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HomeMy WebLinkAbout08181999C:i~ 0£ Sebas~t 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 'rEt. EPHONE 156~1 589-553Z [] FAX 156~1 589-25~ AGENDA SEBASTIAN CODE ENFORCEMENT BOARD WEDNESDAY, AUGUST 18, 1999 3:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGiANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 6. OLD BUSINESS: 7. NEW BUSINESS: Regular meeting of June 16, 1999 Violation Hearing - Case #99-14814 - Ray & Laura Gerace - 458 Georgia Boulevard- Section 20A-5.7.D.2 & 4, Land Development Code Repeat Violation Hearing - Case #99-15382 - Shannon Cook - 868 Schumann Drive - Section 20A-5.16.C.4 &7, and Section 98.36 8. ATTORNEY'S MATTERS: 9. MEMBERS MATTERS: 10. GENERAL DISCUSSION: 11. PUBLIC INPUT: 12. 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. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. (AgendCe.doc) CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING AUGUST 18, 1999 Chairman Neglia called the meeting to order at 3:00 p.m. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Ms. Barczyk Chmn. Neglia VChmn. Cosco Ms. Griffin Mr. Davis (a) Mr. Schofield EXCUSED ABSENCE: Mr. Connelly UNEXCUSEDABSENCE: Mr. Cavallo ALSO PRESENT: Tracy Hass, Planning and Growth Management Director Rich Stringer, City Attorney Kathy Brauer, Code Enforcement Officer Tim Zelinski, Code Enforcement Officer Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Neglia announced that Mr. Connelly is excused, and Mr. Cavallo is absent, a ~d Mr. Davis will vote in place of Mr. Connelly. APPROVAL OF MINUTES: MOTION by Cosco/Davis I make a motion that we accept. (Minutes of 6/16/99) A voice vote was taken. 6 - 0, motion carried. OLD BUSINESS: None NEW BUSINESS,,; A. VIOLATION HEARING - CASE #99-14814 - Ray & Laura Gerace - 458 Georgia Boulevard - Section 20A-5.7.D.2 & 4, Land Development Code Mr. Ray Gerace was present, and along with Tracy Hass, Kathy Brauer, and Al Vilardi, was sworn in at,~i04 p.m. by Atty. Stringer. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 18, 1999 At this point, Chmn. Neglia expressed his conflict of being an adjoining property owner and turned the meeting over to Vice Chairman Cosco. VC Cosco asked for staff presentation. Kathy Brauer gave staff presentation which included information on anonymous phone call complaints, visits made by her to the subject property, compliance with some issues by Mr. Gerace, and the exchange of information between the Code Enforcement Dept./ Growth Management Dept. and Mr. Gerace. Ms. Brauer submitted a note received on July 14, 1999, from Mr. Gerace, which indicated that he would remove the shade cloth and the supporting 2 x 4's within fourteen (14) days. She submitted this note as Exhibit #1. She then stated that fourteen (14) days later, on 7/28, Mr. Gerace submitted a video tape, and a 5-page letter explaining why he was not taking the structure down. This 5-page letter was submitted as Exhibit #2. Ms. Brauer served Mr. Gerace with a notice of violation on August 2, 1999. (These exhibits were passed to the Board members for their perusal.) Ms. Brauer then submitted two (2) photographs of the structure as Exhibits # 3 & 4. She then noted that these pictures acurately and fairly depicted the site as she saw it. Mr. Hass indicated that this structure was unpermitted and located in the side-yard setback. The Board reviewed all Exhibits, as submitted. The issue of the video tape of the Y2K problem was discussed and it was determined that this tape should more properly be part of Mr. Gerace's defense, and submitted by him. VC Cosco noted that he is an acquaintance of Mr. Gerace, then he called Mr. Gerace to provide his presentation. Mr. Gerace gave a brief presentation. VC Cosco asked Mr. Gerace if he could move his garden out of the easement, and Mr. Gerace responded that he could not and noted that a garden needs to be in the easement and not in the back yard. Mr. Al Vilardi, 445 Georgia Blvd. was present and spoke in opposition of the structure at Mr. Gerace's property, but had no objection to the garden. Mr. Hass then noted that when Mr. Gerace returned from his vacation, he explained to him what cdteria would have to be met for a variance to be granted. In Mr. Hass's opinion, Mr. Gerace does not meet the minimum criteria for a variance, and staff recommended that he not pursue a vadance as staff would recommend denial at a Board of Adjustment meeting. He then noted that at that time, Mr. Gerace stated that he would remove the structure within fifteen (15) days, but he did not. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 18, 1999 Mr. Hass also noted that there is ample room in the rear yard for this structure and garden, but Mr. Gerace chooses not to do that. He then noted that staff feels that this is a violation and it needs to be corrected. Atty. Stringer noted that on the notice of violation there is a reference to Section 20A- 5.7.D.2 & 4, but he indicated that D.4 cannot be violated and is more directory to staff, and this Board should consider only D.2.. Mr. Gerace offered further comments on his property and the violation. Mr. Davis asked Mr. Gerace if he would be willing to move the garden and take down the structure, and Mr. Gerace responded, indicating that he didn't feel a few 2 x 4's and shade cloth created a "structure". VC Cosco again asked if there is any way that the City and Mr. Gerace can come to some sort of compromise without fouling his garden. Mr. Hass responded that the reason this issue is before this Board today is because the City has already tried to come to an agreement, but has not been able to. He again noted that Mr. Gerece has ample room within his property boundaries to place this structure, and that, as constructed, it is