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HomeMy WebLinkAbout03121986MINUTES OF MEETING OF CODE ENFORCEMENT BOARD - MARCH 12, 1986 MEETING WAS CALLED TO ORDER BY CHAIRMAN GEORGE LA PORTE AT 2:00 P.M. PRESENT: MR. GRAY, MR. FLOYD, MRS. O'CONNOR, MR. LEWIS, MR. MCCLEARY, MR. BLOME, BOARD ATTORNEY GORE, CHAIRMAN LA PORTE. ALSO PRESENT: CITY ATTORNEY PALMER, BUILDING OFFICIAL, MR. CLOUTIER, CHIEF NAPPI. MOTION BY MR. MCCLEARY, SECONDED BY MRS. O'CONNOR TO APPROVE MINUTES OF 2/12/86. CARRIED. ATTORNEY'S MATTERS: CHAIRMAN LA PORTE NOTED THE ONLY THING TO BE DISCUSSED WAS TO ESTABLISH THE KEPPLER DOLLAR VALUE AND GOING ON FILE WITH THAT FINE. ATTORNEY GORE STATED IT WAS NOT ON FILE AS OF YET AND THAT HE WOULD HAVE IT READY TO BE SIGNED THIS WEEK. (WEEK OF MARCH 10. ) OLD BUSINESS: STATUS OF CASE NO. 85-12 - TAYLOR CHAIRMAN LA PORTE STATED THAT AFTER HAVING MADE AN INSPECTION, HE IS OF THE OPINION THAT THE PROPERTY IS LESS OF A DISORDER THAN THE SURROUNDING PROPERTY AND RECOMMENDED THE CASE BE CLOSED. FOLLOWING A BRIEF DISCUSSION, MOTION MADE BY MR. GRAY, SECONDED BY MR. FLOYD THAT CASE NO. 85-12 IS STILL IN VIOLATION AND THE BOARD SHOULD PROCEED WITH $25.00 A DAY FINE UNTIL THE SITUATION IS REMEDIED. ROLL CALL: AYES: MR. GRAY MR. FLOYD NAYS: MRS. O'CONNOR MR. LEWIS MR. MCCLEARY MR. BLOME CHAIRMAN LA PORTE MOTION DEFEATED. Mi~ LEWIS STAT__E._D_ THAT THE FINE WHICH BEGAN 12/3/85 WOULD END AS OF THE DATE OF THIS MEETING. MOTION. BY MR...LEWIS, SECONDED.BY MR. GRAY TO CLOSE OUT CASE, ESTABLISH A FINE BASED ON THE DATE THE BOARD LEVIED THE FINE (12/3/85), FILE WITH,THE COUNTY OFFICE A RECORD OE THE FINE,AGAINST, THE RROPERTY. CARRIED. STATUS OF CASE NO. 86-3 - BRICKER CHIEF NAPPI ADVISED THE BOARD THAT THE VEHICLE IN QUESTION HAD BEEN MOVED WITHIN THE TEN DAY PERIOD. (1) CASE NO. 86-3 CONTINUED MOTION BY MR. LEWIS, SECONDED BY MRS. O'CONNOR THAT CASE NO. 86-3 AGAINST BARBARA BRICKER BE CLOSED. CARRIED. NEW BUSINESS: CASE NO. 86-4 ~ WADSWORTH RANDELL WADSWORTH WAS REPRESENTED BY ATTORNEY STEVE LULICH. ATTORNEY LULICH COMMENTED THAT NO PRELIMINARY NOTICE WAS SENT TO CORRECT THE ALLEGED VIOLATION. (RULE 8-A) ALSO, CHAPTER 12, "VEHICLE INOPERABLE FOR .30 DAYS OR MORE" WAS NOT A PROPER CHARGE. CHIEF NAPPI STATED THAT A SUMMONS WAS ISSUED FOR THE WRONG SECTION. FRONT LOADER WAS ON A CONSTRUCTION SITE. MR. WADSWORTH SHOULD HAVE BEEN SUMMONED AS A REPEATED VIOLATOR. IT WAS THE OPINION OF CHIEF NAPPI AND ATTORNEY PALMER THAT THIS CASE BE DROPPED. ATTORNEY PALMER STATED THAT IF THERE WAS A VIOLATION IN THE FUTURE THAT ACTION