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HomeMy WebLinkAbout12032003-STURMCODE ENFORCEMENT BOARD MINUTES WEDNESDAY, DECEMBER 3, 2003 - 2:00 PM CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA Chairman Van Buskirk called the Special Meeting to order at 2:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Present: Ronald Van Buskirk, Chairman Salvatore Neglia Ken Cosco Leon Griffin Jayne Barczk Eva Schofield Robert Manuel (Alternate) Absent: William Simmons Fred Clement Also Present: Rich Stringer, City Attorney City Clerk, Sally Maio Police Chief, James Davis Code Inspector, Warren Lindquist City Councilmembers Nathan McCollum and Joseph Barczyk were in attendance. Code Enforcement Board Request for Headng - Herbert Sturm December 3, 2003 Page Two REQUEST FOR REHEARING OF THE CHAPTER 66 FINDING - HERBERT STURM~ 549 SAUNDERS STREET Copies of Code of Ordinances Chapter 66 and the November 19, 2003 order provided to Mr. Sturm were distributed to the Code Enforcement Board at the beginning of the meeting. (both documents are attached to these minutes) Chairman Van Buskirk swore in Herbert Sturm, 549 Saunders Street, who had requested a rehearing of his November 19, 2003 headng before Code Enforcement for an alleged Chapter 66 Code violation. Mr. Sturm stated, in his opinion, that Chapter 66 does not authorize the Code Enforcement Board to do anything and is in conflict with Chapter 2 relative to Code Enforcement Board rules of procedure, that the order he received did not include a finding of fact and conclusion of law or a vote of the members, that testimony provided by the City ^ttomey was not under oath, and cited Attorney General opinions 85-33 and 86-10. In response to Chairman Van Buskirk, Mr. Sturm said he had not mowed the grass in the easement; and when asked if he had cleaned up the back yard, said it was debatable depending on what was meant by "cleaned up". Mr. Sturm then provided, for the record, a copy of Land Development Code Section 54-2-7.7 (e) (3) which the Chairman read as follows: "(3) Maintenance. W/th the exception of drainage ditches maintained by others, the property owner shall be responsible for the maintenance of all property within a utility or drainage easement regardless of the placement of the fence or wall. The city may remove any fence or wall within the easement, as needed, in cases of emergency." (see attached to these minutes) Mr. Sturm requested that the tape of the November 19, 2003 hearing and this tape be entered into the record. He then said there was no trash on the property The City Attorney inquired whether the Board had decided to grant a rehearing based on sufficient evidence presented, and advised that they take a vote on whether or not to grant the rehearing. The Chairman inquired whether Mr. Sturm was responsible for showing copies of evidence to show that he was in compliance. He told Mr. Sturm if he could show that he was now in compliance, the Code Inspector would verify the fact and that is all the Board asks. Mr. Sturm alleged, after reviewing the November 19, 2003 audiotape, that remarks made by Mr. Stdnger and Mr. Neglia were prejudicial to his casa. The City Attorney advised the Board that he had misadvised them on November 19, 2003 that the time limit for compliance following the appeal headng was set out in the Code, when in fact the time limit should be set by the Board at the hearing if they find adversely against the alleged violator. The City Attomey reiterated that if there is new evidence provided which could not have been easily been discovered, the Board can grant the requested rehearing. Code Enfomement Board Request for Headng - Herbert Sturm December 3, 2003 Page Three MOTION by Van BuskirldGriffin "1 agree to deny the reheating, as no further evidence to support the case." Mr. Neglia - aye Mr. Cosco - aye Mrs. Barczk - aye Chairman Van Buskirk - aye Mr. Gdffin - aye Mrs. Schofieid - aye Mr. Manuel - aye MOTION CARRIED 7-0 The City Attorney advised that the Board can amend the time limit which has a deadline of December 4, 2004 on the odginal order if it so chooses. MOTION by Van Buskirk/Griffin "I'd like to amend it to give him twenty days which would give him until December 9th'' Mr. Neglia - aye Mr. Cosco - aye Mrs. Barczk - aye Chairman Van Buskirk - aye Mr. Griffin - aye Mrs. Schofield - aye Mr. Manuel - aye MOTION CARRIED 7-0 o Being no further business to come before the Board, Chairman Van Buskirk adjourned the Special Meeting at 2:38 p.m. Approved at the Ronald Van Buskirk Chairman Sally A. Mai~, CMC C~ty Clerk Code Enforcement Meeting. § 54-2-7.7 SEBASTIAN LAND DEVELOPMENT CODE merit department within ten working days after action of the planning and growth management director. The request for the appeal shall include information concerning the disputed issues in the planning and growth management director's actions. (e) Fences within easements. (1) Fence permit required. It shall be unlawktl for any person, association, corporation or other entity to erect a fence or wall within any easement unless a fence permit for the fence or wall is obtained prior to the erection of the fence or wall, and the fence or wall is constructed of the materials listed in section 54-2.7.7(b)(1), (2) and (5). Prior to city approval of the permit, the applicant shall provide the city an affidavit from the holder(s) of the easement stating that the holder(s) has (have) no objection to the permit approval. (2) Property