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HomeMy WebLinkAbout05141986CODE ENFORCEMENT BOARD - MAY 14~_1986 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CtiAIRMAN LEWIS AT 2:10 P.M. ROLL CALL: PRESENT: MR. BLOME VICE CHAIRMAN O' CONNOR MR. MCCLEARY ATTORNE~Y GORE CHAIRMAN LEWIS ABSENT: ALSO PRESENT: MAYOR ROTH. MR. GRAY - EXCUSED ATTORN~ PALMER, ROGER CLOUTIER, BUILDING OFFICIAL, VICE APPROVAL OF MINUTES: MOTION BY MR. MCCI~, SECONDED BY VICE CHAIRMAN O' CONNOR TO APPROVE THE MINUTES OF MEETING HELD 4/9/86. CARRIED. OLD BUSINESS: ATIORNEY GORE STATED HE HAD THE FINAL REVISIONS OF THE CERTIFICATIONS OF FINE ON THE ELLIOIT KEPLER MATTER AND THE EVERETT TAYLOR MATTER, CASES NO. 85-5 AND 85-12 RESPECTIVELY- HE GAVE THE ORIGINALS TO CKAI~ LEWIS TO SIGN AND PASSED OUT COPIES TO THE BOARD MEMBERS. IT WAS DISCUSSED AT THE LAST MEETING THAT COPIES OF THE LEGAL DESCRIPTION CERTIFICATION OF FINE TO BE RECORDED WITH ~.RE NEEDED TO AT~ACH TO THE ~i7.~ PUBLIC RECORDS OF INDIAN RIVER COUNTY TO BECOME A LIEN UPON THE RE- SPECTIVE PROPERTIES. SAID LEGAL DESCRIPTIONS WILL BE ATTACHED AS EXHIBIT "A". HE ALSO STATED THAT ON THE KEPLER ORDER T~T THE FINE WAS IMPOSED ON ELLIOIT KEPLER AND PURE GOLD, JOINTLY AND SEPARATELY, WHICH MEANS EITHER ONE OR BOTH CAN PAt' - THEY ARE BOTH LIABLE. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. BLOME TO ACCEPT AMENDED CERTIFICATION OF FINES, CASE NO. 85-5, KEPLER, AND NO. 85-12, TAYLOR. CARRIED. ATTORNEY GORE ASKED IF THE BOARD WANTED TO FOLLOW THIS PROCEDURE ON ALL FUTURE ORDERS OF FINAL REVIEWS AT ALL REGULAR MEETINGS. CHAIRMAN LEWIS STATED HE THOUGHT IT SHOULD BE. VICE CHAIRMAN O'CONNOR MENTIONED CASE NO. 86-7, VORATH, CONCERNING TURKEYS AND THE FOLLOW UP THAT WAS TO BE DONE. ATTORNEY GORE TOLD rPdE BOARD THAT MR. VORATH CAME TO HIS OFFICE AT WHICH TIME MR. VORATH SAID THE EGGS HAD NOT HATCHED. VICE CHAIRMAN O'CONNOR STATED THAT AT THE MEETING OF 3/12/86, MR. VORATH SAID THE EGGS WOULD HATCH IN 21 DAYS. -1- CODE ENFORCEMENT BOARD - MAY 14~ 1986 - 2:00 P.M. OLD BUSINESS (continued): MR. CLOUTIER TOLD THE BOARD HE TOOK PICTRUES ON 5/9/86 AND THAT THERE ARE STILL TWO TURKEYS IN THE CAGES. CHAIRMAN LEWIS READ FROM THE MINUTES OF 3/12/86: MOTION BY MR. LEWIS, SECONDED BY MRS. O' CONNOR THAT THE FINDINGS OF FACTS BE SUPPORTIVE~ THAT MR. VORATH BE ORDERED TO ~EMOVE THE TURKEYS WITHIN A 25 DAY pERIOD OR BE FINED $25.00 A DAY UNTIL THE TURKEYS ARE REMOVED. - MOTION CARRIED UNANIMOUSLY. NOTE AT BOTTOM: BECAUSE THERE WERE EGGS THAT WOULD HATCH IN 21 DAYS, THE ABOVE pERIOD OF TIME WAS GIVEN. MR. CLOUTIER REMINDED THE BOARD THAT AT THEIR LAST MEETING, THE BOARD INSTRUCTED HIM TO SEND MR. VORATH A NOTICE OF TKE FINE, WHICH HE DID, BUT THAT PROPER PROCEDURE WAS TKAT THIS SHOULD BE DONE BY THE BOARD'S ATTORNEY. ATTORNEY GORE STATED THAT MR. VORATH ACKNOWLEDGED