WOULD.BE TAKEN. CASE NO. 86-5 ~ BALLOUGH ATTORNEY GORE SWORE IN GARY BALLOUGH. CHIEF NAPPI TOLD THE BOARD THAT AGAIN THIS WAS NOT A SPECIFIC INCIDENT AND SHOULD HAVE BEEN CLASSIFIED A REPEATED VIOLATOR. ATTORNEY GORE SUGGESTED THE VIOLATOR ENTER INTO A STIPULATION SINCE HE HAS BEEN BROUGHT BEFORE THE BOARD THE PAST 3-4 MONTHS. ALSO, HIS YARD BE KEPT IN A MANNER AS ALL YARDS IN A RESIDENTIAL AREA IN THE HIGHLANDS. HE ALSO SUGGESTED A SET OF RESTRICTIONS FOR RESIDENTIAL PROPERTY BE SENT TO MR.~ BALLOUGH. A LETTER WILL BE SENT STATING THE AGREEMENT BY MR. BALLOUGH THAT THE CEMENT MIXER WILLBE~]~ INSIDE AND THAT THE BOARD EXPECTS COMPLIANCE WITH RESIDENTIAL USES. CHAIRMAN LA PORTE INFORMED MR. BALLOUGH THAT IF THERE IS A REPEATED VIOLATION, THE BOARD WILL TAKE APPROPRIATE ACTION. CASE NO. 86-6 - JUDSON MR. & MRS. JUDSON WERE NOT PRESENT AT THE MEETING. MR. LEWIS STATED THAT MR. JUDSON WAS A CONTRACTOR AND THAT THE TRAILER HELD CONSTRUCTION MATERIAL. UNDERSTANDING IS WITH A HOME OCCUPATION LICENSE, PART OF THE REQUIREMENT IS THAT THERE BE NO EVIDENCE ON THE OUTSIDE THAT THERE IS A BUSINESS BEING RUN THERE. ATTORNEY PALMER SAID THIS SHOULD HAVE GONE THROUGH HOME OCCUPATIONAL LICENSING AND ASKED IT BE DEFERRED ONEMORE MEETING. (2) CASE NO. 86-6 CONTINUED A REQUEST WAS MADE TO GIVE ATTORNEY GORE A COMPLETE COPY OF THE NEW LAND DEVELOPMENT CODE. ATTORNEY GORE ALSO REQUESTED THAT EACH BOARD MEMBER BE GIVEN A COPY OF THE CODE. MOTION BY MR. LEWIS, SECONDED BY MR. GRAY THAT THE ENTIRE BOARD BE GIVEN A COPY OF THE NEW LAND DEVELOPMENT CODE. CARRIED. CHIEF [~APPI WAS ASKED TO REVISIT THE SITE IN QUESTION TO SEE IF A VIOLATION STILL EXISTS. MOTION BY MR. LEWIS, SECONDED BY MR. BLOME THAT CASE NO. 86-6 BE CARRIED OVER TO THE APRIL MEETING. CARRIED. CASE NO. 86-7 - VORRATH ATTORNEY GORE SWORE IN GEORGE VORRATH A DISCUSSION FOLLOWED CONCERNING THE TURKEY PENS BEING KEPT IN THE BACK YARD. ATTORNEY PALMER READ A PORTION OF THE CITY CODE WHERE IT STATES THAT TURKEY CONSTITUTES FOWL. ATTORNEY GORE SWORE IN ROGER CLOUTIER, BUILDING OFFICIAL. MR. CLOUTIER, WHO FILED THE COMPLAINT, TESTIFIED THAT FIVE LARGE TURKEYS WERE KEPT IN A PEN AT THE REAR OF THE PROPERTY. ATTORNEY GORE - FACT - TURKEYS ARE BEING KEPT IN THE CITY OF SEBASTIAN AT 1080 TOPSAIL AND MR. VORRATH AGREED THERE ARE TURKEYS ON THE PROPERTY. ATTORNEY GORE - CONCLUSION OF LAW - THE EXISTING OF TURKEYS ON THE PROPERTY CONSTITUTES A VIOLATION OF CITY ORDINANCE NO. 5, REGARDING THE HARBORING OF ANIMALS AND FOWL, AND THAT THE TURKEYS SHALL BE REMOVED. IF NOT REMOVED, THE BOARD SHALL