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HomeMy WebLinkAbout09151993a CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15~ 1993 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLIAMS AT 2:00 P.M. ROLL CALL: PRESENT: MR. DEROBERTIS MR. NICOLINI MR. METCALF MR. TOZZOLO CHAIRMAN GILLIAMS ATTORNEY LULICH EXCUSED: MR. FISCHER VICE CHAIRMAN KOSTENBADER BRUCE COOPER, BUILDING OFFICIAL PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON AUGUST 18, 1993. ROLL CALL: MR. DEROBERTIS MR. NICOLINI MR. METCALF MR. TOZZOLO CHAIRMAN GILLIAMS YES YES YES YES YES THE MOTION WAS CARRIED. ATTORNEY'S MATTERS: RICHARD TORPY, ASSISTANT CITY ATTORNEY, REPORTED TO THE BOARD THAT THE STURM APPEAL WHICH WAS PENDING FOR SOME TIME HAS BEEN DISMISSED. THE ORDER REGARDING THE TRASH WHICH WAS UNDER APPEAL HAD BEEN STAYED. THIS MEANS THE CITY HAD AGREED NOT TO ENFORCE IT. HE HAS FORWARDED A LETTER ONTO THE CITY ADVISING THEM THAT AT THIS POINT THEY CAN BEGIN TO ENFORCE THAT ORDER AS THOUGH THE APPEAL HAD NEVER BEEN TAKEN. OLD BUSINESS: NONE CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 15f 1993 PAGE 2 NEW BUSINESS: CASE # 93-8368 BRIAN & PATRICIA STROHM ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING REGARDING THIS CASE. MR. & MRS. STROHM WERE PRESENT. THE BOARD ATTORNEY READ THE SECTION OF THE CODE PERTAINING TO THIS VIOLATION. RICHARD TORPY, ASSISTANT CITY ATTORNEY, QUESTIONED MR. NICHOLSON, CODE ENFORCEMENT OFFICER. THE CASE ORIGINATED ON JUNE 29, 1993 AGAINST BRIAN AND PATRICIA STROHM OF 957 BEACH LANE, SEBASTIAN (LOT 6, BLOCK 622, UNIT 9 SEBASTIAN HIGHLANDS). THERE WERE THREE COMPLAINTS: RV (BOAT) WAS NOT OWNED BY THE RESIDENT; RV DID NOT HAVE CURRENT FLORIDA REGISTRATION; AND THERE WERE MORE THAN TWO (2) RVS ON THE LOT. THERE WAS A LARGE CABIN CRUISER ON THE LOT. MR. NICHOLSON TALKED TO MR. STROHM PREVIOUSLY. HE DOES NOT HAVE TITLE TO THIS BOAT BUT CLAIMS HE PAID FOR IT. NO PROOF WAS GIVEN. THE BOAT WAS REGISTERED TO RAIDER BOAT CORPORATION WHERE MR. STROHM WAS EMPLOYED AT THAT TIME. AT THE TIME OF THE ORIGINAL INVESTIGATION THERE WAS A CABIN CRUISER, A SAIL BOAT AND A TRAILER. THE ORIGINAL WRITTEN NOTICE WAS MAILED ON JUNE 30, 1993 BUT WAS NOT ACCEPTED BY MR. & MRS. STROHM. AGAIN ON AUGUST 4TH, THE SAME NOTICE WAS DELIVERED BY ASSURED COURIER AND SIGNED BY MRS. STROHM'S DAUGHTER. THE RECHECK DATE WAS 8/14/93 AND AT THAT TIME THERE WERE STILL THREE (3) RVS ON THE LOT. THE ORIGINAL NOTICES WERE GIVEN TO THE BOARD AS THE CITY'S EXHIBIT #1. ON AUGUST 17, 1993 MR. NiCHOLSON WROTE MR. & MRS. STROHM A LETTER TO CLARIFY THE ISSUE. THE LETTER WAS SERVED BY SGT. EWERT OF THE SEBASTIAN