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Home My WebLink About12152004 CEBHOME OF PELICAN ISLAND 1225 Main Street, Sebastian, FL 32958 (772) 589-5330 · Fax (772) 589-5570 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEET1NG DECEMBER 15, 2004 Chairman Van Buskirk called the meeting to order at 2:00 p.m. with a pledge to the flag. ROLL CALL: Present: Chairman Ronald Van Buskirk Mr. Leon Griffin Ms. Eva Schofield Mr. Charles Ed Dodd Mr, Hank Buchanan Mr. Howard Brauer Absent: Mr. Kenneth Cosco Mr. Carl Anderson Excused: Mr. Fred Clement Also Present: Code Enforcement Officers: Antoine Van Meir Warren Lindquist City Attorney: Rich Stringer Code Enfomement Board Secretary Shirley Lynch Alternates Hank Buchanan & Howard Brauer will be voting on motions for Kenneth Cosco & Carl Anderson 4. APPROVAL OF MINUTES: Regular Meeting 11/17/04 The minutes were approved as written by a voice vote 6-0 5. NOTICED HEARINGS: VIOLATION HEARING- CASE #2004-26920 MS. ANNE HARRIS- 950 CARNATION DRIVE · SECTION 66-3.(11) CODE OF ORDINANCES · SECTION 66-.(1)(5)(6) CODE OF ORDINANCES 66-3.(11)- Growth of Weeds: It shall constitute a violation of this provision to allow growth of weeds, grass, undergrowth or other vegetation upon improved real property, to a height often inches, or more. 66-1.( 1)(5)(6)-This nuisance, hazardous trees, (1) Injures or endangers the comfort, repose, health, and safety of others: (5) Renders other persons insecure in life or the use of property; Code Enforcement Meeting December 15, 2004 Page 2 of 4 (6) Essentially interferes with conffortable enjoyment of life and property, or tends to depreciate the value of the property or others. The trees must be removed to prevent injury to people or damage Chairman VanBuskirk swore in Code Enforcement Officer Antoine VanMeir who stated his credentials and presented the City's case to the Board. Photos shown were taken on December 14, 2004. Officer VanMeir asked that she be found in violation of both ordinances with a fine of fifty-dollars ($50.00) t be paid within ten (10) days from today's date and to remedy the situation within the same ten (10) days. Ms. Anne Harris was sworn in by Chairman VanBuskirk. She stated her case. She showed the Board an invoice for a circular saw that she hasn't received yet and stated the grass was cut but the weeds needed a weed wacker which she doesn't like to operate. After a discussion MOTION on case #2004-26920 made by Eva Schofield, for Case #2004- 26920- finding Ms. Anne Harris in violation, giving her seven (7) days from December 15, 2004, to remove the grass and weeds. If not in compliance by December 22, 2004, a fine of fifty-dollars ($50.00) a day will be imposed until she is found in compliance. Motion seconded by Howard Brauer. ROLL CALL VOTE: Chairman Van Buskirk Aye Leon Griffin Aye Eva Schofield Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION carded 6-0 VIOLATION HEARlNG- CASE #2004-32816 MR. & MRS. ANTONIO C. DE PA1VA- 1597 RIDGELY LANE · SECTION 66-3.(11) CODE OF ORDINANCES · SECTION 66-.(1)(5)(6) CODE OF ORDINANCES It shall constitute a violation of this ordinance to allow: 66-3.(11)- Growth of Weeds: It shall constitute a violation of this provision to allow growth of weeds, grass, undergrowth or other vegetation upon improved real property, to a height often inches, or more. 66-3.(12) inoperative, jurdq or abandoned vehicles and vessels on the exterior portions of residential property. Officer VanMeir presented the City's case. Photos shown were taken on December 14, 2004. He stated Mr. DePaiva was before the board last year for an unlicensed vehicle which was moved in to compliance by placing it behind the front line of the building. This is the same vehicle. He asked Mr. DePavia be found in violation on both ordinances with a fine of fifty- dollar ($50.00) for each offense (Total $100.00) to be paid within ten (10) days from todays date and to remedy the situation within the same ten (10) days. Mr. DePaiva was sworn in by Chairman VanBuskirk and asked for leniency for health reasons. After a discussion MOTION made by Ed Dodd, for Case #2004-32816- finding Mr. Antonio DePaiva in violation of66-3(11) with a fine of