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HomeMy WebLinkAbout06171998CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING JUNE 17, 1998 Chmn. Generazio noted that this meeting is being voice broadcast over Falcon Cable Channel 35. He then called the meeting to order at 3:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chron. Generazio Mr. Connelly VCh. Neglia Mr. Cosco EXCUSED ABSENCE: Mr. Cavallo(a) UNEXCUSED ABSENCE: Mr. Flescher ALSO PRESENT: George Bonacci, Building Official Thomas Frame, City Manager Kathy Brauer, Code Enforcement Officer Tim Zelinski, Code Enforcement Officer Kevin MacWilliam, acting as City Attorney Rene Van de Voorde, acting as Board Attorney Tracy Hass, Interim City Planner Dom Bosworth, Secretary ANNOUNCEMENTS: Chmn. Generazio noted that Mr. Cavallo was excused, Mr. Van de Voorde will be acting as Board Attorney, and Mr. MacWilliam will be acting City Attorney. APPROVAL OF MINUTES: (5/20/98) Mr. Connelly indicated page eight (8) of the minutes of 5/20/98, that there were two other police officers mentioned that had worked for Mr. Carmody at his home, and he would like to have these two names entered into these minutes. ARer checking the tape of that meeting, the following additions were made to the 5/20/98 minutes: Page 8 - paragraph #8 - add "Capt. Puscher, Joe Dillon, a bunch of us, out of his house". (Add this before the last sentence.) Page 6 - paragraph #6 - correct wording to read - "... without a license." CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JUNE 17, 1998 Page 3 - paragraph #8 - "... I agree with Sal, and I'm gonna-" (Interrupted mid-sentence by Mr. Neglia.) MOTION by Neglia/Connelly I'd like to make a motion to accept the minutes with the amendments. A voice vote was taken. 4 - 0 motion carried. OLD BUSINESS: Mr. Neglia noted that Mr. Carmody still has not gotten his occupational license, and asked staff to check on this, and suggested that the City send him a letter in reference to this issue. The comment was made that if the City does not follow through on this, Mr. Carmody may assume that we are not serious. MOTION by Generazio I'd make a recommendation - make a motion that he be cited again as a repeat violator, officially cited so that there is no question, so that he doesn't come back here and say 'I thought I had a certain amount of time and this way, he has it in writing in his hand, personally cited. (There was no second, and no vote taken.) NEW BUSINESS: Case #98-13684 - Robert Taylor, Angler's Obsession - 1647 Indian River Drive - Land Development Code: Sections 20A-15.4.g & 20A-15.3.B(1); and Standard Building Code, Section 104.6.1 Mr. Robert Taylor was present and requested a postponement until July 15, 1998 because his attorney was not available. Mr. Thomas Frame, City Manager, noted that he recommended a continuance based on the fact that Mr. Taylor's attorney was not available. He noted that Mr. Taylor has met with staff, and an attempt was made to resolve some of the issues, but suggested that this Board be prepared to go forward if all issues are not in compliance. It was also determined that Mr. Taylor should be officially notified of the next meeting date so there should be no confusion. B. Case #98-13487 - REPEAT VIOLATION HEARING - Shannon Cook - 868 Schumann Drive - Code of Ordinances: Sections 98.36(B), 66.3(1), and 30.29, and Land Development Code, Section 20A-6.1.D.14 Mr. Shannon Cook was present. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JUNE 17, 1998 Mr. Tim Zelinski, the reporting Code Officer, was present. Mr. Kevin MacWilliam noted that he will be representing Code Enforcement - Mr. Zelinski, and the staff in this matter. Mr. Cook and Mr. Zelinski were sworn in. Mr. MacWilliam indicated the minutes from Sept. 17, 1997, and a previous motion made at that time indicating Mr. Cook was found to be in violation, but was not fined at that time. He presented this case to the Board by questioning Mr. Zelinski about the circumstances surrounding his first visit to 868 Schumann Drive on 5/20/98. Mr. Zelinski described details about the boats, vehicles and junk aluminum on the property, and noted that he issued a 10-day notice to Ms. Cook for compliance on 5/20/98. His next visit was on 5/27/98 when he met with Mr. Cook, and conditions had not changed from his previous visit. He also noted that he spoke to Mr. Cook about operating an aluminum business out of his home without a license. He indicated that Mr. Cook was then given fifteen (15) days to get everything cleaned up, and not run a business out of his home. Mr. Zelinski then noted that he remrued to this address again on 6/8/98, to see if anything was done. He noted that the boat was gone, and the other issues remained the same, including the aluminum on the rack, which Mr. Cook apparently uses for work, and the pile of aluminum. Mr. Zelinski indicated that he has taken several pictures. He also noted that he visited this address at 2:14 pm this afternoon. His first pictures were taken on 6/8/98, and since then he has taken a total of eight (8) pictures and a video of the site. Mr. Zelinski described what was in these pictures. The above mentioned evidence was shown to Mr. Cook he had no objection to these pictures. The pictures were then passed to all Board members. Mr. Zelinski then noted that the videos were taken 5/27/98 and 6/8/98. Mr. MacWilliam suggested that the eight pictures be marked as Composite (Exhibit A) for the record. At this point the videos were shown. Mr. Cook agreed that the videos seemed to be accurate, and they were entered as (Exhibit B). Mr. Zelinski then gave evidence of Mr. Cook doing business out of his residence by producing a letter dated May 8, 1998 from Kathryn B Johnston to the City of Sebastian Construction Board (Exhibit C) indicating a bill for $7,700.00, and identified as from A.S.A.P. Aluminum, 868 Schumann Drive, Sebastian, FL 32958 - (561) 589-6034. This letter along with two (2) invoices was entered into evidence as (Exhibit C). Mr. Zelinski indicated that upon checking, there was no record to be found of a license issued to Shannon Cook at this address. