CITY OF WILLISTON

BOARD OF ADJUSTMENT AND CODE ENFORCEMENT

AGENDA

DATE: February 27, 2017

TIME: 6:00 PM

PLACE: City Hall Council Room

BOARD OF ADJUSTMENT/CODE ENFORCEMENT COMMITTEE MEMBERS:

Sharon Brannan, Chair / Staff
Bruce Schupp / Latricia Wright, Secretary of the Board
Colette Roth / Scott Lippmann, City Manager
Marc Pompeo / Wayne Carson, Code Enforcement Officer
Thomas Oakes / Frederick Koberlein, City Attorney
Paul Missall / Josie Lodder City Planner
Pam Myhree

CALL TO ORDER

Agenda

A.  PLEDGE

B.  ROLL CALL –

C.  GENERAL WECOME NOTICE BY CHAIRMAN

D.  Approval of Agenda

E.  APPROVAL OF MINUTES

1.  November 28, 2016 and December 5, 2016

F.  REMARKS OF STAFF OR ATTORNEY --

G.  REMARKS OF CHAIRMAN –

H.  CITY STAFF SWORN by Secretary –

I.  CASES READ FOR CLOSURE By Secretary – none

J.  NON-COMPLIANCE HEARINGs ---

1.  Code enforcement—case cv16-13

a.  Property Owner: Charlie Flournoy

b.  Property Address: 4091 NE 11th St. aka 31 NE 11th St.

c.  Original Violation Notice from City: April 20, 2016

d.  Deadline for Order to Correct: September 14, 2016

e.  Date Non-Compliance Hearing mailed: Hand delivered Feb. 10, 2017

CV16-13: On June 20, 2016 property owner Charlie Flournoy appeared before the board for his first hearing. The board ordered Mr. Flournoy to bring his property into compliance by September 14, 2016. Property was re-inspected by Code Enforcement Officer Wayne Carson on September 21, 2016 and property was found not in-compliance. On November 1, 2016 a Non-Compliance Hearing notice was mailed certified mail through the United States Postal Service to Mr. Flournoy address 627 NE 10th Pl. Gainesville, FL 32601. Mail was returned unclaimed to City Hall on December 6, 2016. On February 10, 2017 Code Enforcement Officer Wayne Carson hand delivered a new Non-Compliance Hearing notice to Mr. Flournoy at his resident at 627 NE 10th Pl. Gainesville, FL 32601. Notice of hearing was also posted on the property at 4091 NE 11th St. aka 31 NE 11th St. on February 14, 2017. Notice of Non-Compliance hearing was posted on February 10, 2017 at City Hall as well. At this time property still in non-compliance.

Staff recommends the following action:

In BACE Case CV16-13, I move to find the Respondent (and/or additional responsible party) guilty of non-compliance with the Board’s Order and impose a daily fine in the amount of $_____ (enter daily fine amount, not to exceed $250 for the first offense and not to exceed $500 for repeat offenses), from the (enter date from which you want fine to be imposed, may not be prior to the previously ordered compliance date) until property comes into compliance.

K.  NEW CASES –

1.  Code enforcement—case cv16-13

:

A.  Property Owner: Castle 2016 LLC

B.  Property Address: 418 SE 1st Ave.

C.  Original Violation Notice from City: November 1, 2016

D.  Deadline for Compliance: December 1, 2016

E.  Date Hearing Notice Mailed to Owner: February 10, 2017

CV16-38: On September 23, 2016, the Code Enforcement Officer noted that the property owned by Castle 2016 LLC located at 418 SE 1st Ave. was in violation of the City of Williston Code. Specifically, Section 48-5 which states that “It shall be unlawful for any owner of real property within the city to create, keep, maintain, or allow the existence of any unsafe building or hazardous land, as defined in this chapter, in or on such property”. The property owner was notified of these violations and instructed to address them as quickly as possible via a letter sent certified mail November 1, 2016 through the United States Postal Service. The letter was accepted November 4, 2016. As of February 6, 2017 the violations previously noted and photographed still exist. A notice of this initial hearing was mailed February 10, 2017 to the address on file via certified mail through the United States Postal Service and was accepted February 13, 2017. A notice of the hearing was posted at City Hall on February 10, 2017 and posted on the property on February 14, 2017.

Staff recommends the following action:

In BACE Case #CV16-38, I move to find the Respondent (and/or additional responsible party) guilty of the violation(s) as set forth in the Notice of Violation and give the Respondent (and/or additional responsible party) ______days to come into compliance by taking corrective action.

2.  Code enforcement—case cv16-31

A.  Property Owner: Lucia Rodriquez

B.  Property Address: 505 NE 1st St.

C.  Original Violation Notice from City: August 24, 2016

D.  Deadline for Compliance: September 22, 2016

E.  Date Hearing Notice Mailed to Owner: February 10, 2017

CV16-31: On August 22, 2016, the Code Enforcement Officer noted that the property owned by Lucia Rodriquez located at 505 NE 1st St. was in violation of the City of Williston Code. Specifically, Section 48-5 which states that “It shall be unlawful for any owner of real property within the city to create, keep, maintain or allow the existence of any unsafe building or hazardous land, as defined in this chapter, in or on such property”. The property owner was notified of these violation and instructed to address them as quickly as possible via a letter sent certified mail August 8, 2016 through the United States Postal Service. The letter was accepted August 29, 2016. Compliance date was September 22, 2016. As of February 6, 2017 the violations previously noted and photographed still exist. A notice of this initial hearing was mailed February 10, 2017 to the address on file via certified mail through the United States Postal Service and was accepted February 13, 2017. A notice of the hearing was posted at City Hall on February 10, 2017 and posted on the property February 14, 2017.

Staff recommends the following action:

In BACE Case #CV16-31, I move to find the Respondent (and/or additional responsible party) guilty of the violation(s) as set forth in the Notice of Violation and give the Respondent (and/or additional responsible party) ____ days to come into compliance by taking corrective action.

L.  OLD BUSINESS – Review open cases

M.  NEW BUSINESS –

NONE

N.  ADJOURN –.

-NEXT MEETING March 27, 2017

NOTICE:

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.