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Home My WebLink About02152006 CEB ~- HOME OF PELICAN ISLAND CODE ENFORCEMffiNT BOARD MINUTES OF REGULAR MEETING February 15,2006 1. Chairman Dodd called the meeting to order at 2:00 p.m. with a 2. pledge to the flag. 3. ROLL CALL: Present: Chairman Charles Ed Dodd Eva Schofield Ronald Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Absent: Eric Fischer(Alt) Excused: Also Present: Code Enforcement Officers City Attorney CEB Secretary Richard lachini Antoine Van Meir Warren Lindquist Rich Stringer Shirley Lynch 3. The minutes to the December 21, 2005 Code Enforcement Board meeting were approved as written on a motion by Howard Brauer, second by Carl Anderson- voice vote: Ayes 7- Nays 0 4. Additions & Deletions- Item J will be moved to first on the agenda 5. NOTICED HEARINGS: J VIOLATION HEARING- CASE #2006-4511 MR. & MRS. MATTHEW J. MC CLOSKEY- 950 FERN AVENUE SECTION 54-4-7.14 (a), LAND DEVELOPEMENT CODE: Large Trucks and Heavy Equipment- It shall be unlawful for any person, either as owner, agent, occupant, lessee, tenant, landlord or otherwise, to park, store, deposit, or to cause or aUow any parking, storage, or deposit on any real property zoned as RE-40, R8-20, R8- 10, RM-S, R-MII, PUD-R, or PlJD..MII, or any property then being used for residential use however zoned, any road tractor, semi-trailer, heavy equipment, or heavy truck Chairman Dodd swore in Code Enforcement Officer, Warren Lindquist, who stated his credentials and the city's case- He reported the Police Department received a complaint reference a dump truck parked at the residence. The PD investigated this call and were told Code Enforcement Meeting February 15, 2006 Page2 of 9 by Mrs. McCluskey that the truck had broken down and her husband was out getting parts to fix it. The officers observed the truck leaving the area 20 minutes later. Ofc Lindquist stated this is an ongoing problem at this residence. The city asks that the respondent be found in violation, and, if this violation occurs again, the respondent be fined $250.00 per day until the violation is rectified. Chairman Dodd swore in Mr. McCluskey who stated the bed lights shorted out and he thought this was a safety hazard. He was under the impression that he had a gentlemen's agreement with Lt. Witt that he could make minor repairs at his residence if it was a safety factor. He stated he has been doing this for the past year or two. He rents a space at Sebastian Rental and will park the truck from now on. After questioning, Ofc Lindquist stated he was comfortable with Mr. McCluskey's explanation and his promise not to park it there again. City Attorney Stringer noted for the Board that the problem was corrected prior to the hearing. MOTION made by Ed Dodd ref case #2006-4511, finding the respondent in violation of the SECTION 54-4-7.14 (a), LAND DEVELOPEMENT CODEofthe City of Sebastian, that the respondent came into compliance prior to the hearing, therefore no further action on this case is necessary, second by Ron VanBuskirk. It is noted that this motion finds Mr. McCluskey guilty of the first offense and if it occurs again he will be dealt with as a repeat offender. ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES YES YES A VIOLATION HEARING- CASE #2005-35822 MICHAEL LINSCOTf - 573 MICHAEL STREET SECTION 66-3. CODE OF ORDINANCES The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, CODdition~ or actions is herehy declared to he and constitute a nuisance; provided, however, this enumeration shaD not be deemed or construed to be conclusive, limiting or restric:tive (12) Inoperative, junk or ahandoned vehicles and vessels on the exterior portions of residential property Officer Antoine VanMeir was sworn in by Chairman Dodd, gave his credentials, and presented the City's case. He showed photographs, taken 2/14/06, of the vehicles. There are two vehicles and a trailer in front of the building. A Notice of Violation was posted on the property December 12, 2005 and the violation has not been corrected. He asked that the respondent be find in violation, given a reasonable amount of time to correct the situation and then a $250.00 per day fine be imposed for every day not in compliance. No one was in the audience representing Mr. Linscott. Code Enforcement Meeting December 21, 2005 Page 3 01'9 After a discussion MOTION made by Ron VanBuskirk ref case #2005-35822, finding the respondent in violation of SECTION 66-3(12) as of December 12,2005, given him seven days to come into compliance which will be February 24,2006, or pay a $250.00 per day fine until the property comes into compliance, second by Harry Enderlein. Mr. VanBuskirk amended his motion to read seven days after notification for the respondent to come into compliance. Amendment seconded by Harry Enderlein ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron VanBuskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES YES YES B. VIOLATION HEARING- CASE #2005-36126 PATRICK H. WHITE, JR.