in violation. Mr. Schofield asked Mr. Gerace if this structure is temporary or permanent. Mr. Gerece responded that it is not permanent, and noted an eight (8) foot block wall elsewhere in the City, that is called a fence. He then gave his interpretation of what a fence should be made of. He indicated that he planned to have it there for a few years, at least. MOTION by Griffin/Barczyk I make a motion that we find Ray & Laure Gerece in violation of Section 20A- 5.7.D.2, Case #99-14814, and I feel that fourteen (14) days would be ample to remove the structure; beyond fourteen (14) days, he could be faced with a hundred dollar ($100) a day fine. There was a brief discussion between the Board members and Mr. Gerece and Atty. Stringer. It was established that a vadance would be needed for a permit, but staff doesn't feel that this structure meets the criteria for a variance and would recommend against it to the Board of Adjustment. Mr. Gerace again asked what he is being charged with. Atty. Stdnger announced that once a motion has been made and seconded, all deliberations are to remain with the Board. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 18, 1999 Roll call: VC Cosco - yes Ms. Griffin - yes Mr. Schofield - yes Ms. Barczyk - yes Mr. Davis - yes The vote was 5 - 0. Motion carried. B. REPEAT VIOLATION HEARING - Case #99-15382 - Shannon Cook - 868 Schumann Drive - Section 20A-5.16.C.4 & 7, and Section 98.36 Shannon Cook was not present. Kathy Brauer gave staff presentation on Code Enforcement actions taken at this address. She noted that all current violations have come into compliance, except the RV (boat & trailer), which was placed outside the fence on someone else's property, which is a code violation. She then submitted photographs of this property as Exhibits #1 through 6. There was more discussion on this issue. It was pointed out that the same violations at this site have occurred repeatedly on an almost annual basis. Atty. Stdnger pointed out that there is an alleged violation on the boat, which has been done before; on the utility trailer which could be a repeat violation; an allegation of a current tag which would be a repeat; but the specific Section 98.36E has been found before. He noted that a similar provision about parking a recreational vehicle has been found, but it is a different code section, and a repeat violation must be the same provision. He then summarized by indicating that there would be three repeats, but the fourth violation would not be a repeat. Chmn. Neglia listed the repeat violations as the boat, the utility trailer, and no current tag on the recreational vehicle. There was more discussion of this issue. MOTION by Cosco/Griffin I'll make a motion that we find Shannon Cook in violation of Sections 20A- 5.16.C.4 and Section 20A-5.16.C.7, Case #99-015382, and that we will fine him two hundred and fifty dollars ($250) pertaining to Section 20A-5.16.C.4. Roll call: VC. Cosco - yes Ms. Barczyk - yes Mr. Schofield - yes Chmn. Neglia - yes Mr. Davis (a) - yes Ms. Griffin - yes The vote was 6 - 0. Motion carried. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 18, 1999 ATTORNEY'S MATTERS: Atty. Stringer noted that a new procedure will be forthcoming to cover emergency or hazardous situations in the nuisance ordinance, and the time given for correction will be changed from fourteen (14) days to forty-eight (48) hours if it is an endangerment to safety. He gave further information on this issue including involvement by the City, and filing of a lien. MEMBERS MATTERS: The subject of Robert Taylor was brought up by Mr. Schofield, and after brief comments, it was determined that the Board should not get into this subject because it may come back before this Board. Ms. Barczyk commented that the background information provided on Shannon Cook was excellent, with all violations categorized. Other members agreed. PUBLIC iNPUT: Margit Finnazo, 449 Georgia Blvd. commented that she would like to see the rules and regulations of the City applied to all residents, not just one person on a street. Mr. Davis commented that he feels he should follow staff recommendation since they do a tremendous job of handling the violations. There was more discussion on this issue. Ms. Brauer mentioned hearing a rumor that she and Mr. Zelinski were not doing their job since they didn't bring anyone before this Board last month. She related a conversation that she had with officer Shapiro of Veto Beach, and he noted that he has 99% compliance. She then noted that she is getting compliance also. She then commented on reasons why she and Mr. Zelinski pass by some violations because they are committed to visit a different location. But she noted that she usually comes back and picks up the violation that she passed by at a different time. Mr. Al Vilardi spoke of the violation that continues in the alley behind some commercial sites. He suggested a flat fine be issued to the violators to encourage them to stop putting debris at the rear of the property. Tracy Hass commented on the situation mentioned by Mr. Vilardi, and noted that each time Code Enforcement goes to this location they get compliance, which is why the violators never come before this Board. He also noted that in one instance, residents are leaving debris in a dumpster that is meant for the commercial establishment. Ms. Brauer commented that kids have been seen spreading debris from a dumpster behind Sebastian Plumbing. There was some discussion about glue being the enticing factor at this location. Mr. Hass complimented Ms. Brauer and Mr. Zelinski on the diligence with which they tackle each complaint. CODE ENFORCEMENT BOARD MINUTES Of REGULAR MEETING OF AUGUST 18, 1999 Chairman Neglia adjourned the meeting at 4:21 p.m. (8/23/99 AB)