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HomeMy WebLinkAbout03181987SEBASTIAN CODE ENFORCEMENT BOARD - MARCH 18, 1987 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN BLOME AT 2:00 P.M. CHAIRMAN BLOME EXPLAINED THAT NO ACTION COULD BE TAKEN ON ANY OF THE NEW CASES DUE TO THE ABSENCE OF ATTORNEY PALMER WHO HAD BEEN CALLED OUT ON AN EMERGENCY. ATTORNEY SALiBA INTRODUCED HIMSELF TO THE BOARD AND SAID HE WAS THE ATTORNEY FOR MR. DUBUQUE, CASE NO. 87-205. HE ASKED TO BE NOTIFIED AS TO WHEN THE MEETING WOULD BE HELD IN APRIL. ROLL CALL: PRESENT: MR. GRAY MR. FISCHER VICE CHAIRMAN O'CONNOR MR. MCCOOL ATTORNEY LULICH, BOARD ATTORNEY CHAIRMAN BLOME ABSENT: NONE ALSO PRESENT: ROGER CLOUTIER, BUILDING OFFICIAL/CODE ENFORCEMENT AND RAY THOMPSON, CODE ENFORCEMENT. APPROVAL OF MINUTES: MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. GRAY TO APPROVE THE MINUTES OF FEBRUARY 11, 1987 AS WRITTEN. CARRIED. ATTORNEY'S MATTERS: ATTORNEY LULICH TOLD THE BOARD HE HAD CHECKED THE LEGAL SUFFICIENCY OF THE POSTING NOTICES MR. CLOUTIER HAD GIVEN HIM AND THAT THEY COULD BE CHANGED TO REFLECT THE CITY OF SEBASTIAN. HE MENTIONED SEVERAL POINTS: 1) BEFORE POSTING A REASONABLE SEARCH SHOULD BE DONE TO LOCATE THE OWNER. 2) ON OR BEFORE THE DATE OF POSTING, OWNER SHOULD BE NOTIFIED FIRST'~BY MAIL. ACCORDING TO STATE STATUTES, POSTING FOR A VEHICLE IS 10 DAYS, A BOAT 30 DAYS. IF NOT REMOVED, A WRECKER SERVICE BE CALLED AND THE SALVAGE VALUE BE APPLIED TOWARD THE COST OF REMOVAL. HE ALSO INFORMED THAT THESE NOTICES CAN BE USED NOT ONLY ON CARS AND BOATS BUT OTHER TYPES Of' "JUNK". ATTORNEY LULICH ALSO TOLD THE BOARD THAT HE HAD RECEIVED SEVERAL TELEPHONE CALLS FROM MR. VORATH REGARDING THE LIEN AGAINST HIS PROPERTY. THE LIEN THAT WAS FILED WAS INCORRECT DUE TO CLERICAL ERRORS. IT WAS DISCUSSED AT A PREVIOUS MEETING TO LEAVE THE LIEN AS WRITTEN AND TO NOTE IN THE CASE FILE THAT THE AMOUNT WAS $925.00 NOT $950.00. SEBASTIAN CODE ENFORCEMENT BOARD - MARCH 18, 1987 ATTORNEY'S MATTERS cont'd. HE ASKED THE BOARD IF THEY WANTED A CORRECTED LIEN. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL THAT ATTORNEY LULICH CORRECT THE FILE FOR PUBLIC RECORD. CARRIED. ATTORNEY LULICH SAID HE WOULD HAVE IT PREPARED FOR THE NEXT MEETING. OLD BUSINESS: CASE NO. 86-89 - KIGHT, JR. CHAIRMAN BLOME TOLD THE BOARD THAT CITY COUNCIL HAD APPROVED A COURT ORDER BEING FILED IN THIS CASE. MR. CLOUTIER TOLD THE BOARD THAT HE HAD TALKED TO MR. KIGHT TUESDAY MORNING AND THAT HE WAS VERY SLOWLY CLEANING UP HIS PROPERTY'. VICE CHAIRMAN O'CONNOR ASKED IF HE WAS AWARE OF THE ONGOING FINE. MR. CLOUTIER SAID HE WAS AWARE OF IT. ATTORNEY PALMER TOLD MR. CLOUTIER JUST TO KEEP AFTER MR. KIGHT, THAT THERE WAS NOTHING THE BOARD COULD DO AT THIS TIME. ATTORNEY LULICH INFORMED THE BOARD THAT HE HAD AN ORDER TO BE CERTIFIED AND THEN HAVE IT RECORDED AND FILED WITH THE CITY CLERK AND ALSO A CERTIFIED COPY SENT TO THE VIOLATOR. HE TOLD tHE BOARD T[~T THE ORDER HAD BEEN PREPARED DIFFERENTLY IN THAT IT DiD NOT SHOW A SPECIFIC DOLLAR AMOUNT, THAT THE FINE WOULD CONTINUE TO RUN UNTIL THE MATTER IS CORRECTED AND THAT IT IS UP TO MR. KIGHT TO NOTIFY CODE ENFORCEMENT WHEN IT IS CORRECTED~ MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. GRAY TO APPROVE THE ORDER AS PREPARED BY ATTORNEY LULICH AND TO HAVE IT RECORDED WITH THE CLERK OF COURTS AND A CERTIFIED COPY BE SENT TO THE CITY CLERK AND VIOLATOR. 