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HomeMy WebLinkAbout10211998 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OCTOBER 21, 1998 Acting Chain. Neglia called the meeting to order at 3:02 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: la)me Barczyk Actg. Ch. Neglia Mr. Schofield Ms. Too~s Men'iR Mr. Cavallo Mr. Cosco Elizabeth Griffin(a)(arrived at 3:08 pm) EXCISED ABSENCE: Mr. Connelly ALSO PRESENT: Tracy Hass, Growth Management Director Kathy Brauer, Code Enforcement Officer Timothy Zelinski, Code Enforcement Officer Ann Brack, Recording Secretary Kcvin MacWilliam, Acting City Attorney Rcne VanDeVoordc, Board Attorney George Bonacci, Building Director ANNOUNCEMENTS: None APPROVAL OF MINUTES: MOTION by Cosco/Barczyk I make a motion that we approve the minutes. (9/28/98) A voice vote was taken. 6 - 0 motion carried. NEW BUSINESS: Violation Hearing - g98-14099 - Robert J. Kelly - 909 Beach Lane - Section 86-47, Code of Ordinances Mr. MacWilliam noted that the City is withdrawing this hearing for Robert Kelly as he has come into compliance on October 20~h. Discussion - Request for Release of Lien - 1053 Louisiana Avenue - Case ~93-7709 - Mark Lurid CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 21, 1998 Atty. VanDeVoorde swore in Mr. Mark Land at 3:05 pm. Mark Lurid, 500 Kathy Drive, Merritt Island, FL 32952, was present. The staff takes no position on this issue, and Arty MacWilliam suggested that Mr. Lurid may be the best person to explain this ease. Mr. Lurid explained that in April, 1998, he was given a permission note by a friend of his family to cheek the property at 1053 Louisiana Avenue. He noted that this property has been sitting idle for many years. The owner has had several strokes and was moved out of Florida for assistance. He noted that it seems that the first violation report is dated 1985, and it has been sitting idle ever since. He then indicated that the permission slip allowed him to make repairs and see what he could do. He met with Thomas Frame, City Manager, and discussed the lien. Mr. Lund asked that this Board be fair with him since he has brought this property up to code, and he would like to move into it with his family, and he is seeking a lien release. He proceeded to describe the expense and time involved in this property. Chron. Neglia asked why Code Enforcement Officers were not scm to check out this property instead of George Bonacei. Mr. Lurid had a quit-claim deed which was inspected by Atty. VanDeVoorde, who indicated that it was not witnessed properly and was not yet recorded. Mr. Lund noted that it can't be recorded until the lien is released. Atty. VanDeVoorde responded that it could be recorded if in proper form, but Mr. Lund would then be taking on the responsibility of the lieu. Atty. MacWilliam pointed out that if the City should reduce the lien, and Mr. Lund did not go through with filing the quit claim deed, the City would have no recourse - the lien would already have been reduced at that point. He questioned whether or not Mr. Lund is the proper party in interest to terminate the lien without proper rifle to the property. Atty. VanDeVoorde suggested that Mr. Lund obtain a letter from the present owners authorizing him to act in their behalf. He then made a calculation on what the lien would amount to today, and suggested approximately $197,708.33. In reference to a comment by Mr. Lurid, Atty. Max:William suggested he might want to get an attorney because of some tax records that he was in possession of, to find out who owns this property. At this point, Mr. George Bonaeei, Building Director, was sworn in by Atty. VanDeVoorde. Mr. Bonacei indicated that he was asked by the Code Enfomement Dept. to go by the house to see what had been done. He had been through this property over a year ago with Kenny Schmidt, a previous Code Enforcement Officer. He gave a description of the condition it was m then, and noted the many problems that have been cleared up by Mr. Lund. Ms. Memtt suggested that this Board probably should be dealing with the present owner instead of Mr. Lurid. She noted that since Mr. Lund's quitclaim deeds are not recorded, he does not technically own the property. 2 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 21, 1998 (Elizabeth Griffin arrived at 3:08 pm.) Mr. Lurid noted that the assessment on the property is approximately $45,000, and the lien mounts to approximately $200,000, and he didn't want to take that lien on. Atty. VanDeVoorde suggested that Mr. Lurid consult with an attorney before he records a legal document at the Court House records. He then noted that there should be input from staff as to whether or not he is in compliance with this order. He also explained why this board cannot accept a quitclaim deed on its own, as there could be many quitclaim deeds established. He referred to the findings of fact in the order, and noted that each one must be addressed by the Code Enforcement Board. He read the findings of fact and Mr. Bonaeci addressed caeh one, and noted that all issues have been cleared up. Mr. Bonacci referred to a makeshift garage