HomeMy WebLinkAbout01081986Mi'NUTES OF MEETING OF CODE ENFORCEMENT BOARD - JANUARY 8, 1986
MEETING WAS CALLED TO ORDER BY CHAIRMAN GEORGE LA PORTE AT 2:00 P.M.
PRESENT: CHAIRMAN GEORGE LA PORTE, MARTIN LEWIS, GEORGE McCLEARY, ELIZABETH O'CONNOR,
JAMES FLOYD, CHARLES GRAY, BOARD ATTORNEY GREGORY GORE, CITY ATTORNEY THOMAS PALMER.
MOTION BY MR. LEWIS, SECONDED BY MR. McCLEARY, TO APPROVE THE MINUTES OF THE MEETING
OF DECEMBER ll, 1985. CARRIED.
STATUS OF CASE NO. 85-5 - KEPPLER ~ ATTORNEY PALMER REPORTED THAT HE IS STILL TRYING
TO ASCERTAIN TH~ EXACT DATE WHEN PLANS WERE SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL
REGULATIONS. HE TALKED TO MR. KEPPLER TODAY AND LEARNED THAT, WEATHER PERMITTING, THE
FILTRATION SYSTEM WILL BE COMPLETED AND READY FOR INSPECTION NEXT WEEK. APPLICATION
FOR A FRANCHISE SHOULD BE RECEIVED SHORTLY. MR. KEPPLER ADVISED THAT HE HAD GIVEN
A CHECK TO HIS ATTORNEY IN PAYMENT FOR THE PIPES, WHICH .INADVERTENTLY HAD LAIN ON
THE ATTORNEY'S DESK FOR A WEEK. ATTORNEY PALMER IS HOPEFUL THIS ENTIRE MATTER IS
ON ITS WAY TO SOLVING ITSELF. MR. LEWIS POINTED OUT THAT UNTIL THIS BOARD GETS
NOTIFICATION OF THE EXACT DATE THE REQUEST WAS SUBMITTED TO DER THE FINE CANNOT
BE LIFTED.
STATUS OF CASE NO. 85~12 ~ TAYLOR - MR. TAYLOR WAS GIVEN 20 WORKING DAYS TO CLEAN UP
HIS PROPERTY BUT NO ONE HAS BEEN ABLE TO CONTACT HIM. IT IS NOT KNOWN WHETHER MR.
TAYLOR OWNS THE PROPERTY. ATTORNEY GORE WILL TRY TO FIND OUT WHO DOES OWN THE
PROPERTY. AN ORDER OF ENFORCEMENT WAS DRAWN UP BY ATTORNEY GORE IMPOSING A FINE
OF $25. A DAY STARTING DECEMBER 3.
MOTION BY MRS. O'CONNOR, SECONDED BY MR. FLOYD, TO SERVE THE ORDER OF ENFORCEMENT.
CARRIED.
CASE NO. 86-1 - HENRY FISCHER - ATTORNEY PALMER STATED WE HAVE A VIOLATION OF A
FENCE WHICH IS NOT A PERIMETER FENCE AROUND A LOT, BUT ENCLOSES AN AREA ADJACENT
TO A SINGLE FAMILY RESIDENCE (A JACCUZZI AREA). A PERMIT WAS ISSUED BY THE BUILDING
DEPARTMENT FOR 6 FEET. THE FENCE IS 7% FEET TALL. CODE ALLOWS THE PLANNING AND
ZONING COMMISSION TO GRANT PERMISSION. IT'S NOT A VARIANCE. IT'S NOT A SPECIAL
EXCEPTION. IT'S A PERMISSION, BUT IN THE CONFINES OF THEIR DISCRETION UNDER THE CODE,
SECTION 20-A-5.9, TO ALLOW FENCES UP TO BUT NOT TO EXCEED 10 FEET IN HEIGHT IF THEY
FIND, AS A MATTER OF FACT, THAT THE FENCE IS SAFE AND VISUALLY COMPATIBLE WITH THE
AREA WHICH IS ENCLOSED. WHAT MR. FISCHER WOULD LIKE TO DO IS TO APPLY TO THE P & Z
FOR FORMAL PERMISSION IF THEY SEE FIT TO APPROVE THIS FENCE AS CONSTRUCTED. THERE
IS NO DISPUTE THAT THE FENCE VIOLATES THE 6 FOOT HEIGHT LIMITATION. THE QUESTION
IS WHETHER P & Z WILL FIND IT IS SAFE AND VISUALLY COMPATIBLE WHERE IT IS LOCATED.
