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HomeMy WebLinkAbout01121983'.~NUTES OF MEETING OF CODE ENFORCEMENT BOARD - JANUARY 12, 1983 MEETING WAS CALLED TO ORDER BY CHAIRMAN ROBERT FITZMAURICE AT 2:10 P.M. IN THE CHAMBER OF COMMERCE BUILDING. PRESENT: CHAIRMAN ROBERT FITZMAURICE, VICE CHAIRMAN EARL WITHERBY, MARTIN LEWIS, GEORGE McCLEARY, GEORGE LA PORTE, PETER TARBELL, BOARD ATTORNEY GREGORY GORE. MOTION BY MR. LEWIS, SECONDED BY MR. McCLEARY, TO APPROVE THE MINUTES OF THE MEETING OF DECEMBER 8, 2982. CARRIED. VIOLATION HEARING: CASE NO. 82-6 - BILLY ADAMS, BOX 602, MAIN STREET, SEBASTIAN - VIOLATION OF CITY OF SEBASTIAN CODE OF ORDINANCES SEC. 7-20, APPLICATION FOR BUILDING PERMITS; FEES. SEC. 7-96, RENEWAL OF CERTIFICATE. CHAIRMAN FITZMAURICE STATED THAT BE HAD BEEN ADVISED THAT THIS MATTER HAD BEEN SETTLED AND REQUESTED JOHN PALMER, ACTING BUILDING OFFICIAL, TO EXPLAIN THE CONDITION THAT EXISTED AND HOW IT WAS RECTIFIED. MR. PALMER STATED THAT AT THE TIME HE TOOK OVER AS BUILDING OFFICIAL, MR. ADAMS HAD NOT RENEW-ED HIS LICENSE. BE HAS SINCE DONE SO AND HAS AGREED TO PAY THE PERMIT FEE AND PENALTY. HE ADDED THAT MR. ADAMS WOULD LIKE TO SAY SOMETHING. CHAIRMAN FITZMAURICE REMARKED THAT BEFORE MR. ADAMS SPEAKS, SINCE THE VIOLATION HAS BEEN RECTIFIED MOTION SHOULD BE MADE TO DISMISS. MOTION BY MR. LEWIS TO DISMISS CASE NO. 82-6. MR. McCLEARY SUGGESTED THAT THE ALLEGED VIOLATION SHOULD BE READ INTO THE MINUTES. CHAIRMAN FITZMAURICE REQUESTED MR. GORE SO TO DO AND MR. LEWIS WITHDREW HIS MOTION. MR. GORE STATED THAT THE ALLEGED VIOLATIONS CONSISTED OF FAILURE OF MR. ADAMS TO APPLY FOR A BUILDING PERMIT AND PAYMENT OF FEES PURSUANT TO SEC. 7-20 OF THE SEBASTIAN CODE OF ORDINANCES AND FAILURE TO OBTAIN A RENEWAL CERTIFICATE PURSUANT TO SEC. 7-96 OF THE SEBASTIAN CODE OF ORDINANCES. IN ADDITION, THERE WAS IMPROPER CONSTRUCTION ACCORDING TO THE PERSON WHO BROUGHT THIS MATTER BEFORE THE BOARD OF A SCREEN ROOM ENCLOSURE. MR. GORE READ LETTER DATED FROM ARTHUR MAYER TO MR. ADAMS, DECEMBER 21, 1982, ADVISING HIM OF THE VIOLATIONS. MR. WITHERBY THOUGHT MR. ADAMS SHOULD BE HEARD FROM BEFORE CASE tS DISMISSED. SINCE MR, PALMER STATED THAT MR. ADAMS HAD AGREED TO OBTAIN THE PERMIT AND PAY THE PENALTY, BUT HAD NOT YET DONE $0, MR. WITHERBY WAS NOT IN FAVOR OF DISMISSAL UNTIL EVERYTHING IS COMPLETELY COMPLIED WITH. ATTORNEY GORE