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HomeMy WebLinkAbout01141987SEBASTIAN CODE ENFORCEMENT - JANUARY 14, 1987 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN O'CONNOR AT 2:00 P.M. ROLL CALL: PRESENT: MR. GRAY MR. FISCHER MR. MCCLEARY MR. MCCOOL ATTORNEY LULICH, BOARD ATTORNEY VICE CHAIRMAN O'CONNOR ABSENT: CHAIRMAN BLOME - EXCUSED ALSO PRESENT: ROGER CLOUTIER, BUILDING OFFICIAL/CODE ENFORCEMENT, RAY THOMPSON, CODE ENFORCEMEWT OFFICER, TOM PALMER, CITY ATTORNEY. APPROVAL OF MINUTES: MOTION BY MR. MCCLEARY, SECONDED BY MR. MEETING HELD 12/10/86 AS WRITTEN. GRAY TO APPROVE THE MINUTES OF MOTION CARRIED. ATTORNEY'S MATTERS: ATTORNEY LULICH INFORMED THE BOARD THAT THE LIENS AGAINST KEPLER, VORATH AND TAYLOR HAD BEEN RECORDED. HE NOTED THAT MR. KEPLER HAS A NEW ADDRESS: 419 HAWTHORNE COURT, INDIAN HARBOR BEACH, 32937. HE ALSO TOLD THE BOARD THERE WERE PROBLEMS WITH THE LIEN RECORDED ON MR. VORATH. THERE WERE CONFLICTING DATES SHOWING BETWEEN WHAT WAS RECORDED AND MINUTES OF THE MEETINGS. THERE WERE NO PROBLEMS WITH THE LIEN RECORDED ON MR. TAYLOR. HE INFORMEDTHE BOARD THAT COPIES OF THE LIENS HAD BEEN SENT TO ALL THREE PARTIES. OLD BUSINESS: CASE NO. 86-4, 86-202 - WADSWORTH - REOCCURRENCE MR. JIM WADSWORTH TOLD THE BOARD HE WOULD REPRESENT HIS SON, RANDALL WADSWORTH. MR. THOMPSON PRESENTED PICTURES TAKEN 1/8/87 WHICH WERE ADMITTED AS EVIDENCE. HE ALSO TOLD THE BOARD THAT MR. WADSWORTH HAS A HOME OCCUPATIONAL LICENSE THAT IS STILL IN EFFECT. THE PICTURES SHOWED A CAR BEING WORKED ON IN THE DRIVEWAY AND A TRUCK WITH AN EXPIRED LICENSE PLATE BEING WORKED ON ACROSS THE STREET FROM 325 BREAK- WATER TERRACE. ATTORNEY PALMER STATED THAT YOU CAN NOT PARK VEHICLES ON NEIGHBORS PROPERTY. FOLLOWING FURTHER DISCUSSION, MR. JIM WADSWORTH SAID HE WOULD HAVE TO REFER THIS MATTER TO AN ATTORNEY, THAT THE TRUCK ~AS NOT ON PRIVATE PROPERTY BUT AT THE SIDE OF THE ROAD. THE TRUCK HAD BROKEN DOWN AWD COULD NOT BE MOVED. SEBASTIAN CODE ENFORCEMENT - JANAURY 14, 1987 - PAGE 2 CASE NO. 86-4, 86-202 continued MR. THOMPSON TOLD THE BOARD THAT BOTH THE CAR AND TRUCK WERE GONE. MR. CLOUTIER SAID HE HAD RECEIVED COMPLAINTS FROM OTHERS OF HEAVY EQUIPMENT BEING IN THE AREA. ATTORNEY LULICH ADVISED THE BOARD TO ASK THEMSELVES FOUR QUESTIONS IN CONSIDERING THIS CASE: 1) IS IT A REOCCURRENCE? IF SO, OF WHAT? 2) IS IT A JUNK AUTO OR AUTO REPAIR? 3) TRUCK PARKED ON PUBLIC PROPERTY - SPECIFIC CODE VIOLATED? 