MR. FISCHER WAS SWORN IN AND STATED THAT WHEN THE HOUSE WAS BUILT, THE ARCHITECT
HAD DRAWN IN THE DEPTH BUT FORGOT TO SHOW THE FENCE ON THE PLANS. THE AREA ENCLOSED
IS ABOUT 10' x 14'
MR. CLOUTIER, BUILDING OFFICIAL, WAS SWORN IN AND STATED THAT THE FENCE HAS BEEN
PUT UP WITHOUT A PERMIT. A PERMIT HAD BEEN ISSUED FOR A 6 FOOT FENCE, BUT MR.
FISCHER NEVER PICKED IT UP UNTIL TODAY. HE WAS CITED MAINLY FOR BUILDING WITHOUT
THE PERMIT. MR. CLOUTIER HAS NO OBJECTION TO HIS ASKING THE P & Z TO APPROVE.
MOTION BY MRS. O'CONNOR, SECONDED BY MR. McCLEARY, TO TABLE THIS MATTER UNTIL THE
MARCH MEETING TO GET AN UP-DATE ON THE P & Z ACTION. CARRIED.
CASE NO. 86-2 - JAMES AND MARY PARRISH - ATTORNEY PALMER REPORTED THAT THIS MATTER
HAS BEEN RESOLVED.
CASE NO. 86-3 - BARBARA PRICKER - MRS. PRICKER WAS NOT PRESENT. CHIEF NAPPI EX-
PLAINED THAT n JUNKED CAR IS LOCATED ON n LOT OWNED BY MRS. PRICKER - THE FIRST
LOT TO THE WEST OF 573 WIMBROW DRIVE. CHI~ m4~I SERVED A. ~0 ~aY NQT_I_CE ON._.~R__S~.
PRICKER IN OCTOBER. SHE. DID NOT ............ COMPLY WITH THE NOTICE AND VACATED THE HOUSE ON
T~E ADJACENT LOT. JUST RECENTLY CHIEF NAPPI OBTAINED A P.O. BOX NUMBER, BUT NO
RESPONSE HAS BEEN RECEIVED FROM EFFORTS TO CONTACT HER. ATTORNEY GORE ADVISED
THAT THE CODE ENFORCEMENT BOARD DOES NOT HAVE THE AUTHORITY TO HAVE THE CAR
TOWED AWAY, BUT THE CITY DOES.
MOTION BY MRS. O'CONNOR, SECONDED BY MR. LEWIS, TO TABLE UNTIL NEXT MEETING TO FIND
OUT WHAT PROGRESS THE CITY MAKES.
MR. WILLIAM BEVAN, 2045 CORTEZ AVENUE, VERO BEACH, WAS SWORN IN BY ATTORNEY GORE AND
TESTIFIED THAT HE WAS THE ORIGINAL OWNER OF THE HOUSE AND TWO LOTS UNDER DISCUSSION.
THE LOT WITH THE HOUSE ON HAS BEEN RE-POSSESSED BY HIM, BUT THE LOT WHERE THE CAR
IS LOCATED IS STILL OWNED BY MRS. PRICKER AND IS HEAVILY ENCUMBERED BY LIENS.
