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HomeMy WebLinkAbout09281998City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 a FAX (561) 589-2566 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE CODE ENFORCEMENT BOARD OF TI-tE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WTT,T, HOLD A SPECIAL MEETING ON MONDAY, SEPTEMBER 28TH, 1998 AT 3:00 P.M. IN TI{E CITY COUNCIL CHAMBERS. DORRI BOS~/ORTH, SECRETARY CODE ENFORCEMENT BOARD 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. NOTE: IN COMPLIANCE WITH THE AMERICAS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLCMTG. WP CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING SEPTEMBER 28, 1998 Acting Chmn. Neglia called the meeting to order at 3:00 pm. The Pledge of Allegiance was said. ROLL CALL.; PRESENT: Jayne Barczyk Actg. Ch. Neglia Mr. Coseo Mr. Schofield Mr. Connelly (late) Elizabeth Griffin(a) Ms. Memtt(a) EXCUSED ABSENCE: Mr. Cavallo ALSO PRESENT: Kathy Brauer, Code Enforcement Officer Tim Zelinski, Code Enforcement Officer Tracy Hass, Growth Management Director Jan King, Growth Management Manager.... Dorri Bosworth, Code Enforcement Secretary Ann Brack, Recording Secretary Rene VanDeVoorde, Board Attorney Kevin MacWilliam, Acting City Attorney ANNOUNCEMENTS;~ Acting Ch. Neglia noted that Ms. Griffin and Ms. Memtt will be voting in place of Mr. Cavallo and Mr. Connelly. APPROVAL OF MINUTES: (9/16/98) MOTION by Memtt/Neglia I move that we accept the minutes as presented. A voice vote was taken. 6 - 0 motion carried. NEW BUSINESS: Acting Ch. Neglia noted that he would start the meeting with the violation hearing for Mr. MacVicar, 704 Madison Street, Sebastian, FL. CODE ENFORCEMENT BOARD SPECIAL MEETING OF SEPTEMBER 28, 1998 B. Violation Hearing - Case ~P)8-14117 - Michael MacVicar - 704 Madison Avenue (Street) At this point, Attorney VanDeVoorde swore in Mr. Zelinski, Ms. Brauer, Mr. MacViear and Mr. mass. Attorney MacWilliam presented case #98-14117, which included two alleged violations, Section 66.3 § I of the Code of Ordinances, a nuisance of trash and litter. He indicated that the second violation is from the Land Development Code, Section 20A-5.12.C, planting in public right-of- way. Through questioning of Ms. Bauer, Atty. MacWilliam established the chronology of evidence in this case against Mr. MacVicar, tenant, and Ms. Cieslak, owner. Ms. Bauer indicated that there were tires, plastic jugs, and other trash stored next to the house, mulch and numerous pieces of twigs and trees all over the driveway, and she left a courtesy notice and verbal warning at this location on 7/13/98, giving them seven (7) days to correct the situation. On 7/14/98, she spoke with Michael MacVicar on cleaning the property up, and gave them at least a month to complete this. She returned on 8/25/98 and most items were cleaned up except for three (3) large bags of rubbish at the side of the house. Mr. MacVicar was waiting for a friend to come and pick them up. She received a complaint on 9/9/98 and upon visiting the property on this date, saw that various plants were planted in the right-of-way, the mulch was back coveting the driveway, and trash of tires, metal pieces, etc. were at the side of the house. She noted that this was not the same trash as seen on the original visit, and she issued a violation for tires and trash at the side of the house, and for plants in the right-of-way, with four (4) days to correct it. She returned on 9/14/98 and there was no change, and a letter was sent to Mr. MacVicar to appear before this Board. She indicated pictures that she took on 9/9/98 and 9/28/98, and noted that there was no change. Attorney MacWilliam asked that these two photos be entered as City Exhibits #1, and #2. The respondents had no objection. At this point, Attorney VanDeVoorde swore in Mrs. Cieslak for testimony. Ms. Brauer noted that corn, sunflowers and millet are planted in the right-of-way, and mulch is spread all over the driveway, and there is bird seed planted m it and he waters it. A video taken by Mr. Zelinski this morning was provided, and it showed the subject property as it is today. There was no objection from Mr. MacVicar or Mrs. Cieslak to this video. This video shows all of the issues in violation that have been so far discussed. Attorney VanDeVoorde noted that this video is entered as City's Exhibit #3. Mr. Michael MacVicar, 704 Madison St., Sebastian, was present and gave a presentation. He noted that he spread '~mulch" on the driveway with birdseed planted in it to keep the plant roots in his garden cool; "awnings" (blankets) on the house to keep the house cool; and in his