MOTION was made by Board Member Munroe seconded by Board Member Lovelace to approve the minutes of September as published

Transcription

1 CITY OF BARTOW CODE ENFORCEMENT BOARD TUESDAY OCTOBER PM MINUTES The City of Bartow Code Enforcement Board met in a meeting held on Tuesday at 530 pm in the Bartow City Hall Commission Chambers Notice of this meeting was posted at the Bartow Police Department Bartow City Hall and the City of Bartow s website 1 CALL TO ORDER Chairperson Frean called the meeting to order at 530 pm 2 INVOCATION Board Member Bohde gave the invocation 3 PLEDGE OF ALLEGIANCE TO THE FLAG The Pledge of Allegiance to the Flag was spoken by the Board and audience 4 ROLL CALL Deputy City Clerk Jacqueline Poole called the roll and attendance was as follows BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT CITY STAFF PRESENT AUDIENCE PRESENT Fred Bohde Brenda Edenfield Antonio Frean Deborah Lovelace Maloney Mason Alt 2 arrived5pm Bruce Munroe Jack Jones excused Jeffrey Spence excused Marc McLean Alt 2 Code Enforcement Investigator Wiggins Code Enforcement Investigator Hernandez City Attorney Parker Assistant City Clerk Jacqueline Poole 5 CONSIDERATION OF MINUTES September MOTION was made by Board Member Munroe seconded by Board Member Lovelace to approve the minutes of September as published Bohde Edenfield Frean Lovelace Munroe 6 SWEAR IN ANYONE WISHING TO TESTIFY

2 Page 2 of 5 Assistant City Clerk Jacqueline Poole swore in members of the audience and staff that wished to testify in any of the cases before the board 7 OLD BUSINESS a CASE NO 10172AH NORMAN J MCQUILLEN TRUST CO NORMA J MCQUILLEN TRUSTEE LOCATION 420 S 7TH AVE BARTOW FL PARCEL SECTION MAINTENANCE SECTION EXTERIOR WALLS SECTION 305 STAIRS PORCHES AND APPURTENANCES SECTION PROTECTIVE TREATMENT Hernandez who gave the following testimony Investigator Hernandez said was brought before the Board on September at which time the Board granted the Respondent 30 days to comply or a daily fine of per day plus any and all administrative costs Investigator Hernandez stated that she took the photographs for and they depict what she actually saw She said the most recent inspection was on Monday October and that some of the violations remain Investigator Hernandez said on October she was contacted by the tenant and the property owner by phone She said both the tenant and property owner requested for the case to be continued and brought back before the Board to request additional time to comply She said it has been in violation for 90 days Investigator Hernandez said the recommendation of the code staff is to continue until the next Code Board Hearing scheduled for December The tenant Theresa Johnson Butler requested additional time finish the project She said that the contractor who was hired to make the repairs has been incarcerated and the intentions of the contractor were to finish when he is released The property owner Norma McQuillen stated that the tenants are on a lease with option to purchase She said in the event the tenant s contractor cannot fulfill agreement she has lined up a contractor to take over Board Member Lovelace asked who would ultimately be the responsible party City Attorney Parker stated that the property owner is the responsible party and if a lien is placed it goes against the owner s interest in the property City Attorney Parker stated that the property owner may want to have the backup contractor to go ahead and proceed with the work that needs to be finished MOTION was made by Board Member Bohde and seconded by Board Member Lovelace to grant request of Respondent for a continuance of Case No 10172AH until the December Code Board Hearing giving the Respondent additional time to clear violations

