Loading...
HomeMy WebLinkAbout09212005 CEB arva ~ -- ; ...... "',. . C_-.,._ _ HOME OF PEUCAN ISLAND 1225 t"lain Street, Sebastian, FL 32958 (772) 589-5330 . Fax (772) 589-5570 CODE ENFORCENffiNT BOARD MINUTES OF REGULAR MEETING September 21,2005 1. Chairman Dodd called the meeting to order at 2:00 p.m. with a pledge to the flag. He introduced and welcomed Barbara Beck as the new alternate member. 2. ROLL CALL: Present: Chairman Charles Ed Dodd Eva Schofield Ronald Van Buskirk Hank Buchanan Howard Brauer Barbara Beck (alt) Absent: Carl Anderson Fred Clement David Johns (alt) Excused: Also Present: Code Enforcement Officers Richard lachini Warren Lindquist Antoine Van Meir Rich Stringer Shirley Lynch City Attorney CEB Secretary Chairman Dodd explained that Barbara Beck would be voting in the place of the absent member 3. The minutes to the August 17, 2005 Code Enforcement Board meeting were approved as written by a voice vote 6-0 4. Additions & Deletions- Officer lachini asked to delete agenda items C Case #2005-21164 & D, Case #2005-21067 as both have complied with the ordinances 5. NOTICED HEARINGS: A. VIOLATION HEARING- CASE #2005-1434 Mr. & Mrs. John Morrison- 703 Easy Street SECTION 39-39(a)- Appeals of Determinations and Fines- An alarm user may appeal the determination of a false alarm dispatch or assessment of a fine to the Code Enforcement Board by filing a written request for hearing setting forth the reasons for the appeal within 10 calendar days after receipt of the fine. Chairman Dodd swore in Sandra Exline representative of ADT Alarm Systems- She testified that the alarm system was installed prior to the Morrison's leaving for vacation. Code Enforcement Meeting September 21, 2005 Page 2 on While they were away a problem with the system set off the alarm and police responded six different times. Ms. Exline stated the Morrison's did try to call ADT to have them stop calling the PD but messages got mixed and police were constantly notified. The problem was fixed when the Morrison's returned home. The problem was a bad window sensor that was repaired on July 18th Since that time there has been no problem with the system or false alarms. She asked that the fines be reduced because of the problem. The current fine amount is $250.00. The options of the Board are to suspend the fine or stay the fine. MOTION made by Eva Schofield on case #2005-1434 in view of all the calls that were made to the home, that the fine of$250 stay.- There was no second, motion died Ron VanBuskirk asked who would pay the fine. Code Enforcement Officer VanMeir stated that the City deals with the alarm permit user only. Mr. Brauer suggested fining the permit users, and then suspend the fine. Mr. VanBuskirk would like to hear from the city. Chairman Dodd swore in Code Enforcement Officer Van Meir who then explained the procedure of events when there is a false alarm. Alarm company calls the police dispatch informing them of an alarm sounding. Two officers are dispatched to the address. They will ask for a key holder to respond if it is a false alarm. If not a weather related issue, the alarm user will be charged for a false alarm. He stated the City does not have recourse against the alarm company only the alarm user. MOTION made by Howard Brauer on case #2005-1434 to suspend the fine and make this a repeat if they corne back then the Board will take additional action, seconded by Hank Buchanan ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron VanBuskirk Hank Buchanan Howard Brauer Barbara Beck Yes Yes No Yes Yes Yes Motion carried 5 ayes- I nay B. VIOLATION HEARING- CASE #2005-2282 Blockbuster Video- 1919 US Highway Oue CHAPTER 39-39a ARTICLE 11- ALARM SYSTEMS- - An alarm user may appeal the determination of a false alarm dispatch or assessment of a fioe to the Code Enforcement Board hy filing a written request for hearing setting forth the reasons for the appeal within 10 calendar days after receipt of the fme. No one was in attendance representing Blockbuster Video. A question followed on what the Code Board must do as it is written in the ordinance that there is a fine of $500.00. It was confirmed that Blockbuster did not send in a request for a repeal. City Attorney suggested if they still have the a1ann in use, the City could bring them before the board in violation of Chapter 39 as a code enforcement case with a potential ofa fine of $250 per day. Officer VanMeir stated the City will withdraw this case and bring it before the Board next month under Chapter 39- Alarm Systems 7. CHAIRMAN'S MATTERS- NONE Code Enforeement Meeting September 21, 2005 Page 3 00 8. MEMBER'S MATTERS: Ron VanBuskirk asked Officer Iachini if the officers keep tract of offenders. A discussion followed how to determine if they are repeat offenders. Attorney Stringer commented that if violators don't come into compliance within the time frame set by the code officer, violators will come before the board. If they are noticed for a hearing and come into compliance prior to the hearing it is option of the officer to bring it to the code board or not. They must come before the code board and be found in violation before they become a repeat offender. 9. CODE OFFICER MATTERS: Officer Warren Lindquist stated that Case #2005-6831, Alan's Maytag, 401 Sebastian Blvd. - The owner received an approval for his site plan to have the dumpsters behind the business. The cement pad is down the dumpsters are on the pad. The owner is in the process of having the fence put up around them. He is still in the time frame of the site plan. Mr. Michael Haley, owner, explained he is reviewing a proposal from a fence company now and the fence should be put up soon. MOTION made by Chairman Dodd ref Case #2005-6831 to extend the date in which the respondent has to come into compliance of the Code Board to November 17,2005, second by Howard Brauer ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Hank Buchanan Howard Brauer Barbara Beck Yes Yes Yes Yes Yes Yes Motion carried 6-0 Eva Schofield asked about Florida Power Sports on the corner of US I and Main Street. Officer VanMeir stated they have several issues and have submitted a site plan to the City for consideration. The car in the lot that is for sale is not being sold by the business. 10. AITORNEY MATTERS: None There being no further business to come before the Board, Chairman Dodd adjourned the meeting at 2:35 pm Approved at the &~ /22&aff Code Enforcement Board meeting. S ;