opimon, the mulch on the driveway was not debris. He also indicated that the plants growing in the right-of- way are no different than grass growing there. CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 1998 Mrs. Connie Cieslak, owner of the property at 704 Madison Street, was present and gave a presentation. She indicated that she is not in favor of Mr. MacVicar using her property in this manner. She also mentioned the long tree limb that is placed across the driveway entrance which prevents her from entering the property. She noted that she rents a room to Mr. MacVicar, and she uses the other part of the house for storage. There were other issues that she mentioned. Acting Chmn. Neglia explained that this Board cannot solve landlord/tenant problems. This Board only has jurisdiction on the code violations. There was a repetition of comments from both respondents. Mr. MacVicar stated that he has never denied Mrs. Cieslak's right to come on the property, and has never denied her access. Mrs. Cieslak responded to Ms. Barczyk that her trash (tires, ere) could be removed within a couple of days. In response to Ms. Barczyk's question about the plantings, chair, and railroad ties, Mrs. Cieslak stated that those issues are Mr. MacVicar's issues. There was some discussion on the definition of the word "planting", and Mr. Hass gave information from the code. Ms. Barczyk noted that anything over ten (10) inches should be cut. Mr, MacVicar gave more presentation, and asked that he be allowed to finish the harvest of the present plants before he has to take them out of the right-of-way. During discussion, Atty. VanDeVoorde cautioned Board members against making suggestions to the property owner relative to any remedies pertaining to landlord/tenant problems, which are not Code issues. Ms. Brauer noted that the "mulch" on the driveway was a code violation in that it is considered debris. Mr. MacVicar countered with his opinion that mulch is NOT debris, otherwise mulch would not be sold all over the country. Mrs. Cieslak admitted photographs of the property taken by Ms. Bauer in July, 1998 identified as Cieslak Exhibits #1 and 2. Mr. MacVicar objected to these photos because "...they are irrelevant to the proceedings that we're dealing with right now", which is two violations, trash on the side of the house and the planting on the right-of-way. He stated "I have a right to mulch my own driveway". He gave several more comments. Mr. I-lass noted that staff has presented their case, and it is now up to this Board to make a determination. He further noted that the City code does not contain any language as to what to consider mulch, or whether it is considered debris. He also noted that since the mulch has been placed on top of a paved parking area, smffconsiders this mulch as debris or refuse. Atty. MacWilliam submitted another photo taken by Ms. Brauer on 9/9/98 depicting the mulch all CODE ENFORCEMENT BOARD SPECIAL MEETING OF SEPTEMBER 28, 1998 over the asphalt. Ms. Brauer noted that as of today, the only difference compared to the 9/9/98 photo is that the millet that Mr. MacVicar planted in the mulch is now growing and is turning the mulch green. This photo was submitted as City's Exhibit Acting Ch. Neglia started to make a motion, and after discussion, rescinded it. MOTION by Neglia/Griffin I'd like to make another motion that we find Mr. MacVicar, tenant, Connie Cieslak, property owner, in violation of Section 20A-5.12.C, of the Land Development Code, and [Ordinance 0-93-01 (this ordinance number is erroneous)], with the consideration that the vegetable plants that are planted in the right-of-way can be leR there until the crop is completely harvested by December 31, 1998, then no more vegetable plants be planted in that area. If he doesn't come into compliance there will be a fifty-dollar ($50) a day fine till he comes into compliance. (Ms. Griffin seconded all additions to the motion.) Discussion: Mr. I-Iass noted that even with the stipulated time for compliance in the above motion, it must be approved by Planning and Zoning and City Council, to plant in the right- of-way. There was discussion on this issue. Roll call: Mr. Cosco - yes Jayne Barczyk - yes Mr. Schofield - yes Actg. Ch. Neglia - yes Mr. Connelly - no Ms. Merritt(a) - yes Elizabeth Griffin(a) - yes The vote was 6 - 1. Motion carried. At this point, it was established that since Mr. Connelly had arrived, Ms. C_rriffi would be voting in place of the vacant position of Chmn. Generazio. MOTION by Neglia/Cosco (or Griffin) I'd like to make a motion that we find Mr. Michael MacVicar, tenant, Connie Ceislak, property owner, in