4) HOME OCCUPATIONAL LICENSE - TRUCKS BEING REPAIRED INCLUDED? MR. CLOUTIER STATED THE CAR WAS PARKED IN THE DRIVEWAY APPROXIMATELY FIVE WEEKS. IT WAS NOTED THAT THE CAR WAS A 1977 RED MONTE CARLO. THE TIMING GEAR HAD GONE OUT AND THE PART NEEDED WAS BACK ORDERED. FINDING OF FACT: A 1977 RED MONTE CARLO PARKED IN DRIVEWAY IN DISREPAIR FOR APPROXIMATELY FIVE WEEKS. MOTION BY MR. MCCLEARY, SECONDED BY MR. MCCOOL THAT CASE NO. 86-202 BE DROPPED. DISCUSSION: MR. GRAY FELT THAT SINCE THIS CASE WAS A REOCCURRENCE, IT SHOULD NOT BE DROPPED. VICE CHAIRMAN O' CONNOR REMINDED THE BOARD THERE HAD BEEN A CASE IN 1985 THAT HAD BEEN TAKEN CARE OF AND THAT THERE WAS ALSO A CASE THIS PAST MARCH THAT HAD BEEN DROPPED DUE TO IMPROPER NOTICE SENT. ROLL CALL: AYES: MR. MCCLEARY MR. MCCOOL NAYS: MR. GRAY MR. FISCHER VICE CHAIRMAN 0 ' CONNOR MOTION NOT CARRIED. MR. WADSWORTH INFORMED THE BOARD THAT THE CAR WAS REPAIRED AND IT WOULD NOT OCCURR AGAIN. MOTION BY MR. MCCOOL, SECONDED BY MR. FISCHER THAT THE AUTO IN THE DRIVEWAY WAS REPAIRED AND THAT IT WOULD NOT OCCURR AGAIN. SEBASTIAN CODE ENFORCEMENT - JANUARY 14, 1987 - PAGE 3 CASE NO. 86-4, 86-202 continued MR. GRAY ASKED IF THAT MEANT ANY AUTO BEING REPAIRED - ATTORNEY PALMER SAID ALL VEHICLES. ROLL CALL: AYES: MR. GRAY MR. FISCHER MR. MCCLEARY MR. MCCOOL VICE CHAIRMAN O'CONNOR NAYS: NONE MOTION CARRIED. IN REGARDS TO THE TRUCK BEING REPAIRED ON PUBLIC PROPERTY, ATTORNEY PALMER ADVISED THE BOARD TO DISMISS THIS CASE AS IT WAS NOT PROVEN. MOTION BY MR. MCCLEARY, SECONDED BY MR. MCCOOL TO DROP THE CHARGES OF A TRUCK BEING REPAIRED ON PUBLIC PROPERTY. ROLL CALL: A YES: MR. GRAY MR. FISCHER MR. MCCLEARY MR. MCCOOL VICE CHAIRMAN O'CONNOR NAYS: NONE MOTION CARRIED. CASE NO. 86-89 - KIGHT THERE WAS A DISCUSSION STATING THE VIOLATIONS STILL EXISTED AND THAT VERY LITTLE WAS BEING DONE TO RECTIFY THE PROBLEMS. SINCE MR. KIGHTWASNOTPRESENT'AT THE MEETING, THE BOARD POSTPONED THIS CASE UNTIL THE FEBRUARY MEETING AND REQUESTED MR. CLOUTIER TO CONTACT MR. KIGHT AND INSTRUCT HIM TO MAKE AN APPOINTMENT TO SEE ATTORNEY PALMER. MOTION BY MR. MCCOOL, SECONDED BY MR. FISCHER THAT THE CHARGES AND FINE RE~IN IN FORCE. ROLL CALL: AYES: MR. GRAY MR. FISCHER MR. MCCLEARY MR. MCCOOL VICE CHAIRMAN O"CONNOR NAYS: NONE MOTION CARRIED. CASE NO. 86-187 - BENHAM ATTORNEY LULICH SWORE IN MR. BENHAM. MR. BENHAM TOLD THE BOARD THAT HE DID NOT HAVE A WAREHOUSE LOCATED NEXT HIS HOME - THE COMPANY HE WORKED FOR HAD THEIR OWN WAREHOUSE WHERE THEY STORED THEIR EQUIPMENT. SEBASTIAN CODE ENFORCEMENT - JANUARY 14, 1987 - PAGE 4 