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HomeMy WebLinkAbout08211996CODE ENFORCEMENT BOARD REG ,U,,LAR MEETING AUGUST 21. 1996 Chairman Generazio called the meeting to order at 2:02 p.m. ROLL CALL= PRESENT: Mr. Oliver Mr. Goelz Mr. Metcalf Mr. May Chmn. Generazio Mr. Neglia Mr. Cosco Mr. Costa, Alternate ABSENT: Mr. Steven Lulich, Board Attorney ALSO PRESENT: Ms. Valerie Settles, City Attorney Ken Schmitt, Code Enforcement Officer Dorri Bosworth, Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES: Mr. Neglia made a motion to approve the minutes of the last meeting, July 17, 1996. Mr. Metcalf seconded the motion. Roll call was taken. 7-0 motion carried. OLD BUSINESS: Ms. Settles reviewed the discussion City Council had at their meeting of August 14th regarding the Board's recommendations for filling two expired positions. Mr. Michael Oliver was appointed to the general contractor's position. Council also decided the engineer's position should be advertised instead of appointing the alternate, Mr. Costa, as recommended by the Board. Ms. Settles explained it was by Florida Statute that the position should be held by an engineer. NEW BUSINESS: CASE #96-11527 - 1473 SEAHOUSE STREET - JAMES DOLLINS Mr. Goelz excused himself from the hearing stating he had previous knowledge of the case. CODE ENFORCEMENT BOARD REGULAR MEETING OF AUGUS.~.....~..~, 1996 PAGE ~WO Mr. Costa would be voting in place of Mr. Goelz. The respondent, Mr. James Dollins, was not present. The City presented its case to the Board. Mr. Ken Schmitt, Code Enforcement officer, was sworn in. The Board was shown the notice of violation (Exhibit A) which was hand delivered on 6/10/96 to Mr. Dollins for having an unregistered vehicle parked on his property. The notice stated there was a violation of Section 98-36(c) and Mr. Dollins was given 30 days (or by 7/11/96) to correct the violation. The initial complaint also included that there was junk, garbage, and old paint cans on the side of the house. Mr. Schmitt asked Mr. Dollins to clean-up the area which, Mr. Dollins did within 3 days. The Board was also presented with a photograph (Exhibit B) of the vehicle which Mr. Schmitt verified was taken by Mr. Randy Bonar, the other code enforcement officer for the City. Mr. Schmitt stated the picture accurately represented the vehicle as it was on the property today. Exhibit C was the Summons issued to Mr. Dollins to appear before the Board delivered to him on 7/29/96. Mr. Schmitt reviewed the history of previous cases on the property stating the last case was on 4/9/96, also for an unregistered van. The van was relocated to the satisfaction of Mr. Bonar and the case was closed. Another complaint was received and another case was opened, the case being presented to the Board today. Exhibit D presented to the Board was the Notice of Violation and a photograph of the vehicle taken for the earlier case. Chmn. Generazio asked if the van was presently still in violation? Mr. Schmitt stated yes. Chmn. Generazio asked if there was anything inside the van? Mr. Schmitt stated paint cans and drywall compound. Mr. Neglia questioned if Mr. Dollins was the owner of the property? Mr. Schmitt stated yes. Mr. Oliver questioned if the van had been relocated from the place where Mr. Bonar had OK'd it in the previous case? Mr. Schmitt did not know the circumstances of why Mr. Bonar closed the case. Mr. Neglia asked if it was the same van? Mr. Schmitt said judging from the two photos it would be hard to say they were. On 5/10/96 Mr. Bonar reported on his case card that the van was removed and the case was closed. Mr. Costa asked if the van was operable? Mr. Schmitt stated he did not know. Mr. Metcalf asked if there was a license on it? Mr. Schmitt stated no, that was the reason the case was before the Board. CODE ENFORCEMENT BOARD REGULAR MEETING OF AUGUST PAGE THREE Mr. Costa questioned if Mr. Schmitt had checked with the Department of Motor Vehicles to see if the van was registered? Mr. Schmitt stated no, he had not. A discussion took place on a vehicle being registered vs. licensed. The City presented is recommendation of finding Mr. Dollins in violation and given 48 hours from the date of this hearing to remove of license the van or receive a fine. Mr. Cosco pointed out that whether the two cases involved the same van or not, Mr. Dollins was aware of the code. Chmn. Generazio agreed and felt Mr. Dollins was being openly defiant of the code. He also felt the paint cans in the van were a fire hazard and should be issued a separate violation. He didn't agree with the proposed 48 hours and felt the fines should be effective immediately. Mr. May agreed. Ms. Settles stated that based on the conclusions of law, the lack of a license plate was prima facia evidence that the vehicle was unlicensed. Mr. Costa questioned if the vehicle was in fact registered, was the Board liable for any ramifications? Ms. Settles stated no, the code said the vehicle had to be licensed and registered. Mr. Neglia pointed out the respondent had enough time to come before the Board or to Mr. Schmitt with the documentation that the van was registered, licensed and insured. Mr. Costa still had some concerns that the van may be legally registered. Mr. Metcalf made a recommendation that the proposed Order be accepted and respondent shall have 48 hours not to comply but to remove the van, but the fine should be levied now. Mr. Neglia made a recommendation that "we do impose a fine of $50 a day going back to 7/29. That's when he was given the Summons". Ms. Settles stated the fine could only be from this day forward. The secretary pointed out that Section 98-36(f) stated "Any violation of this section shall be a civil infraction, subject to a maximum civil penalty of $100 or a civil penalty of $50 if the person committing the civil infraction does not contest the citation." Ms. Settles stated that section applied for a different method of enforcement. Mr. Neglia amended his recommendation to "starting this day forward". The secretary asked if it was a motion or recommendation? Mr. Neglia then made a motion "that we impose a $50 a day fine starting today against Mr. James R. Dollins for not complying with Section 98-36(c) of the Code of Ordinances." Mr. Metcalf seconded the motion. Mr. Neglia stated the fine was until the van was in compliance. Mr. Oliver thought it was until the van was removed. In compliance CODE .