HomeMy WebLinkAbout11101982MINUTES OF MEETING OF CODE ENFORCEMENT BOARD - NOVEMBER 10~ 1982
MEETING WAS CALLED TO ORDER BY CHAIRMAN ROBERT FITZMAURICE AT 2:00 P.M.
PRESENT: CHAIRMAN ROBERT FITZMAURICE, VICE CHAIRMAN EARL WITHERBY, MARTIN LEWIS,
GEORGE McCLEARY, GEORGE LA PORTE, BOARD ATTORNEY GREGORY GORE.
ABSENT: EUGENE POPOW.
MOTION BY MR. LEWIS, SECONDED BY MR. McCLEARY, TO APPROVE THE MINUTES OF THE
MEETING OF OCTOBER 13. CARRIED.
MR. McCLEARY SUGGESTED THAT THERE SHOULD BE ON THE AGENDA EACH MONTH AN ITEM,
"GENERAL BOARD DISCUSSION". IT WAS AGREED THAT THIS WAS A GOOD IDEA, BUT MR.
FITZMAURICE REQUESTED THAT IT BE PLACED ON THE AGENDA FOR THE NEXT MEETING FOR
FURTHER DISCUSSION AND DECISION.
ATTORNEY GORE INFORMED THE BOARD THAT MR. LIDDY HAS COMPLIED WITH THE ORDER OF
ENFORCEMENT. HE ADDED THAT MR. FITZMAURICE HAD SUGGESTED THAT A FORM LETTER BE
MADE UP TO SEND OUT WHEN A VIOLATOR HAS COMPLIED. SUCH A LETTER IS BEING PRE-
PARED AND WILL BE PRESENTED TO THE BOARD FOR APPROVAL AT THE NEXT MEETING.
THERE FOLLOWED A DISCUSSION ABOUT HOW TO HANDLE A REPEATED OFFENDER. ATTORNEY
GORE STATED HE WILL CONTACT ATTORNEY KILBRIDE TO SEE IF THERE COULD BE AN AMEND-
MENT TO THE ORDINANCE PROVIDING THAT THE ORDER OF ENFORCEMENT CONTAIN A STATE-
MENT THAT SHOULD THE VIOLATION RECUR WZTRtN~A2EERTAINPPERfDDgOF~TIME AFTER NOTICE
OF COMPLIANCE HAS BEEN SENT, THAT THE FINE WOULD BE REINSTATED.
THE BOARD REQUESTED THAT A LETTER BE SENT TO MR. LIDDY NOW RATHER THAN WAIT UNTIL
NEXT MONTH TO APPROVE THE FORM.
APPLICATION FROM PETER TARBELL TO BECOME 7TH MEMBER OF BOARD WAS DISCUSSED. MR.
FITZMAURICE POINTED OUT THAT THE CITY COUNCIL MAKES THE APPOINTMENTS. THIS NEW
CATEGORY IS "RESIDENT" AND IS FOR A TERM OF 2 YEARS. SINCE THE TERMS OF OFFICE
RUN FROM MARCH TO MARCH, THIS NEW APPOINTMENT WILL BE CONSIDERED AS BEING IN
THE SAME TIME FRAME. THE QUESTION AROSE AS TO WHETHER THE TWO CURRENT 1-YEAR
MEMBERS MIGHT NOT RATHER HAVE THE 2 YEAR TERM. (ONE OF THEM.) EVENTUALLY ~'HEY
WILL ALL BECOME 3 YEAR TERMS. MR. LA PORTE STATED HE WOULD JUST AS SOON BE RE-
APPOINTED SO IT WAS SUGGESTED THAT MR. POPOW BE CONTACTED FOR HIS OPINION.
EVERYONE FELT THAT THE PERSON WITH THE MOST EXPERIENCE SHOULD HAVE THE 2-YEAR
TERM.
MOTION BY MR. WITHERBY, SECONDED BY MR. McCLEARY, THAT ONE OF THE 1-YEAR MEN
BE APPOINTED FOR THE 2-YEAR TERM AND MR. TARBELL FOR THE 1-YEAR TERM.
MR. FITZMAURICE SUGGESTED THAT WE RECOMMEND TO THE COUNCIL THAT IF MR. POPOW
IS WILLING, HE BE APPOINTED TO THE 2-YEAR TERM AND MR. TARBELL TO THE 1-YEAR TERM.
MOTION WITHDRAWN.
IN RESPONSE TO A QUESTION FROM MR. McCLEARY CONCERNING THE JURISDICTION OF THE
BOARD, ATTORNEY GORE READ ATTORNEY KILBRIDE'S LETTER TO HIM: "ENCLOSED PLEASE
FIND COPY OF CHAPTER 82.37, LAWS OF FLORIDA 1982, RELATING TO CODE ENFORCE-
MENT BOARDS. AS YOU CAN SEE, THE LEGISLATURE AMONG OTHER THINGS AMENDED
SEC. 166.052 RELATING TO INTENT. HOWEVER, EVEN WITH THE WORDING CHANGE,THE
JURISDICTION OF THE BOARD IS LIMITED TO ENFORCEMENT OF TECHNICAL CODES ONLY
AND I DO NOT BELIEVE THAT CHAPTERS 12 AND 16 OF THE SEBASTIAN CODE OF ORDI-
NANCES QUALIFY AS A TECHNICAL CODE."
ATTORNEY GORE STATED THAT HE THOUGHT THAT CHAPTER 12 AND 16 WERE GOING TO BE
MADE A PART OF THE NEW ZONING ORDINANCE, IF POSSIBLE, AND WE WOULD THEN HAVE
JURISDICTION. WE HAVE NOT HAD IT SO FAR EVEN THOUGH WE HAVE BEEN ENFORCING IT.
MEETING ADJOURNED AT 2:50 P.M.
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