CODE ENFORCEMENT BOARD
MINUTES
February 23, 2010
6:00 p.m.
Call to Order: Mr.
Rotondo called the meeting to order at 6:01 p.m.
Roll Call.
Present: Bob Rickey, Phil Hoffmann, Robert Rotondo, Scott Dougherty, Tom DeVito,
Robert Westbrook
Absent/Excused: Charlie Leonard.
SWEARING IN OF ALL PERSONS TESTIFYING
OR SPEAKING BEFORE THE BOARD
1. APPROVAL OF AGENDA
Motion: Mr.
Hoffmann moved, Mr. Rickey seconded and motion carried unanimously
to approve the February 23, 2010 agenda.
2. CONSENT AGENDA
A. Expenses:
Code
Enforcement Board legal expenses through January 2010.
B. Minutes: January 26, 2010.
Motion: Mr.
Rickey moved, Mr. Hoffmann seconded and motion carried unanimously
to approve the February 23, 2010 Consent Agenda.
3. PUBLIC HEARINGS
A. Case No. 10-01
Violation Location: The
Hall, 1330
Codes Violated: Palmetto Code of Ordinances, Chapter
5, Amusements, Article I, In General, Section 5-3 Definitions; Section 5-4,
Prohibited Acts, (a) and (b); Section 5-5 Public Nuisances; and Section 5-8
Enforcement; Chapter 16, Health And Sanitation, Article II, Nuisances, Section
16-26 Definitions; Section 16-26(12); and Section 16-27(a), (b) & (c).
Mr. Rotondo opened the Public
Hearing.
Mr.
Strollo testified the case first came to the Board on January 26, 2010. The Respondent,
Ashland 2 Partners, LLC, was found in violation of City Ordinances and ordered
to limit the volume emanating from The Hall. Costs of $391.80 were assessed.
Mr.
Strollo presented an email complaint from Tenna Hagan and a narrative police
report. Officer Matthews responded to complaints on February 4 and
5, 2010. The music was turned down. The officer
concluded each complaint was unfounded, and no citations were issued.
Deputy
Chief Hannaford was present and explained “unfounded”. Officers work security a
few nights a week at The Hall. Patrol
officers get the call and in the meantime the security officers have The Hall turn down the music. Just because there is no noise when the
officer arrives, that does not mean there was not at the time of the complaint.
Mrs. Hagan did not sign an affidavit on these two occasions. Complainant Hagan is frustrated and may sell her
home. She is not the only complainant, but she is the only one who will sign an
affidavit. Other residents of the Park
are reluctant to sign a complaint. Palmetto
Police Department wants The Hall to come into compliance.
Mike
Plechy, co-owner of the Hall, said Feb. 5 was the last complaint. After the
January 26, 2010 hearing, they had a sound engineer who helped with a plan. The
speakers were removed from the dance floor, and carpet was laid within ten days
of the hearing. Mr. Strollo and Deputy
Chief Hannaford both said they were not aware of any complaints since February
5, 2010.
Co-owner David
Scalisi said they did listen to the judge at the Manatee County Court hearing. They have put a lockbox on the volume
control, and they hope the measures have helped. Mr. Rotondo asked for documentation
from the sound engineer. They said it could be provided.
Mr.
Hoffmann asked how many nights a week they had music, and Mr. Scalisi said
three, sometimes four; usually, Wednesday, Friday and Saturday. He asked Deputy
Chief Hannaford when the music had to be off and he said by 2:30 a.m.
Mr. Scalisi
said they employ a lot of people. They want to comply. They own the building and the property.
Mr.
Strollo said he is hopeful that the measures they have taken work, but he put
them on notice that if they are cited again, he can fine them up to $5,000 per
City Codes. He did not feel there was sufficient evidence to find them in
violation at this meeting.
Mr.
Rotondo closed the Public Hearing for deliberation. Attorney Martinson said it
would be appropriate to find the Respondent in compliance at this time and state
that no fine would be imposed. Mr. Rotondo reopened the Hearing to present the
Board’s finding.
Motion: Mr. Hoffmann moved, Mr. Rickey seconded and motion carried
unanimously to find the Respondent in compliance, no fine will be imposed and any future noise disturbances may be fined at
the rate of up to $5,000 per violation per the provisions of Chapter 2,
Administration, Section 2-87 (b) (1) for irreparable or irreversible
violations.
