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HomeMy WebLinkAbout03162005 CEB Cll'iiJ' HOME OF PEUCAN ISLAND 1225 Main Street, Sebastian, FL 32958 (772) 589-5330 . Fax (772) 589-5570 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING MARCH 16, 2005 I. Chairman Dodd called the meeting to order at 2:00 p.m. with a pledge to the flag. 2. ROLL CALL: Present: Chairman Charles Ed Dodd Ronald Van Buskirk Mr. Carl Anderson Ms. Eva Schofield Mr. Hank Buchanan Mr. Howard Brauer Absent: Mr. Fred Clement Mr. Leon Griffin City Attorney Rich Stringer Excused: Also Present: Code Enforcement Officers: Growth Management Manager Growth Management Code Enforcement Board Secretary Antoine Van Meir Warren Lindquist Ian King Dorri Bosworth Shirley Lynch 3. APPROVAL OF MINUTES: Regular Meeting 02/16/05 The minutes were approved as written by a voice vote 6-0 Please note, Alternate Howard Brauer was voting because of the absence of two board members 4. Additions & Deletions- CEO Antoine VanMeir stated Growth Management personnel were here to update the board on Florida Power Sports and Hurricane Harbor 5. NOTICED HEARINGS: A. VIOLATION HEARING- CASE #2004-31408 LOUIS ESPERANDIEU - 108 DUNCAN STREET . SECTiON 66-3.(12) CODE OF ORDINANCES It shall constitute a violation of this ordinance to allow: inoperative, junk or abandoned vehicles and vessels on the exterior portions of residential property Code Enforcement Meeting March 16, 2005 Page 2 of 4 Ms. Esperandieu was not in attendance- Chairman Dodd swore in Officer VanMeir who then testified on the case and showed pictures of the abandoned vehicle. He asked the board to find the owner in violation of the code, to give her 24 hours to remedy the situation or face a fine of $250 per day for every day the property is in violation. He explained that this vehicle was not her vehicle but that she was the only one that could have the vehicle removed from her vacant lot. City of Sebastian Codes does not allow abandoned, junk vehicles on vacant lots. Mr. VanMeir stated that the police cannot go on private property to remove the vehicle; only the owner of the property can have it removed. After a discussion, a MOTION was made by Carl Anderson, reference CASE #2004-31408, to find the respondent in violation of 66-3.(12) giving her 24 hours from the receipt of the notice to remove the vehicle and then issue a $250 fine per day until the vehicle is removed, second by Eva Schofield. ROLL CALL VOTE: Chairman Ed Dodd Yes Eva Schofield Yes Ronald VanBuskirk Yes Carl Anderson Yes Hank Buchanan Yes Howard Brauer Yes Motion carried 6-0 D. VIOLATION HEARING - CASE #2004-24810- MR. & MRS. JOHNNY D. DIAZ- 108 DUBAN STREET . SECTION 66-3.(1) CODE OF ORDINANCES . SECTION 66-3.(2) CODE OF ORDINANCES The following items, conditions, or actions, is hereby declared to be and constitute a nuisauce: (1) Accumulations of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter, fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris or other refuse of any nature; (2) Any condition which provides harborage for rats, mice, snakes, and other vermin Mr. & Mrs. Diaz were not in attendance- Officer VanMeir testified on the case, that debris has been there since he started as Code Enforcement Officer and that the property remains in violation as of this date. He suggested the board find the respondent in violation and to abate the nuisance at the City's expense and place a lien on the property for the amount of the work with an additional fine of$250, or to give 24 hours to comply with the ordinance violation notice and then assess a fine of $250 per day this property is in violation of the City's ordinance. He reported the realtor has had the lawn cut 5 or 6 times in the past two years. After a question from the board, Officer VanMeir stated he would probably post the property for 14 days since it is not an emergency and then hire a private vendor to clean it up. After a discussion, MOTION made by Ed Dodd reference Case #2004-24810 finding the respondents in violation of 66-3(1) and (2), and to hereby notify them that the City will abate the non-compliance problem if they haven't corrected it within 24 hours of receiving notification, they will then be billed for the abatement costs plus the administrative fees, second Carl Anderson. Code Enforcement Meeting March 16, 2005 Page 3 of 4 ROLL CALL VOTE: Chairman Dodd Yes Eva Schofield Yes Ronald VanBuskirk Yes Carl Anderson Yes Hank Buchanan Yes Howard Brauer Yes Motion carried 6-0 6. CHAIRMAN'S MATTERS- Chairman Dodd discussed the different code enforcement boards around the state of Florida, stating that some boards give the respondents until the next board meeting to abate the problem, if they haven't remedied the situation, they are placed on the agenda of the next code board meeting and, if not in compliance, fines will be levied against the owners. 