HomeMy WebLinkAbout10211992 CODE ENFORCEMENT BOARD
REGULAR MEETING
OCTOBER ~ 1992 - 2,00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2,07
P.M.
ROLL CALL
PRESENT,
MR. NICOLINI
MR. METCALF
MR. TOZZOLO
CHAIRMAN DEROBERTiS
MRS. KOSTENBADER
VICE CHAIRMAN FISCHER
ATTORNEY LULICH
LATE,
MR. GILLIAMS
ALSO PRESENT,
BRUCE COOPER,
BUILDING OFFICIAL
RICHARD TORPY.
ASSISTANT CITY ATTORNEY
ROBERT NICHOLSON,
CODE ENFORCEMENT OFFICER
APPROVAL OF MINUTES,
A MOTION WAS MADE BY MR. NICOLiNi, SECONDED BY MR. METCALF
TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON
SEPTEMBER 16, 1992.
MOTION CARRIED.
ATTORNEY'S MATTERS,
ATTORNEY LULICH GAVE THE BOARD MEMBERS A REVISION TO THE
PROPOSED MOTION FORM AND A MEMORANDUM WHETHER THE BOARD CAN
RECOMMEND REVISIONS OR NEW ORDINANCES. AFTER A DISCUSSION ON
THE REVISION OF THE PROPOSED MOTION FORM. THE BOARD AGREED TO
CHANGE ONE SENTENCE TO READ THE FOLLOWING, "A FINE OF
$ IS IMPOSED TO BE PAID NOT LATER THAN CALENDAR
DAYS (INSTEAD OF WORKING DAYS) AFTER RECEIPT OF NOTICE OF
THIS MEETING".
CODE ENFORCEMENT BOARD - REGULAR MEETING - OCTOBER 21~ 1992
PAGE 2
CHAIRMAN DEROBERTIS STATED THE MEMO FROM THE BOARD ATTORNEY
STATED THAT APPARENTLY THERE WAS NO PROBLEM RECOMMENDING
ORDINANCES LEGALLY ALTHOUGH WE WILL NOT STEP OUT OF OUR
BOUNDS AND TRY TO CREATE NEW THINGS.
OLD BUSINESS,
NONE
NEW BUSINESS,
CASE# 92-7138
CHARLES J. HOSTI
THE BOARD ATTORNEY, STEVE LULICH, SWORE IN EVERYONE THAT
MIGHT TESTIFY TODAY.
THE ASSISTANT CITY ATTORNEY PRESENTED A LETTER OF
AUTHORIZATION FROM MR. HOSTI TO ALLOW HIS GIRLFRIEND,
STEPHANIE HANNEN, TO REPRESENT HIH BEFORE THE BOARD TODAY.
HE COULD NOT BE HERE BECAUSE OF WORK. HISS HANNEN IS ASKING
FOR A FEW WEEKS EXTENSION TO REMOVE THE VEHICLE FROM THE
DRIVEWAY.
ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, GAVE HIS
TESTIMONY REGARDING THIS CASE. ON AUGUST 12, 1992 HE NOTICED
A JUNK VEHICLE AT THE RESIDENCE AT 442 COLUMBUS STREET. HE
TALKED TO MR. HOSTI AND INFORMED HIM OF THE HATTER. THE CITY
SENT HIM A CERTIFIED LETTER ON 8/13/92 CONCERNING A JUNK
AUTO, SECTION 12-31. THERE WAS A RECHECK DATE OF 9/16/92 AND
THE AUTO WAS NOT REMOVED. AN EXTENSION WAS GRANTED TO
9/22/92. THE VEHICLE WAS REMOVED FROM THE REAR YARD AND PUT
IT iN FRONT YARD. AT THIS TIME THE CASE WAS FORWARDED TO THE
CODE ENFORCEMENT BOARD AND CERTIFIED DELIVERY ON 9/29/92.
AFTER THAT DATE. STEPHANIE HANNEN BROUGHT INFORMATION TO THE
CODE ENFORCEMENT OFFICER. SHE WILL EXPLAIN IN HER TESTIMONY.
AS OF THIS DATE, THE VEHICLE HAS NOT BEEN REMOVED.
