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HomeMy WebLinkAbout04211997 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 21, 1997 AGENDA CALL TO ORDER: ROLL CALL: ANNOUNCEMENTS: APPRfTVAJ~ OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular Meeting of March 19, 1997 Case #97-12529 - Pan American Engineering Co.,Inc. - Mr. Rob Julien - 133 Miller Drive - Sections 26-2 & 26-85, Code of Ordinances ATTORNEY'S MATTERS: BUILDING OFFICIAL'S MATTERS: GENERAL DISCUSSION: PUBLIC INPUT: ADJOD-RN: 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. CEAGENDA.WP CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING APRIL 21, 1997 Chairman Generazio opened the meeting at 2:00 P.M. and noted that these proceedings would be voice transmitted over Falcon Cable TV Channel 35. ROLL CALL: PRESENT: Chnm. Generazio Mr. Goelz Mr. Connelly Mr. May Mr. Neglia Mr. Cosco Mr. Flescher EXCUSED ABSENCE: Mr. Oliver UNEXCUSED ABSENCE: Mr. Costa ALSO PRESENT: George Bonacci, Building Official Kenneth Schmitt, Code Enforcement Officer Ann Brack, Recording Secretary Dori Bosworth, Secretary Chnm. Generazio called the meeting to order at 2:00 P.M. ANNOUNCEMENTS: Chron. Generazio welcomed a new Board member, Joseph Flescher, as a second alternate, and noted that Mr. Flescher would be voting in place of Mr. Oliver today. APPROVAL OF MINUTES: (March 19, 1997) MOTION by Neglia/Goelz I make a motion to accept the minutes of the last meeting. A voice vote was taken. OLD BUSINESS: None CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1997 NEW BUSINESS: CASE #97 - 12529 - PAN AMERICAN ENGINEERING CO., INC. - MR. ROB JULIEN - 133 MILLER DRIVE - SECTIONS 26-2 & 26-85, CODE OF ORDINANCES Mr. Bonacci, Building Official for the City of Sebastian, informed the Board that Mr. Julien told him that he would not be attending this meeting today because he felt he was being "railroaded". felt the City was trying to get money from him, and he didn't have time for it. He gave staff presentation and noted that on 4/8/96 a permit, #96-00577 was issued to build a new single-family residence at the above address, which is Lot 7, Block 574, Sebastian Highlands Unit 17. After this permit was issued, we also issued a temporary electric pole permit. The pole was installed, inspected and approved by our department. FPL connected the temporary pole. One year went by and there was no progress on the site but several loads of fill were placed on the site. He noted that a letter was sent to Mr. Julien afar one year revoking his building permit and asked him to lower the piles of dirt and stabilize it, and to remove the temporary pole. A letter was sent on 10/11/96 (Exhibit A) to inquire as to the intention of the use of the property. On 3/10/97 (Exhibit B) a second letter was sent to Mr. Julien to inform him that the building permit had lapsed and was being revoked. At this point Chairman Generazio realized that Mr. Bonacci was not sworn in, and proceeded to do SO. Continuing, Mr. Bonacci noted that Mr. Julien was asked to remove the temporary pole and bring the property back to the original condition, to level the mounds of dirt and seed or sod the lot. The time frame allotted for this to be done has expired, which brings us before this Board today. A summons was issued on 4/10/97. He noted that Mr. Julien was supposedly in Vail, Colorado at the time of the Boards previously scheduled meeting and the Secretary was unable to contact him. He came in to the Building Department wanting to know what the problem was and stated that he never received the second letter. At this point Mr. Bonacci passed to the Board members four (4) pictures (Exhibit C). He noted that the dirt piles have been knocked down and have grass growing on them. He also noted that the pole was removed this afternoon; it had been there this morning. Mr. Bonacci reported that Mr. Julien made a statement to him last Wednesday that FPL disconnected that pole four or six months ago. He has a copy of a work order by FPL releasing it 4/15/97, the day after he spoke with Mr. Julien. Mr. Bonacci noted that Mr. Julien called on 9/13/96 stating that he wasn't using any power and there were no bills sent on it. But it was disconnected on 4/16/97, and the pole was removed sometime between 9:30 A.M. and 12:55 P.M. today. The four pictures (Exhibit C) proved this fact. Mr. Bonacci noted that as of now, Mr. Sulien is in compliance. He also commented that Mr. Julien commented that the neighbors made his life miserable because he was going to build a smaller home in an area of larger homes. The City Code allows a 900 sq. ft. home with a carport. He noted that there were no complaints made to the Building Department on this home. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1997 DISCUSSION: In response to a question from Mr. May, Mr. Bonacci noted that flattened dirt piles were on the property. There was discussion about ownership of the subject lot, and it was determ/ned that it was owned in the name of Pan American Engineering. Mr. Goelz noted that since the lot has been cleared or improved, the owner will be responsible to keep the grass mowed and maintained. Chnm. Generazio commented that it is blatantly irresponsible for a Corporation to completely ignore all these notifications and wait fill an hour before this Board meets to take the pole down. He also noted the expense incurred by the City: for correspondence, visual checks, and time spent by staff for preparation of letters and recording Board minutes. Mr. Goelz asked if the Building Department could provide a cost summary of what it has incurred so far on this case. Mr. Bonacci responded that he could come up with a summary. Chmn. Generazio suggested that the defendant be found guilty of the charges, but postpone the right to impose a fine until they meet with City Council and the City Attorney. He felt it was insulting to the entire City. MOTION by May/Goelz I make a motion that we f-md him guilty of the violation and is now in compliance, and accept the proposed order as written. Roll call was taken: Mr. Goelz - Yes Mr. Cosco - Yes Mr. Connelly - Yes Chmn. Generazio - Yes Mr. May - Yes Mr. Flescher - Yes Mr. Neglia - Yes The vote was 7 - 0. Motion camed. DISCUSSION: Mr. Neglia commented that if this happens again, he can be held accountable from the first day of violation.. Mr. Bonacci commented that Mr. Julian came to the Building Department about a month ago and applied for another building permit for another house and Mr. Bonacci attached a letter to the permit that stated that he had thirty (30) days to start construction. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1997 MOTION by Neglia, May I make a motion that the City recovers ail costs incurred in prosecuting this case before the Board according to Florida Statute 162.07. Roll call was taken: Mr. Connelly - Yes Chmn. Generazio - Yes Mr. May - Yes Mr. Goelz - Yes Mr. Negtia - Yes Mr. Flescher - Yes Mr. Cosco - Yes The vote was 7 - 0. Motion carried. BUILD.I~G~0FFICIAL'S MATTERS: Mr. Bonacci commented that with the letter attached to Mr. Julien's land clearing permit, the Building Department will keep a close eye on this situation to make sure it doesn't happen again. CHAIRMAN'S MATTERS: Chnm. Generazio announced a City Council workshop meeting on Wednesday, April 23 at 6 P.M. to discuss the parking violation recommendations, and since this Board may be involved in the enforcement portion of this issue, he urged ail members to attend. One issue will be parking in the swales and the other issue will parking of unlicensed or unregistered vehicles on private property, and possibly parking at the airport. Chmn. Generazio then brought up the subject ora new Chairman. Ms. Bosworth noted that Chmn. Generazio hadn't been in office for a year. There was discussion on this issue and the group indicated agreement that Chron. G-enerazio should finish out this year. GENERAL DISCUSSION: Mr. Neglia inquired about policy for code violations on week-ends. Code Enforcement Officer Mr. Kenneth Schmitt responded that there is an officer on duty for four (4) hours on Saturday morning and the Police Department can get in touch with that officer by radio. Mr. Neglia commented on a garage saie sign still up on S. Wimbrow Drive from a week ago. Mr. Schmitt responded that because of vehicle trouble last Saturday, he was unable to cover as much territory as usual. There was some discussion about the Noise Ordinance. Chron. Generazio commented that at the City Council workshop meeting this Wednesday, he would like to talk to Council about how the City can recoup the cost of cases where Code Enforcement personnel are required to make many trips because of refusal to comply with the notices of violation. He noted that the above ease is a good example of this. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1997 Mr. Bonacci commented that the above case sets a bad example for the City unless some action is taken. Mr. May spoke on the subject of driveway culverts. MOTION by Goelz/May I move to adjourn. All members agreed. 7 - 0 motion carried. Chron. Generazio adjourned the meeting at 3:40 P.M. (4123197 AB) City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF MEETING HELD APPROVED AT MEETING I-{ELD E. ANN BRACK, RECORDING SECRETARY City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 16, 1997 AGENDA CALL TO ORDER: ROLL CALL: ANNOUNCEMENTS: A~PRDVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular Meeting of March 19, 1997 Case #97-12529 - Pan American Engineering Co.,Inc. - Mr. Rob Julien - 133 Miller Drive - Sections 26-2 & 26-85, Code of Ordinances ATTORNEY'S MATTERS: BUILDING OFFiCIAJ~'S MATTERS: GENEBAL DISCUSSION: PUBLIC INPUT: ADJOURN: NOTE: IF A_NY 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 APPEAI~ IS BASED. CEAGENDA.WP