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1984-09-18 ~8 MINUTES OF THE MUNICIPAL CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE 4 SEPTEMBER 18,1984 Hearings of the municipal code violations were held by th Okeechobee Municipal Code Enforcement Board in the Council Chambers at City Hall September 18, 1984. Vice Chairman Kuhlewind called the meeting to order at 7:00 P. . Vice Chairman Kuhlewind asked secretary Castorina to call the roll with the following results: Nick Collins - Present Deara Thompson - Present Robert Ridley - Present Lloyd Jeffers - Absent - Excused with consent Blair Kuhlewind- Present Jerry Walker - Present Tommy Hoover - Present Others present were: Building and Zoning Administrator, Malle te WEstbrook; City Attorney, David Conlon and Secretary, Beatrice Castorina. APPROVAL OF MINUTES Vice Chairman Kuhlewind asked if everyone have received t e minutes of August 21, 1984 meeting. He stated if the board have found the minutes correc and had no questions, the chair would entertain a motion the minutes stand approved as present Member Walker so moved. Seconded by member Collins. Motion carried. PRESENTATION OF CASES Vice Chairman Kuhlewind asked Code Enforcement Officer to present his cases. DISMISSAL OF CASES Mr. Westbrook request the following cases be dismissed be ause all are in compliance. 126-83 James & Pearl Singleton and Roosevelt Butler 79-84 Maudie;s Flowers - Maudie Earnest 86-84 H & H Aluminum - Paul Howell 78-84 The Truck Stop - Keith Anderson Member Thompson moved to dismiss cases listed above. Seconded by member Collins. Motion carried CONTINUED CASES Mr. Westbrook requested the following cases be continued. 51-84 Bill Acre and Rudolph Hooks 97-84 Roosevelt Butler 98-84 Glenn Lamb Member Collins moved to continue cases listed above. Seconded by member Walker. Motion carried. CASES PRESENTED 91-84 Lorenza and Javita Williams In violation of sanitary code Mr. Westbrook stated Mr and Mrs Williams have not fixed t e drain fields. Attorney Dennis Fittin was in the audien-e representing M . and Mrs. Williams. Mr and Mrs Williams were out of town and could not be at the meeting. t Mr. Fittin, Mr. Westbrook and Mr. Upham went into an offi e to see if they couldn't work out something on this matter. Mr. Westbrook advised the board Mr. Fittin was trying to et in touch wi th Mr. Williams by phone and in the mean time the board could act on the next . tern. ~ 65-84 J.J. Zayti In violation of temporary use permit. Mr. Westbrook advised the board that Mr. Zayti was given 30 day permit to set up a e mobile unit as a office on N.W. 9th Street. He was advised a that time that during the 30 days he would have to made application to the Planning and Zoni g Board in order to leave the mobile there longer than 30 days, which they could then give h 'm up to 180 days. The Zayti group did not submi t anything to the building department until hree or four weeks ago to go before the board. By that time the six months had expired. Mr. Westbrook advised the board Mr. Zayti went before the Board last Tuesday and the Planning and Zoning board denied the request application for 1 o days because the time had expired. Dave Cutler was sworn in by the secretary. Dave was repr senting J.J. Zayti. Mr. Cutler stated the trailer has been there for 180 days and they wanted to go back to the Planning board and ask for another 180 days. He stated they are going to bui d on this property, but wanted to wait to see what kind of building they would need. Mr. Westbrook advised Mr. Cutler that the trailer could b used as a construction office if the plans be submitted to the building department for const uction on a permanent structure. Mr. Westbrook asked for a continuance of two (2) weeks to get plans submitted to the building department and for construction to start. Mr. Cutler asked for 30 days to get the plans together. Member Thompson stated she thought two weeks is ample tim . After discussion member Thompson withdrew the two weeks and moved to give 30 day conti uance. Seconded by member Walker. Motion carried. 