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HomeMy WebLinkAbout04212004 CEB CITY OF SEBASTIAN CODE ENFORCEMENT BOARD COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 MINUTES OF REGULAR MEETING APRIL 21, 2004 Item gE was removed from the agenda as the fine was satisfied. 1. Chairman Van Buskirk called the meeting to order at 2:00 p.m with a salute to the flag. 2. ROLL CALL: Present: Chairman Ronald Van Buskirk Vice Chairman Salvatore Neglia Mr. Kenneth Cosco Mr. Fred Clement Ms. Eva Schofield Mr. Carl Anderson Mr. Robert Manuel, Alt. Mr. Hank Buchanan, Alt Absent: Mr. Leon Griffin Also Present: Code Enforcement Officers: Antoine Van Meir Warren Lindquist City Attorney Rich Stringer Code Enforcement Board Secretary Shirley Lynch APPROVAL OF MINUTES: Regular Meeting 03/17/04 The minutes were approved as written by a voice vote 7-0 with a correction of a typo on the first page (Van Meir spelled Van Heir) 4. NOTICED HEARINGS: A. VIOLATION HEARING-CASE #NON-PERMITTED ALARM MS. TRACY SARCINELLO- 877 GEORGE STREET · SECTION 39-38(b) CODE OF ORDINANCES APPEALING $$0.00 FINE FOR NON-PERMITTED ALARM Ms. Sarcinello was not in attendance. Chairman Van Buskirk swore in Code Enforcement Officer, Antoine Van Meir, who stated that the burden of proof is on the respondent and suggested that she be found in violation at the frae specified plus administrative costs and proceed with the rest of the alarm violators, who are not in attendance, the same way. MOTION made by Fred Clement to find Ms. Sarcinello in violation according to Section 39- 38(b) of the City of Sebastian Code of Ordinances and that she be fined the $50.00 plus the cost of administration ($4.42 certified mail), second by Ken Cosco Code Enforcement Meeting April 21, 2004 Page 2 of 6 ROLL CALL VOTE: Chairman Van BusKirk Aye Vice Chair Neglia Aye Ken Cosco Aye Fred Clement Aye Eva Schofield Aye Carl Anderson Aye MOTION carded 6-0 B. VIOLATION HEARING-CASE #NON-PERMITTED ALARM BRADLEY MCMATH- 497 ALAMANDA AVENUE · SECTION 39-38(b) CODE OF ORDINANCES Non-Permitted Alarm Mr. McMath was not present. After a discussion by the Board: MOTION made by Ken Cosco, with a second by Chairman Van Buskirk to find Mr. McMath in violation of Section 39-38(b) of the City of Sebastian Code of Ordinances with the fine of $64.42 to stand. ROLL CALL VOTE: Chairman Van Buskirk Aye Vice Chair Neglia Aye Ken Cosco Aye Fred Clement Aye Eva Schofield Aye Carl Anderson Aye MOTION CARRIED 6-0 C. VIOLATION HEARING-CASE #2337 · MAIN STREET AUTO- 1301 MAIN STREET SECTION 39-38(a) CODE OF ORDINANCES - Excessive False Alarms (7) Ms. Jan Winters was sworn in by Chairman Van Buskirk. She explained that she has a question on two of the reported false alarms. On 1/6/03 she hit the panic button, which she states was a legitimate call, the alarm company came in to repair the system on the same day. The alarm company said they called in the test to the police department but the police responded and charged Main Street Auto with a false alarm. The second question was on 2/19/03- The alarm company said they cancelled the alarm but the police responded. She is waiting for reports from the alarm company. Responding to questions from the Board, Ms. Winters stated that she doesn't know what was setting offthe alarms and that she accepts the responsibility for the false alarms. She asked that the Board split up the payment of the fine. After a discussion by the Board: MOTION made by Ken Costco to continue this hearing to the next meeting until the dates are figured out, second by Fred Clement. Code Enforcement Meeting April 21, 2004 Page 3 of 6 Discussion: The dates of the false alarms were given to the Board. Attorney Stringer stated the respondent only has 30 days to appeal the alarm, if not appealed the alarm is deemed a valid false alarm. Mr. Anderson asked what would be accomplished by postponing the hearing for 30 days. MOTION by Chairman Van Buskirk reference case #2337- to find Main Street Auto in violation of Section 39-38(a) of the City of Sebastian Ordinances but reduce the total amount of the fine