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HomeMy WebLinkAbout05011991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: THROUGH: RE: May 1, 1991 Mayor Conyers and City Council Members Councilman Powell Kathryn M. O'Halloran City Clerk Excused Absence This is to inform you that I am requesting an excused absence from the May 1, 1991 City Council Workshop. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91.120 91.121 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP ME~.TING WEDNESDAY, MAY 1, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STRV.~.?, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 5. ANNOUNCEMENTS 6. PUBLIC INPUT A. Non-Agenda Items 1. Steven Lulich - "No" to the Twin Pairs (No Backup ) 2. Henry L. Brandenburg - Request to Transform Residence at 1302 Indian River Drive Into Restaurant - Change Reverter Clause to Accomodate Parking (Letter dated 4/24/91, City Manager Memo dated 4/25/91) B. Agenda Items 7. WORKSHOP ITEMS 91.101 A. Review FAA Letter Re: Sport Parachuting (FAA Letter dated 4/18/91) 91.122 B. Review Jurisdictional Transfer of Indian River Drive w/in City Limits from Indian River County to City of Sebastian (City Manager Recommendation dated 4/23/91, Davis Letter dated 4/18/91) 91.065 C. Review Proposed Cemetery Rates (Staff Recommendation dated 4/25/91, Cemetery Rate Resolution, Rate Comparison Schedule, Rate Projections) 91.123 D. Review Proposed Security Alarm Ordinance (Petty Memo dated 4/18/91, Proposed Ordinance) 91.124 E. Review Proposed Requirement for Bid, Payment and Performance Bond for Bids Over $100,000 (Staff Recommendation dated 4/24/91) 91.125 F. Discuss City Board Terms (Staff Recommendation dated 4/25/91, R-90-17) 91.126 G. Review Proposed Nuisance Ordinance Amendments (Staff Recommendation dated 4/25/91, P & Z Memo dated 4/25/91, Proposed Amendments to Chapters 12 and 16) 8. MAYOR'S MATTERS 9. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman ~ C. Councilman Powell D. Councilman Reid 10. CITY ATTORNEY MATTERS 11. CITY MANAGER MATTERS 12. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) '2 5/1/91 CITY COUNCIL WORKSHOP DOCUMENT LIST The following is a list of backup materials for each Stem £n the agenda packet and notatSon for those agenda Stems with no backup. 5/1/91 Agenda 91.120 Non-Agenda Items 1. Steven Lulich - "No" to the Twin Pairs (No Backup) 91.121 Henry L. Brandenburg L Request to Transform Residence at 1302 Indian River Drive Into Restaurant_- Change Reverter Clause to Accomodate Parking 1. Brandenburg Letter dated 4/24/91 2. City Manager Memo dated 4/25/91 3. Petersen Letter dated 12/1/88 4. 2/10/88 Council Minutes 5. Palmer Letter dated 2/16/88 6. Sebastian Sun Article 7. Boudrot Letter dated 1/30/88 8. 2/10/88 Council Minutes Verbatim - Boudrot 7. WORKSHOP ITEMS 91.101 Review FAA Letter Re: Sport Parachuting 1. FAA Letter dated 4/18/91 91.122 91.065 Review Jurisdictional Transfer of Indian River Drive w/in City Limits from Indian River County to City of Sebastian 1. City Manager Recommendation dated 4/23/91 2. Davis Letter dated 4/18/91 3. Section of 12/5/90 Joint Meeting minutes Review Proposed Cemetery Rates i. Staff Recommendation dated 4/25/91 2. Cemetery Rate Resolution 3. Rate Comparison Schedule 4. Rate Projections 91.123 Review Pro~ Security Alarm Ordinance 1. Petty Memo dated 4/18/91 2. Proposed Ordinance 1 91.124 91.125 Review Proposed Requireme~ for Bid, Payment and Performance Bond for Bids Over $100,000 1. Staff Recommendation