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HomeMy WebLinkAbout04211999 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING APRIL 21, 1999 Chron. Neglia called the meeting to order at 3:01 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Ms. Barczyk Chron. Neglia VChmn. Cosco Mr. Connelly Ms. Griffin(a) EXCUSED ABSENCE: Mr. Schofield, Mr. Davis(a), and Mr. Cavallo ALSO PRESENT: Tracy Hass, Growth Management Director Tim Zelinski, Code Enforcement Officer Kathy Brauer, Code Enforcement Officer Richard Stringer, Board Attorney Martha Campbell, City Engineer Hector Franco, Engineering Technician ANNOUNCEMENTS: Chmn. Neglia announced excused absences for the above listed Board members, and noted that Ms. Griffin(a) will be voting today. He also announced that Mrs. Donna Merritt has resigned from this Board. He then announced that members of this Board shall not discuss "peoples' worth" as money is not a consideration of hardship when hearing a Code Enforcement case. At this point Ms. Barczyk noted the recent tragedy in Littleton, Colorado, and asked for a moment of silence in remembrance of the victims and families, and also for us, that we must find a solution to this problem. APPROVAL OF MINUTES: (3/17/99) MOTION by Cosco/Connelly I make a motion that we accept (the minutes of 3/17/99). A voice vote was taken. 5 - 0 motion carded. OLD BUSINESS: None CODE ENFORCEMENT BOARD MINUTES Of REGULAR MEETING Of APRIl 21, 1999 NEW BUSINESS: Chron. Neglia requested that Case #99-14717 be heard as the first case of this meeting. Chmn. Neglia then stepped down and noted that VChmn. Cosco will continue this meeting is his place. He then submitted a voting conflict Form 8B to the secretary. VChmn. Cosco then took over the meeting. A. VIOLATION HEARING - Case #99-14727 - Ray & Laura Gerace - 458 Georgia Boulevard - Section 20A-15.7.A. 1 & 20A-15.4.c, Land Development Code Mr. Raymond Gerace, 458 Georgia Boulevard was present and was sworn in, along with Ms. Brauer, at 3:06 pm. VChmn. Cosco noted for the record that he is acquainted with Mr. Gerace. Ms. Brauer gave staff presentation, noting that on March 30, 1999, her office received an anonymous complaint of a banner and a sign in Mr. Gerace's front yard. She proceeded to give an accounting of the events. She indicated that after serving an affidavit (notice of violation) on April 2, 1999, the sign was gone on April 6, 1999. Ms. Brauer submitted a photograph, Exhibit #1, showing the banner as it was displayed at the above address. Mr. Gerace gave his presentation and noted that a complaint was made that he was running a trailer manufacturing business out of his residence. He noted that the banner was made and displayed as a joke, but decided that he wanted to meet this Board and see how it works. VChmn. Cosco noted that this is a public meeting, and one does not have to create a code violation to attend a meeting. Mr. Gerace responded that it wasn't his odginal intention, but this issue, in addition to others, grew into the desire to come before the Board. There was discussion on the issue. There was also discussion on the costs incurred by the City in processing violations, and Mr. Gerace alluded to a "can of worms" being opened in looking into a ten-year pedod of complaints. He also noted that all previous complaints were determined unfounded. MOTION by Connelly/Barczyk I would like to make a motion, at this time, Mr. Chairman, regarding Case ~F99- 014727, that Ray and Laura Gerace of 458 Georgia Boulevard, Sebastian, Flodda, (be) found in violation of the sign and banner rule, Section 20A-15.7.A.1 CODE ENFORCEMENT BOARD MINUTES Of REGULAR MEETING OF APRIL 21, 1999 & Section 20A-15.4.c of the Land Development Code, City of Sebastian, and, because it is a first time violation, I would hope - there be no fine, but, Ray, future recurrences could possibly result in fining you as much as $250 a day. Roll call: Ms. Barczyk - yes Mr. Connelly - yes VChmn. Cosco - yes Ms. Griffin(a) - yes The vote was 4 - 0. Motion carried. Chmn. Neglia noted that he is an across-the-street neighbor of Mr. Gerace and that was the reason for stepping down as Chairman. B. VIOLATION HEARING- Case #98-13702- Ted and Marta Andruski- 573 Palm Avenue - Section 90-87 and Section 90-106(a), Code of Ordinances Chmn. Neglia requested that Case #98-13702 be changed to item ~2 on the agenda. Tim Zelinski was sworn in at 3:21 pm and gave staff presentation. He noted that this case started on 8/20/97, and he got the case on 6/3/98, referring to a driveway without culvert installed without a permit. He proceeded to give a history of events to this day. He noted that on 6/14/98 Mr. & Mrs. Andruski came in to get a driveway and culvert permit, and the Engineering Department told them that they didn't need a permit because there was no water problem. Mr. Zelinski closed the case out at that time. He proceeded to give the sequence of events after 6/14/98 and indicated that after repeated requests, Mr. & Mrs. Andruski did not obtain a permit. He submitted a photograph and a letter as Exhibits #1, 2, 3, 4, and 5, respectively. Mr. Andruski gave his presentation. He was sworn in at 3:37 pm. Hector Franco, Engineering Technician for the City of Sebastian, was swom in at 3:39 pm. Mr. Franco explained the drainage direction along Palm Ave. Chmn. Neglia asked staff if a culvert is required at this site. Mr. Hass responded that it is required according to Code and according to the City Engineer, who requested it. Several Board members questioned this decision. Mr. Franco noted that the pdmary ddveway on this property does not have a culvert, and water drains two ways on this block. This is the last outlet to the ditch and requires a certain size culvert. He also commented that there presently seems to be a problem with drainage of that block. Martha Campbell, City Engineer was sworn in at 3:39 pm. She noted that all of the Highlands are drained by swales. Mr. Andruski gave information about instructions he received from City Engineering in 1995 when he put this ddveway in. He also noted that none of the older homes in that area have culverts, but the newer homes do. