HomeMy WebLinkAbout09211994CODE ENFORCEMENT BOARD
REGUI~R MEETING
SEPTEMBER 21, 1994
THE MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN KOSTENBADER AT
2:04 P.M.
ROLL CALL:
PRESENT:
VICE CHAIRMAN KOSTENBADER
MR. METCALF
MR. NEGLIA
MR. NICOLINI
ATTORNEY LULICH
EXCUSED:
LATE:
CHAIRMAN GILLIAMS
MR. GENERAZIO
ALSO PRESENT:
BRUCE COOPER, BUILDING OFFICIAL
TIMOTHY WILLIAMS, ASSISTANT CITY ATTORNEY
LEADETH SMITH, CODE ENFORCEMENT OFFICER
APPROVAL OF MINUTES:
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO
ACCEPT THE MINUTES AS READ OF THE REGULAR MEETING }{ELD ON MAY 18,
1994.
ROLL CALL:
MR. NICOLINI YES
MR. NEGLIA YES
MR. METCALF YES
VICE CHAIRMAN KOSTENBADER YES
MOTION CARRIED.
ATTORNEY'S MATTERS: NONE
OLD BUSINESS: NONE
NEW BUSINESS:
CASE# 94-9549
ROLF MORRIS
THE BOARD ATTORNEY, STEVEN LULICH, SWORE IN EVERYONE WHO WOULD BE
TESTIFYING REGARDING THIS CASE. MR. MORRIS WAS PRESENT FOR THIS
MEETING. ATTORNEY LULICH ASKED MR. MORRIS IF HE WANTED THE SECTION
OF THE CODE READ TO HIM. HE STATED HE ALREADY READ IT.
CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 21,!994
PAGE 2
ASSISTANT CITY ATTORNEY, TIMOTHY WILLIAMS, QUESTIONED LEA SMITH,
CODE ENFORCEMENT OFFICER, REGARDING THIS CASE. ON 6/16/94 SHE WENT
OUT AND INSPECTED THE SITE WHERE THE BOAT IS AND THEN CONTACTED THE
MARINE PATROL. THE MARINE PATROL TOLD LEA THAT THEY WERE TRYING TO
GET THE IDENTIFICATION NUMBERS TO FIND OUT THE OWNER. THE LAST
OWNER THEY HAD RECORD OF WAS ROLF MORRIS. A CERTIFIED LETTER DATED
JULY 6, 1994 WAS SENT TO MR. MORRIS IN CARE OF NIMBUS IRRIGATION.
THIS LETTER WAS GIVEN AS THE CITY'S EXHIBIT A. THE BOAT IS LOCATED
APPROXIMATELY ACROSS FROM 1623 INDIAN RIVER DRIVE. AFTER SENDING
THIS FIRST NOTICE, MRS. SMITH REINSPECTED THIS ON 7/17/94 AND
NUMEROUS OTHER TIMES. AS OF SEPTEMBER 21, 1994, THE BOAT WAS STILL
THERE. THE NOTICE OF VIOLATION OF HEARING WAS HAND CARRIED BY MRS.
SMITH TO MR. MORRIS. THIS WAS GIVEN AS THE CITY'S EXHIBIT B. LEA
SMITH TOOK A PICTURE AROUND 12:00 P.M. ON 9/21/94. THIS PICTURE
WAS GIVEN AS EVIDENCE.
MR. JOSEPH GENERAZIO ARRIVED AT THE MEETING AT 2:10 P.M.
MR. ROLF MORRIS GAVE HIS TESTIMONY ON THIS CASE. HE STATED HE HAD
TO GO TO COURT ABOUT ONE MONTH AGO AND WAS AFRAID TO TOUCH THE BOAT
BEFORE HE WENT TO COURT. ON JANUARY 12, 1993, HE SOLD THE BOAT TO
BRIAN MACKEY AND IF HE BOARDED THE BOAT TO TRY TO REMOVE IT OR CUT
IT UP, HE COULD HAVE BEEN CHARGED WITH PIRACY. JUDGE WILD FROM
VERO BEACH WOULD VERIFY THAT. HE GAVE AS EVIDENCE A NOTE WHICH HE
RECEIVED ON 7/21/94 ALLOWING HIM PERMISSION FROM BRIAN MACKEY TO
BOARD THE VESSEL FOR THE PURPOSE OF DISMEMBERMENT AND REMOVAL.
SINCE THAT TIME, MR. MORRIS HAS BEEN OUT THERE FOUR TIMES AND THERE
IS ONLY ONE-THIRD OF THAT VESSEL STILL IN THE WATER. HE IS DOING
THIS WORK ALONE.
MR. NEGLIA ASKED MR. MORRIS HOW LONG IT WOULD TAKE TO CLEAR THIS
UP. MR. MORRIS STATED HE SHOULD BE ABLE TO BY THIS WEEKEND. HE
HAS A FRIEND THAT WILL BE HELPING HIM.
MR. GENERAZIO ASKED WHEN MR. MORRIS WAS SERVED NOTICE, DID HE
NOTIFY THE CODE ENFORCEMENT OFFICER THAT HE SOLD THE VESSEL. MR.
MORRIS SAID HE DID NOT. MRS. SMITH LEFT AFTER SERVING THE NOTICE.
HE DIDN'T KNOW IF IT WOULD HAVE MATTER AT THAT POINT IN TIME.
