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HomeMy WebLinkAbout10152003 CEB CITY OF SEBASTIAN CODE ENFORCEMENT BOARD COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FL 32958 MINUTES OF REGULAR MEETING OCTOBER 15, 2003 Vice-Chairman Cosco called the meeting to order at 2:03 p.m. The Pledge of Allegiance was recited. ROLL CALL: Mr. Neglia Mr. Cosco Mrs. Barczyk Mr. Griffin Mr. Clement Ms. Schofield Mr. Manuel Excused Absences: Mr. Simmons Chairman Van Buskirk Also Present: Richard Stringer, City Attorney Code Enforcement Officer Antoine Van Meir Code Enforcement Officer Warren Lindquist Donna Williams-Cyr, Secretary New Code Board member, Fred Clement, was welcomed. APPROVAL OF MINUTES: 9/17/03 Meeting The minutes were approved by a voice vote 7-0. NOTICED HEARINGS: to VIOLATION HEARING - CASE # 2003-8424 MANUEL & EVONDA WARD - 153 HARRIS DRIVE SECTION 66-3 (11) CODE OF ORDINANCES Vice Chairman Coseo swore in Code Enforcement Officer Van Meir. Officer Van Meir stated that the case already is complied with. The house went into foreclosure very quickly and the bank cut the lawn. He spoke with the bank and they will be maintaining the lawn in the future. The mortgage holder was noticed. The owners are offthe record. MOTION by Griffin/Clement "I motion to dismiss the case." Code Enforcement Meeting October 15, 2003 Page Two ROLL CALL: Mr. Neglia -aye Mr. Cosco -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Clement -aye Ms. Schofield -aye Mr. Manuel -aye MOTION CARRIED 7-0 Bo FALSE ALARM VIOLATION - ALARM PERMIT//2452 SEBASTIAN POOL & PATIO - 730 S. FLEMING ST SECTION 39-39 CODE OF ORDINANCES Vice Chairman Cosco swore in Steve Hyde of 730 Fleming Street. Mr. Hyde stated that the alarm system was just installed and that there was a faulty sensor. He called ADT the next day and they came out and looked at it and said it was possibly a spider that caused the alarm. Then a week later the alarm went offagain and ADT came out and replaced the faulty detector. He brought in a copy of the work order. Attorney Stringer stated that Mr. Hyde could only appeal the September alarm because you have 30 days in which to appeal a false alarm. So Mr. Hyde is really asking for a reduction in the fine. It was asked what the reason for the last alarm was. Mr. Hyde stated that the last false alarm was caused by his wife going into the store and thought she had 45 seconds to get in and out. Mrs. Barczyk asked if she was properly trained on the alarm system. Mr. Hyde stated she was briefly. Mr. Neglia questioned the faulty equipment stating the false alarm was set offby mistake by Mr. Hyde's wife. Attorney Stringer stated it would still be on the record that Mr. Hyde has three false alarms for furore reference but from a penalty standpoint by reducing the fine to zero your treating it from a penalty standpoint as though one of those first two didn't exist. MOTION by Griffin/Manuel "Considering it was a new alarm and they had faulty equipment, which in the end is the home owner's responsibility anyways, I motion that we waive the fine and remove the circumstance." ROLL CALL: Mr. Neglia -aye Mr. Cosco -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Clement -aye Ms. Schofield -aye Mr. Manuel -aye CHAIRMAN'S MATTERS Chairman wasn't here. No Chairman's matters. MEMBER'S MATTERS Mrs. Barczyk stated that she wouldn't be here next month for the meeting she will be out of town. Code Enforcement Meeting October 15, 2003 Page Three Mr. Cosco apologized for the fact he didn't invite the Code Enforcement Officer to speak for the City. Code Enforcement Officer Van Meir said it wasn't necessary for him to speak because the person is appealing or contesting the fine and the Board can make a judgment on the case without his input. Mr. Neglia asked when we make a motion, if we were giving enough particulars on the ease with the ease number. Attorney Stringer said that they have loosened up, that we are okay. 8. CODE ENFORCEMENT OFFICER'S MATTERS No Code Enforcement matters. 9. CITY ATTORNEY MATTERS The City Attorney stated that we may try to put in the ability to administratively waive some of these false alarms. There is no provision for the officers to waive any false alarms due to faulty equipment. Mr. Griffin stated that we had talked about reducing the fines. Can it be brought up to City Council? There was discussion on whether the Code Board could make changes or tightening up Ordinances. Attorney Stringer said that it couldn't be done because it would be a conflict of interest. But as individuals you could go to City Council and say "Sitting on the Board I've noticed this...". More discussion on the matter. Mrs. Barczyk asked if they could ask about cases that they have past judgment on, to get a status on them. Attorney Stringer isn't aware of any out there that have remained a problem. Nothing out there has been appealed and nothing out there that remains a fine. Code Officer VamMeir mentioned the liens for grass that we cut on a regular bases on abandoned property. Discussion on the Taylor case among the Board members.. 10. 11. PUBLIC INPUT Mr. Baxter Coxton, of 660 Balboa St., Sebastian, requested clarification of Ordinance 0-97-02 Sec. 6.1. Code Enforcement told Mr. Coxton that the only place he could place his RV for sale was on his own property. Mr. Coxton stated that he was given permission by Wal-Mart to park it there. Attorney Stringer stated that that would be violating a different Ordinance, that it was a zoning violation. Attorney Stringer made Mr. Coxton aware that the Code Board doesn't interpret the Ordinances and that the Growth Management Director would interpret the codes. Mr. Coxton was directed to Mr. Traey Haas for clarification. Being no further business, the Vice-Chairman adjourned the meeting at 2:37 p.m. Approved at the ,//' ' / ~ - ~ Chairman Ron Van Buskirk meeting. Donna Williams-Cyr, Secretary