THE BOARD ATTORNEY ASKED MISS HANNEN IF SHE WANTED THE
SECTION OF THE CODE READ TO HER. SHE DID NOT. STEPHANIE
HANNEN GAVE HER TESTIMONY CONCERNING THIS CASE. MISS HANNEN
SAID THE ONLY REASON THEY ARE ASKING FOR AN EXTENSION IS THAT
THEY ARE WAITING FOR THE TITLE TO THE CAR SO THE VEHICLE CAN
BE SOLD. THE CAR IS ACTUALLY REGISTERED IN THE STATE OF
GEORGIA. MR. HOSTI'S PARENTS ARE THE OWNERS OF THIS VEHICLE.
CODE ENFORCEMENT OFFICER - REGULAR MEETING - OCTOBER ~ 1992
PAGE 3
CHARLES HOSTI MOVED TO FLORIDA APPROXIMATELY DECEMBER OR
JANUARY 1992. MRS. HOSTI IS WAITING FOR THE TITLE COMPANY TO
PROCESS THE TITLE AND FOR HER TO SEND IT TO CHARLES. IT
TAKES ABOUT 6 TO 7 WEEKS FOR THE TITLE TO BE PROCESSED.
MR. COOPER ASKED MISS HANNEN IF SHE TRIED TO SELL THE VEHICLE
AND SHE SAID YES BUT NEITHER ONE OF THEM CAN BUY IT WITHOUT
THE TITLE. SHE SAID SHE WOULD TALK TO ONE OF THE PEOPLE
INTERESTED IN BUYING THE CAR AND MAYBE HE WOULD TAKE IT TO
HIS OWN GARAGE TO START FIXING IT UNTIL THE TITLE ARRIVES.
STAFF RECOMMENDS 30 DAYS TO MOVE THE VEHICLE PROVIDING THAT
WE FIND HIM IN VIOLATION BUT NO FINE SHALL BE IMPOSED UNTIL
AFTER 30 DAYS.
A MOTION WAS MADE BY MR. METCALF TO POSTPONE ANY ACTION ON
THIS CASE UNTIL THE NEXT MEETING. MR. NICOLINI SECONDED IT
JUST TO DISCUSS IT.
MOTION DENIED
VOTE i - YES
6 - NO
(MR. METCALF)
A MOTION WAS MADE BY MR. TOZZOLO. SECONDED BY VICE CHAIRMAN
FISCHER iN REFERENCE TO CASE# 92-7138 OF A VIOLATION
INVOLVING MR. CHARLES HOSTI. A VIOLATION DID OCCUR AND MR.
HOSTI CAUSED THE VIOLATION. THE VIOLATION CONSISTED OF A
JUNK AUTO. SECTION 12-31. AN ORDER OF ENFORCEMENT TO CORRECT
THE VIOLATION IS WARRANTED. RECOMMEND 30 CALENDAR DAYS TO
CORRECT THE VIOLATION AND AFTER THAT A FINE OF $25.00 PER DAY
SHALL BE IMPOSED. THIS PER DAY FINE SHALL CONTINUE UNTIL THE
VIOLATION IS CORRECTED.
MOTION CARRIED.
VOTE 6 - YES
i - NO
(MR. GILLIAMS)
CASE# 92-7275
WARREN JAMES FELTZ
MR. FELTZ WAS NOT PRESENT AT THE MEETING.
CODE ENFORCEMENT BOARD - REGULAR MEETING - OCTOBER 21, 1992
PAGE 4
MR. NICHOLSON GAVE HIS TESTIMONY ON THIS CASE. ON 9/24 HE
NOTICED A TRAVEL TRAILER PARKED IN THE DRIVEWAY (SEC. 2OA-5.1
6(C)(4). ON OCTOBER 1, 1992 WENT BACK AND NOT REMOVED. LEFT
DOOR HANGER. ON OCTOBER 5TH LEFT SECOND NOTICE. OCTOBER 7TH
REFERRED THIS CASE TO THE BOARD. A PHOTOGRAPH WAS GIVEN AS
EVIDENCE TO THE BOARD. THE TRAVEL TRAILER HAS BEEN REMOVED
AS OF THIS DATE.
THE CITY'S RECOMMENDATION ON THIS CASE IS TO FIND MR. FELTZ
IN VIOLATION AND A FINE OF $100.OO BE IMPOSED.
A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY MRS.
KOSTENBADER IN REFERENCE TO CASE # 92-7275 INVOLVING MR.
WARREN JAMES FELTZ THAT A VIOLATION DID OCCUR AND THAT MR.
FELTZ WAS RESPONSIBLE FOR THAT VIOLATION. A FINE OF $100.OO
BE IMPOSED TO BE PAID NOT LATER THAN 30 CALENDAR DAYS AFTER
RECEIPT OF NOTICE OF THIS MEETING.
