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Home My WebLink About08181993 CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 18~ 1993 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLIAMS AT 2:00 P.M. ROLL CALL: PRESENT: MR. NICOLINI MR. DEROBERTIS MR. METCALF CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER ATTORNEY LULICH LATE: MR. FISCHER EXCUSED: MR. TOZZOLO BRUCE COOPER, BUILDING OFFICIAL RICHARD TORPY, ASSISTANT CITY ATTORNEY PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON JULY 21, 1993. ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. DEROBERTiS YES YES YES YES YES THE MOTION WAS CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: CASE# 93-8038 HERBERT C. PATTON ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING. CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 18f 1993 PAGE 2 MR. PATTON WAS PRESENT AT THE MEETING. ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, STATED HE WISHED THE BOARD TO KNOW THAT THERE WAS AN ERROR ON HIS PART CONCERNING THIS CASE. MR. PATTON WAS FOUND IN VIOLATION BY THE BOARD AND HAD UNTIL JUNE 18, 1993 TO COMPLY. ON JUNE 1, 1993, MR. PATTON CALLED THE BUILDING DEPARTMENT AND STATED HE JUST GOT OUT OF THE HOSPITAL AND THE DOCTOR WOULD NOT LET HIM GO BACK TO WORK FOR SEVERAL WEEKS. THEREFORE, HE COULD NOT COMPLY BY THE 18TH. AT THE JULY 21ST MEETING, MR. NICHOLSON THOUGHT MR. PATTON WOULD BE AT THIS MEETING. HIS CASE WAS CERTIFIED TO THE BOARD FOR A FINE. THIS WAS A NEW PROCEDURE. MR. NICHOLSON RECOMMENDS THAT THE FINE SHOULD BE WITHDRAWN BECAUSE MR. PATTON DID NOT HAVE THE OPPORTUNITY TO PRESENT HIS CASE AT THAT TIME. MR. PATTON COMPLIED ON AUGUST 10TH. MR. PATTON ASKED TO BE NOTIFIED OF THE MEETING FOR JULY WHICH HE DID NOT RECEIVE. AS SOON AS AUGUST 1ST CAME, MR. PATTON REALIZED THAT THE BOARD DID NOT MEET IN JULY OR SOMETHING HAPPENED. HE GOT THE BUILDING INSPECTOR TO INSPECT HIS STRUCTURE. MR. PATTON WENT BACK TO WORK ON JUNE 14, 1993. WHEN HE RECEIVED THE NOTICE FROM MR. NICHOLSON THAT THE FINE WAS IN EFFECT, HE WAS DEVASTATED. MR. NICHOLSON STATED AT THE TIME OF REQUIRED COMPLIANCE ON 6/18/93, MR. PATTON HAD WELL OVER HALF OF EVERYTHING IN COMPLIANCE AND IT IS THE CITY'S BELIEF THAT HE WOULD HAVE THE JOB COMPLETED IF HE HAD NOT BEEN ILL. CHAIRMAN GILLIAMS ASKED MR. PATTON WHAT HOSPITAL HE WAS IN. MR. PATTON STATED INDIAN RIVER MEMORIAL HOSPITAL. ATTORNEY LULiCH STATED IF THE BOARD WOULD FIND THAT UNDER THESE CIRCUMSTANCES THAT AN EXTENSION OF TIME IS DEEMED REASONABLE, THE BOARD WOULD THEN GO AHEAD AND DISMISS THE PREVIOUS CERTIFICATION OF FINE AND AMEND THE MOTION TO EXTEND THE COMPLIANCE DATE FROM 6/18/93 TO 8/10/93. MR. NICHOLSON STATED THE CITY IS RECOMMENDING THAT THE BOARD EXTEND THE