dated 4/24/91 Discuss City Board Terms 1. Staff Recommendation dated 4/25/91 2. R-90-17 91.126 Review~ Nuisance Ordinance Amendments 1. Staff Recommendation dated 4/25/91 2. P & Z Memo dated 4/25/91 3. Proposed Amendments to Chapters 12 and 16 2 April 24, 1991 Mr. Henry L. Brandenburg 2508 1st Place Vero Beach, Fi. 32968 Sebastian City Council City Hall Sebastian, Fi. 32958 To Whom It May Concern: I am interested in transforming the small residence at 1302 Indian River Drive, into an elegant French-style restaurant. In attempting to do so, I am interested to know if the reverter clause on the property could be changed to accomodate parking for such a facility. In keeping with the environmental protection laws, we would commit ourselves to maintaining an attractive riverfront, and feel that the restaurant in mind would make a lovely addition to the Sebastian area. Please consider my proposal and feel free to contact me at the above given address, or phone 569-6396, my residence. Sincerely, Henry L. Brandenburg HLB/bab City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: TO: FROM: RE: M E M 0._.R A N D U M April 26, 1991 W. E. Conyers, Mayor & Sebastian City Council Robert S. McClary ?~ 1302 Indian River Drive Mr. Henry L. Brandenburg has filed a request with the city Council to remove a restrictive covenant and related reverter clause in property that the city deeded in 1988. This property is the house just to the north of the Main Street boat dock. The restrictive covenant and reverter clause came about as a result of a land trade the City made with then property owner, Bettina Boudrot. Ms. Boudrot gave the city a 35 foot wide tract farther to the north than her home in exchange for a 35 foot wide tract the City owned adjacent to her home. At that time, it was clearly Ms. Boudrot's intention to use this property as residential, to landscape the traded property, construct a fence, add plants and provide for two (2) parking spaces. The city Council granted her request and the property was exchanged for the intended purpose. In keeping with this intention, a reverter clause was placed in the deed on the property conveyed to Ms. Boudrot. The request to remove the reverter has come up several times. Although this land trade took place just one (1) month prior to my appointment, Ms. Boudrot asked me several months after closing to support her request to remove the reverter. I felt the city made a mistake in approving the land swap to begin with, that the restrictive covenant and reverter clause were appropriate, and I did not support her request. She chose not to pursue the matter at that time. Later that year, in December, through her attorney, Ms. Boudrot renewed her request. The matter was placed on an Agenda but later withdrawn at her request. For your information, I have attached a memorandum from city Attorney Charles I. Nash, dated January 4, 1989. There are seven (7) exhibits to that letter which I hope you find helpful in reviewing this request. After reviewing this request and the other documents in the file, I recommend that the City Council not approve the request. The original request for this property was clearly for residential purposes, the City Council approved the land trade with the intention that the property would be used for residential purposes, and the property deed reflects those intentions. /jmt Attach. TO: FROM: RE: FILE: DATE: KAY O'HALLORAN, CITY CLERK CHARLES IAN NASH, CITY ATTORNEY ~ AGENDA ITEM/BOUDROT REAL ESTATE