- 562 DRAWDY WAY SECTION 66-3- CODE OF ORDINANCES OF THE CITY OF SEBASTIAN The maintaining, using, piKing, depositing, leaving or permitting to be or Rmain on lUIy public or private property of any of the following items, conditioDs, or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive (12) Inoperative, junk or abandoned vehicles and vessels on the exterior portions of residential property Officer VanMeir presented the city's case. He showed photographs, taken February 14, 2006, of 8 vehicles that do not appear to bear current registrations and have not been moved for some time. Upon questioning, Ofc VanMeir stated this violation has been at this residence since he has worked for the city. He stated he hand delivered a copy of the hearing. The city has followed due process and sent registered letters but have had no response from Mr. White. He asked that the respondent to be found in violation of the ordinance, be given 7 days from notification to come into compliance or fined $250.00 per day until he comes into compliance. Patrick White, Jf was sworn in by Chairman Dodd. He stated all vehicles run and most are registered. He has removed one vehicle and will be removing another vehicle. He said he needs 30 days to register all other vehicles because of the cost. He stated he works out of town, is only here once Of twice a month and that he drives the vehicles when he is here. After a discussion, MOTION made by Ed Dodd, in reference to case #2005-36126, finding the Respondent in violation with Section 66-3 of the Code of Ordinances, the respondent has until March 13,2006 to comply with the code, if not in compliance by that date a fine of $250.00 per day will occur for every day after that that the respondent is not in compliance, second by David Johns ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer YES YES YES YES YES Code EnfOrcement Meeting February 15, 2006 Page4 of 9 David Johns Harry Enderlein Barbara Beck (alt) YES YES YES Motion carried 7-0 C. VIOLA nON HEARING- CASE #2005-36133 PATRICK H. WHITE, JR.- 562 DRAWDY WAY SECTION 54-2-7.13(b)(9) CllY OF SEBASTIAN LAND DEVELOPMENT CODE Motor homes, travel trailers, campers, boats, trailers, and recreational vehicles (b )(9): Parking and storage of recreational vehides. No more than two recreational vehicles at the same time shall be permitted on any lot outside of an enclosed garage Officer VanMeir presented the city's case showing pictures taken February 14,2006. The city contends there are three recreational vehicles on the property. Mr. White stated that the 3rd trailer in question is on the neighbors property, not his. Officer VanMeir withdrew the case due to the error. D. VIOLATION HEARING- CASE #2005-32525 MR. STEVEN KRASCO- 592 ORANGE AVENUE SECTION 54-2-7.7(a)(6)- LAND DEVELOPMENT CODE OF THE CIlY OF SEBASTIAN Walls and Fences. (a)(6)Maintenance. All fences and walls shall be maintained in good repair, in a non-hazardous condition and shall not be allowed to become dilapidated. Officer VanMeir presented the city's case showing photographs taken February 14,2006. He stated he issued a Notice of Violation on November 9, 2005 for the dilapidated fence. He asked that Mr. Krasco be found in violation given 7 days to comply or receive a $250.00 per day fine until in compliance. Mr. Krasco stated he has a pool and 2 large dogs and needs the fence there until the fence is fixed. The fence was damaged in the hurricane. He also reported having damage done to his business from the hurricane and had to fix that first before he started on his residence. He stated he requires a month to repair the fence. He said he spoke to Wayne Eseltine, in the building department, and Mr. Eseltine said not to worry about obtaining a permit. Upon questioning, Mr. Krasco stated his fence is 26 feet from the road, his dogs won't push through the fence. Mr. Krasco was told that the fence, as it is now, is not in compliance with code. It does not have a gate that can be locked and there is more of a four inch gap between the boards. Mr. Krasco stated he sees many houses in the area that are in worse shape then his. After further discussion MOTION made by David Johns reference case #2005-32525, finding the respondent in violation of SECTION 54-2-7.7(a)(6)-LAND DEVELOPMENT CODE, giving him 30 days from the day of notification to come into compliance, or be charged $250.00 per day until he comes into compliance, second by Howard Brauer. Today is the date of notification- Mr. Johns amended his motion to read the respondent has until March 15,2006 to come into compliance, second by Howard Brauer. ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein YES YES YES NO YES YES YES Code Enforcement Meeting February 15, 2006 Page 50f9 Barbara Beck (alt) Motion carried 6-1 YES E. VIOLATION HEARING- CASE #2006-706 MERCEDES HOME,INC-1970 BARBER STREET SECTION 54-3-16- LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN SIGNAGE AND ADVERTISING- Temporary signs are not permitted Officer VanMeir presented the city's case and showed photographs, taken February 14,2006, of the temporary signs that the city contends are illegal. Jeff King, representative of Mercedes Home, stated that all the signs shown today have been removed prior to them coming to the meeting. The only two things remaining are the two poles in the swale. Mr. King said that they will be removed today. City attorney Stringer advised Mr. King that Mercedes Home must apply to growth management for the modification of the site plan for the change in the sign. He stated they are allowed a single monument type permanent sign according to their permit. MOTION made by Ed Dodd reference case @2006-706, finding the respondents in violation of SECTION 54-3-16- LAND DEVELOPMENT CODE, having come into compliance prior to the meeting, therefore no further action needs to be taken at this time, seconded by David Johns. Ron VanBuskirk stated that if this violation occurs again, Mercedes Home will be a repeat offender ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron VanBuskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES YES YES F. VIOLATION HEARING- CASE #2006-2344 ZHEN QUO. 101 EMPIRE TERRACE SECTION 39-27 CODE OF ORDINANCE CITY OF SEBASTIAN Permit Requirements- (a) No alarm user sball operate, or cause to be operated, an alarm system at its alarm site without a valid alarm permit issued by the alarm administrator Officer VanMeir presented the city's case. Mr.Quo came to the police station yesterday and stated he cancelled the alarm system but never new he had to notify the city to cancel. Mr.Quo was sworn in by Chairman Dodd. He stated he called the alarm company after the hurricane last year because of the damage to the alarm system. Upon questioning, he stated he has not paid the company since last year. Mr. Stringer stated it is the obligation of the alarm holder to notify the city of any changes in the application or alarm service. This would constitute notice to the city. A discussion followed on the breakdown of fines and fees. Code Enforcement Meeting February 15,2006 Page 6of9 MOTION by Ed Dodd, reference case #2006-2344, finding the respondent in violation of SECTION 39-27 CODE OF ORDINANCE, that the board waives the fines and licensing fees The respondent will reimburse the city for administrative costs, second by Howard Brauer. ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES YES YES G. VIOLATION HEARING- CASE #2006-713 BAMMA SUBS-1671 US HIGHWAY ONE WALTER WORTHINGTON- Building owner SECTION 54-3-16- LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN SIGNAGE AND ADVERTISING- Banner and temporary signs Officer VanMeir presented the city's case and showed photographs that were taken February 14, 2006 of the signs. After a discussion the case was broken down to 2006-713A (signs pertaining to Bamma Subs) and 2006-713B (signs that are the property owners responsibility). The remaining tenants will be notified. Bamma Subs got a temporary permit for a grand opening. Corrina Parker, owner ofBamma Subs was sworn in by Chairman Dodd and stated her case. She stated that Growth Management told her there is an issue with the main sign that must be dealt with and that there is no room left for her signs. She presented a list of 27 businesses that have decorative or open banners in Sebastian. She was told she was not allowed to have one. She showed a list of 21 businesses that have nailed up signs or painted writing on their windows or front of the buildings advertising their business, that are not permitted by the city. Mr. Stringer stated the grandfathered sign has been destroyed, then tenants put up new signs, that brings the whole site out of compliance. No signs are allowed on a site that is not in compliance and there is a percentage of footage allowed for signs as welL After further discussion, Ed Dodd made a MOTION reference case #2006-713A, finding Bamma Subs in violation of SECTION 54-3-16- LAND DEVELOPMENT CODE, and has until March 13, 2006 to come into compliance or be fined $100.00 per day for every day they are not in compliance, seconded by Howard Brauer ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES YES YES Code Enforcement Meeting February 15,2006 Page 7 of 9 Ms. Parker stated Mr. Worthington told her he was not notified of this meeting. Ofc. VanMeir said the certified mail green card shows that Mr. Worthington signed for the certified mail. After a discussion on the second part of this case, Ed Dodd made a MOTION reference case #2006-713B, finding the respondent in violation of SECTION 54-3-16- LAND DEVELOPMENT CODE, and has until June 19, 2006 to come into compliance or be fined $250.00 per day until he is in compliance, second by Carl Anderson ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron VanBuskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES YES YES H. VIOLATION HEARING- CASE #2005-35996 SANDY PINES, L TD- 101 FLINT STREET SECTION 54-2-7.5(c)(2)- LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN ACCESSORY STRUCTURES- No accessory structure shall he constructed or maintained without a building permit being issued by the city's building off'lCial expressly designating the type of the accessory structure Officer VanMier presented the city's case. He showed photographs taken February 14,2006, ofa structure 18'XI8' put up without a permit