'CARRIED. ATTORNEY LULICH REMINDED THE BOARD THAT AT THEIR LAST MEETING IT WAS DECIDED THAT ANY ORDERS THAT WERE RECORDED BE SENT TO THE NEWS MEDIA TO BE PUBLISHED. HE ADVISED THE CITY CLERK HANDLE THIS MATTER. SEBASTIAN CODE ENFORCEMENT BOARD - MARCH 18, 1987 CASE NO. 86-198 - RINK MR. CLOUTIER STATED MR. RINK WAS OPERATING A LAWN SERVICE OUT OF HIS HOME WITHOUT A LICENSE AND HAD A JUNK VAN LOCATED ON THE PROPERTY. HE NOTED THAT THE VAN HAD BEEN REMOVED. HE ALSO SAID MR. RINK HAD GONE TO THE CITY CLERK'S OFFICE PRIOR TO THE MEETING TO RENEW HIS LICENSE, BUT THE CLERK WAS BUSY AND HE WAS TO GO BACK RIGHT AFTER THE MEETING. ATTORNEY LULICH STATED THAT IN A LETTER DATED JANUARY 28, 1987, MR. RINK WAS GIVEN TEN (10) DAYS TO COMPLY. A FINE IS IN EFFECT WHICH COMMENCED FEBRUARY 8, 1987. IF MR RINKS APPEARANCE IS TO IMFORM THE BOARD OF COMPLIANCE, THE FINE CAN END AS OF THIS MEETING. ATTORNEY LULICH SWORE IN MR. RINK. VICE CHAIRMAN O'CONNOR ASKED IF MR. RINK HAD A HOME OCCUPATIONAL LICENSE. MR. RINK SAID HE HAD ONE BUT IT EXPIRED AND THAT HE HAD STOPPED IN THE CLERK'S OFFICE TO RENEW IT BEFORE THE MEETING, BUT THEY WERE BUSY. DUE TO THE TYPE OF QUESTIONS BEING ASKED, ATTORNEY LULICH FELT THE PROSECUTING ATTORNEY NEEDED TO BE PRESENT BEFORE THIS CASE CONTINUED. CHAIRMAN BLOME FELT THERE WAS NOT ENOUGH INFORMATION TO CONTINUE THE CASE. MR. CLOUTIER SAID THAT IN TALKING TO MR. RINK, HE WAS ASSURED THAT HE (RINK) WOULD NOT DO ANYMORE WORK UNTIL HIS LICENSE WAS RENEWED. VICE CHAIRMAN O'CONNOR SUGGESTED THIS CASE BE POSTPONED UNTIL APRIL AND THERE IS PROOF OF RENEWAL OF THE OCCUPATIONAL LICENSE. ATTORNEY LULICH SUGGESTED THAT SINCE MR. RINK IS PRESENT TO SAY HE IS MAKING APPLICATION OR HAS COMPLIED, THE BOARD SHOULD ACCEPT THAT AND END THE FINE. MR. CLOUTIER STATED THAT MR. RINK WAS NO LONGER IN BUSINESS UNTIL HIS LICENSE WAS RENEWED, THEREFORE HE IS IN COMPLIANCE. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. GRAY THAT IN THE CASE OF 86-198, RINK, THE FINE END AS OF MARCH 11, 1987 SINCE HE IS NO LONGER OPERATING A BUSINESS OUT OF HIS HOME AND THE JUNK VAN HAS BEEN REMOVED AND THAT IF THE FINE IS PAID BEFORE THE NEXT MEETING, THERE WILL BE NO REASON TO RECORD THAT FINE ON THE RECORD. ROLL CALL: AYES: MR. GRAY MR. FISCHER VICE CHAIRMAN O'CONNOR MR. MCCOOL CHAIRMAN BLOME NAYS: NONE CARRIED. SEBASTIAN CODE ENFORCEMENT BOARD - MARCH 18~ 1987 CASE NO. 86-198 ~ RINK (cont'd) MR. RINK ASKED THE BOARD WHERE THE FINE COULD BE PAID AND IF IT WAS POSSIBLE TO BREAK IT DOWN INTO PAYMENTS. ATTORNEY LULICH SAID THE FINE WAS $475.00. THE BOARD