DEED 88-2882 January 4, 1989 Please place the above referenced matter on the January 11, 1989 City Council Agenda under City Attorney's matters. I have attached supporting documents to this memorandum for you to enclose in the City Council Agenda package as follows: 1. Copy of letter from G. Russell Peterson, Esquire to Charles Ian Nash, Esquire, dated December 1, 1988; 2. Copy of Page 11 of the Sebastian City Council meeting minutes of February 10, 1988; 3. Copy of letter from Thomas C. Palmer, Esquire to Mayor L. Gene Harris dated February 16, 1988; 4. Article from the Sebastian "Riverfront Land Swap With Citizen Okayed"; Sun entitled 5. Copy of letter from Bettina Boudrot to the City Council dated January 30, 1988; 6. Copy of excerpt of City Council Meeting Minutes of February 10, 1988; and 7. Copy of Warranty Deed from the City of Sebastian to Bettina Boudrot dated March 7, 1988 and recorded in the Public Records of Indian River County. Please call me if you have any questions with respect to this matter. RUSSELL PETERSEN, ATTORN Ers -AT- LAW RECE;VED I}EC - 5 RECEIVED" G, RUSSELL PE?ERSEN DAVID L, DICKeNS, ON December 1, 1988 ROYAL PALM BOULEVARD SUITE C VERO BEACH~ FLORIDA 32960 (407) Mr. Charles Nash, Esq. Riverside Center, Suite 505 930 S. Harbor City Boulevard Melbourne, Florida 32901 Re: Bcttina Boudrot Dear Mr. Nash: I represent Ms. Bcttina Boudrot, owner of waterfront commercial and residential property in Sebastian, Florida. Enclosed are: 1. Minutes of February I0, 1988, Sebastian City Council meeting, page 11. 2. Letter from the then City Attorney, Thomas C. Palmer, dated February 16, 1958. 3. Sebastian Sun article after City Council meeting. 4. March 7, 1988, deed with residential restrictions. 5. Survey of area showing shaded lot. Ms. Boudrot objected to the deed's residential restrictions but was told by the city attorney she would have to take it "as is". Neither the city manager nor the city attorney were present for the February 10, 1988, meeting. Since then Ms. Boudrot has met with Mayor Richard Votapka who advised her to have me contact you. The Mayor told her the deed restrictions did not appear to be intended by the council but that you should be consulted before any action was taken. It appears the former city attorney has overstepped the bounds of his authority and added restrictions not intended by the city council. Mr. Palmer's opinion on February 16, 1988, of what is a "good idea", is irrelevant. Mr. Palmer often disagreed with the city council but cannot overrule their actions. We are requesting from the City of Sebastian, a corrective deed without restrictions, to remove the cloud on this title. Mr. Charles Nash Page Two December I, 1988 We should set a telephone conference between ourselves to discuss this matter once you have a better understanding of the facts. Please let me know if I can provide additional information. Rcasona~y~j~urs, ~ ./~ / / ,~,/?/,~_____ . G. Russell Petersen /haw 88.046 MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-13 and set it for public hearing on March 9, 1988. 12. VOICE VOTE on the motion carried 5-0. MAYOR, S M_ATLTE2~ None. Mayor Harris said if Attorney Palmer could not attend the next meeting he would retain another attorney. Mayor Harris called recess at 9:05 P.M. and recalled the meeting at 9:10 P.M. All members present before the recess were present at recall. .. Councilman Metcalf commended Randy Mosby and Bill Messersmith's critique of the Collier Place project. None. 15. NEW DiLt!EES of Lot 4-- ~ the ltQ2Lt21 35' of Lot 2, Hardee Subd iv i s~xln Bettina Boudrot read the letter she had provided to Council as backup to her request. · 'MdTION by Metcalf/McCarthy I move we instruct the City Attorney to draft the necessary papers to effect a trade between the City and Bettina Boudrot. for the north 35' of lot 4 for the north 35' of lot 2, Hardee Subdivision. