CITY OF BELLEVIEW CODE ENFORCEMENT HEARING MINUTES Belleview City Hall Commission Room 5343 SE. Abshier Blvd. April 25, 2023 5:30PM Chair PAMELA MOORE Member KELLY BARTHLOW Member DENNIS MIKSA Member RICK SCHERER Member NANCY GOLDMAN ROLL CALL OF MEMBERS: Present Members: Miksa Scherer, Goldman, Barthlow, Chair NOTICE/PUBLICATION OF THE MEETING: Ms. Earwood confirmed the meeting had OVERVIEW OF MEETING PROCEDURES: Chair Moore read the overview ofn meeting Moore. been properly posted. procedures. APPROVAL OF MINUTES: 03/28/2023 Motion made by Member Miksa to approve the 03/28/2023 minutes as presented; Seconded by Member Scherer. Motion was by roll call vote. Ayes: Goldman, Scherer, Barthlow, Miksa, Moore SWEARING IN OF CODE ENFORCEMENT OFFICER CEO O'Neill was sworn in by Ms. Earwood. NEW BUSINESS Case # EN21-0057 - King CEO O'Neill presented the case to thel board. Mr. Joel King was sworn in by Ms. Earwood and spoke on his own behalf. An non-City resident was sworn in by Ms. Earwood and presented his own testimony. Motion made by Member Miksa that the Board finds that the Code Enforcement Officer's Finding of] Facts have shown by aj preponderance of evidence based upon the testimony, case documentation, and discussion oft the Board tol be valid; Seconded by Member Barthlow. Motion was by roll call vote. Ayes: Goldman, Scherer, Barthlow, Miksa, Moore Motion made by Member Goldman that based upon the testimony, case documentation, and discussion, the Code Board finds that Louvenia King, Gregory King and Joel King, owner of property located at 4801 SE 102ND Place, Belleview, FL (Parcel ID# 37034-000-00) violated the following City of Belleview Code of Ordinances, as referenced in the findings of fact: Article IV Unsafe structures Sec. 22-40; Seconded by Member Scherer. Motion was by roll call vote. Ayes: Miksa, Goldman, Scherer, Barthlow, Moore Motion made by Member Miksa to order the following corrective action: 1. Assess ai minimum Code Enforcement fee of$350.00 for City expenses incurred in this 3. Ifthe property is not maintained as required per codel by City of Belleview Code of Ordinances Article IVI Unsafe Structures Sec. 22-40, staffi is directed to request funds from the City Commission on behalfofthe Code Enforcement Board to correct all violations. All costs incurred by the City are tol be placed on the property as a lien until case plus attorney fees for this hearing. 2. Obtain proper permits and remove mobile home. paid with maximum fine to be $5,000.00. Seconded by Member Goldman. Motion was by roll call vote. Ayes: Miksa, Goldman, Scherer, Motion made by Member Goldman that the Board finds that the Code Enforcement Officer's Finding ofl Facts have shown by aj preponderance of evidence based upon the testimony, case documentation, and discussion of the Board tol be valid; Seconded by Member Barthlow. Motion Motion made by Member Goldman that based upon the testimony, case documentation, and discussion, the Code Board finds that Louvenia King, Gregory King and Joel King, owner of property located at 4801 SE 102ND Place, Belleview, FL (Parcel ID# 37034-000-00) violated the following City of Belleview Code ofOrdinances, as referenced in the findings of fact: Article II Sec. 38-32; Seconded by Member Miksa. Motion was by roll call vote. Ayes: Miksa, Goldman, Barthlow, Moore. was by roll call vote. Ayes: Goldman, Scherer, Barthlow, Miksa, Moore Scherer, Barthlow, Moore Motion made by Member Goldman to order the following corrective action: 1. Assess a minimum Code Enforcement fee of$350.00 for City expenses incurred in this 3. A fine of $250.00 per day will be assessed starting 90 days from the date of signed order 4. Ifthe property is not maintained as required per code by City of Belleview Codeof Ordinances Article II Sec. 38-32, staffi is directed to request funds from the City Commission on behalfoft the Code Enforcement Board to correct all violations. All costs incurred by the City are to be placed on the property as a lien until paid with maximum case plus attorney fees for this hearing. ifviolations are not corrected. 2. Remove all rubbish from property to include and tent encampment fine to be $5,000.00. Seconded by Member Scherer. Motion was by roll call vote. Ayes: Goldman, Scherer, Barthlow, Miksa, Moore OLD BUSINESS Case #EN23-0014-Tumer CEO O'Neill presented information to the board concerning the property's continued violation and requested the fines established in the Code Board Order bei imposed. Ms. Turner was not present. Motion made by Member Scherer impose the fines as established in the Code Board Order. 1. Access a fine of $250.00 per day starting April 14, 2023. 2. Ifthe property is not maintained as required per code by City of Belleview Code of Ordinances Division 4. Sec 134-111, Division 3, Sec. 134-491, and Florida Building Code 109.4, staffi is directed to request funds from the City Commission on behalfof the Code Enforcement Board to correct all violations. All costs incurred by the City are to be placed on the property as a lien until paid with maximum fine to be $5,000.00. Seconded by Member Miksa. Motion was by roll call vote. Ayes: Goldman, Scherer, Barthlow, Miksa, Moore BOARD COMMENTS: None STAFF COMMENTS: CEO O'Neill informed the board that the City's contracted CEO tooka a permanent position with the City ofDunnellon. SafeBuilt is working to find a replacement. In Development Services Director Chancey updated the Board on the City's search for a magistrate. the meantime, code enforcement will be on a reactive basis. ADJOURNMENT: The meeting was adjourned by Chair Moore at 7:05 pm. Attest: Development Services Director BRae Dany