to $130.00 Motion seconded by Fred Clement Discussion: There was a clarification of fine amounts ROLL CALL VOTE: Chairman Van Buskirk Aye Vice Chair Neglia Aye Ken Cosco Aye Fred Clement Aye Eva Schofield Aye Carl Anderson No MOTION CARRIED 5-1 D. VIOLATION HEARING-CASE #1651 BOBBY SHELLEN- 581 JOY HAVEN DRIVE · SECTION 39-38(a) CODE OF ORDINANCES - Excessive False Alarms (5) Ms. Shellen was not present. There was a discussion of the facts that were presented to the Board. MOTION by Fred Clement reference case #1651- to find Bohbie Shellen in violation of Section 39-38(a) of the City of Sebastian Ordinances with a fine of $268.84. Motion seconded by Carl Anderson ROLL CALL VOTE: Chairman Van Buskirk Aye Vice Chair Neglia Aye Ken Cosco Aye Fred Clement Aye Eva Schofield Aye Carl Anderson Aye MOTION CARRIED 6-0 F. VIOLATION HEARING-CASE #2004-7701 CONCETTA K. CIESLAK- 165 CAPRONA STREET · SECTION 66-3.0) CODE OF ORDINANCES - UNLAWFUL ACCUMULATION OF DEBRIS, LITTER AND JUNK DEBRIS Ms Cieslak was not present. Code Enforcement Officer VanMeir presented his credentials and the City's case against the respondent. He also passed out photos of the problem area. The Code Enforcement Meeting April 21, 2004 Page 4 of 6 violations were brought to the attention of the code division many times through the City Manager's office. All previous violations were taken care of except the violation of 01/02/04. Mr. Neglia stated, for the edification of the Board members, that Ms. Cieslak was before the Code Board two years ago. The Board found her in violation with no fine with the understanding that if the same violation is repeated she would be fined; he feels this is a repeat violation. Officer Van Meir suggested the Board find her in violation, give her 10 days from this date to come into compliance, and if not in compliance by that time, to fine her $500 a day for every day the violation exists. Afier a discussion on the severity of the fine, Officer VanMeir gave the history of the violations and the amount of time the Code Enforcement Officers have spent on this case. MOTION made by Eva Schofield re: Case #2004-7701 to find Concetta K. Cieslak in violation of Section 66-3.(1) of the City of Sebastian Ordinances giving her 7 days from this date to clean up the violation and if she is not in compliance by that time to fine her straight away the $500 per day plus administrative costs. Motion seconded by Fred Clement. ROLL CALL VOTE: Chairman Van Buskirk Aye Vice Chak Neglia Aye Ken Cosco Aye Fred Clement Aye Eva Schofield Aye Carl Anderson Aye MOTION CARR1ED 6-0 G. VIOLATION HEARING-CASE #2004-5818 TIMMI I. JORDAN- 519 WIMBRO DRIVE · (5818) SECTION 66-1.(1X~3)(5) CODE OF ORDINANCES - Injures comfort, repose, health or safety of others. Offensive to the senses. Renders other persons insecure in life, or use of property. H. VIOLATION HEARING- CASE #2004-5825 TIMMI L JORDAN- 519 WIMBRO DRIVE · (5825) SECTION 66-1.(6) CODE OF ORDINANCES- Interferes with the comfortable enjoyment of life, property, or tends to depreciate the value of other property. Chairman Van Buskirk asked to hear both cases at the same time. Officer Van Meir presented the City's case against Ms. Jordan and presented photos of the area to the Board. He stated that this problem was brought to the attention of the Code Division through the City Manager's office via Mr. Pierce. He explained the offensive odors and the deterioration of the house (doors & windows were needed, and roof needed repair). He explained that Ms. Jordan was feeding feral cats. Animal control went to the property and captured 12 cats in 2 months. Officer Van Meir stated that some repairs were done to the house and that Ms. Jordan said she has stopped feeding the cats. He suggested that the Board find Ms. Jordan in violation with no fine with the understanding that she stop feeding the cats, repairs the windows, and keeps the odors in her house. Code Enforcement Meeting April 21, 20O4 Page 5 of 6 Chairman Van Buskirk swore in Timmie I. Jordan. She stated she put a new roof on the house, and has two broken