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Val!one - Nay Mayor Harris - Aye MOTION CARRIED. 11 / THOMAS C. PALMER AI'rORNEY AT LAW P.O. BOX '145, '1627 U.S. HWY. ~,1, SEBASTIAN, FLORIDA 32958 305-,589-7550 February 16, 1988 TO: Mayor L. Gene Harris Re: Possible swap of property - Bettina Boudrot The proposed land swap set out in Ms. Boudrot's letter of January 30, 1988, does not appear to be a good idea. The lot next to her house is worth much more to her than the North 35 feet of Lot 4 is to the City. Her property.is'zoned commercial. If she acquires the lot next to her house to the north she will own all the way up to the south part of lot 4. Lot 2, Lot 3 and the south part of lot 4 will be contiguous and be commercial. The North 35 feet of lot 4 is no more valuable to the City then the North 35 feet of Lot 2. If the city is interested in pursuin§ this matter further, I recommend that the two parcels be appraised for i believe that the appraisal for the north 35 feet of Lot 2 will be far greater then the North 35 feet of lot 4. If the city desires to do so, it can enter into a lease with Ms. Boudrot to allow her limited use of the lot to the north of her house. This memo is merely to point out some observations that came to me in 19~king over this item. Thomas C. ~almer' VERBATIM EXCERPT FROM MINUTES OF CITY. COUNCIL MEETING -4FEBRUARY 10, 1988 - RE: LAND SWAP BETWEEN CITY AND BETTINA BOUDROT '. ~ MAYOR HARRIS - THIS IS B'ETTINA-BOUDROT ' SHE WILL INTROD.UCE HERSELF. --· BOUDROT - GOOD·EVENING. I DIDN'.T KNOW THAT I QOULD HAVE'TO COME UP HERE AND SPEAK, BUT I"HAVE PREPARED A LETTER WHICH, IF YOU WiLL BEAR WITH ME, I'LL READ TO YOU: SEE COPY OF.LETTER'ATTACHED COUNCILMAN METCALF - I'.VE LOOKED AT -THIS ON THE TAX MAP .AND IT MAKES A LOT OF SENSE TO-ME. YOU'.RE TAKING 35' FROM THE NORTH END OF YOUR PROPERTY. THEN YOU'LL HAVE 3 CONTINUOUS LOTS. BOUDROT - I'LL MAVE 1, 2, AND THEN JUST PART OF ANOTHER', WHICH WILL GIVE ME 65' AND THEN.THE REST I INTEND TO KEEP NATURAL. IT·EILL GiVE ME 65' TO LIVE IN. METCALF - WE CANNOT USE THE 35! LITTLE L'OT. ~PPARENTLY'SHE CAN. COUNCILMAN VALLONE - WHERE IS'IT?' HARRIS - GO RIGHT DOWN THE END OF MAIN STREET TO THE RIVER. THERE'Si'A LITTLE .BROWN HOUSE SITS:THERE, THAT WE HAD SOME PEOPLE 'COME IN ONE TIME, WAS GOING TO PUT A~.BUSINESS IN THERE AND WE WOULDN".T LET THEM, SO THEY REMODELED IT, AND MRS.'BOUDROT HAS BOUGHT IT. IT'S HER .HOME. SHE LIVES 'THERE ·DOWN BY'.THE' BOAT RAMPi~ IT'S RIGHT ACROSS THE ROAD FROM THE BOONE PROPERTY, RIGHT BEHIND THE CHAMBER .OF COMMERCE 'PARKING LOT. WHAT SHE WANTS IS' THE LITTLE'35' RIGHT NEXT-TO HER HOUSE. AS YOU RECALL WE 'CLEARED IT ONE TIME. .