POLICE DEPARTMENT AND ACCEPTED BY BRIAN STROHM. IN ORDER TO CORRECT THE VIOLATIONS, MR. NICHOLSON REQUESTED THAT THEY DO THE FOLLOWING: REMOVE THE BOAT TRAILER OR MOUNT THE SAIL BOAT ONTO THE TRAILER WHICH WOULD MAKE IT ONLY ONE RV. IN LIEU OF THE TITLE, WE WOULD ACCEPT A NOTARIZED COPY OF THE BILL SHOWING HE PAID FOR IT. IN THIS LETTER, THERE WERE 7 DAYS TO COMPLY. TO DATE, THE CITY HAS RECEIVED NO NOTIFICATION OF ANY TYPE REGARDING ANY PROOF OF OWNERSHIP OF THE CABIN CRUISER. THERE WERE STILL 3 RVS ON THE PROPERTY. HOWEVER THE MAKEUP OF THE RVS HAD CHANGED. AS OF 9/14/93 THERE WAS A CABIN CRUISER, OUTBOARD MOTOR BOAT AND A TRAILER. THE LETTER DATED 8/17/93 WAS GIVEN AS CITY'S EXHIBIT #2. THE NOTICE OF VIOLATION HEARING WAS SERVED BY MR. NICHOLSON ON 9/7/93 AND WAS SIGNED'BY BRIAN STROHM. THIS NOTICE WAS GIVEN AS THE CITY'S EXHIBIT #3. ON 9/14/93 AT 11:00 A.M. AN INSPECTION WAS MADE WHICH SHOWED A CABIN CRUISER, OUTBOARD CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 15~ 1993 PAGE 3 MOTOR BOAT A_ND A TRAILER ON THE PROPERTY. 9/7/93 WERE GIVEN AS CITY'S EXHIBIT #4. THREE PHOTOS DATED BRIAN STROHM GAVE HIS TESTIMONY. HE STATED HE HAS A 28 FT. CABIN CRUISER ON HIS PROPERTY WHICH DOES NOT NEED A CURRENT REGISTRATION SINCE iT HAS NO ENGINES IN IT AT THIS TIME. MR. NICHOLSON CAME TO HIS FORMER PLACE OF EMPLOYMENT AND HARASSED HIM THREE TIMES. HIS EMPLOYER GAVE HIS DEALER STICKER TO APPEASE MR. NICHOLSON. THE SAIL BOAT WAS NOT ON HIS PROPERTY. RICHARD TORPY, ASSISTANT CITY ATTORNEY, SUGGESTED MR. STROHM SHOULD STICK TO THE FACTS OF WHETHER THE VIOLATIONS DID OCCUR. MR. STROHM ASKED MR. NICHOLSON WHERE THE PICTURE WAS THAT HE TOOK ON AUGUST 16, 1993 OF THE SAIL BOAT TRAILER SITTING OUTSIDE MY PROPERTY LINE NEXT DOOR. MR. NICHOLSON SAID IF IT WAS ON THE NEXT DOOR PROPERTY, IT WOULD BE WITH THE CASE CARD RELATING TO THAT RESIDENCE. MR. STROHM STATED HE HAS ALUMINUM FRAME WORK THAT HE IS BUILDING. IT IS NOT REGISTERED AS ANYTHING AND NOT COMPLETE. HE IS NOT SURE IT WILL BE A BOAT TRAILER AT THIS POINT IN TIME. THE SAIL BOAT IS NOT IN HIS YARD AND HAS NOT BEEN FOR A GOOD TWO WEEKS. THE CABIN CRUISER HAS NO ENGINES IN IT AND DOES NOT NEED A CURRENT STATE FLORIDA REGISTRATION. THE SAIL BOAT DOES NOT NEED A REGISTRATION EITHER. HE HAS NOT GOTTEN HIS BILL OF SALE FOR THE CABIN CRUISER SINCE THE GENTLEMEN THAT PREVIOUSLY OWNED iT IS STILL IN SOUTH AMERICA. HE STATED HE OWES ONE PAYMENT ON IT AND WHEN HE GETS HIS PAPER, HE WILL PAY HIS FINAL PAYMENT. ATTORNEY TORPY ASKED MR. STROHM HOW THE SAIL BOAT GOT NEXT DOOR. WHEN HE LEFT THE EMPLOYMENT OF RAIDER BOATS, HE MOVED IT OUT AND PUT IT ON THE