STATED THAT IF THE BOARD CHOSE NOT TO DISMISS, THE HEARING CANNOT CONTINUE WITHOUT THE PRESENCE OF ATTORNEY KILBRIDE WHO MUST PRESENT THE CITY'S CASE AND SWEAR IN ANY WITNESSES. THE BOARD HAS THE OPTION TO DISMISS ONE PART OF THE VIOLATION AND SETTING ANOTHER MEETING. MOTION BY MR. WITHERBY, SECONDED BY MR, McCLEARY, THAT CASE NO. 82-6 CONCERNING BILLY ADAMS BE SCHEDULED TO ANOTHER MEETING DUE TO THE FACT THAT COMPLETE SET- TLEMENT OF THE CHARGES BROUGHT AGAINST HIM HAVE NOT TAKEN PLACE AT THIS TIME ;~¥D THE CITY ATTORNEY IS NOT HERE TO PRESENT THE CASE FOR THE Cl I~. CHAIRMAN FIT£MAURICE CALLED FOR A VOTE AND THERE WAS A UNANIMOUS VOTE FOR APPROVAL. MAYOR FLOOD STATED THAT AS A POINT OF ORDER CHAIRMAN FITZMAURICE DID NOT ASK FOR A DISCUSSION AND THE VOTE IS OUT OF ORDER. HE ADDED THAT THE BUILDING OFFICIA~ WISHED TO SPEAK. CHAIRMAN FITZMAURICE REPLIED THAT THE BUILDING OFFICIAL HAD NOT BEEN SWORN IN AND THEREFORE NO EVIDENCE HAS BEEN PRESENTED PER SE. MAYOR FLOOD STRESSED THAT A DISCUSSION MUST STILL BE CALLED FOR AND WE MAY NOT BE TAKING TESTIMONY BUT SOME DISCUSSION MIGHT CLARIFY WHETHER THE CITY WILL PURSUE. CHAIRMAN FITZMAURICE STATED THAT IN VIEW OF THE FACT THAT AN ERROR IN PROCEDURE HAS BEEN COMMITTED, THE VOTE ON THE MOTION IS RESCINDED AND THE MOTION IS OPEN FOR DISCUSSION. MR. PALMER STATED THAT HE HAD TALKED TO ATTORNEY KILBRIDE WHO HAD ADVISED THAT THE CASE BE DROPPED AS IT WAS A MINOR THING. HE ADDED THAT HE WOULD LIKE TO ASK SOME QUESTIONS. CHAIRMAN FITZMAURICE REMARKED THAT HE FELT THE SUB POENA WAS STILL APPLICABLE BECAUSE ONLY ONE PART OF THE VIOLATION HAD BEEN CORRECTED, BUT WITHOUT THE CITY ATTORNEY TO PRESENT THE EVIDENCE WE CAN'T EVEN HERE THE CASE. HE WOULD LIKE TO SEE IT CONTINUED TO ANOTHER MEETING. MR. PALMER ASKED WHAT THE FUNCTION OF THE BOARD WAS AND CHAIRMAN FITZMAURICE EXPLAINED IT IS TO ADJUDICATE ANY VIOLATIONS CITED BY THE BUILDING DEPARTMENT AS NOT HAVING BEEN RESOLVED. MR. PALMER WANTED TO KNOW IF THE MATTER IS RESOLVED BEFORE ANOTHER HEARING IS HELD, COULD ATTORNEY KILBRIDE JUST WRITE A LETTER AND NOT APPEAR? ATTORNEY GORE STATED THAT IF A LETTER IS RECEIVED FROM ATTORNEY KILBRIDE STATING THAT THE CITY IS DISMISSING THE CASE, THEN ACTION CAN BE TAKEN AT THE NEXT MEETING. CHAIRMAN FITZMAURICE STATED THAT WE HAVE ON THE FLOOR A MOTION TO CONTINUE THE CASE OF MR. BILLY ADAMS TO ANOTHER