~ VALLONE - YES', WE WERE LEASING IT TO THE ORIGINAL PROPERTY OWNERS. HARRIS - THOSE.PEOPLE LEASED IT FROM US FOR I THINK $80.00 A MONTH. VALLONE - AND THEY NEVER PAID. BOUDROT - WELL, IT'S A LOT OF MONEY FOR THAT, I THiNK,'.BUT THAT'S NEITHER HERE NOR THERE. ~' VALLONE - THAT PLACE DOWN THERE HAS BEEN NOTHING BUT A HEADACHE, NOW THAT I KNOW .THE PROPERTY. .THAT BUILDING, THERE'S EVEN PROBLEMS WITH THE WATER DOWN THERE. IT'S HOOKED UP iNTO THE CITY WATER LINE AND THERE WAS A DRAIN FIELD PROBLEM AND THE FRONT OF THE HOUSE, THAT"'S A COUNTY ROAD THERE, INDIAN RIVER DRIVE, AND PART OF THAT HOUSE THERE.:-IS. SUPPOSED TO BE-ON COUNTY RIGHT-OF-WAY. THERE'S ALL KINDS OF 'PROBLEMS'DOWN THERE. BEFORE I DO A}~THING I WANT A CLEAR DESCRIPTION OF THAT ',PLACE. IN FACT AT ONE TIME THAT .PLACE WAS 'GOING TO BE TORN DOWN. BOUDROT - iT'S BEEN 'TOTALLY RE-BUILT. BRUCE COOPER -.WHAT I'VE SEEN..FROM"THE SURVEY, IF I RECALL, HER HOUSE SITS RIGHT ON THE LOT TOTALLY.· SHE HAS NOWHERE FROM THE~NORTH OR SOUTH OF THAT HOUSE AS .FAR 'AS HER PROPERTY. THE AREA TO THE IMMEDIATE NORTH IS WHAT WE'RE TALKING ABOUT THAT IS CITY PROPERTY AND SHE JUST WANTS TO SWAP THAT PORTION WITH A PORTION THAT's EVEN FURTHER NORTH WITH THE CITY SO THIS WAY HER LOT WOULD BE A LITTLE BIGGER SO SHE WOULD HAVE ACCESSORY USES THAT WOULD. BE NORMAL TO A RESIDENCE. HARRIS - I THINK IT SITS i5' OFF THE RIGHT-OF-WAY. COOPER - THAT'~I DON'T KNOW. 'THIS REALLY WOULDN'T AFFECT THE EXISTING HOUSE. ALL IT'S DOING IS WANTING TO USE THAT 35' TO THE NORTH OF THE 'BUILDING AND'MAKE PART OF THAT AS HER LOT 'SO SHE CAN .LEGALLY PARK THINGS ON THERE AND'LANDSCAPE OR DO WHATEVER AS AN ACCESSORY TO THE RESIDENCE. RIGHT NOW SHE.~OWNS PROPERTY NOT ABUTTING TO HER HOUSE AND SHE WOULD HAVE TO CLEAR ·!iT AND GET SPECIAL PERMITS AND ALOT OF THINGS TO BE ABLE TO DO WHAT SH~::·~WANTS. ---~ "' ~'-- METCALF - BUT .WE CAN'T GET INTO THAT 35' COOPER - YES,. ~THAT'S FURTHER DOWN. ' BEING'S IT' S .ALREADY CLEARED AND SHE'S REALLY' SOMEWHAT USING IT AS IT .IS NOW, I SUGGEST AT THIS POINT WHY NOT? THE CITY"S JUST GOING TO TRADE AN EVEN SWAP AS FAR AS THE AMOUNT OF PROPERTY AND THIS WAY SHE CAN USE THAT.FOR HER RESIDENCE AND YOU COULD MAKE.' THAT STIPULATION, MAYBE. I DON'T KNOW AS FAR AS THE DEED REQUIREMENTS. VALLONE - IN A'LL DUE RESPECT, EVEN WHEN THAT PIECE OF LAND WAS CLEARED, THIS WAS BEFORE YOUR TIME, AND I HAPPENED 'TO BE .ON 'COUNCIL AND THERE WAS ALL KINDS OF PROBLEMS WITH THAT. THAT LAND WAS EVEN FILLED IN I BELIEVE WITHOUT THE NECESSARY PERMITTING BEC'AUSE .IT'S ENVIRONMENTALLY. SENSITIVE DOWN-.THERE. I CAN UNDERSTAND AND I~.'CAN APPRECIATE THE NEW OWNER, AND I DIDN'T EVEN KNOW THERE WAS A ~:NEW.'OWNER, 'I 'THOUGHT THOSE PEOPLE STILL OWNED IT. IN ANY CASE, THAT PARTICULAR PIECE OF LAND THERE, THAT HOUSE THERE, HAS BEEN NOTHING. BUT PROBLEMS .FOR THE CITY AND IN ALL DUE RESPECT, BEFORE WE .GO AHEAD AND DO SOME .SWAPPING, I HAVE SOME RESERVA- TIONS CONCERNING ·THAT LAND JUST ADJACENT TO HER..PROPERTY NOW WHICH FILLED IN ILLEGALLY. cOOPER- THAT,'S CITY PROPERTY. VALLONE - IF WE DID IT,,...B..UT I DON'T THINK WE D'ID IT. HARRIS - I DOi~'T THINK IT WAS FILLED. IT WAS CLEARED.-' COOPER - THAT".'S"THE WAY .I UNDERSTAND IT, BUT THE ONLY THING I MUST POINT OUT iS THAT THE SITE PLAN REQUIREMENTS FOR PLANNING AND ZONING REQUIRES EVEN"SINGLE FAMILIES ALONG THE RIVER TO GO BEFORE SITE PLAN REVIEW SO THAT ANYTHING SHE DOES WANT TO.DO WITH THAT LOT, WHETHER SHE WANTS TO KLANDSCAPE IT OR WHATEVER~ IF THIS DEAL GOES THROUGH, THEN SHE WOULD HAVE TO PRESENT A SITE PLAN TO PLANNING AND ZONING AND THOSE THINGS CAN BE ADDRESSED AT 'THAT TIME. THAT WAS THE ONLY THING I SUG- GESTED TO HER BECAUSE SHE'S GOT NO PROPERTY RIGHT THERE AND SHE DOES HAVE IT TO THE NORTH. IT WOULD JUST BE AN EVEN SWAP' WE WOULD STILL REVIEW ANYTHING THAT WOULD HAPPEN WITH THAT PROPERTY. HARRIS - ONE iO~"THE MAIN THINGS IS THE PROPERTY 'IS THOR'E AND BASICALLY SHE'S USING IT,'. SHE PARKS