RECEIPT OF THE LE1TER IMPOSING THE FINE. THE FINE WAS TO COMMENCE APRIL 6TH AT $25.00 A DAY. ATTORNEY GORE WAS ASKED TO SEND MR. VORATH A LETFER THAT HE NEEDS TO APPEAR BEFORE THE BOARD TO DETERMINE THE AMOUNT OF FINE TO BE IMPOSED AND SHOULD HE NOT APPEAR, THE BOARD ASSUME ITS' ON-GOING VIOLATION AT $25.00 A DAY. MOTION BY VICE CHAIRMAN O'CO~I~OR, SECONDED BY MR. BIDME TO ACCEPT ATTORNEY GORES' SUGGESTION THAT A LE%TER BE SENT NOTIFYING HIM TO APPEAR AT THE NEXT MEETING SO THAT THE BOARD CAN INTRODUCE A CERTIFICATION OF FINE. DISCUSSION: CHAIRMAN LEWIS FELT MR. VORATH HAD SUFFICIENT NOTICE AND THAT THE BOARD HAS BEEN OVERLY GENEROUS. CHAIRMAN LEWIS VOTED NAY. CARRIED. CHAIRMAN LEWIS READ A LETTER DATED 4/10/86 FROM MR. CLOUTIER TO MR' VORATH. MR. CLOUTIER'S LE%TER STATED THAT ON APRIL 8TH, $25.00 PER WOULD BE ASSESSED UNTIL THE VIOLATION COMES INTO COMPLIANCE. ViCE CHAIRMAN O'CONNOR WITHDREW MOTION, MR- BLOME WITHDREW SECOND. MOTION BY MR. BLOME, SECONDED BY VICE CHAIRMAN O' CONNOR TO IMPOSE A FINE OF $950.00 ENDING TODAY. ROLL CALL: AYES: MR. BLOME VICE CHAIRMAN O' CONNOR MCCLEARY CHAIRMAN LEWIS NAYS: NONE CARRIED. -2- CODE ENFORCEMENT BOARD - MAY 14~ 1986 - 2:00 P.M. ATTORNEY GORE STATED HE WOULD PREPARE AN ORDER OF ENFORCEMEbFf REFLECTING EARLIER MINUTES, HAVE CHAIRMAN LE]~IS SIGN IT PURSUANT TO THE MINUTES AND THEN BRING BEFORE THE BOARD THE CERTIFICATION OF FINE AT THE NEXT MEETING. HE SAID HE WOULD ALSO WRITE A I~TTER TO MR. VORATH STATING A FINE HAS BEEN CERTIFIED FOR $950.00 AND HE MAY BE LIABLE FOR FUTURE VIOLATIONS IF IT CONTINUES. NEW BUSI~SS: CASE NO. 86-47 - GEHRKE ATIORNEYGORE SWORE IN MR. CLOUTIER. MR. CLOUTIERREAFFIRMEDTHE CON- VERSATION WITH MR. GEHRKEWHICHTOOK PLACE THE DAY OF THIS MEETING AND WAS REASSURED THAT THE VEHICLE IS BEING SOLD AND WOULD BE TOWED AWAY BY WEDNESDAY MORNING. MR. CLOUTIER TOLD HIM THAT IN RETURN HE WOULD RECOF~4END TO THE BOARD THAT THEY GIVEHIM TILL NEXT WEDNESDAY EVENING AND IF IT IS NOT OUT BY THURSDAY MORNING TO FIND HIM GUILTY AND IMPOSE A FINE OF $25.00 A DAY. MR. G~KE AGREED. THE BOARD REVIEWED PICTURES OFTHEVIOLATION. ('EXHIBIT "A") MOTION BY MR. BLOME, SECONDED BY VICE CHAIRMAN O'CONNOR TO ACCEPT MR. CLOUTIERS' RECOMMENDATION TO FIND MR. GEHRKE IN VIOLATION AND THAT HE WILL REMOVE THETRUCK BY WEDNESDAY, MAY 21ST AND IF NOT REMOVED, TO IMPOSE A FINE OF $25.00 PER DAY, E~TECTIVETHURSDAY, MAY 22, 1986. DISCUSSION: THE BOARD SECRETARY WAS INSTRUCTED TO SEND A LETFER TO MR. GEHRKE ADVISING HIM OF THE RULING OF THE BOARD. ROLL CALL: AYES: MR. BLOME VICE CHAIRMAN 0 ' CONNOR MR. MCCLEARY CHAIRMAN LEWIS NAYS: NONE CARRIED. APPLICATION FOR BOARD MEMBER - SUB-CONTRACTOR: THREE APPLICATIONS WERE RECEIVED. BECAUSE OF SEVERAL CODE VIOLATIONS, THE BOARDS ONLY RECOMMENDATION TO CITY COUNCIL WAS NOT TO APPOINT MR. ROBERTS. RESIGNATION OF MR. DICK FLOYD: MOTION