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HomeMy WebLinkAbout04211982MINUTES OF MEETING OF CODE ENFORCEMENT BOARD - APRIL 21, 1982 MEETING WAS CALLED TO ORDER BY CHAIRMAN ROBERT FITZMAURICB AT 2:00 P.M. PRESENT: ROBERT FITZMAURICE, CHAIRMAN, EARL WITHERBY, VICE CHAIRMAN, GEORGE LA PORTE, MARTIN LEWIS, GEORGE McCLEARY, EUGENE POPOW, RENE VAN DE VOORDE, BOARD ATTORNEY, DANIEL KILBRIDE, CITY ATTORNEY, ARTHUR MAYER, BUILDING OFFICIAL. MOTION BY MR. McCLEARY, SECONDED BYMR. LEWIS, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 31, 1982. CARRIED. VIOLATION HEARINGS: CASE NO. 82-1 - ROBERT BRICE (NOT PRESENT), LOT 13, BLOCK 623, UNIT 9, SEBASTIAN HIGHLANDS, 929 LAREDO LANE - OPERATING A BUSINESS IN A R-1 DISTRICT. ATTORNEY VAN DE VOORDE READ ITEM 8, SECTION VI, ORDINANCE NO. 202, PERTAINING TO HOME OCCUPATIONS. MR. MAYER EXPLAINED THAT MR. BRICE WAS CONDUCTING A LANDSCAPING BUSINESS, AND HAD ABOUT 200 PLANTS, TREES, AND SHRUBS IN 5 GALLON CONTAINERS ON THE PROPERTY, PLUS PLATS OF FERTILIZERS AND ABOUT 200 EMPTY POTS. UPON RECEIV- ING NOTICE OF VIOLATION, MRS. BRICE CONTACTED MR. M~YER AND ASKED IF THEY HAD TO BE PRESENT AT THE HEARING IF THEY COMPLIED WITH THE ORDER. MR. MAYER ADVISED THAT THEY COULD WAIVE THE HEARING AND THE BRICES HAVE NOW COMPLIED. EVERYTHING IS CLEANED UP. MOTION BY MR. McCLEARY, SECONDED BY MR. WHITAKER, THAT CASE NO. 82-1 IN THE MATTER OF ROBERT BRICE, CHARGED WITH VIOLATION OF SEBASTIAN CITY CODE OF ORDI- NANCE NO. 202, SECTION VI, ITEM 8, OPERATING A BUSINESS IN A R-1 DISTRICT AT 929 LAREDO LANE, LOT 13, BLOCK 623, UNIT 9, SEBASTIAN HIGHLANDS, BE DISMISSED. CARRIED. CASE NO. 82-2 - MRS. ROBERT RINK (MR. RINK PRESENT/, LOT 14, BLOCK 334, UNIT 13, SEBASTIAN HIGHLANDS, 1649 QUAKER LANE - UNLAWFUL OBSTRUCTION OF THE NATURAL FLOW OF DRAINAGE BY FILLING THE DRAINAGE SWALES. ATTORNEY KILBRIDE ANNOUNCED THAT MR. RINK WISHED TO MAKE A STATEMENT. MR. MAYER WAS SWORN IN BY ATTORNEY VAN DE VOORDE SO THAT HE COULD TESTIFY AS TO THE FACTS. MR. MAYER EXPLAINED THAT THE VIOLATOR IS CHARGED WITH THE UNLAWFUL OBSTRUCTION OF THE NATURAL FLOW OF DRAINAGE BY FILLING THE DRAINAGE SWALE WHICH IS ON CITY PROPERTY. ATTORNEY VAN DE VOORDE READ ITEM 1 OF ORDINANCE NO. 0-78-3 PERTAINING TO THIS MATTER. M~. MAYER STATED THAT MR. RINK IS THE 3RD OR 4TH HOUSE ON THE