HomeMy WebLinkAbout08181982MINUTES OF SPECIAL MEETING OF THE CODE ENFORCEMENT BOARD - AUGUST 18, 1982
SPECIAL MEETING WAS CALLED TO ORDER BY CHAIRMAN ROBERT FITZMAURICE AT 2:10 P.M.
PRESENT: CHAIRMAN ROBERT FITZMAURICE, EUGENE POPOW, GEORGE McCLEARY, GEORGE
LA PORTE, BOARD ATTORNEY GREGORY GORE.
ABSENT: EARL WITHERBY, MARTIN LEWIS.
MOTION BY MR. MCCLEARY, SECONDED BY MR. LA PORTE, TO APPROVE MINUTES OF MEETING
OF AUGUST 11, 1982.
ATTORNEY GORE STATED THAT AT THE LASTMEETING WE REVIEWED THE AMENDED ORDINANCE
CREATING THE CODE ENFORCEMENT BOARD. WE STARTED ON PAGE 1 - THAT THE BOARD SHALL
BE COMPOSED OF SEVEN REGULAR MEMBERS R~THER THAN SIX. THERE WAS A QUESTION AS TO
WHETHER THE SEVENTH COULD BE A LAY PERSON. ATTORNEY GORE TALKED TO ATTORNEY
KILBRIDE AND HE AGREED TO INCLUDE ITEM NO. 7 - RESIDENT OF SEBASTIAN. (NO
SPECIFIC QUALIFICATIONS.) WE HAVE BEEN WONDERING ABOUT INCLUDING CHAPTERS 12
A~D 16 IN THE CODE OF ORDINANCES UNDER OUR JURISDICTION AS RELATING TO GARBAGE
AND REFUSE AND NUISANCES.. THE NEW STATUTE RECEIVED FROM ATTORNEY KILBRIDE
STATES THAT IT IS THE INTENT OF THIS ACT TO PROMOTE, PROTECT AND IMPROVE THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE COUNTIES AND MUNICIPALITIES
OF THE STATE, AUTHORIZING CREATION OF ADMINISTRATIVE BOARDS TO PROVIDE EQUITABLE,
EXPEDITIOUS, EFFECTIVE AND INEXPENSIVE METHODS OF ENFORCING TECHNICAL CODES IN
FORCE IN COUNTIES ANDMUNICIPALITIES. THERE IS AN ATTORNEY GENERAL REPORT ISSUED
INDICATING THAT THE AREAS OF GARBAGE AND REFUSE AND NUISANCE ARE NOT TECHNICAL
MATTERS, SUCH AS FIRE CODES, BUILDING CODES, ETC. IF THERE IS A LOT OF REFUSE
OR GARBAGE ON SOMEONE'S PROPERTY, THE CITY COUNCIL IS SUPPOSED TO NOTIFY THEM
TO CLEAN IT UP. IF THEY DON~T, THE CITY WILL SEND SOMEONE TO CLEAN IT UP AND
SEND A NOTICE THAT THEY OWE A CERTAIN AMOUNT OF MONEY FOR THE JOB THAT WAS PER-
FORMED. IF THE MONEY IS NoT PAID, THEN THEY HAVE A LIEN NOTICE FILED. SO - WE
CANNOT PUT THESE TWO CHAPTERS IN, EXCEPT PERHAPS BY A BACKDOOR METHOD UNDER THE
ZONING ORDINANCE.
SECONDLY, ON PAGE 2, IT SAYS THAT EACH MEMBER SHALL BE A RESIDENT OF THE CITY OR
OWN, OPERATE OR BE AN OFFICER OF A BUSINESS WITH A PERMANENT PLACE OF BUSINESS
IN THE CITY. WE DIDN'T DISCUSS THIS, BUT IN REVIEWING THE STATUTE, IT SPECIFICALLY
STATES THAT A MEMBER SHALL BE A RESIDENT OF THE CITY SINCE THE STATUTE AS AMENDED
PROVIDES FOR A COUNTY ENFORCEMENT BOARD AS WELL AS A CITY ENFORCEMENT BOARD.
ATTORNEY GORE SUGGESTED TO ATTORNEY KILBRIDE THAT IT WOULD BE SAFER TO FOLLOW THE
STATUTORY LANGUAGE IN CASE THERE WAS EVER A CHALLENGE AND ATTORNEY KILBRIDE AGREED,
ALTHOUGH HE POINTED OUT THAT THIS POINT HAD NOT BEEN CHALLENGED IN OTHER CITIES IN
TWO YEARS ~
ANOTHER QUESTION CONCERNED THE LANGUAGE STATING TB3~AN' ORDER IMPOSING A FINE MAY
BE RECORDED. MR. WITHERBY HAD STATED THAT PERHAPS "SHALL" SHOULD BE SUBSTITUTED.
ATTORNEY KILERIDE THOUGHT WE SHOULD LEAVE IT AT "MAY", BECAUSE IF SOMEBODY DOESN'T
HAVE REAL PROPERTY~ IT'S USELESS TO RECORD A LIEN. HOWEVER, HE DID AGREE WITH
'ATTORNEY GORE'S PROPOSAL TO ADD AFTER "AN ORDER IMPOSING A FINE" THESE WORDS:
"IN A SPECIFIC AMOUNT". ATTORNEY GORE WILL DRAFT A FINAL ORDER DOCUMENT.
THERE FOLLOWED A BRIEF DISCUSSION REGARDING THE CASE OF A VIOLATOR WHO IS JUST
RENTING PROPERTY. NO LIEN COULD BE PLACED AGAINST THAT PROPERTY, BUT COULD BE
AGAINST OTHER PROPERTY HE OWNS. HOWEVER, THIS IS IN THE PURVIEW OF ATTORNEY
KILERIDE TO DECIDE HOW TO HANDLE.
THE MEMBERS OF THE BOARD THEN WENT OVER EACH POINT BROUGHT UP. ADDING THE
SEVENTH MEMBER - "RESIDENT OF SEBASTIAN" WAS APPROVED. IT WAS DECIDED TO
LEAVE ITEM 5 ON PAGE 2 AS IS.FOR THE TIME BEING. IN SECTION III, PAGE 4,
THE ADDITIONAL LANGUAGE PROPOSED BY ATTORNEY GORE WAS APPROVED.
MOTION BY MR. McCLEARY, SECONDED BY F~. LA PORTE, TO ACCEPT THE AMENDMENTS
TO THE ORDINANCE AS DISCUSSED. CARRIED.
MEETING ADJOURNED AT 2:45 P.M.
- 2-