Loading...
HomeMy WebLinkAbout10172001 CEB CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OCTOBER 17, 2001 Chairwoman Barczyk called the meeting to order at 3:04 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: UNEXCUSED ABSENCE: Chmn. Barczyk Mr. Cosco VC Connelly Mr. Schofield, Mr. Davis(a) ALSO PRESENT: Mr. Neglia Mr. Morozowski(a) Officer Hovasse, Alarm AdministratodCode Enforcement Officer Lt. Lockhart/Code Enforcement Rich Stringer, City Attorney Jeannette Williams Assistant City Clerk Sally Maio, City Clerk/Code Enforcement Secretary Ann Brack, Recording Secretary Councilman Joe Barczyk APPROVAL OF MINUTES: Mr. Neglia asked for an excused absence for the September 19th meeting because he was given a wrong date for this meeting. The Chairwoman concurred. MOTION by Cosco/Neglia I'll make a motion that we accept the minutes of September 19, 2001, as written, with the correction. Roll call: Mr. Neglia - yes Mr. Cosco - yes The vote was 4 - 0. Motion carried. NOTICE OF VIOLATION HEARINGS: Chwmn. Barczyk Mr. Morozowski(a) - yes - yes In the Matter of Michael MacVicar - 704 Madison Street - Case No. 2001- 13677 - Failure to Pay Fines for Violation of Code of Ordinances Section 102-82 Michael MacVicar was not present. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 17, 2001 Officer Dennis Hovasse, Code Enforcement Officer, was sworn in by Atty. Stringer at 3:08 P.M. Officer Hovasse distributed copies of his report on this violation. He noted that Mr. MacVicar has refused to pay for a water violation even after several conversations with him and a certified letter. He was advised by Mr. MacVicar that he would not appear at this hearing and will not pay the fine on the grounds that he grows his own food at his home and the Ordinances do not require him to qualify. He also indicated that Officer Thomas Poore gave a warning on 6/26/01, and cited Mr. MacVicar on 6/30/01. Officer Poore could not be at this meeting today. In response to a question from Mr. Cosco, Officer Hovasse responded that Mr. MacVicar is a tenant at the above address. Atty. Stringer indicated that this violation will only affect the property owner if the owner is cited. Mr. Cosco suggested that since the City has had problems with Mr. MacVicar previously, it might be prudent to cite him through the court system since the City may not be able to collect any fines from this individual. There was discussion on this issue. In response to a question from Mr. Morozowski, Officer Hovasse indicated that Mr. MacVicar waters his garden very often, and could have been cited additional times, but he(Hovasse) was waiting to come before the Board for their determination. He also indicated that he informed Mr. MacVicar that it is his responsibility to come before the Board and defend himself in respect to the Ordinance. Officer Hovasse indicated that he felt Mr. MacVicar totally understands the situation but refuses to cooperate. Atty. Stringer commented that he didn't think this case would go very far in the court system because of the circumstances and prior actions. He indicated that the landlord probably has the most opportunity to press for cooperation. Chairwoman Barczyk commented that the City is under a state of emergency water restrictions and no one should be above that. Atty. Stringer suggested that this case should be continued to the next meeting and cite the landlord. Mr. Neglia asked if any of the previous fines were ever collected, and Atty. Stringer responded that he thinks the City mowing crew was in that vicinity at the time and mowed the right-of-way and the violation went away. MOTION by Cosco/Neglia I'll make a motion that we accept the City Attorney's suggestion and that we continue it to the next meeting so that we can give notice to the landlord/landlady. Roll call: Mr. Cosco - yes Mr. Neglia - yes Mr. Morozowski(a) - yes Chwmn. Barczyk - yes CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 17, 2001 The vote was 4 - 0. Motion carried, In the Matter of Shannon Cook - 868 Schumann Drive - Case No. 2001- 16795 - Parking and Storage of Recreational Vehicles - Land Development Code 54-2.7.13 Shannon Cook, 868 Schumann Drive, was present and was sworn in by Atty. Stringer at 3:18 P.M. Officer Hovasse (previously sworn) distributed copies of photos (Exhibit A) that were taken today of the subject case. Officer Hovasse proceeded to give presentation on this case, noting that he cited Mr. Cook on 8/9 of this year for having too many RV's (total of four (4))on his property. He noted that Mr. Cook has paid his fine and has done a lot of work on the property to clean it up to come into compliance with most of the