windows, which she will gladly get fixed. Upon questioning by the Chairman, Ms. Jordan stated she has 2 dogs and 2 cats. Chairman Van Buskirk stated the Board wants her to get her property cleaned up. Chairman Van Buskirk swore in Michael Pierce. Mr. Pierce stated he is Ms. Jordan's next door neighbor, and for 8 years there has been a cat and odor problem, further that this problem has not been resolved. He feels the animals are wild and the cats outside don't have tags. He stated that animal control has trapped some cats but the rest have repopulated and they are back to the same problem. He has offered to help her refurbish her propeWy and stated he is not here to have her fined but only wants the problem resolved. Ms. Schofield asked that Ms. Jordan have Animal Control trap the cats on a regular basis with Mr. Neglia stating that because of the lack of manpower they are not able to do that. Officer Lindquist stated that feral cats are all over the City and that Ms. Jordon has sworn that she is no longer feeding them. He commented that according to the Health Department, it is not in the jurisdiction of Code Enforcement to do anything about the inside of the house. Ms. Jordan stated she has put mothballs around her property to get rid of the odors. Officer Van Meir remarked that she has stopped feeding the cats and that there were several issues adding to the odor. He reported on his visit to the property today, that he didn't smell anything, the doors have been replaced, and she is working on the windows. He stated that he told her she didn't have to take out a loan to do the repairs, to do them as she can afford them. He again asked that the Board find her in violation with no fine. After a question by Attorney Stringer, Officer Van Meir stated that it was his guess that the odor was fi.om the animal feces and stagnant water. MOTION made by Chairman Van Buskirk re: Case #2004-5818 to find Timmie I. Jordan in violation of Section 66-1.(1X3XS) of the City of Sebastian Ordinances with no fine and with the understanding that any repeat violation will result in her being fined. Motion seconded by Ken Cosco. ROLL CALL VOTE: Chairman Van Buskirk Aye Vice Chair Neglia Aye Ken Cosco Aye Fred Clement Abstained Eva Schofield Aye Carl Anderson Aye MOTION CARRIED 5-0- 1 Abstention MOTION made by Chairman Van Buskirk re: Case #2004-5825 to find Timmie I. Jordan in violation of Section 66-1 .(6) of the City of Sebastian Ordinances with no fine and with the understanding that any repeat violation will result in her being fined. Motion seconded by Ken Cosco. Discussion: Mr. Neglia asked if the windows must be repaired. Mr. Stringer replied that it must really be a serious problem to be at the level ora building code violation and it must depreciate the property values of others to be a code violation. Code Enforcement Meeting April 21, 2004 Page 6 of 6 ROLL CALL VOTE: Chairman Van Buskirk Aye Vice Chair Neglia Aye Ken Cosco Aye Fred Clement Aye Eva Schofield Aye Carl Anderson Aye MOTION CARRIED 6-0 Chairman Van Buskirk reminded Ms. Jordan if she was found in violation for the same offenses, she will be dealt with severely. 5. CHAIRMAN'S MATTERS- None 6. MEMBER'S MATTERS: Mr. Anderson asked how assessed fines were to be collected. Attorney Stringer stated that there were several things the City could do regarding alarms, not respond, not continue the alarm permit, bring them to small claims court. A discussion followed on personal problems between neighbors. Officer Van Meir stated that Enforcement Officers will only issue violation notices if there is a violation. 7. CODE ENFORCEMENT OFFICER'S MATTERS: Officer VanMeir suggested the Board members listen both sides of the story and focus on the facts rather than the hearsay. He stated that somewhere in between both sides is the truth 8. CITY ATTORNEY'S MATTERS: None 9. PUBLIC INPUT: None Being no further business to come before the Board, Chairman Van Buskirk adjourned the meeting at 3:35 p.m. Approved at the Chairman//Ron VanBuskirk/Q phq'~l~y X LynchffS~reta~ ' Code Enforcement Board meeting.