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Home My WebLink About05172006 CEB HOME OF PELICAN ISLAND ..ii.. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING May 17,2006 1. 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 Carl Anderson Ronald Van Buskirk Howard Brauer Barbara Beck Clarence Barton Steven Lincoln Also Present: Code Enforcement Officers Absent: Excused: David Johns City Attorney Secretary Antoine Van Meir Warren Lindquist Rich Stringer Shirley Lynch 3. The minutes to the April 19, 2006 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- Item C #2006-89689 and Item D- #2006-8610 are in compliance and have been removed from the agenda 5. NOTICED HEARINGS: A. VIOLATION HEARING- CASE #2006-1932 D-Carr Investments, Inc (Taco Bell, Pizza Hut, KFC)- 1809 US 1 . SECTION 39-27 CODE OF ORDINANCE CITY OF SEBASTIAN- Permit Requirements- (a) 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 Respondent agent, Becky Medley was sworn in and gave testimony. She stated that D-Carr Investments, Inc did not respond to any of the fine due letters because they thought they were for the previously paid fine and that D-Carr was appealing the $500.00 fine. Officer VanMeir was sworn in and gave the City's case stating the amount ofletters sent to D-Carr and that none were responded to. City Attorney Rich Stringer stated it was too late to appeal the fine. He also stated that the agenda stated a violation hearing and the respondent was sent a notice that it was an appeal hearing. Officer VanMeir stated this will be rescheduled for next months meeting Code Enforcement Meeting May 17,2006 Page 2 of3 B. VIOlATION HEARING- CASE #2006-9322 Sebastian Perfonnance Centerl Donald & June Stadnik-155 Sebastian Blvd . SECTION 54-4-18.2 LAND DEVELOPMENT CODE Non-conformance with site plan- Inoperable vehicles or vehicles left for repair must be kept in accordance with site plan agreement Officer Van Meir gave the city's case and showed photos of the area taken yesterday morning. He stated in this zone, no outside storage was allowed and all repairs must be made inside the building. Mark McCowsky & Donald Stadnik were sworn in by Chairman Dodd. Mark McCowsky, lessee, gave his testimony stating that some of the vehicles that were in the thoroughfare were removed, he wasn't aware repairs had to be made inside and that the vehicles in the outside parking spaces will be removed within two weeks Donald Stadnik, owner of the property stated this was the first time he's heard of the work and outside storage restrictions City Attorney Stringer suggested they speak with Growth Management. He said they are not supposed to have parking spaces with cars needing repair parked in them, they are for clients only. A discussion followed on pulling an occupation license- Attorney Stringer stated that an occupational license is actually a tax, not a license, and the City cannot, by law, pull the tax as they can do a business license. He also said talking with growth management to find a solution would take 2 months not 2 weeks. MOTION made by Ed Dodd reference Case #2006-9322, finding the respondents in violation of Section 54-4-18.2 of the Land Development Code of the City of Sebastian, giving them until 7/20/06 to come into compliance. Ifnot in compliance by that date, a $50.00 per day fine will be incurred until the respondents are found in compliance. Motion seconded by Carl Anderson. Ron VanBuskirk stated the car for repair parked in the handicapped space must be removed immediately and that no oil or other automobile fluids can be allowed to go down the sewer drain. ROLL CALL VOTE: Chairman Charles Ed Dodd Carl Anderson Ron Van Buskirk Howard Brauer Barbara Beck Clarence Barton Steven Lincoln YES YES YES YES YES YES YES Motion carried 7-0 7. CHAIRMAN'S MA TTERS- Chairman Dodd asked if anyone would be able to attend a Successful Citizen training seminar in his stead at Cape Canaveral Friday morning beginning at 10:30- No one was able to attend 8. MEMBER'S MATIERS- Carl Anderson asked about Bamma Subs- Officer VanMeir stated that they vacated the area 9. CODE OFFICER MATTERS: Officer Van Meir reported on the status of the following: a. Report on Case 2005-35996, Sandy Pines, Ltdl John Sneed, 101 Flint St- Access. Structures- the building is being worked on Code Enforcement Meeting May 17,2006 Page 3 of3 b. Report on Case 2005-35993, Sandy Pines, Ltdl John Sneed, 101 Flint St- Occ Lie- undergoing the occupational license process c. Report on Case 2006-8704, Michael Crowe, 116 Miller Dr, Occ Lie- Mr. Crowe withdrew his request for an occupationallieense, then reapplied and was approved- he is allowed an office in his house only d. Report on Case 2005-1570 Debra Goodin, 602 Concha Drive, vehicles- is in compliance Officer Van Meir thanked the board for the fine work they have done on rather difficult cases. 10. ATTORNEY MATTERS: Mr. Stringer discussed where the city was in the discussion of a Special Master way of hearing code enforcement issues. He stated he was suggesting to the Council to bring in a Special Master who is an attorney who sits as a judge and uses such a format that judges may allow the city to go to the next level. He stated the Council is leaning toward an ordinance for a Special Master as the council wants to address the more difficult cases. Chairman Dodd stated the process would not make code enforcement better and that the complex cases are very small in number 11. PUBLIC INPUT: NONE There being no further business to come before the Board, Chairman Dodd adjourned the meeting at 1510 hrs