fifty-dollars ($50.00), giving him seven (7) days from December 15, 2004, to remove the grass and weeds. Code Enforcement Meeting December 15, 2004 Page 3 of 4 And finding Mr. Antonio DePavia in violation of ordinance 66-3(12) with a fine of two-hundred dollars ($200.00) to be waived if in compliance within ten (10) days from December 15, 2004. Motion seconded by Leon Griffin After a further discussion with City Attorney Rich Stringer on repeat offenders, the MOTION was witMrawn. A new MOTION on case #2004-32816 was made by Ed Dodd, finding Mr. Antonio DePavia in violation of ordinance 66-3(11) giving him until Friday, December 17, 2004, to come into compliance or a fifty dollar ($50.00) fine will be imposed, and finding Mr. Antonio DePavia in violation of ordinance 66-3.(12) giving him until December 25, 2004 to come into compliance. if not in compliance by that time, a two-hundred dollar ($200.00) fine will be imposed. Motion seconded by Leon Griffin. ROLL CALL VOTE: Chairman Van Buskirk Aye Leon Griffin Aye Eva Schofield Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 6-0 C. VIOLATION HEARING - CASE #2004-32817 MS. RUTH HATFIELD- 1510 RIDGELY LANE ·SECTION 66-3.(11) CODE OF ORDINANCES It shall constitute a violation of this ordinance to allow: 66-3.(11)- Growth of Weeds: It shall constitute a violation of this provision to allow growth of weeds, grass, undergrowth or other vegetation upon improved real property, to a height often inches, or more. Officer VanMeir presented the City's case and showed photos taken December 14, 2004. There were twenty-five (25) code calls on this property dating back to June of 2003. Ms. Hatfield was not in attendance. After a discussion MOTION on case #2004-32817-made by Chairman VanBuskirk finding Ms. Ruth Hatfield in violation of the ordinance 66-3.(11) with no fine, but referring it to Code Enforcement and the City's Nuisance Abatement Program, further; if this problem happens again they will be considered a repeat offender-motion seconded by Edward Dodd ROLL CALL VOTE: Chairman Van Buskirk Aye Leon Griffin Aye Eva Schofield Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 6-0 Code Enforcement Meeting December 15, 2004 Page 4 of 4 6. CHAIRMAN'S MATTERS- Chairman VanBuskirk reported on the December 8, 2004 City Council meeting where the Code Enforcement Board Annual Report was presented and concerns of the Board were discussed. He stated that he did not bring up the request for the ordinance change for vacant land because the Board was not in total agreement on this issue. He also informed the Board that he has filed papers with the City Clerk to fill the unexpired term of Mike Hepinstall, who stepped down as councilman. If installed, Chairman VanBuskirk will have to resign his position on the Code Enforcement Board and the Board will have to elect a new chairman at their January elections. 7. MEMBER'S MATTERS: Hank Buchanan asked if the City allowed xeroscaping. Officer VanMeir stated that this is taken care of in the Land Development Code and provisions for xeroscaping is on the site plan. Ed Dodd asked iftbe agenda could reflect if the case is a repeat offender. Officer VanMeir replied that a repeat offender would be so noted in the agenda. Mr. Stringer explained that a repeat violator doesn't need reasonable amount of time to fix the problem, a fine could begin as soon as possible. 8. CODE ENFORCEMENT OFFICER'S MATTERS: Officer VanMeir wished all Happy Holidays and thanked everyone o the board for volunteering their services to the City. 9. CITY ATTORNEY'S MATTERS: Mr. Stringer commented on how well the Board is doing with fines and days to comply. With regards to the alarm appeals question, that renewals may not have their fine waived if they have been provided with a notice. He also mentioned that in 2005, the entire alarm system would be looked into and improved. He also mentioned that he would work with the Code Enforcement Officers on how to better the system 10. PUBLIC INPUT: None Being no further business to come before the Board, Chairman Van Buskirk adjourned the meeting at 3:45 P.M. Approved at the j~z~a~//% d&9.6~ Code Enforcement Board meeting. ~V~uskirk Shirley 3~I~c~ Secretary