in the FPL right of way. The structure is in concrete blocks on top ofthe ground, it is a temporary structure that must be permitted and placed wholly on the property out of the right of way. The tenant, Mr. John Sneed, was unaware that he was not on his property. He asked to find respondents, Sandy Pines, Ltd, in violation giving the seven days to come into compliance or be fined $250.00 per day for every day they are not in compliance. John Sneed was sworn in by Chairman Dodd. He stated he is willing to correct any problems. Howard Brauer stated to the Board that he knows Mr. Sneed. Mr. Stringer explained that Mr. Brauer would only allowed to conflict out when his decision will directly have an pecuniary impact on himself, a member of his immediate family, or someone he works for. He stated that Mr. Brauer already disclosed to the board that there was a relationship with the respondent but he must still vote under Florida law. Officer VanMeir stated that the building director, Wayne Eseltine, stated any thing erected sitting on or attached to the ground would require the building department's permission. Mr. Sneed was told he needs to apply for a permit and he must have a survey with the placement of the structure on it. The issue of him being on the right of way and the set backs, how big the building can be, etc., will be explained to him by the building department when he applies for the permit MOTION made by Ed Dodd reference case #2005-35996, finding the respondents in violation of SECTION 54-2-7.5(c)(2)- LAND DEVELOPMENT CODE, giving them until May 15,2006 to come into compliance, or face a $200.00 per day fine until they come into compliance, second by Ron VanBuskirk ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield YES YES Code Enforcement Meeting February 15,2006 Page 8 of 9 Ron Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 7-0 YES YES YES YES YES YES I. VIOLATION HEARING- CASE #2005-35993 SANDY PINES, LTD- 101 FLINT STREET SECTION 30-29-CODE OF ORDINANCE CITY OF SEBASTIAN REQUIRED: No person shall engage in any activities for which a license is required by this artide, nnless such a person has a valid occupational license issued by the city Officer VanMeir presented the city's case. On December 14, 2005, Mr. Sneed was issued a Notice of Violation stating he needed an occupational license to do business in the City of Sebastian. He stated the Occupation License div at City Hall presented Mr. Sneed with an application but he has not filled it out as yet. Mr. Sneed reported to the Board that he has a license from Vero Beach and that he does work all over. He said that the Occupational License staff, Linda Lohsl, told him he could use his occupational license from his Vero Beach business address. A discussion followed on transitory and non-transitory business. After further discussion and an amendment, a MOTION made by Ron VanBuskirk reference case #2005-35993, finding the respondent in violation of SECTION 30-29-CODE OF ORDINANCE having no occupational license, giving him 90 days to apply for a occupational license, if not in compliance by that time face a $100.00 per day fine, second by Ed Dodd ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Harry Enderlein Barbara Beck (alt) Motion carried 6 ayes-1 nay YES YES YES YES YES YES NO YES 7. CHAIRMAN'S MATTERS- Chairman Dodd stated a new chairman and Vice Chairman must be appointed for the new year. MOTION by Ron VanBuskirk nominating Ed Dodd to remain as Chairman, second by Howard Brauer and approved by a voice vote. MOTION made by Ron VanBuskirk to nominate Carl Anderson as Vice Chairman of the Board, second by Ed Dodd and approved by a voice vote. Chairman Dodd noticed that the Code Enforcement Officers continue do a great job 8. MEMBER'S MATTERS: NONE 9. CODE OFFICER MATTERS: Officer Van Meir thanked the Board for all the support. Code Enforcement Meeting February 15,2006 Page 90f9 He reported on: A. Case #2005-22839, Richard Scott/Marie Case- 1301 US Highway One: he does not have a complete report yet, he will report more fully on 3/15/06 E. Case 2005-2692- Florida Power Sports- BOlUS Highway One: The are no longer in business in the city- Ofc VanMeir will check to see if they closed operations prior to the date of compliance which will determine if action by the Board should be taken B. Case #2005-16583- Delmont Oquist- 1413 N. Central Avenue- has complied, photographs shown C. Case #2005-33428- Armando Crespo- 655 Sembler Street- has complied, photographs shown D. Case #2005-33390- Greg Zimmermann- 570 Agnes Street has complied, photographs shown Officer VanMeir will report fully on cases A&E at the March meeting 10. ATTORNEY MATTERS: There a few high profile code violations that are going on. The City is not ignoring them but they are amassing them; one is going directly to circuit court for an injunction rather than come through the Code Board. 11. PUBLIC INPUT: NONE There being no further business to come before the Board, Chairman Dodd adjourned the meeting at 4:50 pm Approved at the ~ /..% $t;?(76" Code Enforcement Board meeting. ~ Q-e?/ Charles "Ed" Dodd