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2005-9-13451 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD SEPTEMBER 13, 2005 SUMMARY 1 of 4 11 AGENDA III CODE BOARD ACTION II A. CALL MEETING TO ORDER B. PLEDGE OF ALLEGIANCE. C. BOARD MEMBERS ATTENDANCE: Chairperson Mack Worley Vice -Chairperson Jamie Gamiotea Member Frank Irby Member Marsha Montesi Member Andrea Nelson Member Rennae Sweda Member Bea Castorina Alternate Penny Revels Alternate Heather Hancock STAFF ATTENDANCE: Attorney John Cook Code Enforcement Officer Sammy Hancock Code Enforcement Officer Fred Sterling Code Enforcement Officer Herb Smith Secretary Sue Christopher D. Motion to dispense with the reading and approve Summary of Board Actions for: August 9, 2005. September 13, 2005 Code Enforcement Board meeting was called to order at 7:10 p.m. by Chairperson Worley Present Present Present Present Absent with consent (Penny Revels filled the seat for Member Nelson) Present Present Present Present Absent with consent Present Present Present Present Member Montesi moved to dispense with reading and approve Summary of Board Actions for August 9, 2005; seconded by Member Sweda. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Motion Carried 1 13.2005 - CEB Regular Meeting - Page 2 of 4 452 AGENDA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY' S AGENDA. 05-218 Marvin Brantley Ch 30 Sec 30-40(2) 1811 - 1905 S. Parrott Ave. Emergency vehicle access lanes 1 CODE BOARD ACTION There were no request for the addition, deferral or withdrawal of items on today's agenda. Code Officer Herb Smith gave testimony that Case# 05-218 was in violation of Sec 30-40(2) which requires this property to have lanes every 100 feet at least 30 feet in width to permit fire and emergency vehicles access to the interior of the property. Code Officer Smith stated he was particularly concerned about the possibility of LP tanks and toxic fumes that would present a serious threat to the safety and welfare of the public. Steve Brantley addressed the board on behalf of his father Marvin Brantley. He stated his emphasis was on cleaning the front of the property and installing a fence first. Then work would begin on the fire lanes. He told the board that a fence had already been installed with a fifty foot set back and three gates. Member Gamiotea asked how much time he felt would be required to complete the fire lanes. Mr. Brantley said approximately one week to finish cleaning the front and then another two to three weeks to finish the fire lanes. Chairperson Worley stated he was concerned the Code Board would negotiate with Mr. Brantley to help him solve his problem instead of enforcing the Code in order to protect the health and safety of the community. Code Officer Smith informed the Code Board that Attorney Cook told him they had two options. The first was not to take any action and the second was to make a motion to recommend to the City Council for them to take the steps necessary to bring the property into compliance to ensure the public health and safety. Member Irby commented that if the Board did take action at this meeting it would probably be approximately thirty days before arrangements could be finalized for the work to actually be done. Member Sweda felt a lot of work had been done and she didn't believe the City would want to take on this project unless there were no other alternative. She said in her opinion an incredible amount of work had already been done and getting the property in compliance was the goal of the Code Board. Member Gamiotea suggested the Board consider some way to start the process but still allow a time frame for Steve Brantley to have an opportunity to finish the work. After further discussion Member Irby moved to find Case #05-218 in violation of Sec 30-40(2) and to declare the property a safety hazard and nuisance; seconded by Member Gamiotea. 453 September 13. 2005 - CEB Regular Meeting - Page 3 of 4 AGENDA III CODE BOARD ACTION Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Motion Carried At this time Code Board members discussed whether further action was necessary by the Code Board in order for the City to take the steps needed to clear fire lanes on the property. Member Montesi moved Case 405-218 has been found in violation of Sec 30-40(2) and that he be given 45 days to come into compliance. If not in compliance on 46' day this case would be sent directly to City Council for action; seconded by Member Gamiotea. After further discussion Member Montesi withdrew her motion and no vote was taken. Member Gamiotea moved Case #05-218 has been found in violation of safety and health issues and to recommend to City Council they immediately begin to procure bids or make a plan of action to clear fire lanes and on the 31 st day from the City Council meeting that plan would be executed if property is not in compliance; seconded by Member Revels. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Motion Carried Chairperson Worley briefly reviewed the cases under fines and stated no further action would need to be taken on these cases at this time 13. ZUUS - C EB 4 of 4 454 AGENDA ADJOURNMENT - CHAERPERSON WORLEY. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are for the sole purpose of backup for official records of the department. "(, Mack Worley, Chairpers ATTEST: 4Sec Sue Christopher 77 LI CODE BOARD ACTION There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:20 p.m. The next regular Code Board Meeting is scheduled for Tuesday, October 11, 2005.