HomeMy WebLinkAboutHall, ChristopherCITY OF SEBASTIAN,
a Florida municipality,
Petitioner,
V.
CHRISTOPHER HALL,
Respondent(s).
3120210084655
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3491 PG: 887 Page 1 of 312110202111:36 AM
CONSTRUCTION BOARD
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND CONSTRUCTION BOARD ORDER
THE CONSTRUCTION BOARD IN AND FOR
THE CITY OF SEBASTIAN, FLORIDA
Case No.:
21-00002
Hearing Date:
December 6, 2021
Business Name:
SEBASTIAN
ALUMINUM/SHORELINE
SHUTTERS
Business Address:
105 SEBASTIAN
INDUSTRIAL PLACE#8
SEBASTIAN, FL 32958
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE Came on for public hearing before the Construction Board of the City of
Sebastian, December 6, 2021 after due notice to the Respondent, and based on the competent and
substantial evidence presented the Construction Board finds the following:
FINDINGS OF FACT
1. That Respondent, CHRISTOPHER T. HALL, d/b/a Shoreline Shutters and located at 105
INDUSTRIAL PLACE #8 SEBASTIAN, FL 32958.
2. That Respondent was properly notified of a disciplinary hearing before the Construction
Board through certified mail on 11/19121, hand -delivered on 12/l/2021 and posting at City
Hall.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND CONSTRUCTION BOARD ORDER
Page I of 3
3. This case was initiated as a result of a citizen(s) complaint that was filed with the Building
Department on June 21, 2021 regarding work performed at 589 Redwood Court in
Sebastian, for the following City of Sebastian City Code of Ordinance violations: 26-172
(1) - willful or deliberate disregard or violation of the applicable building codes of the city
and Florida Building Code 105.1 - Any owner or owner's authorized agent who intends to
construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -
resistant coverings, electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code, or to cause any such work to be performed, shall first make
application to the building official and obtain the required permit.
4. The Respondent, through its attorney, provided evidence and testimony of the alleged
violation(s), which was made part of the official record of this matter.
5. Building Official of the City of Sebastian appeared and presented competent substantial
evidence and testimony of the violation(s), which was made part of the official record of
this matter.
CONCLUSIONS OF LAW
I. The Respondent(s), Christopher Hall is a qualifier and d/b/a Shoreline Shutters and located
at 105 SEBASTIAN INDUSTRIAL PLACE #8 SEBASTIAN, FL 32958.
2. The Respondent(s) were given proper notice of the violations listed hereupon through
certified mail on 11/19/21, hand -delivered on 12/1/21 and posting at City Hall, and was
represented by an attorney who appeared before the Construction Board on December 6,
2021 to address the violations alleged.
3. A hearing was held on December 6, 2021 at which time the Respondent(s), through its
attorney, were given an opportunity to present all evidence and argument as to why such
conditions should not be declared a violation(s).
4. The Building Official of the City of Sebastian appeared and presented competent substantial
evidence of the violations, including photos, Notices, code and other evidence of service
and violation which are contained in the official record of this matter.
5. The Construction Board heard testimony, weighed evidence and found the Respondent to be
in violation of the following section(s) of the City of Sebastian's Code of Ordinances: 26-
172 (1), willful or deliberate disregard or violation of the applicable building codes of the
city and Florida Building Code 105.1, Permits Required.
6. The Board, based upon careful consideration of the evidence presented, and the
applicable provisions of the City of Sebastian Code of Ordinances the Construction Board
imposed the following penalties IAW Sec. 26-175 (d) of the Code of Ordinances of the
City of Sebastian: Administrative fine of $500.00 per incident and $100.00 for
investigative and costs for a total of $600.00.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND SPECIAL MAGISTRATE ORDER OR LIEN
Page 2 of 3
nlr6
SE CONSTRUCTION BOARD
- - FINDINGS OF FACT, CONCLUSIONS OF LAW
HOME OF PELICAN ISLAND AND CONSTRUCTION BOARD ORDER
1'1
1. Respondent(s) shall comply with City of Sebastian City Code of Ordinance 26-172 (1) -
willful or deliberate disregard or violation of the applicable building codes of the city and
Florida Building Code 105.1 - Permits Required.
2. Respondent is ordered to pay Administrative fine of $500.00 per incident and $100.00 for
investigative and costs for a total of $600.00 to be paid to the Building Department
pursuant to Sec. 26-175 (d).
3. Failure to obtain future permits where one is required will result in a disciplinary hearing
before the board to consider license suspension 26-175 (e) (1) or other penalties IAW 26-
175 (e).
4. This Order may be appealed by Certiorari with the Circuit Court in Indian River County
pursuant to City Code of Ordinance 26-175 (h). Such appeal shall not be a hearing de
novo, but shall be limited to appellate review of the record in this matter. An appeal shall
be filed within 30 days of the rendition of this Order.
DONE AND ORDERED this /12 day of Df r e i"ACi , 2021
CITY OF
A truand correct copy hereof was delivered to Respondents by hand delivery/certified mail this
nay of e.u.n, iff.r
, zo21.
Clerk, Bm
ing Department
Case No. 21-00002
Approved for form and legal Sufficiency
by the City Attorney's Office for the City of Sebastian
1225 Main Street, Sebastian, Florida
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND CONSTRUCTION BOARD ORDER
Page 3 of 3