violation, Section 66.3.1 of the Code of Ordinances, and give them fifteen (15) days to clean it up, if not, we will start the fifty dollar ($50) a day for every day you don't come into compliance, based on the accumulations of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter. Roll call: Acting Ch. Neglia - yes Mr. Connelly - yes Jayne Barczyk - yes Mr. Cosco - yes Mr. Schofield - yes Elizabeth Griffin(a) - yes Ms. Memtt(a) - yes CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 1998 The vote was 7 - 0. Motion carried. There was discussion on the mulch on the driveway. MOTION by Neglia/Griffin I'd like to make a motion by Mr. MacVicar, and Connie Ceislak, they are in violation of Section 20A-5.12.C of the Land Development Code, of the mulch and debris deposited in public fight-of-way which is the part of the driveway that's in the fight-of-way, must be removed within fifteen (15) days, if not, you will be in violation and fined fifty dollars ($50) a day for each day that you do not come into compliance. During discussion on this motion, it was clarified that it is classified as "debris", and refers only to what is in thc fight-of-way. Roll call: Acting Ch. Neglia - yes Mr. Connelly - no Mr. Cosco - yes Jayne Barczyk - yes Elizabeth Griffin - yes Ms. Merritt(a) - no Mr. Schofield - yes The vote was 5 - 2. Motion carded. A. Non-compliance Hearing - Case ~g)8-13684 - Robert Taylor, Angler's Obsession - 1647 Indian River Drive Attorney MacWilliam noted that he received a letter from Mr. I-Iass, last Friday, from Attorney Robert German of Fort Pierce, who apparently represents Mr. Taylor in various legal proceedings. To his letter, he attached a letter from a doctor who indicated that Mr. Taylor should not take part in any legal proceedings which would "exacerbate his angina" that he now has from his heart condition. Atty. MacWilliam indicated that he contacted Atty. German last Friday as a courtesy, and that he would have Atty. VanDeVoorde contact him on Monday, and Atty. MacWilliam was not agreeing to any type of continuance at that time. He also indicated to Mr. German that hc was not going to agree to a continuance since there possible fines being levied daily in this case, but preferred to let this Board make a determination. Atty. VanDeVoorde noted that he was out of town part of Friday, and did not speak to Atty. German's office on that day. He passed around to Board members copies of a letter he had received from Atty. Lobdell, III, indicating that Mr. German apparently had an accident over the weekend and could not attend today's hearing. Atty. VanDeVoorde spoke to Atty. Lobdell today and it was indicated that Atty. Lobdell could not attend this hearing today because he was coveting another hearing in Fort Pierce, FL. As a courtesy, Atty. VanDeVoorde recommended setting another date so that Mr. Taylor's Attorneys can be here to hear the evidence and cross-examine. He also noted that the letter from the doctor does not indicate when he might be able to attend, but Mr. Taylor does not need to attend the hearing. CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 1998 There was further discussion about fines and continuances, and whether or not any of the violations had been brought rote complianc~. MOTION by Schofield/Cosco I make a motion that we find Mr. Taylor in violation of all five elements, and go ahead with our two-hundred-and-fifty dollar ($250) a day fine, per day, per violation as follows: 1. Failed to construct a paved handicapped parking space as per ADA requirements 2. Failed to provide a trash receptacle location as indicated on the site plan, and failure to provide appropriate screening of this item 3. Failed to provide an adequate landscape buffer along Indian River Drive which would include trees 4. Failed to provide additional parking for the operation of the airboat tours 5. Operating the airboat tour business without an occupational license Discussion: Atty. McWilliam asked Mr. I-lass to mn down the five specific violations and what has been done. He indicated that Mr. I-Iass and Mr. Zelinski have been to the site on Friday and today, and nothing has been done. Mr. Hass listed the violations as: Handicapped parking space not constructed - Mr. Taylor did lay a pad, but it is still m non-compliance because it is not striped this space with appropriate blue and white striping, as well as the standard wheel-chair symbol, as required by the ADA requirements. He indicated that a ramp should be provided from the parking space, and it has not been installed to date. Inappropriate screening of the trash receptacle - Mr. Taylor did provide