B. Case No. 10-04 Wayne
T. Jordan
Denise C.
Jordan
Violation
Location:
Codes
Violated: Palmetto Code of
Ordinances, Chapter 16, Health and Sanitation, Article II Nuisances, Section
16-26, Section 16-26(1), & (3), and Section 16-27(a), (b), & (c);
Chapter 7, Buildings and Building Regulations, Article XI Minimum Maintenance
Standards, Section 7-243(a), Requirements For Sites:
Mr.
Rotondo opened the Public Hearing.
Mr.
Strollo testified the house is in foreclosure. The plaintiff is Bank of New
York/Mellon. The Notice of Violation and
Notice of Hearing/ Assessment of Fine were sent to the plaintiff’s attorney. A previous case against the Respondents
resulted in $251.80 administrative costs on January 27, 2009, and a fine of
$50.00 per day beginning Feb. 6, 2009 at a Hearing on February 24, 2009. A Report of Compliance was issued on February
25, 2009. On January 6, 2010, the
property was in violation again, and the Respondent was scheduled for this
Hearing. As of today, the property is still in violation. This is a repeat violation. Mr. Strollo
presented his recommendations.
Mr.
Rotondo closed the Public Hearing for deliberation. He
reopened the Hearing to present the findings.
MOTION: Mr. Rickey moved, Mr. Hoffmann seconded, and motion carried unanimously to find the Respondent in
violation of the City of Palmetto Code of Ordinances; to impose a fine of $500.00 per day, commencing Feb. 28, 2010 and
continuing until the property is brought into compliance; and, to authorize the
Chairman to sign the completed Administrative Order Imposing Fine.
C. Case No. 10-05
Sarah Cornwell
Palmetto, FL
Violation
Location:
Codes
Violated: Palmetto Code of
Ordinances, Chapter 16, Health and Sanitation, Article II Nuisances, Section
16-26, Section 16-26 (2) & (3), and Section 16-27(a), (b), & (c):
Mr. Rotondo opened the Public Hearing.
Mr.
Strollo testified the property involves overgrowth and debris in the yards of
the house. The home is vacant and in foreclosure. The Notice of Violation and
the Notice of Hearing were forwarded to the foreclosure attorneys. An additional copy of the Notice of Violation
was forwarded to an alternate address for Ms. Cornwell. The Notice of Violation and the Notice of
Hearing were posted on the property and at City Hall on February 10, 2010. A site visit today (February 23, 2010) showed
no change in the condition of the property.
Mr.
Rotondo closed the Public Hearing for deliberation and then reopened the
Hearing to present the findings.
MOTION: Mr. Hoffmann moved, Mr.
Rickey seconded, and motion carried unanimously to find the Respondent in
violation of City of Palmetto Code of Ordinances and directed to bring this property
into compliance within ten days or by March 4, 2010; to assess costs incurred
by the City in the prosecution of this case in the amount of $251.80 plus any
recording fees; to schedule a Public Hearing on March 30,
2010 at 6:00 p.m. to determine if the violation has
been corrected; and, to
authorize the Chairman to sign the completed Administrative Order.
4. OLD BUSINESS
CEB 06-02 Kathryn
McKinney Report
of Compliance
The house has been
demolished. A Report of Compliance was
issued effective February 16, 2010.
CEB 09-28 E. Barbara Witt Report of Compliance
A Report of
Compliance was issued effective January 20, 2010.
CEB 10-03 John E. Matheny, Jr. and Jill Matheny Administrative Order Imposing Fine
The Order Imposing Fine was sent to CitiMortgage. Mr. Strollo was then contacted by Jim Bowers
of CitiMortgage. The Matheny’s have filed for bankruptcy, so the bank cannot go
onto the property to correct the violation. The car
frame and debris remain as of today. The
property is being monitored, and he does expect some action on the property
soon.
5. NEW BUSINESS
None.
6.
PUBLIC COMMENTS
None.
7. ADJOURNMENT
Mr. Hoffmann moved, Mr.
Rickey seconded, and motion carried unanimously to adjourn the meeting.
Meeting adjourned
at 7:04 p.m.
Minutes approved:
Charles W. Leonard
_______________________
Charles W. Leonard,
Chair