91-84 Lorenzo and Javita Williams The board recalled case 91-84 back for review. Mr. Westbrook advised the board Mr. Williams owned three 3) dup1exs in the 900 block on NW 10th Street. He stated the septic tanks were overflowing i to the rear of the yard and ditch wi th raw sewage. He stated they attempted to correct the prob em, but all they did was dig up the beds and put new rock and pipe and covered it with tar pap r. This didn't correct the situation. he stated he asked the Health department to check he problem out on several occasion L.C. Fortner and Wes Upham were sworn in by the secretary L.C. Fortner, Director of Public Works testified first. He stated Qncomp1aints from the neighborhood, wanting the city to clear the alley and mow, he ound the problem. He stated he sent the street department to clear the alley and they found t e alley to be standing in water and after investigation they found the water was coming from t e septic tanks. With the rains we were having we made a trench in the alley to the ditch to r lease as much water as possible. When the rain ceased the alley continued to stay wet with the eptic tanks overflowing contri- buting to the alley overflowing on 9th ~venue. He advised the board the alley was to soft and wet and the street department couldn't get the machinery in to clean it. Attorney Conlon asked Mr. Fortner if it would help if the alley could be cleaned. Mr. Fortner stated no. Attorney Conlon asked if there were other houses in this area and if they has the same problem. Mr. Fortner stated there were houses, b t to his knowledge they had no problems. Attorney Conlon asked if there was something wrong ith the septic tanks like the way it was set or the age. Mr. Fortner stated that his oponio was the volume of water being e placed into the three septic tanks from the six apartments. rf10wing is it coming through the Vice Chairman Kuh1ewind asked when the septic tanks is ov ground or up and over the ground. Mr. Fortner stated the end f the drain field have been un- covered allowing the water to flow up through the ground level and to across the top ground to the alley. 0 Attorney Conlon asked if he saw raw sewage. Mr. Fortner tated no he haven't seen raw sewage. Attorney Conlon asked if there were an odor. Mr. For ner stated some, due to the wet conditions. - Mr. Wes Upham was next to testify. Mr. Upham is from the Health Department and he stated he as called to look into the problem in June 1984 and found the drain fields open. He stat d there were three individual septic tanks of 1050 in size. He stated he found liquids comi g out of the septic tanks. He stated the drain dields had been torn up. The orginial gra el had been removed and block had been removed and new put in. He stated he notified Mr. W 'lliams and told him the problem had to be corrected. Mr. Upham stated he talked to Mr Williams and told him that some action needed to get started to remove the imprevious materia s, which is holding the water and not letting it perk through. He stated he inspected it last w ek and action was being taken on this problem. They were putting concrete block in the drain nd gravel was put on the top of th block. Attorney Conlon asked Mr. Upham if a health hazard exi t on this property. Mr. Upham stated with is personal inspection there is a health hazard on the property. Mr. Fittin stated Mr. Williams is concerned with the heal h problem and he has attempted to correct the problem, and will get it done if given the time Mr. Westbrook stated he would like the health department o make a recommendation and he would go along and respect what ever they say. Mr. Upham stated th~1~~~uires that for a building to be h bitable, it is to have water and sewage and expedience is necessary in this matter. Member Thompson stated she thought this is a city problem and the neighborhood involved with this problem should be protected by the City. Attorney Conlon recommended that this be continued for se en days and if Mr. Westbrook determine~ the board need to meet again, then the board will m et in seven days to consider the case. Mr Westbrook request a continuance on case #91-84 f r a period of eight days with work to commence at that time if not the board will again meet after eight days to consider the case. Member Thompson moved to continue case #91-84 to enable t e problem to be corrected. Seconded by member Walker. Motion carried. ADJOURNMENT There being no further business to come before the board, member Walker moved to adjourn. Seconded by member Thompson. Motion carried. meeting adjourn d at 8:20 P.M. Blair K hlewind, Vice Chairman Code En orcement Board City of Okeechobee ATTEST: -7 ¿~ Aß~~ Beatrice Castorina, Secretary Code Enforcement Board t City of Okeechobee THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK' OFFICE.