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JUNE 17, 1998 Mr. Cook responded to these allegations, provided a copy of the County issued Certificate of Competency and Occupational License, and noted that he has no deliveries to his house on Schumann Drive. He gave further explanation of the issues. George Bonacci, Building Official was sworn in by Chmn. Generazio. There was further discussion on the dumpsters, on the aluminum, on the work being done on his house, and the location of his boat. Mr. Bonacci suggested that Mr. Cook have all issues cleaned up and finished by June 29, including the vehicles, the shingles, the roof will be done, all the stuff on the rack will be gone, all the debris on the ground will be gone, and the car will be at another location. MOTION by Generazio/Neglia My motion is that Mr. Cook be found in violation of Land Development Code 20A-15.1 .B, and 20A-15.3.b.1 and standard building code 104. - sorry, I'm reading the wrong one that he be found in violation of 98.36(B), 66.31, Code of Ordinances section 30.29, and 20A-6.1.D.14 of the Land Development Code. That is on having the two vehicles, unregistered vehicles on your property, the aluminum and building debris on your property, working without a permit, that you be found in violation, that no fine be implied at this time, and he be given to 6/29 to come in compliance with everything with the exception of the one red Pontiac - is that a Grand Prix - which will be removed by July 4°~ weekend. That would be in compliance by 7/6/98. And should he be found in repeat violation, that he be fined five hundred dollars ($500) a day for violation. On a suggestion by Mr. Van de Voorde, Chron. Generazio changed the dates in the above motion to indicate the date of "midnight, the 28th, and the second one would be for the one ear, or midnight, the 5 . Amendment: Chron. Generazio indicated that the fine would be five hundred dollars ($500) a day for each violation if he is not in compliance. (Mr. Neglia seconded the amendments.) Roll call: VCh. Neglia - yes Mr. Connelly - yes Mr. Cosco - yes Chron. Generazio - yes The vote was 4-0. Motion carried. ATTORNEY MATTERS: Mr. Van de Voorde commented that it was a pleasure sitting at this meeting today. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JUNE 17, 1998 CHAIRMAN MATTERS: Chmn. Generazio commented about how good it was to have two attorneys present representing both the City and the Board. He then noted that City Council will be making Code Enforcement Board appointments at tonight's meeting. ELECTION OF CHAIRMAN/VICE CHAIRMAN MOTION by Neglia/Cosco I'd like to make a motion that Mr. Generazio fimsh out the term until next January as Chairman, myself as Vice Chairman. Roll Call: VCh. Neglia - yes Mr. Connelly - yes Mr. Cosco - yes Chmn. Generazio - yes The vote was 4 - 0. Motion carried. GENERAL DISCUSSION: Chnm. Generazio brought up the subject of costs incurred by the City when Code Enforcement officers are sent repeatedly to a property, plus the cost of having two attorneys attend the meeting. He suggested that a method be devised to calculate the City's cost to process these cases to recover some of the expenses. Mr. Frame agreed to look into this and there was further discussion. Mr. VanDeVoorde commented that having looked into this issue several years ago, there didn't seem to be any way to collect these expenses unless the Statute has been amended. Mr. Neglia commented that this Board does not have a Code of Ordinances. He would like each member to have one. Mr. Frame responded that the new updated Land Development Code is an extensive modification of the present one, and may be finished in approximately six (6) months. He also indicated that the size of the book will be bigger, and may contain some tabs for easier search. There was discussion about whether or not information could be furnished to Board members prior to a Board meeting. Mr. VanDeVoorde cautioned the Board that legally, they should hear testimony only at the meetings. This discussion was based on Case #98-13684 for Robert Taylor, 1647 Indian River Drive, who asked to be deferred because his attorney could not attend. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JUNE 17, 1998 At this time Mr. Zelinski introduced the newest Code Enforcement Officer, Kathy Brauer. Mr. Frame introduced attorney Mr. Kevin MacWilliam who will be doing work for the City. MOTION by Neglia/(?) I'll make a motion to adjourn. All agreed. (6/23/98 AB) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX ($61) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD MINLrYES OF MEETING HELD E. ANN BRACK, RECORDING SECRETARY ts", I¥1~