MOTION TO 30 BUSINESS DAYS INSTEAD
OF 15 BUSINESS DAYS. MR. NiCOLINI SECONDED THE AMENDED
MOTION.
MOTION CARRIED.
BOARD ATTORNEY REQUESTS AND REPORTS:
THE BOARD DECIDED TO POSTPONE THE DISCUSSION OF CODE
ENFORCEMENT BOARD HEARING PROCEDURES SINCE MR. TORPY WAS NOT
PRESENT AT THIS MEETING.
BUILDING OFFICIAL'S MATTERS: NONE
GENERAL DISCUSSION:
MR. NICOLINI STATED THAT A WORD WAS MISSING ON THE VIOLATION
FORM LETTER THAT IS SENT OUT. PLEASE ADD THE WORD UNLESS TO
THE BEGINNING OF THE LAST PARAGRAPH. STAFF WILL MAKE THE
CORRECTION.
PUBLIC INPUT: NONE
ADJOURN:
A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY VICE CHAIRMAN
FISCHER TO ADJOURN THE MEETING AT 3:40 P.M.
CARRIED.
Minutes approved at the
, 1992 Meeting.
Donato Derobertis, Chairman
Gerry F~ubes,
Board Secretary