~NFORCEMENT ~OARD REGULAR MEETING OF AUGUST 21, 1996 PAGE FOUR could mean getting licensed and tagged. would be OK too. Mr. Neglia stated that Ms. Settles read from the Florida Statutes and a discussion took place on "repeat violation" and when the daily fines could begin, if possibly back to July 29th. Mr. Neglia wanted a roll call on the motion and suggested Ms. Settles research when a fine can begin for future reference. Roll call was taken: Mr. Oliver NO Mr. Neglia YES Mr. Metcalf YES Mr. Cosco YES · Mr. May YES Mr. Costa NO Chmn. Generazio YES The motion carried 5-2. ATTORNEY MATTERS: Ms. Settles stated she was currently reviewing the ordinances regarding the Code Enforcement Board bring them up to date and in compliance with the Florida Statutes. BUILDING OFF!,~IAL'S MATTERS: None RECOMMENDATION TO CITY COUNCIL - REGULAR MEMBER, ENGINEERING POSITION - TERM TO EXPIRE 8/1/99 Mr. Metcalf's expired engineer position was advertised to the public and three applications were received. The Board interviewed Mr. Thomas Connelly, Mr. John Hearne, and Mr. Dave Costa. Ms. Settles requested a break at 2:47 p.m. She held a discussion with Chmn. Generazio outside. The meeting resumed at 2:51 p.m. All members were present. Chmn. Generazio opened the floor for nominations. Mr. Neglia nominated Mr. Thomas Connelly. nomination. Mr. Metcalf nominated Mr. John Hearne. nomination. Mr. Goelz seconded the Mr. May seconded the CODE ENFORCEMENT BOARD REGULAR MEETING OF AUGUST 21, 1996 PAGE FIVE The following vote was taken: Mr. Goelz CONNELLY Mr. Metcalf HEARNE Mr. May HEARNE Chmn. Generazio CONNELLY Mr. Neglia Mr. Cosco Mr. Oliver CONNELLY HEARNE CONNELLY Mr. Connelly carried the vote 4-3. Mr. Neglia made a motion that "we send to City Council a recommendation of Mr. T.T. Connelly to fill the open position of engineer." Mr. Cosco seconded the motion. A voice vote was taken. Ail members were in favor. Ms. Settles made a motion "to have the last hearing, the only hearing today, re-opened." There was some information she wanted to make the Board aware of. She stated Section 98-36 did provide for a penalty of $100 if the violation went through the Police Department. The Code Enforcement Board was governed by Florida Statutes, Chapter 162 which, provided for a $250 penalty, which the Board could levy if they so desired. Secondly, she stated before a fine could start accumulating for consecutive days, the respondent has to be given a certain amount of time to come into compliance. The Board could issue a penalty for the violation, then give a certain amount of hours to correct the violation. If not brought into compliance then, the daily fines could start. The Board would have to meet again to issue an Order for the daily fines to begin. Mr. Oliver questioned if the daily fines could be $250 maximum or $250 a day maximum? Ms. Settles stated $250 a day for the first violation & then $500 a day for a repeat violation. If Mr. Dollins was given 24 hours to comply and didn't, at the next meeting the Board could order the fines to begin from the time given to come into compliance. Mr. Neglia withdrew his previous motion. Ms. Settles went over the City's proposed Order changing the fine to $250 and giving the Respondent to comply within 24 hours, and then it was $250 a day for non-compliance. But stated the Board needed to meet again to issue an Order for the daily fines. According to the statutes the Board has to be notified by the Code inspector that the Order hasn't been complied with. Mr. Oliver questioned if a lien could be placed on the van or real property? Ms. Settles stated it could be placed on real property. CODE ENFORCEMENT BOARD REGULAR MEETING OF AUGUST 21, 1996 PAGE SiX Mr. Costa stated he felt if the Board reconvened to issue another order for the daily fines it could be considered a reoccurrence which, then could be ordered $500 a day fines. Ms. Settles concurred. Mr. Oliver made a motion that "we find him {respondent} in violation with a $250 fine effective today and that upon a signing by the Chairman that he is to comply to the Order to remove the vehicle or get it licensed or insured so that it is in compliance. If he doesn't do that within 24 hours, he start to incur a $250 a day fine every that he doesn't comply." Mr. Metcalf seconded the motion. Ms. Settles again stated the Board would have to meet again so that the Code Enforcement Officer could notify them of any non- compliance. Mr. Costa stated he had some concerns on the amount of fines being issued. The following roll call was taken: Chmn. Generazio YES Mr. Metcalf YES Mr. Neglia YES Mr. May YES Mr. Cosco YES Mr. Costa NO Mr. Oliver YES Motion carried 6-1. (Ms. Settles went over the changes to the Order with the secretary after the meeting.) GENERAL DISCUSSION: None PUBLIC INPUT: None ADJOUlttqMENT: Mr. May made a motion to adjourn the meeting. Mr. Oliver seconded the motion. Chmn. Generazio adjourned the meeting at 3:20 p.m. Dorri Boswo~th, Secretary Code Enforcement Board