HER CAR ON IT EVEN THOUGH SHE'S NOT ENTITLED TO AND SHE PUTS HER BOAT ON IT EVEN THOUGH SHE's NOT 'ENTITLED TO, BUT - 2 - HARRIS (CONT'D.) - THE THING OF IT IS, SHE HAS NO PLACE, I MEAN THE PROPERTY IN HER DEED IS 30' AND HER HOUSE IS-30'.. SHE'.DOESN'T EVEN HAVE, SHE SAID SHE DIDN'T HAVE ANY PLACE TO PUT A WATER' CONDITIONER OR AN AIR CONDITIONER OR'ANYTHING oF THIS SORT ALQ~G"T'HE SIDE OF."THE HOUSE LIKE MOST OF US DO.: 'SHE DOESN"T HAVE..THAT."THE PROPERTY IS.THERE; IT EXISTS. HOW ~'.T GOT THERE i DON'T KNOW, BUT WHAT SHE .IS.SAyING IS THAT SHE WOULD LIKE-TO TRADE .35' OF.NATIVE FLORIDA UP THE STREET FOR THE -~·"35' NEXT TO HER. I FEEL IT'S A REASONABLE REQUEST. ,AS.FAR AS THE CONDITIONS THERE, THEY HAVE EXISTED FOR MANY., MANY YEARS. THE SEPTIC TANK..IS UNDER THE HOUSE. THE DRAIN FIELD IS -SOMEWHERE ·IN THAT AREA, WE DON'T KNOW EHERE, AND THE WATER DOES COME ·FROM THE CITY, THE WELL ACROSS THE ST:REET. --- '- - ~ .... BOUDROT - PRETTY SOON 'I THINK ALL THE PROBLEMS WILL BE SOLVED WHEN SEWAGE - HARRIS - AS THE SEWER COMES I'M SURE THAT'LL SOLVE LOTS OF THINGS, THAT'S TRUE. AS SEWER AND WATER COMES ALONG, THEN YOU'LL BE ON THOSE HOOK-UPS AND THAT WILL ELIMINATE THOSE PROBLEMS AS THEY EXISTED THERE. iPERSONALLY, I'M .'GLAD TO SEE SOMEBODY USING IT.AS A RESIDENCE AGAIN AND THAT WANTS TO MAKE IT INTO A RESIDENCE AND .KEEP IT FOR THAT. THAT'S MY FEELING. I .WAS NOT IN FAVOR OF IT WHEN THE MAN WANTED TO MAKE 'A B~*SINESS OUT OF. IT BECAUSE ITS BEEN A RESIDENCE FOR A NUMBER OF YEARS AND I FELT IT SHOULD STAY THAT AND I'M GLAD TO SEE THAT IT WAS RE- MODELED AND THAT'S WHAT YOU WANT TO DO WITH'IT.... SO, COUNCIL~ WHAT DO YOU WANT TO DO? DO You WANT TO TRADE LAND WITH HER? IF YOU DO, WE WILL HAVE TO INSTRUCT THE ATTORNEY TO DRAET THE NECESSARY DEEDS FOR THE TRANSACTION.. METCALF - I MAKE A MOTION THAT WE -INSTRUCT'THE. CITY ATTORNEY TO DRAFT THE NECESSARY PAPERS TO EFFECT THE TRADE. . COUNCILMAN McC'ART-HY - I'LL SECOND THAT MOTION'. HARRIS - O.K;'. THE MOTION'S MADE AND SECONDED,THAT WE INSTRUCT THE CITY ATTORNEY TO DRAFT THE NECESSARY PAPERS TO EFFECT THE TRADE OF THE 35' OF PROPERTY. -'35 FOR 35. I THI~ WE'RE GAINING A LITTLE BIT BECAUSE I THINK THE PROPERTY'S A,LITTLE DEEPER AS YOU GO UP THE RIVER. WE GET A LITTLE MORE DEPTH. BouDROT - THIS.35' IS ALSO .ACROSS FROM THE. CITY MUNIC.I.PAL PARKING LOT. VALLONE - I'VE ALREADY EXPRESSED MY RESERVATIONS. IN ALL DUE RESPECT YOU SHOULD HAVE KNOWN WHAT .YOU .BOUGHT AND THERE'S A LOT'OF THINGS HERE. THE MOTION IS MADE. I-'.M NOT 'GOING 'TO SUPPORT IT BECAUSE I HAVE A LOT OF RESERVATIONS. AND CONCERNS. McCARTHY - I THINK WE'RE'iMPROVING THE QUALITY OF LIFE FOR ONE .OF OUR CITIZENS HERE AND I DON'T 'SEE ANYTHING WRONG.WITH IT BECAUSE WE"RE JUST SWAPPING ~ SHE"S NOT ASKING TO BUY THE CITY 'PROPERTY. SHE'S JUST ASKING TO MAKE A SWAP OF IT AND IT WOULD MAKE A MORE RESIDENTIAL SITUATION DOWN."%HERE. .. - 3 - HARRIS - AS MR."COOPER SAID, ANYTHING THAT'S DONE HAS T.O COME BEFORE THE PLANNING AND ZONING. McCARTHY - IF THEY HAVE ANY RESERVAT. I.ONS'"AB~UT IT, I'M SURE THEY'LL COME BACK TO US. LIKEWISE, WITH THE ATTORNEY. ,,.'