PROPERTY NEXT DOOR TO HIM. HE HAD PERMISSION TO PUT THE SAIL BOAT THERE. ATTORNEY TORPY ALSO ASKED MR. STROHM ABOUT THE ALUMINUM STRUCTURE. MR. STROHM STATED IT CONSISTED OF TWO 21 FT. EYE BEAMS. IT HAS A WHEEL ASSEMBLY SITTING UNDER IT BUT NOT ATTACHED IN ANYWAY. IT WILL BE A TRAILER OF SOME TYPE. ATTORNEY TORPY ASKED MR. STROHM IF THERE IS A MOTOR BOAT ON HIS PROPERTY, IS THERE THIS ALUMINUM STRUCTURE AND IS THERE A 28 FT. CABIN CRUISER ON HIS PROPERTY. MR. STROHM STATED YES. CHAIRMAN GILLIAMS ASKED MR. STROHM IF ANY OF THESE RVS HAD TO BE REGISTERED. MR. STROHM STATED NO. ATTORNEY LULICH, BOARD ATTORNEY, READ SECTION 5.16 - DEFINITION OF R.V. AND VEHICLE. CHAIRMAN GILLIAMS ASKED MR. STROHM IF HE HAS A BILL OF SALE FOR THE CABIN CRUISER YET. MR. STROHM SAID HE HAD A PURCHASE AGREEMENT WITH THE GENTLEMEN THAT ACTUALLY HOLDS THE TITLE. MR. STROHM DID NOT HAVE IT WITH HIM. CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 15~ 1993 PAGE 4 ATTORNEY TORPY STATED WITH REGARD TO THE OWNERSHIP ISSUE, THE CITY IS NOT AS CONCERNED ABOUT THAT AS LONG AS MR. STROHM HAS TESTIFIED UNDER OATH THAT HE HAS SOME EQUITABLE INTEREST IN THAT BOAT. THE CITY HAS ASKED SOME FORM OF PROOF BUT NONE WAS GIVEN. HOWEVER, THE CITY IS CONCERNED ABOUT TWO OTHER ISSUES. WHETHER OR NOT THE STATE OF FLORIDA REQUIRES THIS BOAT TO BE REGISTERED IS NOT THE POINT. THE CITY BROUGHT HIM BEFORE THE BOARD BECAUSE OF THE REQUIREMENT OF SECTION 20A- 5.16(C)(7) WHICH STATES THAT A RECREATIONAL VEHICLE MUST BEAR A CURRENT STATE OF FLORIDA REGISTRATION. WITH REGARD TO HOW MANY VEHICLES MR. STROHM HAD ON HIS PROPERTY, HE TESTIFIED THAT HE HAD A CABIN CRUISER, OUTBOARD MOTOR BOAT AND A STRUCTURE WITH WHEELS. THE CITY WOULD LIKE A ORDER OF VIOLATION BECAUSE WE BELIEVE MR. STROHM IS PLAYING GAMES WITH THE CITY TO INTENTIONALLY VIOLATE THE CODE. MR. STRORM STATED THE LETTER IS BASED ON THE SAIL BOAT, A BOAT TRAILER AND A CABIN CRUISER. -THEY ARE NOT IN HIS YARD AND WERE NOT AT THE TIME THIS LETTER WAS DONE. THE PICTURE OF A BLUE MOTOR BOAT WAS NOT IN HIS YARD AND HE HAS RECEIPTS TO PROVE THAT IT HAS BEEN IN STORAGE. THE LETTERS ARE BASED ON LIES AND MR. NICHOLSON TWISTED THE FACTS AND THE PICTURES SHOWN IS NOT WHAT IS IN HIS YARD. MRS. STROHM,~2~F~~FAR AS THE TRAILER, THE TRAILER IS HELD TOGETHER B~OLDING THE WHEELS ON. IT WOULD BE HAZARDOUS AND A POTENTIAL PROBLEM TO PUT ANY TYPE OF BOAT ON THE TRAILER. AS FAR AS SHE IS CONCERNED, MR. NICHOLSON HAS DONE NOTHING BUT TO HARASS THEM. ATTORNEY TORPY ASKED MRS. STROHM WHY THE ISSUE OF PARKING THE SAIL BOAT IN HER NEIGHBORS YARD BROUGHT UP. MRS. STROHM STATED THE NEIGHBOR KNEW IT WAS A