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HomeMy WebLinkAbout05201987CODE ENFORCEMENT BOARD - MAY 20j 1987 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN BLOME AT 3:00 P.M. ROLL CALL: PRESENT: MR. LINDSEY MR. FISCHER VICE CHAIRMAN O'CONNOR MR. MCCOOL CHAIRMAN BLOME ABSENT: NONE ALSO PRESENT: RAY THOMPSON, CODE ENFORCEMENT OFFICER, TOM PALMER, CITY ATTORNEY. APPROVAL OF MINUTES: MOTION BY MR. MCCOOL, SECONDED BY VICE CHAIRMAN O'CONNOR TO APPROVE THE MINUTES OF APRIL 15, 1987 AS WRITTEN. CARRIED. OLD BUSINESS: CASE NO. 86-7 - VORATH ATTORNEY LULICH TOLD THE BOARD HE HAD RECEIVED THE RECORDED CORRECTIVE DOCUMENTS. HE GAVE THE DOCUMENTS TO THE BOARD SECRETARY. CASE NO. 86-89 - KIGHT, JR. ATTORNEY PALMER SAID THERE WAS NO IMPROVEMENT AND THAT IT LOOKED LIKE A LAW SUIT WOULD HAVE TO FILED IN THE COURTS. ATTORNEY LULICH INFORMED THE BOARD THAT AN ORDER OF ENFORCEMENT HAD BEEN FILED AND GIVEN TO THE BOARD SECRETARY. CASE NO. 86-198 - RINK ATTORNEY LULICH TOLD THE BOARD AN ORDER OF ENFORCMENT HAD BEEN RECORDED. COPIES WERE GIVEN TO EACH BOARD MEMBER. VICE CHAIRMAN O'CONNOR NOTED THAT THE AMOUNT OF THE FINE WAS NOT SHOWING. ATTORNEY LULICH SAID HE HAD RECORDED THE DOCUMENT SIGNED AT THE MARCH MEETING AND THAT IT DID NOT SHOW THE FINE HAVING BEEN STOPPED ON A PARTICULAR DATE. VICE CHAIRMAN O'CONNOR READ FROM THE MEETING OF MARCH 18, 1987, THAT THE FINE HAD STOPPED AS OF MARCH 11, 1987. ATTORNEY LULICH SAID HE WOULD RE-RECORD A CORRECTED DOCUMENT. -1- CODE ENFORCEMENT BOARD - MAY 20, 1987 CASE NO. 87-205 - DUBUQUE ATTORNEY PALMER ASKED THAT THIS CASE RUN FOR ONE MORE MONTH. MR. DUBUQUE AGREED TO HAVE THIS MATTER CORRECTED IN ABOUT TWO (2) WEEKS. CHAIRMAN BLOME STATED THAT THIS CASE WOULD BE CARRIED OVER TO THE JUNE MEETING. CASE NO. 87-328 - PFLANZER ATTORNEY PALMER INFORMED THE BOARD THAT MR. PFLANZER WAS NO LONGER INVOLVED IN THIS CASE, THAT IT WAS UNDER NEW MANAGEMENT. ATTORNEY PALMER STATED THAT A COMPROMISE HAD BEEN WORKED OUT ON THE PROPERTY AS FOLLOWS: 1) SIGN TO THE NORTH SIDE OF THE BUILDING, EAST SIDE OF INDIAN RIVER DR. IS ONLY ONE FOOT INTO SETBACK ON 2 X 4'S - IT IS NOT A PROBLEM. 2) POSTS IN FRONT OF BUILDING - THEY HAVE BEEN CUT IN HALF DOWN TO THE GROUND. 3) SIGN ON WEST SIDE OF INDIAN RIVER DR. - TREE HAS BEEN CUT IN HALF. 4) SIGN ON SOUTH SIDE OF BUILDING, EAST SIDE OF INDIAN' RIVER DR. - ON 2 X 4'S BEHIND HEAVY SHRUBBERY - DETERMINED NOT A HAZARD - WILL REMAIN. MAYOR HARRIS, IN CHECK.[NG IT OVER, WANTED THE FOUR POSTS ON THE SOUTH SIDE, FRONT OF BUILDING REMOVED. THE OWNER HAS CUT THEM IN HALF DOWN TO THE GROUND LEVEL. VICE CHAIRMAN O'CONNOR ASKED IF THE BARRELS HAD BEEN REMOVED. ATTORNEY PALMER SAID THEY HAD AND THAT "NO PARKING" SIGNS WERE IN PLACE. MR. THOMPSON, CODE ENFORCEMENT OFFICER, STATED FOR THE RECORD, THAT HE WOULD NOT SIGN ANY RELEASE ON THIS BECAUSE IT IS IN DIRECT VIOLATION OF THE CODE - PUBLIC RIGHT OF WAY - WHICH HE READ TO THE BOARD. HE FELT THAT IF THIS WAS ALLOWED AT HURRICANE HARBOR, HE HAS TWO MORE CASES WHICH HE WILL HAVE TO CLOSE. HE FELT IT WOULD BE SETTING A PRECEDENT. ATTORNEY LULICH SAID IT WAS UP TO THE CITY ATTORNEY AS PROSECUTOR, THAT IF HE DID NOT FEEL HE COULD MAKE A CASE, THEN THE ISSUE IS MOOT. ATTORNEY PALMER STATED THAT UNDER THE CODE, HE CAN, AT HIS DISCRETION, SETTLE CASES. