City of Layton
CODE ENFORCEMENT BOARD
HEARING
Thursday, September 22, 2011
Layton, Florida
MINUTES
I.CALL TO ORDER
Chairman James Tynancalled the meeting to order at 7:05 p.m. followed by the pledge to the flag. Philip “Skip” Haring, Administrative Assistant to the Mayor, gave the invocation.
II.ROLL CALL
Chairman James TynanPresent
Octavio BetancourtPresent
Alternate Susan GrantPresent
Alternate William Murchie Present
Al GreulichAbsent
Charles MaclarenAbsent
Thomas DudderarAbsent
Staffpresent were: Skip Haring, Administrative Asst. to the Mayor, City Attorney,Theron Simmons,City Clerk,Mimi Young, Code Enforcement Officer, Charles Dalton and,Attorney for the Code Enforcement Board, Jack Bridges.
III. APPROVAL OF AGENDA
William Murchie made a motion to approve the agenda. The motion was seconded and approved unanimously.
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City of Layton Code Enforcement Board Hearing of Thursday September 22, 2011
IV. OATH OF OFFICE
The Oath of Office was taken by all Code Enforcement Board Members present: Chairman James Tynan, Octavio Betancourt,Susan Grant, and William Murchie. The oaths were witnessed by the City Clerk.
Oaths weremade by the witnesses to include Charles Dalton, Skip Haring, Mark Parmenter, Burt Keil and MCSO Officer Abroe to tell the truth and nothing but the truth and were witnessed by the city clerk.
V. CONSIDER AND TAKE ACTION ON
A request for a hearing submitted by City of Layton Code Enforcement Officer regarding a nuisance complaint received on September 4, 2011 against the property owner of 117 South Layton Drive in reverence to the City of Layton Code of Ordinances- Section 126-112 Nuisances; “No use shall be made of any property within any zoning district that shall in any way be offensive or noxious by reason of the emission of odors, gases, dust, smoke, vibration or excessive noise, nor shall anything be constructed or maintained in any zoning district that would in anyway constitute an eyesore or nuisance to adjacent property owners, residents, or to the community.
The Defendant “Reglo B Abreu” was not present at the hearing. A Certified mailing of the Notice of Hearing was sent to Mr. Abreu via USPS on September 7, 2011 by the City Clerk however the clerk has not received back the return receipt at the time of the hearing. Both attorneys agreed that proper procedure were made and the hearing could continue without Mr. Abreu’s presence.
Two letters were received by the city from citizens, Juan Garcia of 133 Zane Grey Creek Drive and Greg Lewis of 131Zane Grey Creek Drive, attesting to the nuisance of loud music.
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City of Layton Code Enforcement Board Hearing of Thursday September 22, 2011
Chairman Tynan recused himself from the hearing since he was affected by the nuisance personally. Octavio Betancourt served as Chairman overseeing the proceedings.
Testimony was heard from Charles Dalton, Skip Haring, Officer Abroe, Mark Parmenter and Burt Keil.
The Code Board discussed the testimonies and asked questions to determine if proper procedures were taken. They were satisfied that proper procedures were taken.
The Code Enforcement Board’s Attorney, Jack Bridges asked the board to vote on the motion of Guilty or Not Guilty.
Roll Call was taken:
Chairman James TynanRecused (no vote)
Octavio BetancourtGuilty
William MurchieGuilty
Susan GrantGuilty
The motion passed.
A second motion was requested by the Code Enforcement Board’s Attorney, Jack Bridges for the board to vote on imposing a fine for the violation. The fine was determined to be $250.00.
Roll Call was taken:
Chairman James TynanRecused (no vote)
Octavio BetancourtYes
William MurchieYes
Susan GrantYes
The board directed the City Clerk to send documentation of the hearing as well as notification of the $250.00 fine to the defendant Mr. Reglo Abreu.
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City of Layton Code Enforcement Board Hearing of Thursday September 22, 2011
VI.ADJOURNMENT
Octavio Betancourt made a motion to adjourn the Code Enforcement Board Hearing. The motion was seconded. All were in favor. The City of Layton Code Enforcement Board Hearing of Thursday September 22, 2011 at 8:05pm
Respectfully submitted,
Mimi Young
City Clerk
This is to attest that these are the true minutes of the City of Layton Code Enforcement Board Hearing of Thursday September 22, 2011
Respectfully submitted,
Mimi Young
City Clerk
City of Layton