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09182002 CEB
AGENDA SEBASTIAN CODE ENFORCEMENT BOARD WEDNESDAY~ SEPTEMBER 18TH, 2002 2:00PM CITY COUNCIL CHAMBERS 1225 MAIN STREE% SEBASTIAN, FLORIDA !, 2. S. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES - Regular Meeting 08121~02 NOTICED HEARINGS A. ViOLATiON HEARING - CASE JEFFREY & DEANNA BLOSSOM - 980 FRANCISCIAN AVENUE SECTION 66-3 (i-1!-12) CODE OF ORDINANCES ViOLATiON HEARING - CASE #2902-18534 ANTONIO & REGINA DEPAIVA - 1597 RIDGEL'¥ LANE , SEuTION "¢ ~m CODE OF ORDINANCES FALSE ALARM VIOL&TION HEARING -- APPE,a,L OF F1NE MEL FISHER'S TREASURE MUSEUM -' q322 U.S.HW¥ ! SECTION 39-39 CODE OF ORDINANCES GUEST oPEAKE . CHIEf- DAVM CHAIRMAN'S MAq-TERS MEMBERS MATTERS CODE ENFORCEMENT OFFICER'S MA'CFERS ! 'I~ ATTORN ..... MA, ,_RS 12, ADJOURN 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 CITY OE SEBASTIAN (ODE ENFORCEMENT BOARD 1225 MAIN STREET. SEBAS l'lAN, FL 32958 MINUTES OF REGULAP- MEETING SEPTEMBER 18, 2002 4= Senior Bored Membei, Ken ('osco called the meeting to order at !:00 p.m. 'lhe Pledge of Allegmnce was recited ML (-~osco Mr. Scclcy Mi'. Ncglia Mi'. (kiffin Mr. VanBuskirk l;,xcttsed Absences: Mr, Oakes Chairwoman Bmczyk Uncxcuscd Absences: Mr. SchofiekJ Mi'. Sinunons Also Prcscnt: R. ich Stringer, (ity Attorney Police Chiet'Jim Davis Police Lt Bob Lockhart Code Eni~lrccmenl el]Seer X.¥arren I indqttisl Donna Cyr, Secretary Jeanette Williams. Rccmding Sccrctaty MOTION by Neglia,,Seel%, "[d like to make a motion to accept thc nfinutes Ii'om the-which one is that-8/21/02." NOTICE[) HEARINGS: Vioialio, Hearing (ase ~2002 172 [4 Jelli-ey & Dealma Blossom 980 Franciscian Lane · Sect~o ~ ()<3 .~ ( I I i 12) Code of Ordinances Tim Code Entk. rcement Ofl'icer reported that Mr. & Mrs Blossom were not accepting the certified notices to appear before lhe board aod be would have an oi¥]ccr hand deliver a not[cc doring the evening bores. Code F. nfbrcement Board Meeting Septentber 18, 2002 Page Two Violation Hearing Case//2002- i8534 An(omo & Regina DePaiva 1597 Ridgcly Lane · Section 66-3 ( 1-I 1 - 12 } Code of erdman(cs Mr. Cosco swore m the Code Enlbrcement Of(ice( and M~ DcPaiva. the Code Enfbrcement Oflicc~ reported that fids house ]las a history of receiving uotices of violation. Hc left a courtesy not(ce on lhe house lb( no building numbers and high grass on July I 0, 2002. I Jpon later inspections, tile [a~,n was mowed by August 8, 2002 ['he Code En/brccmcnt Officer presented pi(lures of the lawn taken itl September showing how bigb thc grass had grown Mr. DePaiva stated that his fiver trausplaut and financial situation prevented him fi'om regularly ux)wing his iawe. lie further stated that he had bought the house numbers today and was making arraugements to hang ltlem. Discussion lbtlowed regarding Mr~ DcPaiva's health and having his son help out. The CiD' Attorney stated that Mr. DePaiva came ioto compliance two days alter die case was filed so this case is a repeat vioiation status with a five year probation period. MOTION by Mr. VanBuskirk/Mr. GriPfin "[ like to make a rnotiou m case no. 2002 18534 to apply no fine and give him 30 days 1o gel, lie's in compliaoce to stay on thc ball with it and possibly a year to kind et' watch him, undc~staud whal Fm sayiug, ilnot (hal I can scratch that." City Attorney statcc~ he is on a five-year probation perio(l because hc is a repeat violator so that/lie 30 days would not be nc(dod and ~llc maximmn flue would be $500.00 a day fi}r at(other violation ROLl. CALL: ML (}akcs -absenl M~ Vmdhtskirk -yes Mr. Simmons absent Mr Neglia yes (hair Barczyk abseot Mr (osco -yes ML Schofidd -absent Mr. Sc(icy -yes MOl'ION CARRiI~D 4-0 false Alarm Violation lleanng Appeal oFIqne Mel Fisher's Treasure Museum i322[S[twy Sectitm 39 39 Code of Ordinances Mr. Cosco swore itl Ms. Tafli Abt, ov..ncr of Mol Fishcr's 71 reasurc Musenm. Ms. Abt requested to he excused from two alarm fines because she walked ti/rongh thc musenm alone al thc time of the alarm without an olticer. Mr Cosco asked if she had a ceil phone to call for an officer to walk through with her. She did not recaih Ms Ab( went on m say tbai tile alarm company, AD~, had been giving he[ poor se(wee~ and she l/as asked another aiann colnpal~y ibr a quo(c. Mr. Ncglia asked if tile police had con]c !he olimr iour times, in which they had. Mt-. Seeley asked fi'the alarm worked the same way as a residential alarm service Ms. Abl did not know Mr. Griffin asked how many hlse alarms are allowed by a business. ¥1s. Abl answered that it was lbUl' and thai she had a series withbl a week. Mr. Seeley stated that he experienced a pmblcm with ADT. Tile Ciw Attomcy stated the Board coukl coosider Ms. Abt's attempt to correct thc technical problem and grant relief'. Mr. VanBuskirk