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HomeMy WebLinkAbout09221999 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING SEPTEMBER 22, 1999 Chairman Neglia called the meeting to order at 3:03 PM. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Ms. Barczyk Mr. Cavallo Chmn. Neglia Ms. Gdffin VC Cosco Mr. Davis(a) Mr. Morozowski(a) Mr. Schofield Mr. Connelly (arrived at 3:08 PM) ALSO PRESENT: Tracy Hass, Planning and Growth Management Director Rich Stringer, City Attorney Kathy Brauer, Code Enforcement Officer Timothy Zelinski, Code Enforcement Officer Dorri Bosworth, Secretary ANNOUNCEMENTS: Chmn. Neglia welcomed a new Board member, Mr. Joseph Morozowski(a), and noted that Mr. Davis will vote in place of Mr. Connelly who is absent. APPROVAL OF MINUTES: MOTION by Barczyk/Cosco I'd like to make a motion to approve the minutes of August 18th, 1999. A voice vote was taken. All were in favor. OLD BUSINESS: A. Determination of Compliance - Repeat Violation Hearing - Case #99- 15382-Shannon Cook- 868 Schumann Drive Kathy Brauer gave information that Mr. Cook was fined $250.00 in August, 1999, and has not paid it yet, and wants the amount reduced. Ms. Brauer noted that this week, the wind knocked Mr. Cook's entire carport down. She also noted that Mr. Cook is in compliance at this time. Mr. Shannon Cook was present and was sworn in by Atty. Stringer, along with Kathy Brauer. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF SEPTEMBER 22, 1999 Mr. Cook stated that he intends to pay the fine, but needs a few more days to get the money together. There was discussion on this issue. MOTION by Griffin/Barczyk I make a motion that we give Shannon Cook another week, which would make it the 29th to pay the fine. Roll call: VC Cosco - yes Chmn. Neglia - yes Mr. Cavallo - yes Ms. Gdffin - yes Mr. Schofield - yes Ms. Barczyk - yes Mr. Davis(a) - yes The vote was 7 - 0. Motion carded. NEW BUSINESS: B. Violation Hearing - Case #99-15525 - Hermanas Mexican Restaurant - 10795 U.S. Hghwy. #1 - Section 20A-15.3, Land Development Code Kathy Brauer gave information about this case and submitted a photo (Exhibit A) of a banner displayed outside the above mentioned restaurant. (Mr. Tut Connelly arrived at this meeting at 3:08 PM.) There was no one present representing Hermanas Mexican Restaurant. Ms. Brauer continued with her presentation, noted that the banner was to be removed, but the principals never removed it. She gave a one-day notice of violation on August 26th, 1999, and it was still there as of today. She noted that Liz Caldwell picked up a permit application to start the process on Sept. 21, 1999. VC Cosco wondered if this banner was worth paying attention to. Ms. Gdffin commented that it may have gone up not knowing the City regulation, but after notification, it remains in place. Tracy Hass gave some history on this issue. There were further comments from Board members. MOTION by Cosco/ I'm going to make a motion that we continue this until the next scheduled meeting in the hopes that they pull the permit and do the proper thing. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF SEPTEMBER 22, 1999 The above motion died for lack of a second. MOTION by Gdffin/Barczyk I make a motion that we find Hermanas Mexican Restaurant, Case #99-15525, in violation, Section 20A-15.3; I'd like to impose a fine of $150.00 (one hundred and fifty dollars) per day and they have a week to get a permit and come into compliance or remove it. There was much discussion by the Board members. Ms. Barczyk withdrew her second on the motion. Ms. Gdffin amended the motion to read that: "Ms. Caldwell (owner of Hermanas) should be given one (1) week to come into compliance, then the fine should be $150 (one hundred fifty dollars) per day." Ms. Barczyk seconded this motion. Mr. Cavallo - yes Mr Connelly - no Chmn. Neglia - yes VC Cosco - no Ms. Barczyk - yes Ms. Griffin - yes Mr. Schofield - yes The vote was 5 - 2. Motion carried. C. Violation hearing - Case f~39-15597 - Vincent & Ellyn Giordano - 1073 Barber Street - Section 20A-5.16.1.B, Land Development Code The appellant, Vincent Giordano, was not present. Tim Zelinski gave information on this issue and presented a photo depicting the vehicle in violation. He proceeded to explain his various visits to this site and comments made by Mr. Giordano and his refusal to sign the order or attend any meeting or pay any fine. He also noted that Mr. Giordano has a home occupational license which does not allow this truck to be parked at his home. Atty. Stringer noted that a Code Enforcement lien cannot be attached to a Homestead property, but it could be attached to the truck, in this case. MOTION by Cosco/Connelly I'll make a motion in Case #99-15597, we find Mr. Giordano in violation of Section 20A-5.16.1.B of the Land Development Code, but is in compliance now, and in the future, if he violates the ordinance, we will set the fine at that time and he could be charged up to $500 per day. Mr. Connelly commented that Mr. Giordano's Home Occupational license could probably be revoked if he refuses to abide by the requirements. This issue was discussed. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF SEPTEMBER 22, 1999 Roll call: Mr. Cavallo -yes Ms. Barczyk VC Cosco - yes Chmn. Neglia Mr. Schofield -yes Ms. Gdffin Mr. Connelly - yes The vote was 7 - 0. Motion carried. ATTORNEY MATTERS: MEMBERS MATTERS: None - yes - yes - yes Mr. Schofield asked for an update on the Robert Taylor case. Atty. Stringer indicated that he would get together with Tracy Hass in the near future. Ms. Barczyk asked when the new Land Development Code would be ready. Tracy gave a tentative schedule on the staff and LPA review and indicated that it will be after the first of the new year. Mr. Davis asked about trees on vacant lots leaning toward homes on adjacent lots. There was discussion on this issue. Chmn. Neglia inquired about noisy air conditioners. There was discussion on this issue. He also inquired about a pooper-scooper regulation. Mr. Zelinski commented that we go by the County regulation. Chmn. Neglia also asked Atty. Stringer if a Code Enforcement Board member could be appointed as an alternate after having already served six (6) years on the Board. Arty. Stdnger responded that yes, a regular member with six (6) years on the Board could be reappointed as an alternate if no other qualified person can be found to apply. Chron. Neglia adjourned the meeting at 3:47 PM. (9/30/99 AB) 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537 [] FAX (561) 589-2566 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD ~.,,~~~C'~ ,.~.~, I~qc[ APPROVED AT MEETING HELD " SALVATORE NEGL E. ANN BRACK