HomeMy WebLinkAbout02261982MINUTES OF MEETING OF CODE ENFORCEMENT BOARD - FEBRUARY 26, 1982
MEETING WAS CALLED TO ORDER BY TEMPORARY CHAIRMAN ROBERT FITZMAURICE AT 3:00 P.M.
PRESENT: ROBERT FITZMAURICE, TEMPORARY CHAIRMAN, GEORGE LA PORTE, MARTIN LEWIS,
GEORGE McCLEARY, EUGENE POPOW, EARL WITHERBY, ARTHUR MAYER, BUILDING OFFICIAL,
DANIEL M. KILBRIDE, JR., CITY ATTORNEY.
ATTORNEY KILBRIDE PRESENTED TO THE BOARD COPIES OF RULES OF PROCEDURE WITH FORMS
EXPLAINING THAT THIS BOARD FOR ALL PRACTICAL PURPOSES IS A COURT OF LAW AND MUST
FOLLOW A FORMAL PROCEDURE INCLUDING ANAGENDA.
ATTORNEY KILBRIDE WENT ON TO EXPLAIN THAT THE ORDINANCE ESTABLISHING THE BOARD
CALLS FOR ~WO ATTORNEYS - A CODE ENFORCEMENT BOARD ATTORNEY AND THE CITY ATTORNEY.
IN DRAFTING THE ORDINANCE ATTORNEY KILBRIDE THOUGHT IT WOULD BE IN THE BEST IN-
TEREST OF THE CITY FOR HIM AS THE CITY ATTORNEY TO ACT'S THE PROSECUTOR. FOR
THIS REASON, HE CANNOT ALSO BE LEGAL ADVISOR TO THE BOARD. THE BOARD WILL NEED
A LEGAL ADVISOR WITH REGARD TO ENFORCEMENT PROCEDURES, WHAT IS ACCEPTABLE EVIDENCE,
ETC. HOW AN APPOINTMENT OF A BOARD ATTORNEY WILL BE ARRANGED WILL HAVE TO BE
DISCUSSED BY THE CITY COUNCIL.
ON PAGE 7 OF THE RULES SOME FINES ARE STANDARDIZED FOR SPECIFIC VIOLATIONS WHICH
WILL BE ADDED TO AS TIME GOES ON. THE CITY CLERK POINTED OUT THAT AN ORDINANCE
HAD RECENTLY BEEN PASSED ESTABLISHING $100.00 FINE FOR OPERATING A BUSINESS WITH-
OUT AN OCCUPATIONAL LICENSE. THE BOARD RULES SET THE FINE AT $15.00 AND ATTORNEY
KILBRIDE SAID THIS WOULD HAVE TO BE CHANGED TO BE IN ACCORD WITH THE OCCUPATIONAL
LICENSE ORDINANCE. ~
,
WITH REFERENCE TO THE $12.00 FEE CHARGED FOR THE SERVING OF A SUBPOENA, THIS WILL
BE PAID BY THE INDIVIDUAL RECEIVING IT PLUS ANY FINE WHICH IS IMPOSED.
MOTION BY MR. McCLEARY, SECONDED BY MR. WITNERBY, TO CHANGE RULE 5, Section A, TO
READ AS FOLLOWS: "REGULARMEETINGS SHALL BE HELDINCOUNCIL CHAMBERS AT 2:00 P.M.
ON THE 2ND WEDNESDAY OF EACH MONTH--". CARRIE~.
MOTION BY MR. LEWIS, SECONDED BY MR. WITHERBY, TOAMEND RULE 8, SECTION C, BUSINESS
WITHOUT OCCUPATIONAL LICENSE, FROM $15.00 TO $100.00. CARRIED.
IN RESPONSE TO A QUERY AS TO WHO IS THE CODE ENFORCEMENT OFFICER, ATTORNEY KILBRIDE
EXPLAINED THAT ARTHUR MAYER IS RIGHT NOW. IF HE GETS A BUILDING INSPECTOR, HE WOULD
QUALIFY. ALSO, THE CITY ENGINEER WHEN HE COMES'ABOARD, AND A MEMBER OF THE ZONING
AND PLANNING COMMISSION.
DURING A DISCUSSION ON PROCEDURES, IT WAS AGREED THAT IT MAY NOT ALWAYS BE NECESSARY
TO HAVE A FORMAL HEARING, BUT THAT A LETTER FROM THE BOARD MIGHT SUFFICE.
MOTION BY MR. LEWIS, SECONDED BY MR. LA PORTE, TO ADOPT THE RULES OF THE SEBASTIAN
CODE ENFORCEMENT BOARD ASAMENDED. CARRIED.
NEXT MEETING WAS SCHEDULED FOR MARCH i0 AT 2:00 P.M.
MR. McCLEARY SUGGESTED THAT BEFORE A CHAIRMAN AND VICE CHAIRI~ANAREAPPOINTED, THERE
SHOULD BE SEVERAL MEETINGS SO THAT THE MEMBERS CAN BECOME ACQUAINTED WITH EACH OTHER.
MR. WITHERBY SUGGESTED THAT THERE SHOULD ALSO BE A TEMPORAR~ VICE CHAIRMAN.
MOTION BY MR. WITHERBY, SECONDED BY ~4R. POPOW, TO APPOINT MR. FITZMAURICE AS
TEMPORARY CHAIRMAN UNTIL A FURTHER DATE WHEN THE BOARD DECIDES THEY WANT TO APPOINT
A PERMANENT CHAIRMAN AND THAT WE ELECT A TEMPORARY VICE CHAIRMAN. CARRIED.
MOTION BY 14R. McCLE~RY, SECONDED BY MR. LA PORTE, TO APPOINT MR. WITHERBY AS
TEMPORARY VICE CHAIRMAN. CARRIED.
MR. MAYER ASKED ATTORNEY KILBRIDE IF THE BOARD COULD REVIEW THE VARIOUS ORDINANCES
IN CONNECTION WITH UPDATING THEM AND WAS ADVISED THAT THIS BOARD IS AN ENFORCEMENT
AGENCY, NOT AN ADVISORY BOARD. IT WAS SUGGESTED, HOWEVER ~ THAT EACH MEMBER COULD
HAVE AN INPUT AS A PRIVATE INDIVIDUAL.
MEETING ADJOURNED AT 4:05 P.M.
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