~ARRIS - THAT'S TRUE. ROLL CALL. ALL RIGHT. ANY OTHER DISCUSSION.?. ROLL'CALL BY C'~T'Y CLERK KATHRYN M. O'HALLORAN.: VICE MAYOR ROTH - AYE COUNCILMAN McCARTHY - AYE COUNCILMAN METCALF - AYE COUNCILMAN VALLONE ~ NAY MAYOR HARRIS - AYE GIVE ME A HARRIS - ALL RIGHT. WE'LL HAVE ATTORNEY PALMER OR WHOEVER'WE USE GET WITH YOU AND WE"LL START PUTTING PAPERS TOGETHER. THANK YOU, MISS BOUDROT. HOPE YOU MAKE IT LOOK PRETTY. LISTEN, I LIKE THE. FLOWERS YOU PLANTED. IT LOOKS GOOD. BOUDROT - THANK YOU. - 4 - U.S. Department of Transportation Federal Aviation Administration Mr. Robert S. McClary City Manager City of Sebastian P. O. Box 780127 Sebastian, Florida 32978 /~PR 18 lg91 Dear Mr. McClary: This is in response to your request of April 8, 1991, asking whether approval to operate a sports parachute center on airport property would violate the June 8, 1991, "Agreement in Principle" between your city and the Federal Aviation Administration (FAA). The answer is no. The FAA considers sport parachuting to be an "aeronautical activity," and, as such, sport parachuting is entitled to use the airport as any other general aviation aircraft. Absent a good reason such as safety concerns, any airport subject to the terms of an FAA airport grant agreement or the covenants of a Federal surplus property conveyance would be expected to permit sport parchuting at the airport. Of course, the sport parachuting must be operated in full compliance with the requirements of Federal Aviation Regulation (FAR) 105. I have discussed your request with Mr. Jack Reynolds, FAA Deputy Regional Airports Manager in Orlando. He is in full agreement with the conclusions in this letter. Sincerely, Robert F. Eisengrein Senior Attorney for Airport Access General Legal Services Division office of the Chief Counsel City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Indian River Drive Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. of Origin: City Manager ) Date Stlbmltted: 04/23/91 ) ) For Agenda Of: 05/01/91 ) Exhibits= ) - J. Davis Letter Dated 4/18/91 EXPENDITURE REQUIRED= ~.MOUNT BUDGETED= APPROPRIATION REQUIRED: SUMMARY STATEMENT At the joint City - County meeting held on December 5, 1991, the city Council and Indian River County Commissioners discussed the possibility of the City of Sebastian assuming jurisdiction of Indian River Drive. Since that time, the city has submitted park and drainage improvements which will affect Indian River Drive and has received correspondence from iRC Public Works Director, Jim Davis. Mr. Davis suggests that Indian River Drive could be transferred to city jurisdiction within the City limits. Mr. Davis suggests three (3) conditions for such a transfer: 1. The County be granted a perpetual easement for water and sewer facilities. 2. The County would perform all needed repairs. The necessary repairs would be identified in a "punch list" developed by the City Engineer and a County representative. 3. That the County remove the dead Australian Pine trees within the right-of-way including stumps. I concur with Mr. Davis' recommendation. Should the City Council wish to proceed, the City Attorney would draw up the necessary documents for formal City Council and County Commission action. RECOMMENDED ACTION Move to direct the City Attorney to prepare the necessary documents to effect a jurisdictional transfer from Indian River County to the City of Sebastian for that portion of Indian River Drive within the Sebastian city limits subject to the three (3) conditions outlined above. -~/i/22 Telephone: (~,07) 567-8000 April 18, 1991 BOARD OF coUNTY cOMMiSSIONERS 1840 25th Street, Vero Beach, Florida 32960 Sun,'om Telephone: 22'~'101 '~ Mr. Rob McClarY, City Manager ~~~ City of sebastian p.O. Box 7B0-~27 sebastian, Florida 32978 SUBJECT: lndian Kiver Drive Within City Limits of drainage Dear Rob: Mosby and AssociateS, Inc. recently sent me a