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11202002 CEB
AGENDA SEBASTIAN CODE ENFORCEMENT BOARD WEDNESDAY, NOVEMBER 20TH, 2002 2:00PM CITY COUNCIL CHAMBERS 1225 MAIN STREET~ SEBASTIAN, FLORIDA uALL I u QRDE~ PLEDGE DF ¢,LLE~IANCc ROLL CALL ,APPROVAL OF MINUTES - ReguLar Meeting 09/18/02 NOTICED HEARINGS FALSE ALARM VIOLATION - APPEAL OF FINE MR & MRS. CORY S. RITCHER -489 QUARRY LANE SECTION 39-31(C) CODE OF ORDINANCES FALSE ALARM VI©LATION - APPEAL OF; FINE JEWELRY BY RENE - 945 SEBASTIAN BLVD., dNIT #! SECTION 39-39 CODE OF ORDINANCES r-AL~ Ab,ARM v'IOLAT[ON - APPEAL :DF FINE MR. ,JAMES bARTER - ~0~ GENESSEE AVENUE SECTION 39-39 CODE OF ORDINANCES CHAIRMAN'S MATTERS MEMBERS MATTERS O , , MA* lEAS CODE ENFORCEMENT F~CER'S ~ I 0 ATTORNEY'S MATTERS "I. ADJOURN tF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND :OR SUCH PURPOSES, NE/SHE MAY NEED TO ENSURE --HAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE WHICH RECORD iNCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED CII'Y OF SEBASTIAN CODE ENFORCEMENT BOARD 1225 MAIN STREET, SEBASTIAN, FL 32958 MINIITES OF REGULAR MEETING NOVEMBER 20, 2002 Chairwoman Barczyk called thc re(cling to order at 2:05 p.m. The Pledge ol'Allegiancc was recited. ROLL CALL: Chairwoman Barczyk Mr. (osco Mr. Neglia Mr. Oakes Mr. Schoficld Mr. Seeley Mr. VanBuskirk Excused Absences: Mr. Simmons Not Present: Mr. Grifl~n Also Present: Rich StringcL ~.ity Attorney Police Chief Jim Davis Police Lt. Bob Lockhan (ode Enlmcement Officer Warren Lindquisl (ode Enibrcement (ffficcr Anlome Van Meil Donna Cyr, Sccrelary Jcancttc Williams, Recording Secretary APPROVAl, OF MINUTES: MOTION by Neglia/Scelcy "I make a molion to accept thc minutes From September l 8th." NOTICED I [EARINGS: FALSE ALARM V1OI.ATION APPEAL OE F/NE MR. & MRS. CORY S. RITCIIER 489 QUARRY LAN Section 3%31 (C) Code of Ordinances Police Lt. Bob l~ockhal1 was sworn in by Chairwoman Barczyk and stated Mr. Ritcher has had 4 Ibis( alarms of which one was weather related st) that one was waived. Hc stated Ihere were no causes lbund to scl Ih( alarms off and alarm response notices were left in conspicuous places Discussion ~bllowed on while a cause is unknown, there could always be a cause and lhe definition of ihlsc alarln was read and file Lt. fi~rther explained thc permit year is March m Mmch. Code Enforcement Board Meeting November 20, 2002 Page Two Chairwonmn Barcyzk asked tbr fl~c City's rcconnnendaliotc Et. Ix)ckha~t stated that since Mt-. Ritchcr had a service call to check the system, his fine could be waived. MOTION by Oakcs/VanBuskirk "I make a mo0on io dismiss?' ROEE CAEI.: Mr. Ncglia aye Mr. Schofic[d nay Mr. (:osco aye ( hatrwoman Barczyk aye Mr. Van Buskirk -aye Mr. Oakes -aye Mr. Seeicy aye MOTION CARRIED 6-i FAI.SEAEARMVIOLATION APPEAL OFFINE JEWELRY BY RENE 945 SEBASTIAN BEVD,, UNIT #I Section 39 39 Code of Ordinances Ms. Rcnc Civelta was sworn in and stated she has had [bar false alarm citations iii which two were ullkllox~Vll causcs. Shc explained lhat her ieweh'y insurance requires her to have an alam~ and only three people have access to thc conlrol panel and that she docs hc~ best to avoid setting lhlsc alarms. Mr. Oakes asked how much ~xeight shoukt be given lo delective cqmpment. Mrs. Barczyk asked when Ms Civetla placed a service call and she replied ab'ct the third alarm. M~s. Barczyk pointed out user responsibility. Lt. Locldmrt went over her tdtHill time ~llld dates. MOTION by Ncglia/Oakcs "l would like to make a mouon, with discussion of cnurse, lhat we dismiss thc $100.00 fine and entbrcc thc $50.00 fine.' Chief I-]avis suggested ( xcusing the two alarms that ~ eh1 orr'thc same day since she had a scow'icc call. show service docamcntation and move Ms, Civetta's citations back [o tw(~. However. upm~ a vote on thc pending motion, the action was as lldlows: ROLL CALl: Mi. Neglia ~ayc Mr Schofield ~ayc Mr. (osco nay Chairwoman Barczyk -aye Mi'. Van Buskirk -aye Mr. Oakes nay Mr. See]ey