CEB Minutes 04-10-2008 - Laserfiche WebLink

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CITY OF CASSELBERRY CODE ENFORCEMENT BOARD MEETING APRIL 10,2008 PAGE 9 Discussion. Charlene Glancy asked Mr. Pusateri if there is ever anytime he leaves the van stacked with construction materials of any type. Mr. Pusateri stated that yes, in the past he had, but lately he will take the materials to the job and leave them at the job. When he comes home there is a place on the side of the house. Mr. Pusateri stated he has check with the neighbor and they have no complaints. Discussion. Mr. Glancy stated that with the new ordinance Mr. Pusateri would not be able to leave construction materials on top, the van as it is in the picture is what the Board would find acceptable. Mr. Pusateri stated he agreed. Discussion. Debra Babb-Nutcher, Assistant City Attorney advised that she would have a hard time defending this case ifit \vent to court, based on the testimony and pictures. This was Ms. Babb-Nutcher's opinion from a legal stand point, and that it is part of the Board job to determine the language. Ms. Babb-Nutcher gave the example of an overgrown lawn, the Board makes the decision whether or not the lawn is overgrown enough to find a violation. Ms Babb- Nutcher continued. Debra Pusateri, 1173 Park Drive asked the Board if the rack was painted black and looked more like a car top carrier would that be more imunable to the City. Mr. Henderson stated he didn't think that would make a difference. Mr. Brown gave testimony. Mr. Weekley asked Mr. Pusateri if the photos he submitted can be part of the City case file. Mr. Pusateri stated yes. Mr. McKernan asked Ms. Babb-Nutcher, Code Enforcement is looking for direction and the collective opinion that although this is an ordinance in this particular case it is a little bit extreme in nature due to the fact that they are defining a large vehicle solely by having accessory racks upon it. Mr. McKernan asked could they protect the ordinance with a finding of guilty could they then impose a fine of zero dollars per day. Ms. Babb-Nutcher stated she didn't think that would accomplish the purpose. They have the capability to do that and in her opinion they do have the ability to determine under this factual scenario the ordinance. She then stated again the she would have a hard time defending this one. Discussion. Kathleen A. Hale made a motion to find that Respondents in CEB Case # 08-00379 are not in violation of City Code, Section 3-10.9 A,1,C,3. Charlene Glancy seconded the motion.