SEBASTIAN — The Sebastian City Council has unanimously decided to arm its Code Enforcement officers with an ordinance that will allow them to tackle the issue of junk piling up in carports and porches throughout the city.
Those failing to clean up could face fines or liens, but they would have the opportunity to plead their case before the Code Enforcement Board.
“One man’s trash is another man’s treasure,” Councilwoman Andrea Coy said during the discussion of the ordinance last week, adding, “That’s personal opinion.”
There was some concern that a resident’s choice in lawn décor could be construed as “junk” instead of “art.”
That argument could be made in front of the board for a determination in the event a homeowner disputes a Code Enforcement Officer’s findings that the materials within the carport or non-enclosed porch were junk.
Prior to the new ordinance, Code Enforcement could not cite homeowners for trash, debris or junk stockpiling in their carports because carports were given the same treatment as garages.
The difference, however, is that garages are fully enclosed with three walls and a garage door. Carports have no door and often have open side walls.
“You can have all the junk you want,” said City Attorney Robert Ginsburg. “So long as it’s fully enclosed.”
Mayor Jim Hill repeated a question he has heard from some residents – whether the new ordinance would ban boats or RVs from being stored in carports.
The ordinance does not prohibit useable boats or RVs from being stored – only derelict boats or RVs that are no longer functioning.
Sebastian resident Nick Episcopo spoke in favor of the proposed ordinance, telling the City Council that Code Enforcement should have the power to enforce the rules.
“Whatever you do on your property affects the whole neighborhood,” he said.
Episcopo also recommended that the council expand the ordinance to include more power for Code Enforcement to handle homes that are in dire need of paint, been abandoned or need to be knocked down.
The council, for the time being, was prepared to move forward only on the proposed ordinance.
City Manager Al Minner told the Sebastian City Council that enforcement would follow the same procedures as other issues under the nuisance code.
First, residents would be notified that they have a code enforcement violation and a set amount of time to resolve the issue. Then, if the issue is not resolved in the time allotted, Code Enforcement would issue a citation. The city could then take on the clean up itself and place a lien on the property to cover the cost. The homeowner would have an opportunity to go before the Code Enforcement Board to address the citation.
The photo associated with this article is courtesy “Get it Done” on flickr.com