asked if' Ms. Abt al(ended the alarm user class oflkred by the SherifFs Dept. in which she l/as not, but she has used alarm systems lb~ 20 years. Code F, ntb~cement Board Mc(ting Scptcmhc~ 18, 2002 Page Three Lt. Locldtart and Poliee Officer Byers were sworn in. It i.ockhart sIated lhal alarms went off two days in a ~ow and officers responded but they don't always wait fbr a kcy holder il' they have other calls. Officer Byers statcd all doors and windows were checked during the 8/27 call bet be did have another cml waiting at that time and hc lefk a notice that he had been tbcrc. MOTION by Mr Se(lev,; "l guess with everything I heard I would like to niakc a motion that thc cha~ge 0£$250 remain applicable to thc l~lsc alarm going o1'1~ I mean its six times that this has eccurrcd and l think that having our police going out to various si]cs and not having thc they're busy guys, obvionsly he was going to another call as '*ell affer tiffs-he lclq a notice indicating that he was th(re so. in terms offan oflicer not there to walk throngh the prcndses at 1cast rite officer was there in a tnnciy basis and it assu n ng ti e of~ (er ( , hc, alsu was there on timely basis so 1 tlii~ ~ts responsibility of the museum to pay thc fine. i think we should enibrce that," There was no second, so the motion (tied. MOTION by VanBuskirk/ "I'd like to make a motion to have her, Abby is ]bat? '1 alii sign up and altend a user awareness class and also give some documentation lo the police department on thc dclkctivc parts that they did replace impose no fine and unlil the findings com= on the aclua] equipment at fhult, shc-~ccrtam things that can happen but it's not he; ]hull. Vd like to sec her agaiti if it doesn't get cleared up.' Mr, Seele,, 9o ]ted out ]bat it/Ms Abt's letter thc mason she ~s appealing lhe line ts because there wcrc n~ officers present but there ¥¥ere officers that responded. Discussion t01]owed on alarm zones and motion sensitivits. I.L Mr. x,"a~tBusk~rk made a lnotion 1(~ provide doctm~ents proving a detective systcni. ]'hc (it5,' Atlorne) stated the documents could bt! n]ade part ul'thc re(etd. I,(EWORD[':I) MOTION by VanBuskirk/Griftiu ~ i'd like to maxe a motion do you bare the case numbe~ over th(re, do t have to say it-- m this matter I'd iike to ma~:e a monon to have her provide documentation within 45 days on defective alarm system and il she cannot do that tbcn ass(ss a fine of $250.00." ROLL CALL: ML VanBnskirk yes Mi. Slmnlons absent Mr. Ncglla no Chair Barczyk -absen~ Mr. (?osco ~ycs Mr Sbolield -abseni ML Oakes absent ML Seeley no Mr (3riffin yes MOTIONt !AI'd;tI[,:D 'i 2 She was absent. Tbe CiD' Attorney asked to move up the Members Matters becanso hc bad to be excused after hearing their COI1CCrBs. £ode Enibrcemenr Bored Meeting September 18. 2002 Page ~'hr¢e M EM B Ei{S MAI 'I'ERS Mr. Neglia asked if the paper stating the propetXy record (fi'om the Property Appraiser's websitc) was necessary to bc included io the packets. Lt. Lockbart stated that it proved the person listed is the lcgal owner of the property. ,".'Ir. Sceley asked ii' Mr Stc'.,ens paid [ s fine fmnr thc last meeting. The (ity Attorney stated that Code Eoibrccment woah] come back to the Board when a fine is paid. The Code Enforcement Officer stated that there would not bca meeting next month due to his impending surgery rod thc Blossonr case would come be(ore fl~em in No,:enlbcr. Mr. Seclcy stated he fbund his trip with thc Code Enibrcement ()lI]ccr ,,'ely cdacational and e~rlightenmg. The (ity Attorney excused himself. GUEST SPEAKER: (HIEb DAVIS Chic£ Davis complimented the Board and stated that lhe Code Enibrcemcnt Dcpartmcnt had come along way but it was not where it should be. however, it was working in the right direcliou. He stated monthly reports could bc provided to members indicating outstanding and complied with citations, lie went on to say that the court systeln did not really want to hear code enforcement cases and that seeking voluntary compliance was a good way m go as dcrr'*onstrate}l this aP[crnoon Discussion iollowed on staff turnover disrupting thc code enforcement process, The Chief stated increasing experience lcvcl will help the Dcpamncnt increase thc mm~be~ of violators and that tt~c proccss should remain within thc £ily. I 0. (?ODE ENFORCEMENT OFFICEP.'S MAT['ERS N'h. Cosco a4journed the meeting at 3:21 p.m. Approved at the meeting J asme Barczyk, Chairwolnan Jea*xettc Williams, P~vcor,~ing Secretary Service Ticket SERk,'~CE REQUEST [',DDLL~ ' DLv' ~Eb g ' Estimated Reconaection or Service su ,mptior~l Dat~e~i "' ~ ~' ?-, .-.r '-; Isi Disconnec!ed~ Name~Pnrt&ggn) /' C~b ~'~ ,'., ]lose r. :kOt CES, , Signature & Date: Service TicKet ..... . ............... 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