CASE NO. 86-187 continued THE MATERIAL HE HAD STORED IN THE GARAGE WAS BEING USED ON HIS OWN HOME THAT WAS LOCATED NEXT FOOR. MOTION BY MR. MCCOOL, SECONDED BY MR. FISCHER TO DISMISS THE CHARGES, CASE NO. 86-187. ROLL CALL: AYES: MR. GRAY MR. FISCHER MR. MCCLEARY MR. MCCOOL VICE CHAIRMAN 0 ' CONNOR NAYS: NONE CASE NO. 86-198 - RINK MOTION CARRIED. MR. THOMPSON TOLD THE BOARD THAT MR. RINK DID WOT HAVE A CITY OCCUPATIONAL LICENSE TO HAVE A LAWN SERVICE BUSINESS IN THE CITY. MR. RINK WAS NOT PRESENT AT THE MEETING. THE POLICE DEPARTMENT DELIVERED THE NOTICE OF VIOLATION HEARING, BUT IT WAS NOT KNOWN TO WHOM IT WAS GIVEN. ATTORNEY PALMER SUGGESTED THE POLICE OFFICER HAVE THE PERSON WHO RECEIVES THE NOTICE, SIGN FOR IT AND THE OFFICER WRITE DOWN A BRIEF DESCRIPTION OF THAT PERSON. IT WAS ALSO NOTED THAT THERE WAS A JUNK VAN LOCATED ON THE PROPERTY. MOTION BY MR. MCCOOL, SECONDED BY MR. GRAY TO SEND MR. RINK A LETTER GIVING HIM TEN (10) DAYS FROM RECEIPT OF LETTER TO APPLY FOR A OCCUPATIONAL LICENSE FOR A LAWN SERVICE BUSINESS AND TEN (10) DAYS FROM RECEIPT OF LETTER TO REMOVE JUNK VAN FROM PROPERTY, BOTH TO RUN CONCURRENTLY OR A FINE OF $25.00 A DAY FOR EACH VIOLATION WILL COMMENCE. ROLL CALL: A YES: MR. GRAY MR. FISCHER MR. MCCLEARY MR. MCCOOL VICE CHAIRMAN O'CONNOR NAYS: NONE MOTION CARRIED. CASE NO. 86-237 - DAN PREUSS REALTY, INC. MR. CLOUTIER TOLD THE BOARD THAT MR. PREUSS HAD GIVEN NOTICE TO THE OCCUPANTS TO MOVE AND SUGGESTED THE BOARD DISMISS THE CASE. MOTION BY MR. MCCLEARY, SECONDED BY MR. GRAY TO DISMISS CASE NO. 86-237. MOTION CARRIED. SEBASTIAN CODE ENFORCEMENT- JANUARY 14, 1987 ~ PAGE 5 CASE NO. 86-2 75 - GDC MR. THOMPSON TOLD THE BOARD THAT THE BUILDING WAS IN THE PROCESS OF BEING SCRAPED IN PREPARATION FOR PAINTING AND ADVISED THE CASE BE CLOSED. MOTION BY MR. MCCLEARY, SECONDED BY MR. MCCOOL TO CLOSE CASE NO. 86-275. MOTION CARRIED. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 4:20 P.M. SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 14, 1987 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - MEETING HELD 12/10/86 ATTORNEY'S MATTERS: OLD BUSINESS: CASE NO. 86-4, 86-202 - WADSWORTH -REOCCURRENCE CASE NO. 86-89 - KIGHT, JR. CASE NO. 86-187- BENHAM NEW BUSINESS: CASE NO. 86-198 - RINK CASE NO. 86-237 - DAN PREUSS REALTY, INC. CASE NO. 86-275 - G.D.C. BOARD ATTORNEY REQUESTS AND REPORTS: GENERAL BOARD DISCUSSION: ADJOURN 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 TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.