MR. COOPER ASKED MR. MORRIS IF HE DISPUTED THAT HE WAS RESPONSIBLE
FOR THAT VESSEL. MR. MORRIS STATED HE KNEW HE WAS RESPONSIBLE.
THE CITY RECOMMENDS THAT THE RESPONDENT REMOVE THE BOAT ON OR
BEFORE OCTOBER 12, 1994 AND IF HE FAILED TO DO THAT, HE WOULD BE
SUBJECT TO A FINE OF $250.00 PER DAY.
MR. GENERAZIO ASKED IF THERE IS ANYWAY THAT WE COULD INVOLVE MR.
MACKEY IN THE RESPONSIBILITY OF MOVING THIS VESSEL, BEING HE IS THE
RIGHTFUL OWNER. THE ASSISTANT CITY ATTORNEY STATED WE WOULD HAVE
TO GIVE HIM DUE NOTICE.
CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 21,.!994
PAGE 3
MR. NICOLINI ASKED MR. MORRIS IF HE WOULD BE ABLE TO REMOVE THE
VESSEL BY OCTOBER 12, 1994. MR. MORRIS STATED IT SHOULD BE ENOUGH
TIME.
MR. METCALF ASKED MR. MORRIS IF HE PAID A FEE FOR MOORING
PRIVILEGES. MR. MORRIS STATED NO. MR. COOPER STATED IF THERE ARE
RIPARIAN RIGHTS BEING VIOLATED BY A OWNER OF PROPERTY, THAT WOULD
BE A CIVIL MATTER.
A MOTION WAS MADE BY MR. NICOLINI IN REFERENCE TO 94-9549 THAT WE
ACCEPT THE CITY'S FINDINGS AND GIVE MR. MORRIS TIME TO CLEAR THIS
MATTER UP.
ATTORNEY LULICH ASKED MR. NICOLINI IF HE WANTED TIIE MOTION TO READ
AS PROPOSED BY THE CITY. MR. GENERAZIO SECONDED THIS MOTION.
ATTORNEY LULICH STATED FOR A POINT OF CLARIFICATION, THE MOTION
STATES THAT IT WAS FOUND THAT THE OWNER HAD A SUNKEN 44 FOOT
TRIMARAIg BOAT LOCATED ON THE INDIAN RIVER, EAST OF 1623 INDIAN
RIVER DRIVE.
ROLL CALL:
MR. METCALF YES
MR. NICOLINI YES
VICE CHAIRMAN KOSTENBADER YES
MR. GENERAZIO YES
MR. NEGLIA YES
MOTION CARRIED.
MR. COOPER ASKED MR. MORRIS TO CONTACT OUR DEPARTMENT WHEN HE HAS
COMES INTO COMPLIANCE SO WE CAN REINSPECT THIS VIOLATION.
BOARD ATTORNEY REQUEST AND REPORTS: NONE
BUILDING OFFICIAL'S MATTERS:
MR. COOPER GAVE THE BOARD MEMBERS A DATA SHEET THAT LEA SMITH HAD
CREATED. THIS IS TO SHOW THAT WE ARE STILL ACTIVELY IN THE PROCESS
OF CODE ENFORCEMENT, EVEN THOUGH THE BOARD HAD NOT MET FOR SEVERAL
MONTHS. THIS REPORT WILL GIVE AN OUTLINE OF CASES STILL PENDING
AND CASES THAT HAVE BEEN CLOSED.
MR. COOPER WELCOMED MR. WILLIAMS AS OUR NEW ASSISTANT CITY
ATTORNEY.
CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 21,1994
PAGE 4
GENERAL DISCUSSION:
ATTORNEY LULiCH ASKED IF A CASE IS CLOSED IF THERE IS A LIEN PLACED
ON IT.
MR. COOPER STATED THAT NONE OF THE OPEN CASES SHOULD HAVE LIENS ON
THEM. WE GENERALLY CLOSE THEM OUT SINCE A LIEN HAS BEEN PLACED AND
CAN'T GO ANY FURTNER.
MR. GENERAZIO ANNOUNCED HE WAS NOT AT THE MEETING WHEN LEA SMITH
WAS WELCOMED BY THE BOARD. SHE IS DOING A GREAT JOB. HE ASKED IF
THE BOARD COULD MEET EVERY TWO OR THREE MONTHS WHETHER THERE IS A
CASE PENDING OR NOT JUST FOR GENERAL DISCUSSION. MR. COOPER STATED
THE ONLY REASON WE DID NOT DO THIS BEFORE IS BECAUSE WE }{AVE TO PAY
THE TWO ATTORNEYS. THE BOARD AGREED TO HAVE A MEETING EVERY OTHER
MONTH EVEN IF THERE IS NOTHING ON THE AGENDA. WE WILL NOT ASK THE
ATTORNEYS TO ATTEND THE MEETINGS IF THERE ARE NO CASES UNLESS
SPECIFICALLY REQUESTED BY A BOARD MEMBER.
PUBLIC iNPUT: NONE
ADJOURN:
A MOTION WAS MADE BY MR. NEGLIA, SECONDED BY MR. GENERAZIO TO
ADJOURN THE MEETING OF SEPTEMBER 21, 1994 AT 2:32 P.M..
Minutes approved at the
DOrri 'B~swOrth'
Da-~16a~ 2! ~) , 1994 Meeting.
Damien Gi~ams, Chai'~man
Code Enforcement Board Secretary