ASSISTANT CITY ATTORNEY STATED THAT A REPEAT VIOLATOR IS ONLY
SOMEONE THAT HAS BEEN BROUGHT BEFORE THIS BOARD, FOUND IN
VIOLATION AND THEN AGAIN BROUGHT BACK TO THE BOARD. THIS
CASE IS A REOCCURRING VIOLATION NOT A REPEAT VIOLATION. MR.
TORPY ALSO ASKED THE BOARD TO IGNORE THE HISTORY THAT IS IN
THEIR PACKET. THE CITY TAKES NO ACTION ON R.V.'S UNLESS THEY
ARE OUT IN FRONT FOR MORE THAN 48 HOURS. THIS BOARD SHALL
NOT RECEIVE BACKUP UNLESS BROUGHT BEFORE BOARD BEFORE (REPEAT
VIOLATOR). MR. TORPY STATED THE BOARD DOES NOT IMPOSE LIENS.
THE BOARD FINDS IN VIOLATION, GIVES AN ORDER OF ENFORCEMENT
AND ONCE THE CITY HAS THE ORDER, THEY CAN FILE THE LIEN IF
THEY WISH. BEFORE PLACING A LIEN, THE CITY DOES NEED THE
BOARD TO AUTHORIZE THE PLACEMENT OF A LIEN.
THE BOARD ATTORNEY STATED THE BOARD HAS THE POWER TO IMPOSE
FINES. IT HAS BEEN PAST PRACTICES OF THE BOARD THAT THEY
HAVE CERTIFIED FINES TO BECOME LIENS.
MR. COOPER STATED THAT IF WE DO NOT HAVE A FLAT FINE, WE
BRING THE CASE BACK TO BE CERTIFIED. THEN THE BOARD CAN
AUTHORIZE A LIEN TO BE PLACED. STAFF SENDS A LETTER IF THE
FINE IS NOT PAID WITHIN ITS TIME FRAME ADVISING THEM OF THE
CITY'S OPTIONS.
AFTER THIS DISCUSSION, THE MOTION WAS CARRIED.
CODE ENFORCEMENT BOARD - REGULAR MEETING - OCTOBER 21, 1992
PAGE 5
BOARD ATTORNEY REOUESTS AND REPORTS:
THE BOARD ATTORNEY WILL RESEARCH THE SENTENCE OF THE PROPOSED
MOTION OF ENFORCEMENT, "A PROPERTY LIEN SHALL BE PLACED AFTER
THIS TIME IF THE FINE IS NOT PAID". HE WILL BRING BACK A
REVISION OF THE FORM.
BUILDING OFFICIAL'S MATTERS:
MR. COOPER ADVISED THE BOARD THAT STAFF DID PRESENT THE
BOARD'S PROPOSED MOTION TO CITY COUNCIL REGARDING AUTOMOBILE
STORAGE ON RESIDENTIAL PROPERTIES. UNFORTUNATELY, THE CITY
COUNCIL DID NOT GO ALONG WITH THE SUGGESTION OF THE BOARD.
GENERAL DISCUSSION:
MRS. KOSTENBADER ASKED WHEN AN AUTOMOBILE IS CONSIDERED JUNK,
ARE YOU STATING THAT IT IS NOT MECHANICALLY OPERABLE OR WOULD
IT BE JUNK IF YOU COULD RUN IT BUT HAD NO LICENSE, WHICH IT
MEANS YOU COULD NOT LEGALLY DRIVE IT. MR. COOPER STATED
RIGHT NOW THE CITY IS NOT ENFORCING THE LICENSE PLATE TO BE
ON THE AUTOMOBILE. THE CITY IS LOOKING INTO ADDING THIS TO
THE CODE. HIS CONCERNS HOWEVER, ARE THAT SOME RESIDENTS MAY
HAVE SONS OR DAUGHTERS IN THE MILITARY SERVICE. THE VEHICLE
MAY BE LEFT WITHOUT ANY LICENSE PLATES WHILE THEY ARE AWAY ON
EXTENDED LEAVE. THE CITY IS REVIEWING THIS.
PUBLIC INPU.T,
NONE
ADJOURN~
A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY VICE CHAIRMAN
FISCHER TO ADJOURN THE MEETING AT 2:55 P.M.
CARRIED.
Minutes approved at the
Board Secretary
1992 Meeting.
Donato Derobertis, Chairman