3 Page 3 of 5 S NEW BUSINESS a CASE NO AMIRISSA M MINA LOCATION 2060 E MARTIN LUTHER KING JR BLVD BARTOW FL PARCEL VIOLATION CITY ORDINANCE CHAPTER OVERGROWTH SECTION MAINTENANCE Hernandez who gave the following testimony Investigator Hernandez said that on August she discovered a violation of Maintenance of Carport and Overgrowth to exist Investigator Hernandez stated that she took the photographs for and they depict what she actually saw She stated that a Notice of Violation and Hearing was mailed to the Respondent via Certified Mail on August Investigator Hernandez said she notice was accepted Investigator Hernandez stated she has not had contact with the Respondents She said the most recent inspection was on Monday October and that the violations remain She said it has been in violation for 76 days Investigator Hernandez requests that the Respondent be given 15 days to correct the violation s and if the property is not brought into compliance within the time period indicated that a fine of per day pursuant to Florida Statute to accrue until the property is brought into compliance plus any and all administrative costs associated with MOTION was made by Board Member Munroe and seconded by Board Member Lovelace to grant the Respondent 15 days to bring the violation into compliance and if the property is not brought into compliance within the time period indicated that a fine of per day pursuant to Florida Statute to b CASE NO 10096KW DARRYL L FUTCH LOCATION 619 S6TH AVE BARTOW FL PARCEL SECTION CARE OF PREMISES Wiggins who gave the following testimony Investigator Wiggins said that he took the photographs for and they depict what he actually saw He said on July he found violation s of openillegal storage and unlicensedinoperable vehicles to exist He said that a Notice of Violation Notice of Hearing was sent to the property owner s by Certified mail on July and the notice was returned as unclaimed He said on or about August the Respondent contacted him at which time Investigator Wiggins gave the violator an additional 30 days to bring the property into compliance He said on October a revised Notice of Hearing was sent to the property owner s by certified and regular mail was post at city hall and posted on the property Investigator Wiggins said the property was reinspected for compliance 4 times with the most recent inspection being today and the violation s remained The property has been in violation for a total of 91 days Investigator Wiggins requested that the Respondent be given 15 days to correct the violation s and assess all administrative costs for this case and if the violation s are not corrected within the 15 day time period he requests that the Board

4 Page 4 of 5 impose a fine of per day pursuant to Florida Statutes plus any and all administrative costs until the property is brought into compliance MOTION was made by Board Member Bohde and seconded by Board Member Lovelace to grant the Respondent 15 days to bring the violation into compliance and if the property is not brought into compliance within the time period indicated that a fine of per day pursuant to Florida Statute to c CASE NO BOOSTMOBILE LOCATION 296 HIGHWAY 17 N BARTOW FL PARCEL VIOLATION CITY ORDINANCE BUSINESS TAX RECEIPT NO Wiggins who gave the following testimony Investigator Wiggins said that he took the photographs for and they depict what he actually saw He said on October he found violation s of no current business license to exist He said that a Notice of ViolationNotice of Hearing was sent to the property owner s by Certified mail on October and the notice was accepted He said on or about October the Respondent contacted him via telephone and that he explained to the Respondent that a Business Tax Receipt needs to be obtained through City Hall He stated that the property was re inspected 1 time for compliance with the most recent being today and the violation s remained The property has been in violation for a total of 25 days Investigator Wiggins requested that the Respondent be given 15 days to correct the violation s and assess all administrative costs for this case and if the violation s are not corrected within the 15day time period he requests that the Board impose a fine of 100 per day pursuant to Florida Statutes plus any and all administrative costs until the property is brought into compliance MOTION was made by Board Member Lovelace and seconded by Board Member Edenfield to grant the Respondent 30 days to bring the violation into compliance and if the property is not brought into compliance within the time period indicated that a fine of 100 per day pursuant to Florida Statute to 9 OVERVIEW COMMENTS City Attorney Parker said that the Planning and Zoning Board has been addressing regarding Article 4 Sign Regulations of the Unified Land Development Code in a series of discussions over the past few months He said among the discussions there are emphasizes on technology ongoing complaints and uniformity of enforcement He said one of the questions that came up was if we adopted some sign regulations who will be responsible for the consistent enforcement He said he answered that it was not a code issue that it was an administrative issue He said the City Manager ultimately directs staff in what priorities they should be pursuing City Attorney Parker said a comment came up that

5 Page 5 of 5 hundreds of employees are out on the road everyday that may see things and the Planning Commissioners wondered how much of it was filtering its way back to the code staff He said the discussion will funnel its way to the City Commission and the City Manager He said one of the suggestions was to have the city manager to mention weekly at the department head meeting for staff to be on the lookout for illegal signs abandoned vehicles etc 10 ADJOURNMENT Chairman Frean adjourned the meeting at 55 pm ATTEST CH ANTONIO FREAN Az4 STWW J CITY CLERK JACQUELINE POOLE SEAL