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05-23-1988 Regular MeetingC7 • 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. 1 • • 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. 2 • 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. ~~ Edward/T~hitehead,Chairman ATTEST: ne Warren Planning & Zoning Technician 3