05-23-1988 Regular MeetingC7
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CODE ENFORCEMENT BOARD
A special Code Enforcement meeting was called to order by
Chairman Edward Whitehead on May 23, 1988 at 7:30 p.m. Members
attending were Emma Higgins, Joseph Wiebush, William McKinney,
Edward Whitehead and Martin Wright. Member Nick Jones was
excused. Also attending were James McAllister City Planner,
Leonard Baird City Attorney and Jane Warren Planning and Zoning
Technician.
INVOCATION was offered by Rev. McKinney and followed by the
Pledge of Allegiance.
Mr. Whitehead introduced Case No. 88-09 and requested staff's
recommendation.
CITY OF CLERMONT
VS
BOB WADE
VIOLATION:
Conditional Use Permit (Resolution No. 574 and the Order issued
by the Code Enforcement Board on April 19, 1988.
LOCATION
Property located north of Quincy's Restaurant and east of Grand
Highway.
Mr. McAllister was sworn in and referred to a history outlining
the case dating back to December of 1984.
Mr. McAllister stated that he felt Mr. Wade has had ample time
to complete the reclamation project. Mr. McAllister pointed the
time allotted in the Order issued by the Code Enforcement Board,
May 16, 1988 has expired, and certification has not been
presented to the City.
Mr. McAllister advised the Board that Mr. Wade's engineer was not
willing to sign a letter stating compliance and completion to the
project.
Mr. Baird requested confirmation of the condition of the
Conditional Use Permit which requires certification by a
licensed engineer.
Mr. McAllister quoted the following from the Conditional Use
Permit (Resolution No. 574).
"The permittee shall submit to the City Engineer a site
reclamation plan prepared by a registered engineer, and
approval must be obtained from the City Engineer before work
can begin. A registered engineer shall certify to the City
that the final reclamation plan and all conditions of this
permit have been met within sixty (60) days from the date of
this Conditional Use Permit".
Mr. McAllister recommended immediate compliance on the project
and suggest if certification of the project could not be
presented that the a fine be issued retroactive to the May 16,
1988.
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Mr. Wade and his engineer Mr. Robert Ring were present and sworn
in by the clerk.
Mr. Baird asked Mr. Wade if it were true that certification of
reclamation of the project had not been presented to the City as
of this date. Mr. Wade confirmed that the City did not have
written certification but did advised the Board that the site was
in compliance and upon inspection by his engineer, such
documentation would be forwarded to the City.
Mr. Robert Ring stated he had prepared a plan for erosion control
along a particular route on the site that was used to transport
fill material. Mr. Ring informed the board that he was not aware
of the plan accepted by the City or of conditions stated in the
Conditional Use Permit, but that he was willing to supply the
City with a letter of certification stating that the intent to
the plan as far as abadinq erosion has been satisfied.
Mr. Ring proceeded with a slide presentation showing the
reclamation of the project.
Speaking on behalf of the Board Rev. Ivey informed Mr. Ring and
Mr. Wade as far as viewing the presentation the Board did not
have the authority to make any decision upon observation of the
site. Mr. Ivey stated it was the responsibility of the Board to
act on the violation which is, lack of certification of
reclamation.
Rev. Ivey asked Mr. Ring if Mr. Wade had informed him of any of
the conditions of the Conditional Use Permit. Mr. Ring advised
him, he had not.
Mr. Wade emphasized that the site has had numerous changes and
many proposed projects have come and gone. Mr. Wade spectulated
about the future development of the site and stated the site as
it exists today is temporary in nature.
Mr. Ivey asked Mr. Wade if he was not aware of the fact that he
would be required to submit a signed letter from a certified
engineer stating compliance. Mr. Wade stated he was not aware of
such a requirement.
Mr. Baird advised the Board that Resolution NO. 574 required
certification from a licensed engineer to the City.
Rev. Ivey reminded Mr. Wade that he had suggested at the April
19, 1988 meeting, that he would be able to obtain a letter of
certification within in ten (10) days.
Mr. Wade replied it was his intent to have his engineer and the
City's engineer meet as soon as possible after that meeting and
verify compliance.
Mr. Ben Blackburn, surveyor of the site, was present and stated
he felt Mr. Wade has tried to comply substantially with the plans
and the additional requests made by the City. Mr. Blackburn
stated it was his opinion that the conditions of the reclamation
plan have been met.
Mr. Baird reiterated that the Board only recourse in order to
determine if compliance has been met according to the approved
plan is to obtain certification from a license engineer.
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After a brief discussion a motion was made by Rev. Ivey to
imposed the following:
1). A fine of seventy-five dollars ($75) a day shall be
imposed retroactive from April 19, 1988 to May 23, 1988.
2). A fine of one hundred and fifty dollars ($150) a day
shall be imposed as of May 24, 1988 to May 31, 1988.
3). A registered engineer shall certify to the City that
the final reclamation plan and all conditions of the
Conditional Use Permit have been met, no later than
May 31, 1988.
4). If certification has not been provided by May 31, 1988,
a fine of two hundred and fifty (250) dollars a day
shall be imposed until such documentation is presented
to the City.
The motion was seconded by Rev. McKinney and approved by
unanimous vote.
There being no further business the meeting was adjourned.
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Edward/T~hitehead,Chairman
ATTEST:
ne Warren
Planning & Zoning Technician
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