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HomeMy WebLinkAbout02-28-1989 Minutes KINMIE2 QE THE QITI QE QcQEE ON REMOUNT HARP NEETING HELD FEBRUARY 2 ., 1989 Liv ROLL CALL HUM: Chairman Frank Carlsson, Vice Chairman John Linebarier, Members Gary Carroll, Robert Imes and James Skirvin, Attorney Dwight I . Cool, Code Enforcement Officer James Coschignano, Deputy Clerk Susan Swilley and Assistant to Police Chief Russell Hickmon. ANNENTa Members Kathleen Shidel and Douglas R. Rush, both excused. Chairman Carlsson called the meeting to order at 7:30 P.M. . Vice Chairman Linebarier led everyone in prayer and then Chairman Carlsson led in the Pledge of Allegiance to the flag. ERIN AMR ANPRQYAL QE NINQTEE Vice Chairman Linebarier moved to accept the minutes of the December 19, 1989 Code Enforcement Board meeting as printed and distributed. Motion seconded by Mr. Carroll and approved unanimously. YIQLATIQNN MARINO Case 89-1, Owen Properties, Inc. Code Enforcement Officer Coachignano stated that there had not been proof of service for this case and asked the Board for a continuance so that staff could instruct the Police Department to hand deliver the notice of hearing. Vice Chairman Linebarier asked how much it would benefit the City to pursue this case due to Mr. Owen abandoning his projects. Code Enforcement Officer Coachignano stated that he was unsure but that he was directed to pursue the issue by City Manager Finch when he was with the City and also by Building Official Harvey Nagel. Vice Chairman Linebarier asked if the property has been altered other than the sand piles. Code Enforcement Officer Coschignano answered that the Building Official had stated to him that the ditch had been altered but that he himself could not make that statement since he had only inspected the ditch afterwards. He stated that there is no activity on the property now. Mr. Carroll asked if the property had trees. Code Enforcement Officer Coachignano answered that no, not to his knowledge. Mr. Carroll then stated that the sand on the property would probably benefit the surrounding land since that area is low and has drainage problems. 1 CEB 3/1/89 PAGE 2 Case 89-2, Veteran's Affairs Administration Code Enforcement Officer Coachignano stated that the respondent brought the property into compliance and that a Notice of Dismissal would be provided in the next agenda packet. Case 89-3, Charles H. Davis &/or Mary Ann Davis This case was dismissed by the City and a notice provided to each Board member. OMB MINIM Copy of Ordinance 89-01 Deputy Clerk Swilley stated that this was provided for informational purposes. Notice of Dismissal, Case 88-28 Code Enforcement Officer Coachignano stated that the property was brought into compliance and the case was dismissed by the City. Copy of Affidavit of payment/release of lien - Case 88-25 Deputy Clerk Swilley stated that this was provided for informational purposes and that as soon as the lien was released by Orange County, she will close the case and provide the Board with a notice of dismissal. Memo from Mr. Finch to Finance Dept. , re: Don Owen Deputy Clerk Swilley stated that she had provided this for informational purposes especially since Mr. Owen was scheduled to appear before the Board at this meeting. Copy of memo to City Commission, re: Code Enforcement As instructed by the Board, Deputy Clerk Swilley sent a memo to the City Commission. She stated that she has had no response so far. MINIM A. Code Enforcement Officer - He stated that he wondered about the parking issue discussed at the last meeting. Mr. Cool stated that he has a proposed change to the City Ordinance. He then passed around drafts for comments, 2 CEB 2/28/89 PAGE 3 changes, etc. . Mr. Imes and Code Enforcement Officer Coschignano both stated that they felt the proposal was too stringent end might even prohibit parking on an individual's own property. After some discussion, the Board unanimously agreed that Section 1 of the proposal was fine but that Section 2 was too stringent. Code Enforcement Officer Coachignano asked if church property is considered private property. Attorney Cool answered yea. Code Enforcement Officer Coachignano stated that the proposed change will cause a problem with all of the churches in the City which use grass for parking. Mr. Imes added that the same problem would be found with bailfields. After much in depth discussion about Section 2, it was decided that instead of addressing all private property, that any private property not zoned residential be addressed and that churches, schools and recreational areas be excempt. Chairman Carlsson asked Attorney Cool to rework and bring back at the next meeting. B. Police Dept. - Vice Chairman Linebarier asked if the proposed changes would help with the police department enforcing parking problems. Mr. Hickmon answered that anything was possible if an Ordinance were passed but that if there was not a penalty included, the police department did not have the ability to enforce. He further stated that a ticket cannot be written unless a penalty accompanies the Ordinance and a desire exists by the City to prosecute. Attorney Cool stated that you could not ticket on private property anyway and that you must rely on the Code Board for enforcement. Mr. Hickmon then passed around a copy of the section of the code pertaining to junk vehicles, sections 21- 34 through 21-43. He then read from section 21-39 and stated that to tow vehicles in the manner allowed was excessive and that he had a problem with section C relating to appeals by the vehicle owner. He further stated that in an appeal situation, the police department would be responsible for storing and caring for vehicles during the appeal process. Mr. Hickmon also asked if the Board were prepared to reimburse the respondent if they ruled in favor of the respondent. He also brought up the issue of whether to tow a car or leave in the the area ticketed during the appeal process. Mr. Hickmon stated that he is putting together an alternative to this code section. He stated that when you impound a car, you must be careful and that his recommendation to the Chief is that the police department take no enforcement action at this time, only verbal persuasion. Vice Chairman Linebarier asked how long it would take for the revision. Mr. Hickmon estimated 60 days minimum. Chairman Carlsson thanked Mr. Hickmon for his time and helpful information. Chairman Carlsson requested that Deputy Clerk Swilley set up an appointment for himself, Vice Chairman Linebarier and City Manager Shapiro for the middle 3 CEB 2/28/89 PAGE 3 to the end of March on a Tuesday afternoon to discuss Code Enforcement. Board Attorney - None Citizens - None Board Members - Vice Chairman Linebarier questioned the migrant housing on Silver Star Rd. near Clark Rd. . He wondered about the gutted building and why it still stood. Code Enforcement Officer Coschignano stated that the property is destined to be cleared with the Clark Road Extension. He further stated that he would check into the issue and talk to the Building Official about condemnation. ADJORNMPT Vice Chairman Linebarier moved to adjourn, seconded by Mr. Carroll and approved unanimously. Meeting adjourned at 8:53 P.M. . Chairman Frk Carn, ATTEST: - Itka-ELL5.11Susan Swilley, Deputy erk 4