codes that there were problems with. He noted that there were a few code issues that have not yet become a major issue. He noted that Mr. Cook is building a garage to use as storage. He recommended that Mr. Cook be given a certain amount of time (sixty (60) days) to finish his current project and impose a fine if it is not completed in that time. Mr. Cook noted some personal problems that 'he has had recently, commented that he had built a full garage and a hurricane blew it down, so he has started again. He noted that he has poured twenty-five (25) yards of concrete and all his stem-walls and walls will be up today and the roof will be put on. Chwmn. Barczyk asked Mr. Cook if sixty (60) days would be enough time to complete his project. Mr. Cook responded that after paying $6,500.00 for the engineering, block work, and extra concrete, and he will do more as he gets more money. He then noted that his hobby is cars, and the garage is twelve hundred (1200) square feet. He also noted that someone else owns the field next to his property, but he mows it because he drives across it occasionally. Officer Hovasse noted that the photo copies in the Board members' packets are examples of the violation when Mr. Cook was cited, and the photo copies handed out today show the improvement. Mr, Cook commented that he will need about another $8,000 to put on his roof and install the windows, then he will have the entire house re-stuccoed, and a new metal roof will be installed over the entire house to match the garage. Mr. Neglia asked if ninety (90) days would be better, and Mr. Cook responded that he would like as much time as possible. As discussion progressed, Mr. Cook commented that he is becoming an automotive dealer with a commercial site in Fellsmere. He also has rented a place in Fellsmere to place his vehicles (hot rods, boats, etc.) until his garage is done. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 17, 2001 Chwmn. Barczyk commented to Mr. Cook that if something unforeseen happens, he could go to the Code Enforcement Department and ask for an extension, as long as work is progressing. MOTION by Neglia/Cosco i'd like to make a motion, in case #2001-16795, Shannon Cook of 868 Schumann Drive, give him ninety (90) days to complete projects he has under way, that would be until January 15th at midnight, and if it's not satisfactory to the City, I propose a fifty dollar ($50) fine a day not to exceed one thousand dollars ($1,000.00). Roll call: Mr, Neglia - yes Chwmn. Barczyk - yes Mr. Morozowski(a) - yes Mr. Cosco - yes Chwmn. Barczyk inquired of Atty. Stringer if Chairman/Member matters could be added to the agenda for some 'housekeeping' issues. Atty. Stringer agreed to this. Chwmn. Barczyk reported on the field trip that she, Mr. Cosco, Sal Neglia, VC Tut Connelly, Code Ofcr. Sue Voyten, Police Chief Davis and Officer Hovasse took to visit the Code Enforcement Board activities in Fort Pierce on October 10, 2001. She noted that it was a worthwhile trip and suggested that the Sebastian Board do this same thing every year or two. Chwmn. Barczyk then noted that two (2) members are resigning from this Board - Mr. Cavallo has already sent a resignation letter to Councilman Barczyk, and Mr. Kea has moved outside the City and will be sending a letter of resignation. She noted that an ad needs to be placed in the newspaper advertising for new members. Mr. Cosco agreed with Chwmn. Barczyk's comments on the field trip to Ft. Pierce, and suggested that maybe a different city could be the goal of the next trip. Comments were made by various members about how quickly the Ft. Pierce Board handled a great number of cases. Sal Neglia asked for a Code of Ordinances book. He then inquired about untagged cars in driveways. Atty. Stringer responded that if the vehicle runs, there is no prohibition against it being unlicensed, but there is a prohibition against it being a junk car that doesn't run. Chwmn. Barczyk inquired about liens on homestead property. Atty. Stringer responded that, per Florida Statutes, a Code Enforcement Lien does not attach to homestead property. It will attach to personal property. Sal Neglia asked Sally Maio about a Code of Ordinance book, and she responded that she could supply them. There was discussion about adding Member / Chairman matters to the agenda format. 4 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 17, 2001 Atty. Stringer suggested adding Chairman Matters for internal issues only and reminded the Board members that they may not discuss anything having to do with cases, just stay with internal Board items. Chwmn. Barczyk adjourned the meeting at 3:42 P.M. (10/'18/01 AB)