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1999 Mr. Connelly commented that he wants to see this driveway. Ms. Campbell could not give a time frame for road and swale work in that area, but she suggested it could be a year or more. She also noted that her Engineering Department doesn't have the authority to make changes to allow some residents not to follow the Code. Atty. Stdnger suggested that an enforceable agreement might be entered into whereby the resident, Mr. Andruski, would agree to install a culvert at the time when the swales are completed. He also noted that this Board could continue this issue till next meeting to give Engineering a chance to look again at this issue. MOTION by Cosco/Connelly I make a motion that we continue this until the next regular scheduled meeting. Mr. Connelly - yes Ms. Griffin(a) - yes Chron. Neglia - yes Ms. Barczyk - yes VChmn. Cosco - yes The vote was 5 - 0. Motion carried. C. REPEAT VIOLATION HEARING - Case ~J9-14661 - Robert & Angela Kelly - 909 Beach Lane - Section 66.3(1), Code of Ordinances Robert and Angela Kelly of the above address were not present. Ms. Brauer, who was previously sworn in, gave staff presentation and noted that Mr. & Mrs. Kelly were served with notice to appear. She gave an accounting of events starting in eady March, 1999. She submitted eight (8) photographs as Exhibits 1 through 8 showing the debris, etc. She noted that four (4) of the photos were provided by neighbors, and she took the other four (4) herself. All photos faidy depicted the debds that was present. These photos were distributed for Board members to inspect. Ms. Brauer also noted that this is a repeat violation. in response to questions from Board members, Ms. Brauer responded that Mr. Kelly did not attend previous notices of violation headngs either, and he was found in violation with no fine. She then responded that Mr. Kelly was in violation for ten (10) days on this current repeat violation. MOTION by Connelly/ Regarding Case #99-014661, that the property owners Robert and Angela Kelly are the owners of 909 Beach Lane, and because of the facts presented by staff, they are in violation of Section 66.6(1) (should be Section 66.3(1)) of the Code of Ordinances, City of Sebastian, this not being the first case, but being a repeat, I move that we fine them fifty dollars ($50.00) for this violation, and if it continues CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1999 similar violations, it could be fined as much as five hundred dollars ($500.00) per day. The motion failed fOr lack of a second, MOTION by Cosco/Barczyk I'd like to make a motion that we fine him as a repeat violator, Case #99-014661, and the fine to be fifty dollars ($50.00) per day for the ten (10) days. Discussion: Mr. Connelly commented that this Board is not a punitive Board, and that (Mr. Kelly) has been fixing up his house apparently trying to do something with it and he doesn't want him to continue these violations, nor does he want to put him in such a hole that he can't fix up and clean up his property. Chron. Neglia noted that twice, the owner failed to appear before this Board. Roll call: Mr. Connelly - no Ms. Griffin(a) - yes Chmn. Neglia - yes Ms. Barczyk - yes VChmn. Cosco - yes The vote was 4 - 1. Motion carded. ATTORNEY MATTERS: None MEMBER~, MATTERS: None PUBLIC INPUT: Mr. Herb Sturm, 549 Saunders Street, commented that he would like to make several observations. He opined that the Ordinance was not observed in that the flow of water was restricted in the swale. (Reference Case#-13702) Mr. Sturm disagreed with the engineering finding. It was indicated that Mr. Sturm should go to the Engineering Department with his input, not this Board. Mr. Fred Wininger, 106 Thunderbird Drive, Sebastian, was present to discuss land clearing. He spoke of permits being issued after the fact, with no penalty, in the area of Thunderbird Drive, Englar Ddve and Schumann. Ms. Barczyk commented that she is familiar with the speaker and the issue, and offered to step down. Atty. Stdnger pointed out that no action will be taken, so no conflict exists. He also cautioned Mr. Wininger and the Board to keep to generalities as one issue may come before this Board. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF APRIL 21, 1999 Mr. Wininger proceeded to give his accounting of the grubbing done in the above mentioned area. He also was cdtical of the manner in which the code enforcement officers are managed and the fact that they have not yet been certified. There was much discussion between staff, Mr. Wininger and the Board. Mr. Connelly suggested that this issue should be taken to City Council. Mr. Hass noted that the Building Official, who issues permits, determined that there was no violation at that time, and gave the property owner the option of getting an after-the- fact permit or going before the Code Enforcement Board. He then commented that they chose the after-the-fact permit. There was discussion on whether or not this Board should go further in this issue by watching videos and examining paper work that Mr. Wininger has. Atty. Stdnger noted that this Board cannot generate cases. He also noted that investigations are beyond the authority of this Board, although there is a moral authority as far as recommendations to the Council. He also noted that work is being done to set policies for after-the-fact permits. MOTION by Connelly/griffin I move that we do nothing regarding this. Discussion took place. Roll call: Mr. Cosco - no Mr. Connelly - yes Ms. Griffin(a) - yes The vote was 2 - 3. Motion failed. Chmn. Neglia adjourned the meeting at 4:50 pm. Ms. Barczyk - no Chmn. Neglia - no (4/26/99 AB) City of Sebastian 1225 MAIN STRFET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) $89-$537 [] FAX (561) $89-2566 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD ,4P~.iL ~1. lqflq APPROVED AT MEETiNG HELD ....... /~/~'"~ l'~ 19q9 E. ANN BRACK