7. MEMBERS MATTERS- There were no member matters 8. CODE ENFORCEMENT OFFICERS MATTERS- Officer VanMeir introduced lan King and Dorri Bosworth ofthe Growth Management Office. Both are here to address the Florida Power Sports and Hurricane Harbor issues. Chairman Dodd asked to start with Hurricane Harbor. lan King discussed the improvements to parking lot and the restaurant itself The restaurant didn't have enough parking for restaurant. They then added a deck to the riverside of the property and some additional seating in the restaurant, which required more parking. Because they needed more parking spaces then they had, they entered into an agreement with the city whereby they would only use the deck when the front dining room was not being used and wouldn't use the deck when the front dining room was being used. It was an either or situation. They then came back to the City and asked to use both places at the same time plus the tour boat that left from their dock. They received site plan approval to make improvements to their parking lot. It was stated to the board that there are special requirements specific to the riverfront district. The parking lot had to be addressed differently, they needed a retention pond, they had to address drainage issues, landscaping, and fencing around the dumpster area. The Planning & Zoning Commission approved the site plan presented to them by Hurricane Harbor. Hurricane Harbor started to put some of the improvements in, and then they stopped working on them, and have done nothing for some time. They came to the City with an application for a sign permit that has not been issued. The City tried to get a time frame from Hurricane Harbor for finalizing the site plan improvements. The City is working on the premise that they have an expired site plan at this point. Regarding the drainage issues, the engineer department did an on site inspection. It was reported that the drainage system does not function to the extent that it should. It was only partially completed- the silt fence is up still up- there is garbage and debris in the drainage system itself- The restaurant has problems with the drainage and they have major landscaping issues, plus the fencing of the dumpster is not finished. The City Attorney instructed Growth Management that the City is not under any obligation to issue the sign permit. Officer VanMeir read the findings offact from the October 15,2004 Code Board meeting. The original site plan approval was dated on 6/5/03 with the condition that they add two additional handicapped parking spaces and adjust the landscaping plan per the staff report. They never Code Enforcement Meeting March 16, 2005 Page 4 of 4 came in with the adjusted landscape plan. They are now in violation of the Code Board's finding. They must come back to the Code Enforcement Board. Update on the Florida Power Sports- Dorrie Bosworth stated the business owners believe that they should be grandfathered in to the old car sales store that was at the locations prior to their leasing the property. They came to the City stating they would no longer sell cars, thereby creating a change of use, which stipulates that the site must be brought up to code. This includes signage, drainage, landscaping, and anything that is not in compliance. Mr. Browning submitted his site plan that had new landscaping. Ms. Bosworth stated that Mr. Browning understood about the monument sign, and the drainage issue at the point where Main Street and US I come together. Mr. Browning stated he was going to address that problem so drainage wouldn't go out onto US 1 and down Main Street. Ms. Bosworth stated that usually the infrastructure of a business must be in place before an occupational license is issued. At the time in question, finance was issuing occupational licenses. Mr. Browning went to finance and before any of the improvements were in place, he was given his license. The City then told Mr. Browning that he was operating a business without an approved site plan. At that point the case was brought before the Code Enforcement Board. The decision of the Code Enforcement Board was giving Mr. Browning 90 days from October 15, 2004 to come into compliance with their site plan. Ms. Bosworth stated the business sign hasn't been changed, landscaping hasn't been addressed, there is no handicapped parking, and the drainage issue wasn't taken care of As per the City's Code of Ordinances, all businesses are subject to City's zoning restrictions, the issuance ofa license under this article does not constitute the only authorization required to conduct a business in the City. Failure to comply with zoning, fire prevention and code enforcement ordinances, after reasonable notice shall be given to the licensee to eliminate or correct any condition in violation of such ordinance, is a basis of revocation of the license. It was stated that the City will revoke his occupational license, which he must keep to retain his dealer license through the State. A copy ofthe letter showing this revocation will be sent to the State. This means the State of Florida can revoke his State dealers license. After a discussion, it was suggested that Tracy Hass and the City Attorney be in attendance when Hurricane Harbor is brought back to the board. Being no further business to come before the Board, Chairman Dodd adjourned the meeting at 2:55 P.M. Approved at the ~;/g gCClf Code Enforcement Board meeting. Cha~~e ~~~;1/2L)~L /Shirley A Ly, c~~