HomeMy WebLinkAboutHall, MathewCITY OF SEBASTIAN,
a Florida municipality,
Petitioner,
V.
MATHEW T. HALL,
Respondent(s).
3120210084654
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3491 PG: 884 Page 1 of 3 121102021 11.36 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.:
21-00001
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, MATTHEW 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 11/19/21, hand -delivered on 12/1/21 and posting at City
Hall.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND CONSTRUCTION BOARD ORDER
Page 1 of 3
3. Building Department issued a Notice of Violation on 6/4/2020 regarding a Stop Work
Order for work performed at 105 Sebastian Industrial Place Units 2-5 and a separate
incident where a citizen filed a complaint on 6/14/21 regarding work performed at 938
Lance Street 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 ofa 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 ally such work to be
performed, shall first make application to the building official and obtain the
required permit.
4. The Respondent, through its attorney, providedevidence 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
1. The Respondent(s), Matthew T. Hall is the owner and d/b/a Shoreline Shutters and located
at 105 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 was 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 S 1, 100.00.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND SPECIAL MAGISTRATE ORDER OR LIEN
Page 2 of 3
ONLY
SEB-AS-T AN
CONSTRUCTION BOARD
-
FINDINGS OF FACT, CONCLUSIONS OF LAW
HOME OF PELICAN ISLAND
AND CONSTRUCTION BOARD ORDER
1 91
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 S 100.00 for
investigative and costs for a total of $1,100.00 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 /494Llday of -[)f c.d m,4Lr 2021
OF SEBASTIAN, FLORIDA
Chairman
ion Board
A trgg and correct copy hereof was delivered to Respondents by hand delivery/certified mail this
lD day of_ 2021.
D
Clerk, B r m arhnent
Case No. 21-00001
Approved for form and legal Sufficiency
by the City Atromey'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