TIME TO WHERE HE FELL INTO COMPLETE COMPLIANCE AND THE FINE BE SUSPENDED. MR. FISCHER WAS LATE. HE ARRIVED AT 2:12 P.M. MR. METCALF MADE A MOTION SO MOVED. CHAIRMAN KOSTENBADER. IT WAS SECONDED BY VICE · MR. FISCHER ABSTAINED FROM VOTING SINCE HE WAS NOT PRESENT DURING THIS CASE. CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 18, 1993 PAGE 3 ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. DEROBERTIS MOTION CARRIED. YES YES YES YES YES CASE# 93-8011 KENNETH CONNER MR. NICHOLSON, CODE ENFORCEMENT OFFICER, STATED THE CITY WISHES TO WITHDRAW CASE# 93-8011 AS MR. CONNER HAS COMPLIED. MR. CONNER HAD TO COMPLY BY THE 8/16/93. THE PAPERWORK IS PREPARED IN ADVANCE. THEREFORE, HIS NAME WAS PUT ON THE AGENDA IN CASE WE HAD TO CERTIFY THE FINE INSTEAD OF WAITING FOR NEXT MONTH. ATTORNEY LULICH STATED YOU ARE NOT DISMISSING THE CASE SINCE IT HAS AN ACTIVE ORDER. THE BOARD DOES NOT WANT TO WITHDRAW THE ORDER IN CASE THERE IS A REOCCURRENCE. THE BOARD ATTORNEY STATED TO MR. NICHOLSON ALL YOU ARE DOING IS ASKING THE BOARD TO ACCEPT THE AFFIDAVIT OF COMPLIANCE. A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. DEROBERTIS THAT THE AFFIDAVIT OF COMPLIANCE BE ACCEPTED. ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS YES YES YES YES YES YES MOTION CARRIED. NEW BUSINESS: MR. NICOLINI HAD A FEW SUGGESTIONS TO PUT BEFORE THE BOARD. THE BOARD MEMBERS RECEIVE iN THEIR PACKET EACH MONTH THE BOARD TERMS FOR EACH INDIVIDUAL. HE SUGGESTED IF THERE IS NO CHANGE, JUST TYPE BOARD MEMBERSHIP NO CHANGE ON THE MONTH END REPORT. CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 18, 1993 PAGE 4 ON THE MONTHLY FINE AND LIEN REPORT, MR. NICOLINI SUGGESTED REMOVING BREVARD ROOFING SINCE THE VIOLATOR COULD NOT BE LOCATED AND BUEHLER/BAGBY SINCE MR. BAGBY HAS NOTHING OF VALUE TO LIEN. STEVE LULICH, BOARD ATTORNEY, STATED THAT A DECISION TO DELETE WOULD BE MORE OF AN ACCOUNTING DECISION THAN A REPORTING DECISION. IT IS NOT THE AUTHORITY OF THE BOARD TO DELETE THAT. THIS IS A DECISION THAT SHOULD BE MADE BY STAFF. AN EXPLANATION OF WHAT THIS LIST IS FOR IS MORE IMPORTANT. IS THIS A LIST JUST TO LET THE BOARD KNOW OF ALL THE LIENS AND POTENTIAL LIENS THAT WE HAVE OR IS IT A LIST BY WHICH STAFF LOOKS TO THE FUTURE TO RECEIVE MONIES OR RECORD LIENS? HE STATED IT IS A MULTI-PURPOSE LIST PROBABLY. MR. NICHOLSON STATED STAFF WILL REVIEW THE LIST AND WILL REPORT AT THE NEXT MEETING. MR. METCALF SUGGESTED THE REPORT WOULD BE MORE COMPLETE IF WE KEPT A RUNNING REPORT ON THE STATUS OF ALL CASES BROUGHT BEFORE THE BOARD. BOARD ATTORNEY REQUESTS AND REPORTS: THE BOARD SECRETARY INFORMED THE BOARD ATTORNEY AS OF THiS DATE, THERE HAS BEEN NO PASSAGE OF THE PROPOSED ORDINANCE REGARDING CODE ENFORCEMENT. THERE WAS A