owner responsible for removal cost. Any fence or wall proposed to be installed within a utility or drainage easement that accesses, abuts or provides the city or utility company with a maintenance area to lot line ditches, canals, drainage tracks, or rights-of-way, may be of a permanent or temporary .nature. However, if the city or utility company should later determine that removal of the fence or wall is necessary for the installation, repair or replacement of the drainage or utility facility, the property owner shall be required to remove the fence or wall within five days of the owner's receipt of written demand for removal from the city or utility company. Ail cost incurred in the removal and replacement of the fence or wall shall he the responsibility of the property owner. (3) Maintenance. With the exception of drainage ditches maintained by others, the property owner shall be responsible for the maintenance of all property within a utility or drainage easement regardless of the placement of the fence or wall. The city may remove any fence or wall within the easement, as needed, in cases of emergency. (f) Prohibited fences and walls. (1) Prohibited types of walls and fences. It shall be unlawful to erect, construct, install or maintain the following structures: a. A fence or wall within six feet of a fire hydrant; b. A fence or wall within any street right-of-way; c. An electricity charged fence or wall; d. A fence or wall in a dilapidated condition which appears to be neglected, unkempt, or in substantial disrepair, in whole or in part, and as a consequence thereof is either unsound, hazardous or ineffectual; e. Any fence or wall containing hazardous substances such as broken glass, barbed wire, (except as provided in paragraph (2) below), spikes, nails, wire, or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such material shall be deemed to be a public nuisance. LDC7:8 Chapter 66 NUISANCES* Sec. 66-1. Sec. 66-2. Sec. 66-3. Sec. 66-4. Sec. 66-5. Sec. 66-6. Sec. 66-7. Sec. 66-8. Definitions. Findings and intent. Illustrative enumeration. Nogice of violation. Service of notice; form. Heazing before code enforcement board. Condition may be remedied by ci9-y s_nd lien imposed. Penal~-y for violation of chapter. =Cross references-Jurisdiction of the code enforcement board, § 2-178; distribution of handbills, § 6-26 et seq.; lost and abandoned property, § 58.71 et seq.; solid wastes, ch. 86;junk, § 86-46 et seq.; refuse disposal and waterways of the city prohibited, § 110-3; excessive noise of watercraft prohibited, § 110-37; required equipment for excrement, waste, and refuse dis- posal for watercraft, § 110-40. State law references--Abatement of nuisances by injunction, F.S. § 60.05; nuisances injurious to health, P.S. ch. 386; public nuisances in general, F.S. ch. 823. CD66:1 § 66-8 SEBASTIA~ CODE Sec. 66-3. nlustra~ive en,~meration. The maintaining, using, placing, depositing, leaving or permitting to be or rems_in on any public or private property of any of the following items, conditions or actions is hereby declared to be and constit~zte a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, llmiting or restrictive: (1) Accumulations of traSh, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other ,n~rnal mat~er, fruit, vegetables, offal; bricks, concrete, scrap ],,tuber or other bui]~llng debris or other refuse of any nature. (2) Any condition which provides harborage for rats, mice, snakes and other vermin. (3) Any building or other structure which is in such a dilapidated condition that it is unfit for h,,~u-n habitatioz~, or kept in such an ,m~-~itary condition that it is a menace to the health of people resirt~ng in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. (~) All u~_uecessary or unauthorized noises and _annoying vibrations, including ~mal ~oises. (5) Ail disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise 'to the -mission or generation of such odors and · stenches. (6) The carcasses of ~m~]s or fowl not disposed Ofwi~.~ a reaSonable time after death. (7) The pollution of any public ~vell or cistern, s~ream, lake, canal or body of water by sewage, dead ~ni~nals, creamery, industrial waters or other substances. (8) Any building, structure or other place or location where any activity which is in vielation of local, state qr federal law is conducted, performed or m~_i~tained. (9) Any acc~r, ulation of stagnant water permitted or mg~ntained on any lot or piece of ground, excluding drainage facilities contained in public rights-of-way or easements as authorized by the city. (10) Dense smoke, noxious fumes, gas, soot or cinders in ~mreasonable quantities. (11) Growth of weeds, grass, undergrowth or other vegetation upon improved real propertry, to a height of ten inches or more. (12) Inoperative, junk or abandoned vehicles and vessels on the exterior portions of reeidential property. Trailers shall be deemed vehicles for purposes o£ t~i~ regulation. It shall constitute a violation of this provision to have either of the following conditions on a residential properVy: a. Avehicle or vessel that is ~registered or unlicensed and located to the s~reet side of the building line of the [principal] structure; or Supp. Nc. 28 CD66:4 NUISANCES § 66-5 of his violation of ibis article and to demand elimination of the violation within 15 days after ~he receipt, or postimg, of such notice, unless the violation poses an ~rnm~nent threat to public health