MR. BEVAN REMARKED THAT IF THIS MATTER IS TABLED FOR A MONTH, SHOULDN'T THE BOARD
ASK THE CITY TO TAKE SOME ACTION. ATTORNEY GORE ADVISED THAT THE BOARD CANNOT
DIRECT THE CITY COUNCIL TO TAKE ACTION. IT CAN ONLY IMPOSE FINES. MR. BEVAN COULD
APPROACH THE COUNCIL HIMSELF. ATTORNEY PALMER ADVISED THAT ALTHOUGH WE COULD NEVER
~PEC.T_T.O CO~E~? 4...FINE,. MRS....~RI~ER ..~HOU~D__ ~.. F~N~ I.~ .~IO.~ATION AN~ A FINE IMPOSED.
MOTION BY MR. LEWIS, SECONDED BY MR. FLOYD, THAT BARBARA PRICKER, CASE NO. 86-3, BE
-- FOUND IN VIOLATION OF CHAPTER 12, SECTION 30 AND 31, CODE OF ORDINANCES, AND BE
GIVEN lO DAYS TO REMOVE JUNK VEHICLE OR SE SUBJECT TO A FINE OF $25. A DAY.
AFTER n DISCUSSION ABOUT LEAVING THE FINE OPEN-ENDED, MR. FLOYD WITHDREW HIS SECOND;
MR. LEWIS WITHDREW HIS MOTION.
MOTION BY MR. LA PORTE, SECONDED mY MRS. O'CONNOR, RECOGNIZING CASE NO. 86-3, A
VIOLATION BY BARBARA PRICKER OF AUTOMOBILE AND JUNK ON VACANT LOT, WE REQUIRE CORRECT-
ION WITHIN 10 DAYS OR A FLAT FINE OF $250. WILL BE IMPOSED.
ROLL CALL VOTE: AYES: MR. McCLEARY
MRS. O'CONNOR
MR. FLOYD
MR. GRAY
CHAIRMAN LA PORTE
NAYS: MR. LEWIS
CARRIED.
ATTORNEY GORE MENTIONED THAT CHIEF NAPPI HAS BEEN RECEIVING COMPLAINTS FROM OUTSIDE
THE CITY CONCERNING BARKING DOGS AT THE LIN MARC KENNELS INSIDE THE CITY. IT HIS
CONTENTION THAT WE CAN ONLY ENTERTAIN GREIVANCES PRESENTED BY CITIZENS OF SEBASTIAN
CONCERNING VIOLATIONS WITHIN THE CITY. NON-RESIDENTS MUST APPLY TO THE COUNTY, OR
GO TO COURT.
THERE FOLLOWED A DISCUSSION ABOUT NOTIFYING ABSENT PROPERTY OWNERS AS WELL AS OCCU-
PANTS OF ANY VIOLATIONS. THE DISCUSSION REVOLVED AROUND THE DIFFICULTY OF FINDING
OUT WHO THE OWNERS ARE. MR. FLOYD OFFERED TO TRY TO FIND THE ADDRESSES, WHEN NEEDED,
THROUGH THE RECORDS HE HAS IN HIS OFFICE. IN THE FUTURE, BOTH OWNER AND OCCUPANT
WILL BE NOTIFIED OF VIOLATIONS.
MEETING ADJOURNED AT 3:37 P.M.
MEETING OF CODE ENFORCEMENT BOARD
JANUARY 8, 1986 - 2:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVE MINUTES OF MEETING OF DECEMBER ll
ATTORNEY'S MATTERS:
STATUS OF CASE NO. 85-5 - KEPPLER
OLD BUSINESS:
CASE NO. 85-12 - TAYLOR
NEW BUSINESS:
CASE NO. 86-1 ~ HENRY A. FISCHER
CASE NO. 86-2 ~ JAMES AND MARY PARRISH
CASE NO. 86-3 - BARBARA BRICKER
BOARD ATTORNEY REQUESTS AND REPORTS:
ADJOURN