MEMO TO BRUCE COOPER TO RECOMMEND TO THE CITY COUNCIL TO ACCEPT THE NEW ORDINANCE FOR THE CODE ENFORCEMENT BOARD. BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION: JUST FOR THE RECORD, CHAIRMAN GILLIAMS WELCOMED MR. GEORGE METCALF AGAIN FOR ANOTHER TERM. HE WAS REAPPOINTED BY THE CITY COUNCIL. CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 18, 1993 PAGE 5 WHETHER TO HAVE PUBLIC INPUT AND IF SO, HOW MUCH TIME ALLOWED PER PERSON: MR. DEROBERTIS FEELS THAT THIS BOARD IS A QUASI-JUDICIAL BOARD. WE CAN ONLY RECOMMEND THINGS TO THE COUNCIL. IF SOMEONE HAS SOMETHING TO SAY REGARDING CODE ENFORCEMENT PROCEDURES, LAWS, RULES, ORDINANCES, THEY HAVE TO GO TO THE CITY COUNCIL. THE BOARD ATTORNEY STATED PUBLIC INPUT WAS INSTITUTED ONLY IN THE LAST SEVERAL YEARS. UNDER THE TERM JUDICIAL, THERE IS NO NECESSITY FOR PUBLIC INPUT. BEING QUASI MEANS THAT THE JUDICIAL RULES ARE RELAXED SO PUBLIC INPUT IS ALLOWABLE. MR. METCALF STATED 10 MINUTES PER PERSON FOR PUBLIC INPUT WOULD BE REASONABLE. MR. NICOLINI WAS IN AGREEMENT THAT THE BOARD SHOULD HAVE PUBLIC INPUT AND SHOULD PERTAIN TO A CASE IN FRONT OF US OR SOMETHING THAT THEY THINK IS WRONG WITH THE BOARD OR DIRECT THE PERSON TO WHERE THEY SHOULD TAKE THEIR PROBLEM. HE AGREES TO SET A TIME LIMIT. PERHAPS 10 OR 15 MINUTES. ATTORNEY LULICH STATED WHAT SOMEONE SAYS DURING PUBLIC INPUT HAS NO BEARING ON A PARTICULAR CASE. IF THERE IS A CERTAIN CASE THAT THEY HAVE A PROBLEM WITH, THEY SHOULD GO TO THE CODE ENFORCEMENT OFFICER. WITH REGARD TO TIME, THE CITY COUNCIL HAS 10 MINUTES FOR PUBLIC INPUT. A MOTION WAS MADE BY MR. METCALF, SECONDED BY MRS. KOSTENBADER TO CONTINUE PUBLIC INPUT BUT PLACE A LIMIT ON IT OF 10 MINUTES PER PERSON. CHAIRMAN GILLIAMS STATED IT IS IMPORTANT TO HAVE PUBLIC INPUT AND SHOULD BE DONE ON A CASE BY CASE BASES. MR. FISCHER STATED AS THE CITY GETS BIGGER AND BIGGER, THERE WILL BE MORE PEOPLE HERE AND SHOULD NOW SET UP A TIME (10 MINUTES). CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 18! 1993 PAGE 6 ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS MOTION CARRIED. YES YES NO YES YES NO PUBLIC INPUT: HERBERT STURM OF 549 SAUNDERS STREET MADE A FEW POINTS ON PUBLIC INPUT. IF THE TIME NEEDS TO BE EXTENDED, iT SHOULD BE APPROVED BY THE BOARD. HE READ THE DEFINITION OF QUASI- JUDICIAL TO THE BOARD. ANY CHANGES TO ORDINANCES COULD BE ADDRESSED TO THE BOARD FOR THEM TO RECOMMEND TO THE CITY COUNCIL. TIME FOR PUBLIC INPUT SHOULD DEPEND ON THE TOPIC. HE ALSO THINKS THE BOARD MEMBERS SHOULD BE ABLE TO INVESTIGATE THE VIOLATION. ADJOURN: A MOTION WAS MADE BY VICE CHAIRMAN KOSTENBADER, SECONDED BY MR. FISCHER TO ADJOURN THE MEETING AT 2:50 P.M. CARRIED. Minutes approved at the~ /Gerry K~bes, Board Secretary liams, Chairman