Code Board dismisses boat buoyancy complaint

One person’s treasure is another person’s alleged code violation.

Longboat Key Code Enforcement Officer Chris Elbon saw what he perceived as a sinking sailboat covered in vegetation behind a home in the 700 block of St. Judes Drive North as a potentially abandoned boat and a possible town code violation.

The owners of the boat, sisters Deborah Wisby-Trimmer and Jody Wisby, see a floating antique sailboat full of character that just needs some simple upkeep. They believe it’s worth saving and isn’t an eyesore to the island.

The Code Enforcement Board may not see the boat as a treasure, but they agreed that it’s not in violation of town codes. The board voted unanimously to dismiss an abandoned vessel code case at its Oct. 12 meeting.

Elbon responded to a complaint from a neighbor Sept. 4 regarding an abandoned boat “with a hole in the hull, vegetation growing from it and which appears to be abandoned or discarded” even though the boat is moored to the seawall behind the home at 759 St. Judes Drive N.

Elbon sent the owners a notice of the alleged violation Sept. 10.

A checkup of the vessel Sept. 21 revealed the boat was in the same condition, minus the fact that the vegetation growing out of the boat had been trimmed.

“It’s unlawful to abandon a vessel that may become a hazard to navigation,” Elbon reported to the Code Enforcement Board.

Elbon reported a new and up-to-date boat registration decal was also affixed to the boat when he reinspected the boat. 

While Elbon stressed the boat may constitute a violation, he also told the board its perceived ability to float is deceiving.

“At high tide, the vessel shows buoyancy,” Elbon said. “At low tide, the vessel may be resting on the bottom of the canal.”

Jody Wisby took to the podium to read a four-page letter her sister, Deborah, asked her to read aloud because she was at a doctor’s appointment.

“It’s an antique sailboat,” Jody read aloud. “It’s not sunk.”

The letter written by Deborah explained a neighbor she’s had issues with for years made the complaint, and they believe that neighbor is also responsible for damaging the hull.

“This case is outrageous and unfounded,” Jody said. 

When board Chairman Robert Krosney asked Elbon to state his opinion on the boat, he declined.

“I’m merely presenting my findings,” Elbon said.

Elbon, though, did mention he believes there are issues with the code and how it’s written for abandoned vessels.

“The language isn’t that clear in regard to vessels,” Elbon said. “Under the current code, I leave the interpretation up to the board.”

Krosney called the boat “not pretty.”

“But beauty may be in the eye of the beholder,” Krosney said. “This boat is moored to the seawall, doesn’t appear to be sinking and is floating at high tide.”

Krosney also noted the boat has a valid boat registration sticker.

“I don’t think you can call it discarded,” Krosney said.

Code board member Joel Mangel moved to dismiss the case, and the motion was approved by a 4-0 vote.

“It’s not out in the water being a menace to navigation,” said code board member Beverly Shapiro.