The URL can be used to link to this page

Home My WebLink About07202005 CEB Present: Chairman Charles Ed Dodd Eva Schofield Hank Buchanan David Johns (alt) Absent: Raymond Tetro (alt) Excused: Fred Clement Ronald Van Buskirk Carl Anderson Howard Brauer (alt) CllYa' HOME OF PELICAN ISlAND 1225 Main Street, Sebastian, FL 32958 (772) 589-5330 . Fax (772) 589-5570 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING JULY 20, 2005 I. Chairman Dodd called the meeting to order at 2:00 p.m. with a pledge to the flag. 2. ROLL CALL: Also Present: Code Enforcement Officers City Attorney Code Enforcement Board Secretary Warren Lindquist Antoine Van Meir Richard lachini Rich Stringer Shirley Lynch 3. The minutes to the May 18, 2005 Code Enforcement Board meeting were approved as written by a voice vote 4-0 Please note alternate member David Johns will be voting at this meeting because of the absence of the board members. 4. Additions & Deletions- Officer VanMeir asked to delete agenda items B,C,D,E,& F as they are all in compliance 5. NOTICED HEARINGS: A. VIOLATION HEARING- CASE #2005-13486 SANDY PINES, LTD- 1163 SCHUMANN DRIVE . SECTION 54-4-7.13(c) LAND DEVELOPMENT CODE- Notwithstanding any prohibition inferred in any previous paragraphs of section 54-2-7 .13(b), trailers and boats utilized for commercial purposes may be kept on real property located in a residentially zoned district owned by the person who also owns the trailer or boat if the following provision is complied with: 1) One, but not more than one, commercial utility or cargo trailer, that does not exceed 24 feet in length and 8 feet in height, may be parked on any lot located in any residential district if it hi parked in accordance with the other provisions of section 54-2-7.13(b)(4) and it is substantially screened by either vegetation or 8 6 foot stockade type fence from the view of the adjacent property Code Enforcement Meeting Jnly 20, 2005 Page 2 oB Chairman Dodd swore in Officer Richard lachini. Officer lachini stated his qualifications and the City's case regarding the problems with the property at 1163 Schumann Drive. He presented photos taken showing the green commercial container over 23' by 9' in dimensions. He reported that Sandy Pines Ltd responded to the certified letter sent to them regarding the Notice of Violation, and they stated they were in the process of beautifying 65 homes in the area and stated they would contact City Hall and ask for permission to leave the container there. Officer lachini contacted Planning & Zoning and the Building Department and found there was no record of communications with Sandy Pines Ltd on this matter. He asked the Board for two more days for the property to come into compliance, if they do not comply, a $250 per day fine accumulate until they bring the property into compliance with the City of Sebastian ordinances. After questioning of Officer lachini by the Code Enforcement Board, Chairman Dodd swore in Wanda Williams, property manager of Sandy Pines, Ltd. Ms. Williams stated she forwarded the Notice of Violation to the Vice President of Sandy Pines, Ltd. She stated the Vice President sent a certified letter to the City asking for an extension of time. Upon questioning, Ms. Williams stated it will take approximately four weeks until the repairs to the forty-five houses are completed. She also stated Sandy Pines uses 150 Mabry as a business as well. Officer VanMeir stated that this was a violation, as 150 Mabry is also a residential area. Chairman Dodd explained to Ms. Williams that Sandy Pines cannot use residential property to run a business from, however; today we are here to discuss the commercial container. MOTION on case 2005-13486 made by Eva Schofield that Sandy PinesLtd remove the trailer within two days from July 20,2005; if the container is not removed by that time, a $250 per day fine will accumulate until the property is brought into compliance, second by Hank Buchanan ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Hank Buchanan David Johns Yes Yes Yes Yes Motion carried 4-0 7. CHAIRMANS MATTERS- There were none 8. MEMBERS MATTERS: Eva Schofield asked for an update on the schedule of citation fines for 2005 with the schedule of compliance. She was told that this schedule has not been changed. She discussed the green shirts that are issued to board members- She feels that the shirts should be returned to the City upon resignation or separation from the City. City Attorney Stringer stated he will mention it to the Mayor, but he feels the shirts are a symbol of thank you to the person for their community service to the City. 9. CODE OFFICER MATTERS: Officer VanMeir questioned the City Attorney as to who has the authority to reduce or relieve the liens on property. Mr. Stringer replied that he was going to address this item under his matters. Code Enforcement Meeting July 20, 2005 Page 301'3 Officer VanMeir stated the last two cases that came before the Code Enforcement Board in May are in compliance. 10. ATTORNEY MA TIERS: Mr. Stringer explained that the code enforcement fine is not much different than any other type of litigation judgment, etc., and it is the consensus of most city attorneys that once the time to appeal a case has passed the code enforcement board no longer has jurisdiction over that matter. If a case comes into compliance and the time to appeal has run, it's not a case anymore, it's a debt to the City and the City Council has the authority to change, alter, or eliminate debts to the City. Prior to the time the board loses jurisdiction, during the ongoing the appeal period, the respondent can come to the Code Enforcement Board and ask to have the fine reduced or rescind the order. The appeal time frame is typically 30 days from the final order imposing the lien. Upon questioning, Mr. Stringer explained that when the Code Enforcement Board issues an order that the parcel must come into compliance within a certain amount of time or else the respondent can be fined per day, that case must come back before the Code Enforcement Board for an order actually imposing a fine. If at the next meeting the Code Enforcement Officer reports to the Board with sworn testimony or affidavit that the property didn't come into compliance until after the specified date, at that point a motion by the Code Board could be made to enter an order imposing the fine for the amount of days beyond the deadline. That order would be recorded and that would be the lien. Chairman Dodd asked if the Board needed an agenda item in which the case comes back where the board is informed on whether or not the case has come into compliance, if not the Board votes to issue the order, from that time forward the respondent gets 30 days to appeal, but the lien will go out at that point in time? A discussion followed on having a report of cases stating the date they must come into compliance, and whether they are in compliance or not included in the minutes. Mr. Stringer stated that although it is not required under the statutes, there is a case law that indicates that the Board should do a notice on the imposition. It was decided that under Code Enforcement Officers Matters- the minutes will include the case numbers, date they were ordered to come into compliance, if they have come into compliance, or if the Board ""ill he receiving a report on that case. If not in compliance the Code Enforcement Officer can request that the board take action at that time. There being no further business to come before the Board, Chairman Dodd adjourned the meeting at 2:40 P.M. Approved at the ~ /2' 2tJa5 Code Enforcement Board meeting. edJj;h19'AJY1Jr~ secretary