that is in pretty bad shape on this property, but he indicated that Mr. Lurid would like to let it remain for a while, so that he can store things in it as he is working on the house. He also noted that all of the windows have been replaced except one that is in for repair at present. Atty. MacWilliam suggested that the value of the lien may exceed the value of the property, and there may be some discussion by the Board members of what a reasonable fine would be. He indicated that this decision may prompt Mr. Lurid to get proper title to the property. Mr. Ltmd indicated that he would like to see the entire lien released, but he would be willing to pay any administrative costs. Atty. VanDeVoorde noted that the lien, based on $100 per day since 6/28/93, as of 10/28/98, would be approximately $197,708.33. Mr. Hass noted that Mr. Bonaeci was acting as official representative of Code Enforcement. He noted that Mr. Bonaeci had prior knowledge, he knew the existing conditions, and no one else here had that knowledge. He felt the Board should trust his judgement on this. VariOUs Board members voiced their opinions on this issue. Atty. VanDeVoorde noted that no fees may be imposed as administrative fees. R must be strictly a reduction of fine, with written criteria from the Board as to why the fine is being reduced. There was discussion about postponing a decision for one month for backup information, and recording the deed. Atty. VanDeVoorde suggested that the applicant could present at the next meeting evidence that he has a valid deed from the owners, proof of who the current owners are, etc., and a valid deed, even though it may not be recorded as yet. He noted that these are some of the conditions that could be placed on this applicant, but the decision is up to this Board. There was discussion on thc ramifications of reducing the lien. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 21, 1998 MOTION by Neglia/Barczyk I'd like to make a motion to reduce his lien to [$10,000 (ten thousand dollars)]*, and we get a valid recordable deed from the current owners, we get that then we'll reduce the lien to $10,000 (ten thousand dollars). This deed shall be properly executed in favor of Mr. Lurid with evidence of thc proper current owners (E.W. Taylor and John Pfcnninger, Jr.), with a title commitment or an opinion of title from an attorney. Discussion: Mr. Ltmd indicated that he has a copy of a warranty deed showing the current owners as Mr. Taylor and Mr. Pfenninger. It was determined that the proper paperwork must be presented by Mr. Lund at the next Code Enforcement meeting. AME31DMENT TO MOTION by Cosco/Memtt I would move that the lien be reduced to $7,500 (seven thousand, five hundred dollars), because considering the value of the property, he is not going to be a millionaire on it, and the City is doing okay. Roll call on the amendmem: Mr. Cavallo - yes Elizabeth Griffin(a) - no Chron. Neglia - no Mr. Cosco - yes Mr. Schofield - yes Ms. Merritt - yes Jayne Barczyk - no The vote was 4 - 3 to reduce the lien. Amendment carried. Roll call on the motion: Ms. Barczyk - yes Chnm. Neglia - yes Mr. Cosco - yes Mr. Schofiold ~ yes Mr. Cavallo - yes Ms. Griffin(a) - yes Ms. Memtt - yes The vote was 7 - 0. Motion carried. MOTION by Memtt/Cosco I make a motion that we fred that, based on the evidence presented to us by George Bonacci, that the property is now in compliance. Roll Call: Mr. Cavallo - yes Ms. Griffin - yes Chron. Neglia - no Jayne Barczyk - yes Mr. Schofield - no Mr. Cosco - yes Ms. Merritt - yes The vote was 5 - 2. Motion carried. It was established that the next Code Enforcement meeting is to be on November 18', 1998. 4 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF OCTOBER 21, 1998 Discussion - Direction from Board on filing lien for Case g98-13684 - Robert Taylor, Anglers Obsession - 1647 Indian River Drive Atty. MaeWilliam indicated that neither he nor Atty. VanDeVoorde have heard from Mr. Taylor or his attorney. Atty. MacWilliam noted that if the order has not been filed as yet, then it needs to be, immediately. He noted that the City cannot take any aotion on the lien for approximately 90 (ninety) days after it has been recorded. Chmn. Neglia indicated that as of 10/20/98, 32 days times $1,250 equals $40,000, the amount of the lien. Atty. MacWilliam noted that the order and conclusion of the finding of fact should be filed, and the lien will be on an accruing basis from then. MOTION by Cosco/Merritt Pertaining to Case #98~13684, I make the motion that the City go ahead and record the necessary documents to record the lien. Roll call: Chron. Neglia - yes Jayne Barezyk - yes Mr. Cosco - yes Mr. Cavallo - yes Elizabeth Griffin(a) - yes Ms. Merritt - yes Mr. Schofield - yes The vote was 7 - 0. Motion carried. ATTORNEY'S MATTERS: Date for Workshop meeting. After some discussion, there was a consensus to have a workshop meeting on Monday, November 9, 1998, at 2:00 pm. Chron. Neglia adjourned the meeting at 4:50 pm. (11/2/98 AB) Ci~ 0£ Sebastian ~s ~^~ s'rr~sr [] s~_~^s'n^~, ~O~A ~2~8 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD E. ANN BRACK