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HomeMy WebLinkAboutOrder - D. Slater3120220037125 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3547 PG: 1975, 6/10/2022 9:06 AM CITY OF SEBASTIAN, a Florida municipality, Petitioner, v. DILLON SLATER DMIA SLATER CONSTRUCTION, LLC, Respondent(s). 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.: 22-00002 Hearing Date: May 24, 2022 Business Name: MR. DILLON SLATER D/B/A SLATER CONSTRUCTION, LLC Business Address: 4853 61".CIRCLE VERO BEACH, FL 32967 FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER THIS CAUSE came on for public hearing before the Construction Board of the City of Sebastian, May 24, 2022 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, DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 and located at 4853 61m CIRCLE VERO BEACH, FL. 32967 2. That Respondent was properly notified of a disciplinary hearing before the Construction Board through certified mail on 4/29/22, hand -delivered on 5116/22 and posting at City Hall. However, Respondent failed to appear. 3. This case was initiated as a result of a citizen(s) complaint that was filed with the Building Department on March 7, 2022 regarding work performed at 104 Marsh St. in Sebastian, for FINDINGS OF FACT, CONCLUSIONS OF LAW AND CONSTRUCTION BOARD ORDER Page I of 3 BK: 3541 PG: 1916 the following City of Sebastian City Code of Ordinance violations: In violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds; 4. The Respondent failed to appear. 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 media. CONCLUSIONS OF LAW 1. The Respondent, DILLON SLATER, d/b/a Slater Construction, LLC, with License No. COC 1526339 and located at 4553 61 sr CIRCLE VERO BEACH, FL. 32967. 2. The Respondent were given proper notice of the violations listed hereupon through certified mail on 4/29/22, hand -delivered on 511622 and posting at City Hall; however, Respondent failed to appear before the Construction Board on May 24, 2022 to address the violations alleged. 3. A hearing was held on May 24, 2022 at which time the Respondent failed to appear. 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: In violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds; 6. The Construction Board, based upon careful consideration of the evidence presented, and the applicable provisions of the City of Sebastian Code of Ordinances, imposed the following penalties LAW Sec. 26-175 (d) of the Code of Ordinances of the City of Sebastian: Administrative fine of S500.00 per incident and $100.00 for investigative and costs for a total of S600.00. 7. Further, the Construction Board held that all permitting privileges for DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 are suspended for a period of two (2) years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the board before reinstating permitting privileges. ORDER 1. Respondent shall comply with City of Sebastian City Code of Ordinance 26-172 (5) - where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 2 of 3 BK: 3547 PG: 1977 CONSTRUCTION BOARD FINDINGS OF FACT, CONCLUSIONS OF LAW AND CONSTRUCTION BOARD ORDER pursuant to Sec. 26-175 (d) and most be paid within thirty (30) days of the date of this Order. All permitting privileges for DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 are suspended for a period of two (2) years, at which time the contractor must re-appem before the Construction Board to demonstrate competency to the satisfaction of the board before reinstating permitting privileges; 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 a& day of Al , 2022 � CITY OF SEBASTIAN, FLORIDA CARBANO, Interim Chairman ``` ebastian Construction Board A dye and correct y hereof was delivered to Respondents by hand delivery/certified mail this day of 2022. 'ter , But i}(g DDepar went Case No. 22-00002 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 CITY OF SEBASTIAN, a Florida municipality, Petitioner, V. DILLON SLATER DB/A SLATER CONSTRUCTION, LLC, Respondent(s). 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.: 22-00002 Hearing Date: May 24, 2022 Business Name: MR. DILLON SLATER DB/A SLATER CONSTRUCTION, LLC Business Address: 4853 61".CIRCLE V ERO BEACH, FL 32967 FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER THIS CAUSE came on for public hearing before the Construction Board of the City of Sebastian, May 24, 2022 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, DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 and located at 4853 61"CIRCLE VERO BEACH, FL. 32967 2. That Respondent was properly notified of a disciplinary hearing before the Construction Board through certified mail on 4/29/22, hand -delivered on 5/16/22 and posting at City Hall. However, Respondent failed to appear. 3. This case was initiatedas a result of a citizen(s) complaint that was filed with the Building Department on March 7, 2022 regarding work performed at 104 Marsh St. in Sebastian, for FINDINGS OF FACT, CONCLUSIONS OF LAW AND CONSTRUCTION BOARD ORDER Page 1 of 3 the following City of Sebastian City Code of Ordinance violations: In violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds; 4. The Respondent failed to appear. 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, DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 and located at 4853 611T CIRCLE VERO BEACH, FL. 32967. 2. The Respondent were given proper notice of the violations listed hereupon through certified mail on 4/29/22, hand -delivered on 5/16/22 and posting at City Hall; however, Respondent failed to appear before the Construction Board on May 24, 2022 to address the violations alleged. 3. A hearing was held on May 24, 2022 at which time the Respondent failed to appear. 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: In violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds; 6. The Construction Board, based upon careful consideration of the evidence presented, and the applicable provisions of the City of Sebastian Code of Ordinances, 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. 7. Further, the Construction Board held that all permitting privileges for DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 are suspended for a period of two (2) years, at which time the contractor must re -appear before the Construction Board to demonstrate competency to the satisfaction of the board before reinstating permitting privileges. ORDER 1. Respondent shall comply with City of Sebastian City Code of Ordinance 26-172 (5) - where the contractor was unwilling to fulfill his obligations under the terns of the contract because of his diversion of funds. 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 2 of 3 OIYQ SEBASTIAIV CONSTRUCTION BOARD FINDINGS OF FACT, CONCLUSIONS OF LAW HOME OF PELICAN ISLAND AND CONSTRUCTION BOARD ORDER pursuant to Sec. 26-175 (d) and must be paid within thirty (30) days of the date of this Order. 3. All permitting privileges for DILLON SLATER, d/b/a Slater Construction, LLC, with License No. CGC 1526339 are suspended for a period of two (2) years, at which time the contractor must re -appear before the Construction Board to demonstrate competency to the satisfaction of the board before reinstating permitting privileges; 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 c [& day of / , 2022 CITY OF SEBASTIAN, FLORIDA JZN CARBANO, Interim Chairman Sebastian Construction Board A t e and correct Ay�p,yAhereof was delivered to Respondents by hand delivery/certified mail this day of U ,2022. Jerk, BuildiY g Department Case No. 22-00002 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