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HomeMy WebLinkAboutNotes read at December 11, 2012 Meetingbecember 20, 2012 City Manager, Mayor and City Council: Enclosed please find two pages of notes that I read verbatim to the Code Enforcement Board on December 11, 2012 in regards to a City citation regarding "NO TRESPASSING" signs on my property. The City codes limit these signs to 3 per property but the Florida State Statutes and Florida Law require at least I sign at each corner of the property which would indicate at least 4 signs per property in order to have law enforcement enforce the law. The City attorney's opinion to the Code Enforcement Board was that the City's codes supercede Florida State Law and Florida State Statutes. In addition the City attorney gave an opinion that a special exception in a commercial zone for residential use that this exception changes the commercial zoning classification as far as the City's enforcement of the codes are concerned. I disagree with these two opinions and so do three attorneys who I have consulted. I am requesting that the City request an opinion of the Attorney General. If I am required to abide by the City codes in order not to be fined then I would be unable to legally post my property against trespassers. Law enforcement would be unable to enforce the law. As a result I would have no recourse but to bold the City respon- sible for any damages or injuries on my properties. I trust you will consider my position. I am caught in between the City codes and the Florida State Law. Please consider this matter and send me a response prior to the initiation of my fines in January 2013. I am Charles W. Pindziak and I am the owner of the parcels of property before this Board indicating a violation of the City Codes by the posting of my "NO TRESPASSING" signs. ,1,iccording to Webster: Trespass is ,to invade the property, rights, or person of another without his or her consent and with the actual or implied commission of violence, esp. to enter onto another's land illegally. I believe a person has the right to protect their property and prevent people from trespassing on their land. The City has cited me for having more than 3 "NO TRESPASSING" signs on my residential property. The state law Chapter 810.011 paragraph 5 states: "Posted Land" is that land upon which: signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words, "NO TRESPASSING" and in additionthereto the name of the owner, lessee or occupant of said land. Said signs sball be placed along i the boundary line of posted land in a manner and in such position as to be clearly visible from the outside boundary. Early this year I met with Sgt. Picus of the Brevard County Sheriff's Department along with 3 other deputies at the properties in question today. He instructed me after he called an attorney as to how the property was to be legally posted as indicated above in order for the Sheriff's Department to arrest any trespassers. A "NO TRESPASSING" sign at each corner indicates at least 4 signs and the city codes limit you to 3 signs. In addition I have been cited for the signs being more than 4 feet high in residential areas. Please note that Lot 16, Block 3 is a commercial lot next to the Straw Hat Club. A special exception permits me to provide residential units but this does not change the commercial zoning therefore the signs can be 8 foot high. As far as the 4 foot height in the residental lots there is a problem because if you have a 6 foot wall or fence separating your property from the adjacent property a 4 foot sign would not be visible from the other side and therefore your property would not be legally posted because the sign wouldn't be seen. In January of this year I had my signs about the 4 foot height. By April 7 signs were removed in that 4 month period. People object to not be able to walk on vacant property especially by the Straw Hat Club. In May I raised the sig'ns to 8 foot and since then not one was removed allowing me to legally p, post my land. I am placed in between the City Codes and the Florida Statutes which give me protection in allowing the Brevard County Sheriff's Department to enforce the "NO TRESPASSING" laws. Earlier this year when I met with Sgt. Picus at the properties there were several issues involving people living on the properties, several times there was criminal mischief involving graffiti;and on one occasion a fire was started near residences and had to be extinguished. I have signed all the Sheriff's department documents in order to have them enforce the law. I don't think that when the City sign ordinance was placed into the Code, that consideratior, was given to the law and "NO TRESPASSING SIGNS". One way to correct this problem is to add to Section 94-4 "Exemptions to the Sign Code". At present there are 12 exemptions. Another exemption could be added.