and safety, in which case the noiice shall require elimination of the violation within forty-eight (48) hours. (Code 1980, § 16-2.1; Ord. No. 0-91-18, § 1(16-2.1), 7-10-91; Ord. No. 0-99-06, § 2, 8-25-99) Sec. 66-5. Service of notice; form. (a) The notice required by section 66-4 shall be give~ by certified mail, addressed to the owner of the property described, as his name and address is then shown upon the tax roll of the county property appraiser, as of the date received or posted. If such notice is returned by postal authorities without evidencing receipt thereof, the en/orcement official shall cause a copy of the notice to be served by a police officer of the city upon the occupant of the property, or upon any agent of the owner thereof, if located in the county. If personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after two a~empts by such officer, the notice shall be accomplished by physically' posting the notice on the property. (b) The notice shall be in substantially the following form: NOTICE OF PUBLIC NUISANCE Name of owner Address of owner ?ublic records indicate that you are the owner of the following property in the City of Sebastian, Florida: (describe property) An inspection of this property discloses, and the City has found and determi'ned, that a condition exists thereon which is a violation of section 66-3 of the Code of Ordinances of the City of ~Sebastian in that:. (describe here the condition which places the property in violation) You are hereby notified that unless the condition described above is remedied so as to make it nonviolative of section 66-4 of the Code of Ordinances of the city within 15 days / 48 hours from the ~me of receipt hereof, the City of Sebastian will proceed to remedy this condition, and the expenses will be imposed as a lien on the property if not paid within 14 days after receipt of billing. If you have any questions, please phone the code enforcement department of the city. If you dispute that such alleged conditions exist on such property, you may request a hearing before the city code enforcement board to show good reason why such condition should not be Supp. No. 19 CD66:5 NUISANCES § 66-8 finance shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof. Notice of such lien may be fried m the of Iice of the clerk of the circuit court and recorded among the public records of Indian River County. (Code 1950, § 16-5; Ord. No. 0-91-18, § 1(16-5), 7-10-91; Ord. No. 0-99-06, § 5, 8-25-99) Sec. 66-8. Penalty for violation of chapter. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be pnn~shed as provided in section 1-10 of this Code. Any action taken pursuant to this chapter in regard to the disposal, abatement or removal of the conditions declared in this chapter to be public nuisances shall be considered c,,mulative and in addition to other penalties and remedies provided elsewhere in this Code. (Code 1980, § 16-8; Ord. No. O-91-18, '§ 1(16-8), 7-10-91) Supp. No. 19 CD66:7 CODE ENFORCEMENT BOARD CITY OF SEBASTIAN IN THE MATTER OF: Katherine Sturm and Herbert Storm, APPELLANTS. / CASE NO. 03-13720 CHAPTER 66 APPEAL c,O ? ORDER THIS CAUSE came to be heard on November 19, 2003, upon the request for hearing of the APPELLANTS Katherine Storm and Herbert Storm, and upon the presentation of the parties, the Board enters its FINDINGS: 1. That a public nuisance exists on the property of APPELLANTS located at 549 Saunders Street, Sebastian, Florida, as described in City Code Section 66-3(1). That a public nuisance exists on the property of APPELLANTS located at 549 Saunders Street, Sebastian, Florida, as described in City Code Section 66-3(2). o That a public nuisance exists on the property of APPELLANTS located at 549 Saunders Street, Sebastian, Florida, as described in City Code Section 66-3(11). ACCORDINGLY, it is ORDERED: 4. That in accordance with the time parameters of the Code, that the public nuisance be remedied by the Appellants no later than December 4, 2003, or the City shall take action to remedy the same in accordance with law. ORDERED this __ day of November, 2003, nuncpro tunc to November 19, 2003. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN, FLORIDA By: Ronald Van Buskirk, Chairman Copy to: Katherine and Herbert Storm HOME OF PEUCAN ISLAND CODE ENFORCEMENT BOARD AGENDA WEDNESDAY, DECEMBER 3, 2003 - 2 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL REQUEST FOR REHEARING OF THE CHAPTER 66 FINDING - HERBERT STURM, 549 SAUNDERS STREET 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED A T THIS HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings SEBASTIAN HO/V~E OF PELICAF¢ ISLAND PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA CODE ENFORCEMENT BOARD REHEARING OF CHAPTER 66 FINDING REQUESTED BY HERBERT STURM~ 549 SAUNDERS STREET WEDNESDAY~ DECEMBER 3~ 2003 - 2:00 PM The Sebastian Code Enforcement Board will conduct a rehearing on the Herbert Sturm, 549 Saunders Street, Chapter 66 finding at his request on Wednesday, December 3, 2003 at 2:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian Florida. Any person who decides to appeal any decision made by the Board with respect to any matter considered at this meeting (or hearing) will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard (286.0105 F.S.) In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the city's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Two or more elected officials may be in attendance at this hearing.