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Home My WebLink About12212005 CEB HOME OF PELICAN ISLAND t jl, CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING December 21,2005 1. Chairman Dodd called the meeting to order at 2:00 p.m. with a pledge to the flag. He introduced Harry Enderlein as the new alternate to the board 2. 3. ROLL CALL: Present: Chairman Charles Ed Dodd Ronald VanBuskirk Carl Anderson Howard Brauer David Johns Barbara Beck (alt) Harry Enderlein (alt) Absent: Fred Clement Excused: Eva Schofield Also Present: Code Enforcement Officers City Attorney CEB Secretary Richard lachini Antoine Van Meir Rich Stringer Shirley Lynch Chairman Dodd reported for the record that the alternate members will be voting in place of the absent members 3. The minutes to the November 16, 2005 Code Enforcement Board meeting were approved as written on a motion by Howard Brauer, second by Ron VanBuskirk- voice vote: Ayes 7- Nays 0 4. Additions & Deletions- Items A, D and E have complied, and are removed from the agenda 5. NOTICED HEARINGS: B. VIOLATION HEARING- CASE #2005-33390 Mr. & Mrs. Greg Zimmermann- 570 Agnes Street SECTION 66-3.(1)(2) (12) The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, eonditions, or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shaD not be deemed or construed to be conclusive, H!!'Jting or restrictive Code Enforcement Meeting December 21,2005 Page2 of 4 (1) Accumulations oftrasb, 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 (1) Any condition whim provides harborage for rats, mice, snakes, and other vermin (12) Inoperative, junk or abandoned vehicles and vessels on the exterior portions of residential property Chairman Dodd swore in Code Enforcement Officer Antoine VanMeir who stated his credentials and the City's case. He showed photos taken at that location of the violations. He asked for a violation of $250.00 per day after a reasonable amount of time to remedy the violations. He could not take a photo of the license plate. The respondent was not in attendance. After a discussion, MOTION made by Howard Brauer referring to Case #2005-33390, finding the respondent in violation, giving him 14 days after receipt of notification to come into compliance with code or after that a $250.00 per day fine will incur until he is in compliance, second by Ron VanBuskirk ROLL CALL VOTE: Chairman Charles Ed Dodd Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck Harry Enderlein YES YES YES YES YES x'ES YES Motion carried 7-0 C. VIOLATION HEARING- CASE #2005-33428 Armando Crespo- 655 Sembler Street SECTION 66-3. (12) The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions. or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shan 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 Antoine VanMeir presented the City's case. Mr. Crespo was made aware ofthe violation he created and agreed to remove the vehicles within seven days. These vehicles were delivered on 11/20/05. Prior to that date, the house was vacant. Officer VanMeir asked the Board to find Mr. Crespo in violation of the code, give him a reasonable amount of time to remove the vehicles and fine him $250.00 per day if he doesn't comply. There was no one in attendance to represent the Respondent. Mr. Joe Karbowski of 656 Fleming Street was sworn in by the Chairman. He is the neighbor to the rear of 655 Sembler Street. He stated there were four cars delivered to the yard and believes Mr. Crespo is going to start a restoration business at 655 Sembler Street. After questioning from the Board members, a MOTION was made by Carl Anderson in reference to case #2005-33428 to find the respondent in violation of the Code of Ordinances and after proper notification, the respondent has 14 days to remove the vehicles and ifthey are not moved by that time, fine him $250.00 per day until he comes into compliance., second by Howard Brauer. Code Enforcement Meeting December 21,2005 Page 3 of 4 Ron VanBuskirk stated in his opinion the time limit should be kept at the agreed upon 7 days to come into compliance with the code. Howard Brauer and David John's opinion is to keep the 14-day limit. There were no other comments on the motion. ROLL CALL VOTE: Chairman Charles Ed Dodd Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck Harry Enderlein Motion carried 6-1 F. VIOLATION HEARING- CASE #2005-2692 Florida Power Sports-1301 US Highway One Richard ScottIMarie Case YES NO YES YES YES YES YES SECTION 30-27. CODE OF ORDINANCES No alarm user shall 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. Officer VanMeir asked for the respondent to be found in violation of the ordinance and be fined $56&.84 for operating an unregistered alarm, renewal fee, violation fee, and administration fee. The respondent was not in the audience. After questioning and discussion, Mr. Stringer clarified that the respondents will have to pay the $568.84 amount for operating an alarm without a permit to renew the permit; the actual charge in front of the Board is operating an alarm system without a permit. That is a daily fine. The Board would charge the respondent whatever amount everyday they continue to operate the system without a registered permit. After a discussion, MOTION made by Ed Dodd, in reference to case #2005-2692, finding the Respondents in violation with Section 30-27 of the Code of Ordinances, operating a non-permitted alarm system at 1301 US Highway One, and that they be fined $250.00 per day from the third day after notification until the alarm system is properly permitted. Motion seconded by Barbara Beck Mr. Stringer stated that any amount of time less then seven days by law means business days. MOTION was amended to state seven days after notification ROLL CALL VOTE: Chairman Charles Ed Dodd Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck Harry Enderlein Motion carried 7-0 YES YES YES YES YES YES YES 7. CHAIRMAN'S MATIERS- reported on the Indian River County Code Enforcement Board meeting on January 23, 2006- at 1 :30 p.m. in the Administration building in Vera Beach, next to the parking garage. If anyone wants to car pool meet in the lobby of the Police Department at IPM Code Enforcement Meeting December 21, 2005 Page4 of 4 8. MEMBER'S MATIERS: NONE 9. CODE OFFICER MATTERS: Officer Van Meir reported on Case #2005-33387, William Stevens- 1421 Thornhill Lane has complied within the time frame. Also Case 2005-24976, Mr. & Mrs. Orlando Lorenzo, 1361 Laconia Street have complied within the time frame He updated the Florida Power Sports 2005-22839 1301 US Highway one- they will be removed from the building. Planning/Zoning and Code Enforcement has a meeting with Mr. Scott set for Thursday of next week at 11: 00 a.m. to resolve any issues in the Planning/Zoning room. They want to bring in a new tenant and they know they must renovate the area. This will be reported on the January 18, 2006 meeting. On a question about blue roofs, Officer Van Meir stated that that falls under the building code. A discussion followed. 10. ATTORNEY MATTERS: NONE 11. PUBLIC INPUT: Anastsia Predaris of903 Canal Circle stated she has a problem with 902 Canal Circle and the pit bull that runs loose. She was told to file a complaint with the Police Department, and that this was an Indian River Animal Control issue There being no further business to come before the Board, Chairman Dodd adjourned the meeting at 3:00 pm Approved at the Y~;I'd" 2mb" Code Enforcement Board meeting. ~~~ Chairman Charles "Ed" Dodd _Wl<J~ Secr~ Shirley I .