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Date of Issue: October 22, 2008

BB updating code enforcement rules

/10-22-08/bb-code.jpg

Bradenton Beach city commissioners approved the first reading of an ordinance allowing police officers to issue certain civil citations to be reviewed by a special master.

“There are a handful of violations that occur on a frequent basis,” said city attorney Ricinda Perry. “It’s appropriate to use a citation-type format.… So we’ve modified the ordinance.”

Officers would issue citations for loud noise, open containers of alcohol and animal violations that do not involve endangered species.

“A violation of any code or ordinance regulating or related to noise, open containers, or any animal not considered to be an endangered species may result in the assessment of a civil penalty by citation up to $100 per offense,” the ordinance states.

A second offense, if it occurred within two years of the first, could result in a $250 fine.

In other business during the Oct. 16 meeting at city hall, commissioners:

• Approved the first reading of an ordinance intended to bring the city’s public beach hour regulations in line with the county’s. (See separate story.)

• Approved, in a 3-0 vote, the first reading of an ordinance for a quit-claim deed from the city to the Sandpiper Resort Co-op. (See separate story.)

• Continued until 7 p.m. Nov. 6 the first reading and public hearing on a sign ordinance to remove content-driven restrictions.

• Authorized the police chief to work with Perry on revising regulations related to the Historic Bridge Street Pier.

The last ordinance drafted for the pier was adopted in 1978, said Bradenton Beach Police Chief Sam Speciale.

“With the changes at the pier, we obviously need to update,” he said.

Commissioner Janie Robertson suggested that the ordinance needs to be massively realigned.

• Remanded to the board of adjustment a case challenging the city’s issuance of an occupancy certificate for 2201 Gulf Drive.

The BOA had reviewed a complaint from Cynthia Dagher and Mark Mixon and found that the couple did not meet the city’s 30-day requirement for a timely appeal.

Based on recent court decision in a similar city case that said an appeal need not be entirely complete to be timely, city attorney Ralf Brookes recommended the commission ask the BOA to review the case on its merits.

The commission vote to remand the Dagher/Mixon complaint to the BOA was unanimous.

• Approved a resolution adding a new class to the solid waste and recyclables collection fee-schedule — Class No. 32 covers commercial business, retail, office, residential, condominium, hotel and motel and sets a $1,456 annual fee for collection of recyclables.

Public works director Tom Woodard said the new classification was created for properties that contract for sanitation with Waste Management Inc. or another trash hauler, but that want to hire the city to collect recyclables.

The BeachHouse Restaurant, 200 Gulf Drive N., has indicated interest, he said.

• Approved banner sign applications from the Anna Maria Island Art League for ArtsHop in November, Winterfest in December and Springfest in March 2009.

• Approved a special event application for the 14th annual Wildlife Rehab and Education Arts and Crafts Show at Coquina Beach from 10 a.m. to 4:30 p.m. Jan. 17-18 and March 14-15. The event will benefit Wildlife Rehab and Education Inc. in Bradenton Beach.

• Renewed a maintenance contract for the police department’s reporting software for $1,546 a year.

• Took no action on a request to advertise for a part-time project-program department administrative assistant with a year salary not to exceed $5,450.

The commission discussed the request and agreed not to spend the money on a new hire, although the expense is budgeted.

“Just because the money is budgeted doesn’t mean we have to spend it,” Commissioner John Chappie said. He added, “We need to make every nickel scream.”

“Times are tough,” said Commissioner John Shaughnessy, pointing out that city staff did not receive a cost-of-living increase and will not receive merit raises in the 2008-09 budget.

• Took no action on a $3,000 bid from Johnsen’s Out of His Tree Inc. to trim 21 Australian pines at Herb Dolan Park and Children’s Park.

Commissioners and the mayor also agreed that the tree-trimming was an unnecessary expense.

• Approved payment of a $3,202.05 invoice from Williams Testing for cleaning, inspecting and maintaining city stormwater catch basins.

• Approved payment of a $1,005 invoice for tire work on a 1999 garbage truck.

• Approved payment of a $1,426 invoice for repairs to a 1998 Ford Expedition used by the public works department.

• Approved payment of a $11,921 invoice from M.T. Causley for building department services.

The city commission’s next meeting will be at 7 p.m. Nov. 6.

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