SECRETARY EXPLAINED THAT HE WOULD BE RECEIVING A LETTER WITH ALL THE NEEDED INFORMATION. ATTORNEY LULICH SAID THE LETTER WOULD NEED TO BE CARBON COPIED TO THE CITY CLERK. NEW BUSINESS: CHAIRMAN BLOME STATED THE CASES UNDER NEW BUSINESS HAD BEEN POSTPONED UNTIL THE APRIL MEETING. ATTORNEY LULICH NOTED THAT MR. FROST, CASE NO. 87-296, NEW BUSINES~ HAD JUST COME IN AND THAT HE WAS UNAWARE OF HIS CASE BEING POSTPONED UNTIL APRIL DUE TO THE ABSENCE OF ATTORNEY PALMER. MR. FROST ASKED TO SEE THE PICTURES THAT WERE TAKEN SHOWING HE STILL WAS NOT IN COMPLIANCE. MR. FROST STATED THAT EVERYTHING WAS OFF HIS PROPERTY, THAT THE PROPERTY IN QUESTION DID NOT BELONG TO HIM. ATTORNEY LULICH INFORMED THE BOARD THAT THIS CASE WOULD HAVE TO CONTZNUE AT A DIFFERENT POINT AND TIME. CHAIRMAN BLOME ASKED MR. CLOUTIER IF HE HAD ANY FURTHER INPUT FOR THE BOARD. MR. CLOUTIER INFORMED THE BOARD THAT IN REGARDS TO THE NOTICES~'.~ THAT WHERE VEHICLES WERE CONCERNED, BEING LOCATED ON PUBLIC PROPERTY, THE POLICE DEPARTMENT WOULD HANDLE THIS. THE NOTICES WOULD BE USED FOR JUNK APPLIANCES, ETC. ATTORNEY LULICH NOTED THEY WOULD BE USED FOR VEHICLES ON PRIVATE PROPERTY. APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN NOMINATIONS FOR CHAIRMAN WERE OPENED. MR. MCCOOL NOMINATED MR. BLOME, SECONDED BY VICE CHAIRMAN O'CONNOR. NOMINATIONS WERE CLOSED. MR. BLOME WAS RE-ELECTED FOR ANOTHER TERM AS CHAIRMAN. SEBASTIAN CODE ENFORCEMENT BOARD - MARCH L8, 1987 NOMINATIONS FOR VICE CHAIRMAN WERE OPENED. MR. GRAY NOMINATED MRS. O'CONNOR, SECOA~ED BY MR. MCCOOL. NOMINAITONS WERE CLOSED. MRS. O'CONNOR WAS RE-ELECTED FOR ANOTHER TERM AS VICE CHAIRMAN. BOARD ATTORNEY REQUESTS AND REPORTS ATTORNEY LULICH TOLD THE BOARD HE WAS TRYING TO REVISE SO~IE OF THE DOCUMENTS. HE ALSO SAID SOME OF THE RULES AND REGULATIONS WOULD HAVE TO BE CHANGED TO CLARIFY THE DOCUMENTS. THERE WAS A BRIEF DISCUSSION CONCERNING THE BUDGET. THE BOARD REQUESTED VICE MAYOR ROTH BE IN ATTENDANCE AT THE NEXT MEETING. CHAIRMAN BLOME AND VICE CHAIRMAN O'CONNOR ASKED THE BOARD THAT DUE TO PRIOR COMMITTMENT THAT THE APRIL MEETING START AT 3~00 P.M. INSTEAD OF 2:00 P.M.. THE BOARD WAS IN UNANIMOUS AGREEMENT TO THE TIME CHANGE. THE BOARD SECRETARY INFORMED THE BOARD THAT MR. MCCLEARY WOULD BE RECEIVING HIS PLAQUE AT THE CITY COUNCIL MEETING TO BE HELD 3/25/87. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 2:53 P.M. SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 18, 1987 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - MEETING HELD FEBRUARY 11, 1987 ATTORNEY'S MATTERS: OLD BUSINESS: CASE NO. 86-89 - KIGHT, JR. CASE NO. 86-198 - RINK NEW BUSINESS: CASE NO. 87-205 - DUBUQUE CASE NO. 87-296 - FROST **CASE NO. 87-310 - PARISH - CASE CLOSED 3/12/87 CASE NO. 87-311 - COBURN APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN BOARD ATTORNEY REQUESTS AND REPORTS GENERAL BOARD DISCUSSION PUBLIC INPUT 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 THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.