WEDDING GIFT AND UNDER REPAIR. THE BOAT WAS PUT ON THE NEIGHBOR'S PROPERTY BECAUSE OF LACK OF ROOM. THE CITY'S RECOMMENDATION IS TO FIND MR. STROHM IN VIOLATION AND BECAUSE OF THE NATURE OF THIS CASE, THE CITY REQUEST THE BOARD TO GIVE THE VIOLATOR 5 DAYS TO COME INTO COMPLIANCE AND IF NOT IMPOSE A $100.00 FiNE PER DAY. ATTORNEY LULiCH GAVE THE BOARD SOME POINTS OF REFERENCE. WHEN DETERMINING WHETHER THERE IS A VIOLATION OR NOT, THERE IS BASICALLY THREE THINGS YOU SHOULD TAKE INTO CONSIDERATION. MUST DETERMINE IF THERE WERE MORE THAN TWO RVS; WERE ALL THE VEHICLES REGISTERED OR NOT AND IF THEY WERE OWNED BY THE RESIDENT OR NOT. CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 15~ 1993 PAGE 5 ATTORNEY TORPY STATED THE ISSUE OF OWNERSHIP IS BEING WITHDRAWN. MR. STROHM STATED THAT STATE LAWS OVER RIDE COUNTY OR CITY LAWS. THE STATE LAW SAYS THE TRAILER IS NOT A RV. ATTORNEY TORPY DISAGREED. IN THIS INSTANCES HE DID NOT BELIEVE THE LAW PREEMPTS. THE STATE LAW GENERALLY DEALS WITH THE AREA OF BEFORE THEY COULD BE PLACED IN THE WATER AND USED IN THE WATERWAYS. THE REGISTRATION REQUIREMENTS FOR THE CITY OF SEBASTIAN DEAL WITH ANOTHER ISSUE. ATTORNEY TORPY READ THE DEFINITION OF A TRAILER TO THE BOARD. IT STATED DESIGNED FOR CARRYING. THE INTENT IS TO USE THIS STRUCTURE AS A TRAILER. WHAT STAGE OF COMPLETION IS ABSOLUTELY IRRELEVANT. ATTORNEY TORPY STATED THE CITY IS WITHDRAWING SECTION (C)(1). A MOTION WAS MADE BY MR. METCALF IN REFERENCE TO CASE # 93- 8368 BE DISMISSED DUE TO THE FACT THAT NO VIOLATION OF SECTION 20A-5.16 HAS OCCURRED. MOTION DIED FROM LACK OF SECOND. A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY MR. NICOLINI AS FAR AS CASE# 93-8368 WOULD RECOMMEND THAT THE BOARD ACCEPT THE CITY'S PROPOSAL WITH ADJUSTING THESE THINGS: TAKE OUT #1, TABLE #7 AND FIND HIM GUILTY ON #9. GIVE HIM 21 CALENDAR DAYS TO COMPLY OR $100 PER DAY FINE WILL BE IMPOSED. MR. TOZZOLO AMENDED HIS MOTION AND MR. NICOLINI AMENDED HIS SECOND TO STRIKE SECTION 20A-5.16(C)(7) AND WILL ONLY READ (C)(9). ROLL CALL: CHAIRMAN GILLIAMS MR. DEROBERTIS MR. NICOLiNI MR. TOZZOLO MR. METCALF MOTION CARRIED. YES YES YES YES NO BOARD ATTORNEY REQUESTS AND REPORTS: NONE CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 15~. 1993 PAGE 6 BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION: NONE PUBLIC INPUT: NONE ADJOURN: A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. TOZZOLO TO ADJOURN THE MEETING AT 3:25 P.M. CARRIED. Minutes approved at the Gerry Kub~s ~ ' Board Secretary , 1993 Meeting. Chairman ** Approved Minutes with correction to Page 4, Paragraph 3. Should read C Clamps instead of Sea Claps