DATE AND ASKED WHAT DATE SHOULD BE SET. IT WAS AGREED THAT HEARING SHOULD BE CONTINUED AT THE NEXT REGULAR MEETING. MOTION UNANIMOUSLY CARRIED. SINCE THIS MATTER HAS BEEN CARRIED OVER TO THE NEXT MEETING, IT WAS AGREED THAT THERE WAS NO REASON AGAINST HEARING FROM MR. ADAMS. MR. ADAMS ASKED IF THE BOARD CHECKS EVERY PERSON WHO HAS A LICENSE WITH THE CITY EVERY YEAR? CHAIRMAN FITZMAURICE INFORMED H~M THAT THIS IS NOT WITHIN THE PROVINCE OF THE BOARD. THE BOARD ONLY HANDLES VIOLATIONS THAT ARE BROUGHT TO ITS ATTENTION. MR. ADAMS ASKED IF THE BOARD PURSUED PEOPLE WHO ARE DOING BUSINESS OUT OF THEIR HOMES? IT WAS EXPLAINED THAT THE BOARD ACTS ONLY ON CASES SUBMITTED BY THE CITY. THE BOARD DOES NOT SEARCH THINGS~ OUT. MR. ADAMS WAS REQUESTED TO APPEAR AT THE NEXT MEETING ON FEBRUARY 9. IT WAS SUGGESTED BY MR. WITHERBY THAT WHENEVER A SUB POENA IS ISSUED BY THE BOARD SECRETARY COPIES SHOULD BE SENT TO THE BOARD MEMBERS BEFORE THE HEARING AND IT WAS AGREED THAT THIS WOULD BE FUTURE PROCEDURE. THERE FOLLOWED A GENERAL DISCUSSION AND QUESTION AND ANSWER PERIOD BETWEEN THE BOARD, MR. PALMER AND JOHN MELTON, POLICE CHIEF, AS TO THE WORKINGS OF THE BOARD. CHIEF MELTON STATED HE WOULD WORK WITH THE BOARD AND HELP IN ANY WAY, INCLUDING THE TAKING OF PHOTGRAPHS, IF NECESSARY. ~HE QUESTION OF WHO HAS JURISDICTION OVER ANY PROBLEMS CONCERNING JUNK, TRASH, ETC. WAS DISCUSSED AND CHIEF MELTON SUGGESTED THAT THE ATTORNEY GENERAL BE ASKED FOR A CLARIFICATION. MOTION BY MR. WITHERBY, SECONDED BY MR. TARBELL, TO AUTHORIZE ATTORNEY GORE TO WRITE TO THE ATTORNEY GENERAL ASKING FOR A CLARIFICATION ON JUNK, TRASH, ETC. CArRiED. - £ - MR. McCLEARY THANKED MR, PALMER AND CHIEF MELTON FOR THEIR ATTENDANCE AND ADDED THAT IT WOULD BE NICE TO HAVE OTHER DEPARTMENT HEADS ATTEND A MEETING OCCASIONALLY. CHAIRMAN FITZMAURICE STATED HE WOULD ASK THE CITY ENGINEER AND THE SUPERVISOR OF PUBLIC WORKS TO COME. ATTORNEY GORE ASKED IF THE BILLY ADAMS CASE IS RECTIFIED BEFORE THE NEXT MEETING WOULD THE BOARD GIVE HIM AUTHORITY TO WRITE ATTORNEY KILBRIDE A LETTER STATING THAT HE NEED NOT SHOW UP AT THE MEETING? MR. WITHERBY WAS OF THE OPINION THAT THIS COULD NOT BE DONE BECAUSE SOMETHING HAS TO BE DONE WITH THE SUB POENA. MR. PALMER STATED HE WOULD CONTACT ATTORNEY KILBRIDE RELATIVE TO ATTENDING THE NEXT MEETING OR WRITING A LETTER. MEETING ADJOURNED AT 3:15 P.M. - 3 -