BLOCK. THE HIGH POINT FOR THE DRAINAGE OF WATER IS AT THE CORNER. THERE IS A CULVERT UNDER THE DRIVEWAY. MR. RINK FILLRD HIS LAWN IN STRAIGHT OUT TO THE EDGE OF THE ROAD. MR. MAYER CONTENDED THATMR. RINK SHOULD HAVE COME TO THE CITY WITH HIS PROBLEM AND NOT TAKEN IT UPON HIMSELF. SINCE MR. RINK RECEIVED THE NOTICE OF VIOLATION, HE HAS TALKED TO MR. MAYER SEVERAL TIMES. MR. MAYER CHECKED'THIS MORNING AND FOUND THAT MR. RINK HAS DUG A DITCH STRAIGHT THROUGH, APPROXIMATELY 14" DEEP, BUT THE SIDES ARE STRAIGHT. MR. MAYER ASKED HIM IF HE WOULD TAPER THE SIDES; OTHERWISE, THE FLOW OF WATER WILL ERODE IT. THIS HAS NOT YET BEEN DONE AND MR. RINK ADVISED MR. MAYER THAT HE HAD ANOTHE~'IDEA~'IN MIND, BUTMR. MAYER FELT HE SHOULD CLEAR UP THIS MATTER FIRST BEFORE HE T~IED TO IMPI~EMENT HIS IDEA. MR. MAYER ADDED THAT HE WOULD BE SATISIFIED IF THE SIDES WERE TAPERED. MR. RINK WAS SWORN IN BY ATTORNEY VAN DE VOORDE TO GIVE BIS TESTIMONY. MR. RINK STATED THAT WATER DID LAY IN THE DITCH AND ALSO NORTH AND SOUTH OF HIS PROPERTY. HE FILLED IN THE DITCH BECAUSE OF A MOSQUITO PROBLEM AND THIS PROBLEM THEN DIS- APPEARED. BEFORE HE FILLED IN THE DITCH, THE WATER NEVER TRAVELED SOUTH; IT JUST LAID THERE ON THE CORNER THREE LOTS NORTH OF HIM AND ALSO THE WATER NEVER DRAINED FROM THE LOT SOUTH OF HIM. MR. RINK ADMITTED THAT HE WAS WRONG TO FILL IN THE DITCH. HE ASKED IF IT WOULD BE POSSIBLE TO PLACE A 12" PIPE ~AT HIS OWN EXPENSE) TO GO THE WHOLE WIDTH OF HIS PROPERTY WITH SOD OVER IT $0 THE WATER COULD RUN FREE. HE FELT THE PEOPLE NORTH OF HIM SHOULD BE REQUIRED TO TAKE CARE OF THEIR PROPERTY, TOO. ATTORNEY VAN DE VOORDE STATED THAT HE WAS NOT SURE IF THE BOARD HAD THE AUTHORITY TO APPROVE OR DISAPPROVE THIS KIND OF ACTION. PROBABLY IT SHOULD BE TAKEN UP WITH THE CITY ENGINEER, THE BUILDING OFFICIAL, OR THE CITY COUNCIL. MR. MAYER ADDED THAT HE DID NOT THINK MR. RINK WAS AWARE OF THE PRO- BABLE COST OF INSTALLING PIPE, WHICH COULD BE MORE THAN HE WANTS TO SPEND AND TIME CONSUMING TO ACCOMPLISH, AND RECOMMENDED THAT HE SHOULD FIRST COMPLY WITH THE REQUEST TO TAPER THE SIDES OF THE DITCH. MOTION BY MR. WITHERBY, SECONDED BY MR. LA PORTE, FINDING IN FACT THAT A VIOLA- TION HAS OCCURRED IN CASE NO. 82-2, THE MATTER OF ROBERT RINK, VIOLATION OF SEBASTIAN CITY ORDINANCE NO. 0-78-3, ITEM 1, UNLAWFUL OBSTRUCTION