IMPOSE A FINE OF A CERTAIN AMOUNT PER DAY. MOTION BY MR. LEWIS, SECONDED BY MRS. O'CONNOR THAT THE FINDING OF FACT BE SUPPORTED, MR. VORRATH BE ORDERED TO REMOVE THE TURKEYS WITHIN A 25 DAY PERIOD OR BE FINED $25.00 PER DAY UNTIL THE TURKEYS ARE REMOVED. ROLL CALL: AYES: MR. GRAY MR. FLOYD MRS. O'CONNOR MR. LEWIS MR. MCCLEARY MR. BLOME CHAIRMAN LA PORTE CARRIED. NOTE: DUE TO THE FACT THERE ARE EGGS THAT WILL HATCH IN 21 DAYS, THE ABOVE PERIOD OF TIME WAS GIVEN. (3) CODE ENFORCEMENT OFFICERS CHAIRMAN LA PORTE STATED THE CHARTER INDICATES THE BOARD BY ITSELF DOES NOT HAVE JURISDICTION TO BRING CHARGES AGAINST ANY INDIVIDUAL AS A VIOLATOR. INPUT COMES DIRECTLY FORM THE CODE ENFORCEMENT OFFICERS. CHIEF NAPPI DISCUSSED THE SECRETARIAL PROBLEMS AND THAT WHAT WAS NEEDED WAS A COMMON SECRETARY FOR ALL PHASES OF THE CODE ENFORCEMENT BOARD. MRS. O'CONNOB VOLUNTEERED TOiSPEARHEAD A COMMITTEE WITH THE HELP OF MR. BLOME TO FURTHER REVIEW THE WORKLOAD RELATIVE TO THE OPERATIONS OF THE CODE ENFORCE- MENT OFFICER AS WELL AS THE BOARD, MAKE RECOMMENDATIONS FOR FURTHER SUPPORT AND REPORT BACK TO THE BOARD AT THE NEXT MEETING. MOTION BY MRS. O'CONNOR, SECONDED BY MR. LEWIS TO ESTABLISH A SUB-COMMITTEE TO REVIEW THE WORKLOAD RELATIVE TO THE CODE ENFORCEMENT OFFICER AND BOARD AND RECOMMEND TO THE MAYOR, FURTHER SUPPORT BE GIVEN. CARRIED. ELECTION OF CHAIRMAN - ONE YEAR TERM MRS. O'CONNOR, ON BEHALF OF THE BOARD, I~HANKED CHAIRMAN LA PORTE FOR THE FINE JOB HE HAD DONE. MRS. O'CONNOR NOMINATED JACK LEWIS. MOTION BY MR. GRAY, SECONDED BY MR. FLOYD TO CLOSE NOMINATIONS. CARRIED. MR. LEWIS - NEW CHAIRMAN. ELECTION OF VICE CHAIRMAN MOTION BY MR. LEWIS, SECONDED BY MR. GRAY, TO NOMINATE MRS. O'CONNOR. CARRIED. BOARD ATTORNEY REQUESTS AND REPORTS ATTORNEY GORE STATED HE HAD A PROBLEM WITH A MEMBER BRINGING A COMPLAINT BEFORE THE BOARD ON THEIR OWN INITIATIVE. ATTORNEY PALMER SAID THE FUNCTION OF THE BOARD WAS TO BRING THE MATTER INFORMALLY TO THE ATTENTION OF THE CODE ENFORCEMENT OFFICER AND LET HIM DECIDE IF THERE IS A VIOLATION. MEETING ADJOURNED AT 4:30 P.M. MEETING OF CODE ENFORCEMENT BOARD MARCH 12, 1986 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVE MINUTES OF FEBRUARY 12 ATTORNEY'S MATTERS: OLD BUSINESS: CASE NO. 85-12 ~ EVERETT TAYLOR CASE NO. 86-3 - BARBARA BRICKER NEW BUSINESS: CASE NO. 86-4 - RANDELL WADSWORTH CASE NO. 86-5 - GARY BALLOUGH CASE NO. 86-6 - CHARLES & JULIE JUDSON CASE NO. 86-7 - GEORGE VORRATH CODE ENFORCEMENT OFFICERS ELECTION OF CHAIRMAN ELECTION OF VICE CHAIRMAN BOARD ATTORNEY REQUESTS AND REPORTS: ADJOURN