HomeMy WebLinkAbout07141982MINUTES OF CODE ENFORCEMENT BOARD - JULY 14, 1982
MEETING WAS CALLED TO ORDER BY CHAIRMAN ROBERT FITZMAURICE AT 2:00 P.M.
PRESENT: ROBERT FITZMAURICE, CHAIRMAN, EARL WITHERBY, VICE CHAIRMAN, MARTIN
LEWIS, GEORGE McCLEARY, GREGORY GORE, BOARD ATTORNEY.
ABSENT: GEORGE LA PORTE, EUGENE POPOW (OUT OF TOWN).
MOTION BY MR. McCLEARY, SECONDED BY MR. LEWIS, TO APPROVE THE MINUTES OF THE
MEETING OF JUNE 9, 1982. CARRIED.
AT THE REQUEST OF CHAIRMAN FITZMAURICE, THE FOLLOWING INDIVIDUALS WERE ALSO
PRESENT AT THE MEETING: MAYOR PAT FLOOD, JR., POLICE CHIEF JA~ES CUMMINS,
BUILDING OFFICIAL ARTHUR MAYER, PUBLIC WORKS SUPERVISOR ROBERT DOHERTY.
CHAIRMAN FITZMAURICE REQUESTED THEIR INPUT WITH REFERENCE TO RULES ANDREGU-
LATIONS AND ORi)INANCES TO CLEAR UP SOME OF THE VIOLATIONS.
MR. WITHERBY REMmtRKED THAT THERE ARE A LOT OF THINGS THAT POSSIBLY SHOULD NOT
BE GOING ON AND HE WONDERED IF THE OTHER DEPARTMENT HEADS, BESIDES MR. MAYER,
WERE AWARE THAT THEY CAN BRING MATTERS BEFORE THE BOARD. HE ADDED THAT IT WAS
HIS UNDERSTANDING THAT SOME OF THE ORDINANCES ARE IN A GRAY AREA AND MAYBE
ATTORNEY GORE CAN HELP WITH THAT. MAYOR FLOOD STATED THAT HE WOULD LIKE TO
KNOW WHAT SOME OF THESE ORDINANCES ARE. HE HAD HEARD, FOR INSTANCE, THAT ONE
CASE REVOLVED AROUND WHETHER OR NOT AN OLD CAR WAS MOBILE AND FELT THAT SINCE
THERE WAS NOT MUCH VALUE ATTACHED TO IT, THE OWNER WOULD NOT APPEAL TO A COURT.
THIS WAS JUST SOMETHING WHICH SHOULD BE BROUGHT TO THE ATTENTION AND FOLLOW THE
REGULAR PROCEDURE. HE AGREED THAT THERE PROBABLY ARE SOME ORDINANCES WHICH NEED
REVISION, BUT SUGGESTED THAT A GENERAL SWEEPSHOULDBEMADE NOW OF VIOLATIONS
THAT ARE APPARENT AND THE COUNCIL WOULD DEFEND IT, IF NEED BE.
CHAIRMAN FITZMAURICE POINTED OUT THAT IN GOING OVER THE ORDINANCE THAT CREATED
THE CODE ENFORCEMENT BOARD, IT SAYS WE HAVE JURISDICTION, BUT IT GIVES US
DEFINITE JURISDICTION OVER PARTICULAR CODES SUCH AS FLOOR ELEVATION, BUILDING CODE=
HOWEVER, WHEN YOU GO INTO THE CODE ITSELF THERE IS CHAPTER 16 - NUISANCES,
WHICH IS SORT OF A CATCH-ALL. THIS COULD COVER A MULTITUDE OF SINS, YET IN
THE JURISDICTION IT DOESN'T SAY WE HAVE THE APPLICABLE AUTHORITY TO HEAR A CASE.
MAYOR FLOOD THOUGHT THAT PERHAPS THE ZONING CODE SPELLED OUT A LOT OF WHAT IS
IN CHAPTER 16, BUT WE CAN ALWAYS AMEND THE ORDINANCE TO INCLUDE WHATEVER IS
NEEDED.
CHAIRMAN FITZMAURICE WANTED TO KNOW WHO WAS RESPONSIBLE FOR REPORTING VIOLATIONS
OF THE FIRE CODE, FOR INSTANCE, AND MAYOR FLOOD ADVISED THAT ANYBODY HAS THE
RIGHT. NOWHERE IS IT SPELLED OUT THAT THE CHIEF OF POLICE COULD DO THIS OR THE
BUILDING OFFICIAL COULD DO THAT. CHIEF CUMMINS REMARKED THA,~/~ORDING TO THE
CITY CHARTER HE IS EMPOWERED TO ENFORCE ALL ORDINANCES ~OWFF~R WHAT IT IS.
MAYOR FLOOD ADDED THATMR. MAYER AND MR. CUMMINS HAVE BEfN DULY APPOINTED CODE
ENFORCEMENT OFFICERS FOR THE CODE ENFORCEMENT BOARD. CHIEF CUMMINS MENTIONED
THAT CHAPTER 12 - GARBAGE, REFUSE, JUNK - WAS NOT INCLUDED AND MAYOR FLOOD SAID
HE WOULD ASK ATTORNEY KILBRIDE ABOUT BOTH CHAPTER 12 AND CHAPTER 16.
MOTION BY MR. WITHERBY, SECONDED BY MR. McCLEARY, THAT OUR ATTORNEY CONTACT
THE APPROPRIATE CITY OFFICIALS TO SEE ABOUT GETTING CHAPTERS 12 AND 16 OF OUR
CODE OF ORDINANCES INCORPORATED INTO OUR AREA OF JURISDICTION. CARRIED.
THERE FOLLOWED A GENERAL DISCUSSION ON VARIOUS ORDINANCES AND HOW SOME ARE IN
CONFLICT WITH OTHERS. FOR INSTANCE, IN THE ZONING ORDINANCE THERE IS JUST A
DEFINITION OF WHAT IS CONSIDERED A JUNK VEHICLE AND CHIEF CUMMINS SUGGESTED
THAT PERHAPS THIS SHOULD BE BROADENED TO SAY: "JUNK VEHICLES MAY MOT BE KEPT
IN ANY RESIDENTIAL DISTRICT". MAYOR FLOOD REMARKED THAT THE ZONING ORDINANCE
IS IN THE PROCESS OF REVISION AND A NOTE SHOULD BE MADE OF THIS SUGGESTION.
MEETING ADOURNED AT 2:55 P.M.