some screening of the trash receptacle, however it is a non-complying screening. Code requires screening for garbage, refuse, dumpsters, to be screened on at least four sides by masonry walls, fencing or other materials .... at least six (6) feet in height, and rendering said the view invisible from adjacent properties and public rights-of-way. He also noted that all refuse screens must be approved by the Building Official by way of a fence permit, which he did not obtain. Lack of trees and landscape buffer along Indian River Drive - Mr. Taylor has failed to provide any trees, but he does have the landscape hedge in place and it has been moved out of the right-of-way. Sufficient parking for the airboat tours is not provided. No additional parking has been provided for the airboats, and there are approximately eighteen (18) to twenty (20) spaces on site, and the code requires thirteen (13) spaces for his fishing vessel, and approximately eleven (11) spaces for each airboat. CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 1998 5. An occupational license is required for the airboat tour business. It has not been obtained, and Mr. Taylor has not yet applied for it. Mr. Hass indicated that total parking spaces should number thirty-five (35) for all three boats, and he has only approximately eighteen (18) to twenty (20) at present. In response to a question from Mr. Cosco, it was mentioned that there may not be enough property at this site to provide thirty-five (35) spaces. At this point, four (4) photographs were submitted as City Exhibits, and Mr. Hass gave information on each violation as follows: # 1 - Photo of the garbage and refuse area as well as the screening material. This garbage site is not located in the same place as indicated on the site plan. It should be next to the boat dock, on the north side. The screening provided is just three (3) pieces of plywood and some standard landscape timbers, which does not comply with the code requirements #2 - A portion of the handicap parking space that leads out to the dock. it depicts a piece of plywood that is supposed to be a ramp, but it doesn't meet ADA requirements for a ramp onto the dock. He noted that the slope ratio is too great, and it is not wide enough. #3 - The landscape hedge along Indian River Drive, and it does not have any trees in the landscaping. The requirement equals approximately five (5) trees for approximately 261 feet of frontage, #4 - The overall picture of the handicap parking space, which indicated a bland slab with no appropriate markings. These four photos were admitted as evidence as City's Exhibits 1, 2, 3, and 4. There was discussion on the amount of the fine, how long it might accrue, and future consideration of an exorbitant total fine. Both Attorneys indicated that at some point, such a fine could be adjusted by a proper authority. In response to a question from Ms. Barczyk, it was noted that Mr. Taylor has been aware of the enforcement order since September 16, 1998. Atty. MacWilliam noted that Mr. Taylor was presem at the August 18, 1998 meeting, at which time he was given thirty (30) days to bring all issues into compliance. It was not reduced to written form till September 16, 1998. Mr. Hass noted that the alleged violations have been in existence since the second week of January, 1998 - it hasn't just happened. He indicated that these were conditions of his original site plan approval, and were just submitted to the Code Enforcement Board at~r several months of trying to CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 1998 get him to come into compliance. Roll call: Mr. Cosco - yes Mr. Connelly - yes Mr. Schofield - yes Ms. Memtt(a) - yes Actg. Ch. Neglia - yes Elizabeth Griffin(a) - yes Jayne Barczyk - yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS: Acting Ch. Neglia asked that all regular Board members be present at the January meeting to elect new officers of this Board. All members present agreed. There was discussion on setting a date for a workshop. Atty. MacWilliam suggested having the Secretary review the schedule for the availability of the council chambcrs, then get in touch with Board members for approval, within the next week. There was a bricf discussion on whether or not Board members should or should not drive by any of the above sites for further clarification, and it was suggested that this issue be covered during the workshop meeting. The meeting was adjourned at 5:17 pm. (9/30/98 AB) City of Sebastian 1225 MAIN STREET [] SFBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING APPROVED AT MEETING HELD_ ~-,T/)~--, ,~!j~,t,, ! q~' E. ANN BRACK