nay MOTION CAP. RII';I) 4 3 FALSE AI,ARMVtOLATON APPEAL OF FINE MR JAMES CARTER 1021 GENESSEEAVENUE Scclion 39-39 (ode of Ordinances Lt. Lockhart ~equested this case come bcfbrc thc board and explained that Mi. ( arler has had numerons thlsc alarnxs Ibis past year and is up to S2,000. in fines. LI. I,ockhatt went on to explain that Mr Carter is 81 year old widower who opens his gm'age door, walks in to set his alarm, pulls his car out and then leaves through side door setting oW the alarm. The Lt. wcnt on to explain that Mr. Carter did not understand his system, has problems with comprcbcnsion and his son disconnected thc system about two weeks ago. (ode Enforcement Board Meeting November 20, 2002 Page Three MOTION by Scele?Ncglia "I'd like to make a motion that v,.c dismiss the case based ou thc inlhm~ation that has been provided to us." ROLL (ALL: M~. Ncglia -aye Mr. Schofield aye Mr. Cosco ~ayc ( hairwoman Barczyk aye Mr. Van Buskirk aye Mr. Oakes aye Mr. Scelcy -aye MOTION CARRIED 7 0 C} IAJ ~'-M4N S .MATTERS The Board wcicmncd tire code enforcement officer, Antoine Van Meir. O['fice~ Van Meir stated that he had just c~-~mpleted his trainiog and the I)eparlment was currcnt[? discussing patrolling opnons. Chairwoman Barczyk asked box,~ alarm cases are handled sillee they beard three today. The Cily Atlorney slated the Board is no1 prat o£the normal process and thc system is set up to sue the alarm o,xncr if they do nol pay the fine. He further stated that staff can use their judgment on bringing forlh cases. 8. iMEMBERS MATi'ERS Mr. Oakes asked if the lMse aiam~s are a problem tbr thc police. (~hief Davis answ'ered affirnmtivcly ho,,~ever ordinance has dccicased thc false alarms by two-tbirds. Thc ( hicfalso noled that the (1fy s oldulancc tollo~xs the national al:mn code. l'he Cily Altomey suggested systenl education fbr tll/kuon, i1 alarms and that sometimes during scrvice calls the t,,x. caking ol one wire could fix anolher. }le also reminded that motion deteclors can be adjusted which sales~nen probably overlook. Joe Barczyk reminded the Board that thlse alarms take patrol officers off the road Discussion follov~ed on the causes of the alarms. ML Neglia asked ifMs~ Abt had provided documentation that her system was worked on. Thc (ity Attorney confim~cd that she did. 9. CODE ENFOI~.CEMI';NT OFI;ICER'S MATTERS Lt. Lockhart stated alarm priority calls require two officers. ( hairwoman Barczyk suggested an alarm brochure be given to new permit applicants Mr. Van Buskirk asked how almros ate responded to and tile lt. stated the policy was lust changed tbr residential alarms but businesses are rcsp¢mdcd to with lights and sirens. 10. (ITY ATTORNEY'S MA I'TERS The (Aty Attorney recalled earlier this year, the code enfbrcement officers ~cquesled a few changes in die code~ He indicated that he would work on the first change which is lo shorten the time pmiod lhal people must comply m putting up house numbers. He also slaled overgrown lots are a common complaml but there is not a good solution to that problem at lhis time. Finally he stated that outdoor storage of junk is hard to address because the items maybe another person's treasure so he would work on cxpanding lhe deiinitions of accumulations of junk. Code Enlbrccmcnt Board Meeting November 20, 2002 Page Pour Mrs. Barczyk asked when these changes might happen and he stated thc end of January. She askcd al'the alarm ordinance would be looked at. ['he City Attorney stated the (ity originally intended to duplicate thc County's system and many ordinance problems seem to havc b~2ell wurked out. Mr. Oakcs suggested thai the board ride with thc police ol'ficers. Chairwoman Barczyk suggested thc ncw alarm permit brochm'e and lhe Chief stated the Department would work on something lo give out. I [. Bcmg no further business, Chairwoman Barczyk a4iourned the mcctmg at 3:10 p.m. Approved at the meeting Jayne Barczyk, Chairwoman Jcai~c~te Williams, Recording Secretary