BY MR. MCCLEARY, SECONDED BY ViCE CHAIRMAN O'CONNOR TO ACCEPT MR. FLOYDS RESIGNATION WITH REGRET. CARRIED. CASE NO. 86-5 - BALLOUGH MR. CLOUTIERTOLD ~It{EBOARD OF A PROBLEMHEHAS HAD WITH MR. BALLOUGH WHO HAS BEEN BEFORE THE BOARD A NUMBER OF TIMES. HE STATED HE HAD DOCUMENTED PICTURES THAT SHOW HE IS IN VIOLATION OF HIS HOME OCCUPATIONAL -3- CODE ENFORCMME~r BOARD - MAY 14, 1986 - 2:00 P.M. CASE NO. 86-5 - BALLOUGH (continued): LICENSE. HE INFORb~D MR. BALLOUGH THAT HE WAS BRINGING THIS BEFORE THE BOARD AND RECOMMEND HIS HOME OCCUPATIONAL LICENSE BE PULLED. HE ASKED IF THIS COULD BE DONE OR IF MR. BALLOUGHWOULDHAVETO BE SUBPOENED. IT WAS %~{E FEELING OF THE BOARD THAT HOME OCCUPATIONALLICENSES WOULD COME UNDER THE JURISDICTION OF PLANNING & ZONING. ATD3RNEY GORE STATED THAT DUE TO THE FACT THAT MR. BALLOUGH HAS HAD REOCCURRING VIOLATIONS, THE BOARD COULD DEAL WITH IT AND SINCE HE HAS BEEN INFORMED BY MR. CLOUTIER, THE BOARD COULD ENTER AN ORDER OF ENFORCEMENT. ATTORNEY GORE, AFTER HEARING MORE TESTIMONY FROM MR. CLOUTIER, SAID THERE WOULD NEED TO BE A FINDING OF FACT, WHICH WAS DONE BY MR. CLOUTiER. MOTION BY VICE CHAIRMAN 0'CONNORTHAT INTHE CASE OF GARY BALLOUGH, CASE NO. 86-5, AN ORDER OF ENFORCEMENT BE PUT INT0 EFFECT GIVING MR. BALLOUGH 7 DAYS FROM TODAY TOREMOVE ALL CONSTRUCTION EQUIPMENT AND UNTAGGED VEHICLES FROM HIS PREMISES OR BE FINED $100.00 A DAY AND THE RECOMMENDATION THAT HIS CITY OCCUPATIONAL LICENSE BE REVOKED. VICE CHAIRMAN O'CONNOR WITHDRAWS MOTION FOR MORE DISCUSSION. ATIDRNEY GORE - FINDING OF FACTS - THAT MR. BALLOUGH IS IN VIOLATION OF CHAPTER 12 AND THE ZONING ORDINANCE AND HE HAS ALSO VIOLATED HIS STIPULATION BEFORE THE BOARD, WHICH STIPULATION WOULD ALSO COVER CHAPTER 16, NUISANCES. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. BLOME, IN THE CASE OF GARY BALLOUGH, CASE NO. 86-5, THAT AN ORDER OF ENFORCEMENT BE COMPLIED WITH OR BE FINED $100.00 A DAY AND RECOMMENDATION THAT HIS' LICENSE BE REVOKED SEVEN (7) DAYS FROMTODAYAND THAT THIS BOARDHAS THE POWERTO ENFORCE THIS IF THE VIOLATIONS REOCCUR AND SHOULD BE EFFECTIVE FROM THIS POINT INT0 THE FUTURE. ROLL CALL: AYES: MR. BLOME VICE CHAIRMAN O' CONNOR MR. MCCLEARY CHAIRMAN LEWIS NAYS: NONE CARRIED. BECAUSE OF VACATIONS, THE BOARD CANCELLED THE JUNE MEETING. NEXT MEETING WILL BEHELD IN JULY. THERE BEING NO FURTHER DISCUSSION, THE MEETING ADJOURNED AT 3:50 P.M. -4- CODE ENFORCt~MENT BOARD MAY 14, 1986 - 2:00 P.M. CALL TOORDER ROLL CALL APPROVE MINUTES OF APRIL 9,1986 AYTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: CASE NO. 86-47 - GARY C. & SANDRA L. GEHRKE RECOMMENDATION - BOARD MEMBER - SUB-CONTRACTOR ACCEPT RESIGNATION OF DICK FLOYD BOARD ATII)RNEY REQUESTS AND REPORTS: 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/SH]~ MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICHTHEAPPEALIS BASED.