OF THE NATURAL FLOW OF DRAINAGE BY FILLING THE DRAINAGE SWALES LOCATED AT 1649 QUAKER LANE, LOT 14, BLOCK 334, UNIT 13, SEBASTIAN HIGHLANDS, THAT AN ORDER OF ENFORCEMENT IS WARRANTED, AND THAT IF THE SIDES OF THE DRAINAGE DITCH ARE NOT TAPERED TO THE ~ATISFACTION OF MR. MAYER WITHIN 5 DAYS, A FINE OF $25.00 PER DAY WILL BE IMPOSED. THERE FOLLOWED A DISCUSSION AS TO WHETHER 5 DAYS WOULD BE SUFFICIENT TIME. MR. MAYER ADVISED THAT THE JOB WOULD ENTAIL ABOUT 5 HOURS' WORK. SINCE THE 5 DAYS WOULD INCLUDE SATURDAY AND SUNDAY, IT WAS AGREED THAT THE MOTION SHOULD BE AMENDED TO STATE 5 WORKING DAYS, WHICH WOULD BRING THE TIME ALLOTED UP TO CLOSE OF BUSINESS ON APRIL 28. MOTION BY MR. WITHERBY, SECONDED BY FIR. LA PORTE, TO AMEND THE PREVIOUS MOTION TO READ: "5 WORKING DAYS" INSTEAD OF "5 DAYS". CARRIED. ORIGINAL MOTION CARRIED. ~TTORNEY VAN DE VOORDE ADVISED THAT THE CITY COUNCIL AT THEIR MEETING ONAPRIL 12 APPROVED THE RULES OF THE CODE ENFORCEMENT BOARD AS DRAFTED WITH ONE EXCEPTION. IT WAS RECOMMENDED THAT ON PAGE 7 UNDER ORDINANCE SECTION, THE SPECIFIC ORDINANCE NUMBERS SHOULD BE LISTED WITH THE SPECIFIC SECTIONS APPLICABLE THERETO. ALSO, ANOTHER VIOLATION TO BE ADDED: "PARKING AND STORAGE OF MOTOR VEHICLES OR TRAILERS ON SIDEWALKS". MOTION BY MR. WITHERBY, SECONDED BY MR. LEWIS, TO ACCEPT THE RECOMMENDATIONS OF THE CITY COUNCIL. CARRIED. ATTORNEY VAN DE VOORDE BROUGHT TO THE ATTENTION OF THE BOARD THAT ON PAGE 1, RULE 3, SECTION B, IT STATES: "AT THE FIRST REGULAR MEETING OF THE BOARD HELD IN THE MONTH OF MARCH OF EACH YEAR--". AT THE LAST MEETING OF THE BOARD THE ELECTION WAS UNTIL OCTOBER. ATTORNEYS VAN DE VOORDEAND KILBRIDE AGREED BEFORE THE COUNCIL MEETING THAT THE RULE SHOULD BE CHANGED FROM "OCTOBER" TO "MARCH" AND THIS IS WHAT THE COUNCIL APPROVED. THE REASON FOR THE CHANGE IS THAT THE ORDINANCE CREATING THE BOARD WAS APPROVED IN OCTOBER, BUT THE BOARD DID NOT ACTUALLY COME INTO EXISTENCE UNTIL MARCEAND'~ WAS"FELT THEAPPOINT~fENTS OF THE BOARD SHOULD BE FOR A WHOLE YEAR. MOTION BY HR. LEWIS, SECONDED BYMR. LA PORTE, THAT THE TERMS OF THE CURRENT CHAIRMAN AND VICE CHAIRMAN BE EXTENDED UNTIL MARCH AND THAT RULE 3, SECTION B, OF THE RULES BE AMENDED TO READ "MARCH" INSTEAD OF "OCTOBER". CARRIED. MOTION BY FIR. LEWIS, SECONDED BY FIR. McCLEARY, TO ADJOURN AT 3:00 P.M. 2