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL THAT IN THE CASE OF PFLANZER, 87-328, THAT THE CASE BE CONSIDERED RESOLVED UPON THE RECOMMENDATION OF THE CITY ATTORNEY, CONTINGENT UPON THREE OF THE FOUR POSTS SOUTH OF THE BUILDING BE REMOVED WITHIN A REASONABLE AMOUNT OF TIME. MR. MCCOOL ASKED ABOUT THE SITUATION OF MR. THOMPSON REFUSING TO SIGN A RELEASE. -2- CODE ENFORCEMENT BOARD - MAY 20~ 1987 CASE NO. 87-328 - PFLANZER con't MR. THOMPSON SAID THAT AS LONG AS THE BOARD WOULD ACCEPT THIS HE WOULD SIGN A RELEASE. ROLL CALL: AYES: MR. LINDSEY MR. FISCHER VICE CHAIRMAN O'CONNOR MR. MCCOOL CHAIRMAN BLOME NAYES: NONE CARRIED. CASE NO. 87-336 - FLANNERY MR. THOMPSON STATED EVERYTHING HAD BEEN COMPLIED WITH EXCEPT FOR ONE ITEM. MR. FLANNERY HAS CLEANED UP AND IS IN THE PROCESS OF GETTING A PERMIT TO BUILD A TWO CAR GARAGE TO PUT THE REST OF HIS EQUIPMENT IN. THE VAN IS STILL THERE AND HE IS IN THE PROCESS OF GETTING IT LICENSED AND MADE ROAD WORTHY. MR. THOMPSON FELT THE CASE WAS RESOLVED. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL THAT IN THE CASE OF FLANNERY, 87-336 BE CLOSED UPON THE RECOMMENDATION OF THE CODE ENFORCEMENT OFFICER. CARRIED. NEW BUSINESS: CASE NO. 87-383 - ETIENNE MR. THOMPSON SPOKE TO MRS. ETIENNE AND THAT SHE ASSURED HIMTHAT THE VEHICLE NOTED AS BEING JUNK IS LICENSED BUT THE PLATES WERE NOT ON THE VEHICLE AT THIS TIME AND THAT IT IS ROAD WORTHY. SHE HAS ALSO AGREED TO CLEAN UP THE YARD. MR. THOMPSON RECOMMENDED THIS CASE BE CARRIED OVER TO THE JUNE MEETING. SINCE THERE WERE NO OBJECTIONS, CHAIRMAN BLOME DEFERRED THIS CASE TO THE JUNE MEETING. CASE NO. 87-292 - LILLY MR. THOMPSON STATED THIS CASE HAD BEEN RESOLVED. MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL TO CLOSE CASE NO. 87-292 - LILLY. CARRIED. CASE NO. 87-357 - STOKES MR. THOMPSON SAID THIS CASE HAD ALSO HAD BEEN RESOLVED. -3- CODE ENFORCEMENT BOARD - MAY 20, 1987 CASE NO. 87-357 - STOKES con't MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL TO CLOSE CASE NO. 87-357. CARRIED. GENERAL BOARD DISCUSSION VICE CHAIRMAN O'CONNOR ASKED ABOUT THE BUDGET AND STATED THAT AT THE LAST MEETING A REQUEST WAS MADE THAT CAROL CARSWELL, FINANCE DIRECTOR BE ASKED TO THE ATTEND THE MAY MEETING. THE BOARD SECRETARY EXPLAINED THAT MRS. CARSWELL WAS OUT OF TOWN. VICE CHAIRMAN O'CONNOR AGAIN REQUESTED THAT MRS. CARSWELL BE AT THE JUNE MEETING. VICE CHAIRMAN O'CONNOR TOLD THE BOARD THAT SHE HAD ATTENDEDTHE LAST COUNTY CODE ENFORCEMENT BOARD MEETING AND THAT SHE FOUND IT VERY INTERESTING AND EDUCATIONAL. ATTORNEY LULICH MENTIONED THAT WHEN WE MEET WITH THE FINANCE DIRECTOR AND MAYOR CONCERNING THE BUDGET TO KEEP IN MIND THAT HE VOLUNTARILY WITHOUT COST TO THE CITY, PICKED UP MOST OF THE DOCUMENTS CODE ENFORCEMENT BOARD FOR THE COUNTY USES AND TRACKED THEIR PROCEDURES. THERE ARE CERTAIN PROCEDURES WE ARE LACKING. THESE CHANGES IN PROCEDURES WOULD HAVE TO BE BUDGETED AT THAT TIME. ATTORNEY PALMER INFORMED THE BOARD THAT THE COUNTY HAD FOUR FULL TIME CODE ENFORCEMENT OFFICERS AND A FULL TIME ATTORNEY WHO DID NOTHING BUT CODE ENFORCEMENT. ATTORNEY LULICH STATED THERE ARE PROCEDURES THAT COULD BEFOLLOWED WHEREAS IF A PERSON CALLED PRIOR TO A MEETING THAT HE HAD COMPLIED AND THE CODE ENFORCEMENT OFFICER CHECKED IT BEFORE THE MEETING AND FOUND THEY HAD COMPLIED, A FINE WOULD STILL BE CHARGED. ATTORNEY PALMER SAID IT SOUNDED LIKE A GOOD IDEA BUT DID NOT KNOW HOW LEGAL IT WAS. WHERE THE COURTS ARE CONCERNED, THERE ARE RESTRAINTS AS FAR AS WHAT A CODE ENFORCEMENT BOARD CAN DO. THE COURTS SAY A CODE ENFORCEMENT BOARD CAN ONLY IMPOSE FINES. HE FELT THIS SHOULD BE LOOKED INTO. ATTORNEY LULICH SAID THAT ACCORDING TO OUR RULES AND REGULATIONS, THE BOARD HAS THE POWER TO IMPOSE A $25.00 FINE FOR CERTAIN VIOLATIONS THAT EXIST IF THE VIOLATOR WILL COMPLY AND DOES NOT WISH TO APPEAR BEFORE THE BOARD. HE NOTED THOSE FORMS HAVE TO BE REVISED SO THAT THEY ARE UP TO CURRENT LAW. CHAIRMAN BLOME WELCOMED JOHN LINDSEY TO THE BOARD AS A NEW BOARD MEMBER. CHAIRMAN BLOME NOTED THAT HE HAD A LETTER OF RESIGNATION FROM MR. GRAY. VICE CHAIRMAN O'CONNOR FELT THE BOARD SHOULD ASK HIM TO RECONSIDER. CODE ENFORCEMENT BOARD ~ MAY 20, 1987 GENERAL BOARD DISCUSSION con't CHAIRMAN BLOME ASKED THE BOARD SECRETARY TO SEND MR. GRAY A LETTER THAT THE BOARD SUPPORTS AND NEEDS HIM AND WOULD LIKE HIM TO RECONSIDER HIS RESIGNATION. COUNCILMAN METCALF, WHO WAS IN ATTENDANCE AT THE MEETING SAID HE HAD TALKED TO MR. GRAY EARLIER. FOR HEALTH REASONS HE FELT HE SHOULD RESIGN. FOR THESE REASONS, MR. METCALF DID NOT FEEL THE BOARD SHOULD ASK HIM TO STAY. THE BOARD FELT THEY WANTED TO WAIT ANOTHER MONTH BEFORE THEY ACCEPTED MR. GRAY'S RESIGNATION. PUBLIC INPUT JIM ANDERSON, 120 BOB CIRCLE STATED HE HAD SENT A LETTER WITH PICTURES ABOUT A COMPLAINT, THAT TO DATE, HE HAD HEARD NOTHING AND WANTED TO KNOW IF ANYTHING WAS BEING DONE. MR. THOMPSON NOTED HE WAS TALKING ABOUT THE CHURCH ON BOB' CIRCLE. HE AGREED THAT IT WAS A DEPLORABLE SITUATION AND THAT HE WAS IN THE PROCESS OF CHECKING TO SEE WHAT HAD TO BE DONE TO HAVE THE BUILIDNG CONDEMNED. A RUN DOWN WAS GIVEN OF ALL THE PROBLEMS. IT WAS REQUESTED THAT THE BOARD SECRETARY MAKE UP A FORM LETTER TO SEND TO ANYONE MAKING A WRITTEN COMPLAINT THAT THEIR COMPLAINT WAS BEING LOOKED INTO. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 4:20 P.M. -5- SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING MAY 20, 1987 - 3:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - MEETING HELD APRIL 15, 1987 ATTORNEY'S MATTERS: OLD BUSINESS: CASE NO. 86-7 ~ VORATH CASE NO. 86-89 - KIGHT, JR. CASE NO. 86-198 - RINK CASE NO. 87-205 - DUBUQUE CASE NO. 87-328 - PFLANZER CASE NO. 87-336 - FLANNERY, SR. NEW BUSINESS: CASE NO. 87-292 - LILLY CASE NO. 87-357 - STOKES CASE NO. 87-383 ~ ETIENNE 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. L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 Roger Cloutler Building Official PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, MAY 20, 1987 AT 3:00 P.M. IN THE CfTY COUNCIL CHAMBERS. If. NAPPI, SECRETARY CODE ENFORCEMENT BOARD