plan Council/County improvements along indian River Drive near RivervieW and parking minutes of the joint City everyone'S park. I researched the 1990 and it was city commission meeting of December 5, ' concenSUS that indian River Drive could be transferred to jurisdiction within the City LimitS- The follOwing issues in this regard were discussed: l) The county utilities Department desires a perpetual easement along indian River Drive for possible water and sewer faczlltzeS'should perform all needed repalr 2) The County ne Trees should be remove~. ian Pi public Works %~ Dead Austral __~,~sting that ~?~ and prepare a ~a~P~o~ac~h~mSe ~t~a~ we can inspect the roa~W~ · items- · lettez to Terry ' t o~ repazr _. _ o~ th~s -~ev, char~eS ils forwardzng_~ s°P~he count~ ~~formalzZe ~_ =ddition, I .,a~..~es Directu~ a~d~ft reso£~u~f~e streets pinto, ~-~hat they ca~ ~,.~llum sugge~ turned over VitunaC, su ~- councilman z'~ may also be the transfer. located on the City/CountY boundary point. the CitY- I concur, and we will research this Mr. MCClary April 18 1991 Page 2. ' We Stand Process. Sincerely, j ~.-/ " ready to meet With your Staff to begin the Please call me if You have any questions. JWD:blp attachment: Copy of Minutes of City/County December 5, 1990 Meeting cc: Board of County Commissioners James Chandler, County Administrator Charles Cramer, P-L.s., County Surveyor Charles Vitunac, County Attorney Terry Pinto, Utilities Director Randy Mosby, P.E., Mosby and Associates, /nc. Albert VanAuken, Superintendent, ROad and Bridge Division Michael Dudeck, P.E County Traffic Engineer ROger Cain, ', Rex Hailey, ~i~y Engineer Robert Keating, AiCp, Community Development Director agent, Parks Division transfer INDIAN RIVER DRIVE Mr. McClary explained that the City is looking for greater jurisdiction regarding Indian River Drive and is willing to take over the maintenance responsibility for that part of Indian River Dr~ve lying in the incorporated area of Sebastian provided that the County is willing to make several repairs to bring the condition of the street up to what they feel is acceptable. He felt that the road could be turned over to the City through an interlocal agreement. County Administrator Jim Chandler advised that the County is in the process of cutting down approximately 60 dead Australian pines in the right-of-way along the Drive ana there are about 10 more to come down. The Coupty has spent about $13,000 so far this year in the removal of the trees. Vice Chairman Frank Oberbeck noted that the City does not intend to do anything along the Drive unless it is totally coordinated with the County. The idea is to control the development so that it matches up with the area, and they need the road to do it so that it comes out uniform. The whole idea is to keep it waterfront property. He pointed out the problems in right-of-way with regard to bike paths, etc., and asked if consideration could be given to having 14-16 foot widths for short distances in the one-way sections of the road In order to create amusement areas by the waterfront. Councilman McCollum pointed out several streets where the County/City boundary line goes right down the middle of the road, and he felt those particular streets could be turned over to the City at the same time as Indian River Drive. As examples, he cited Durant and ether streets on the very outskirts of the city limits. Corrrn. issioner Scurlock felt we could do that either by t~rning the road over or having a maintenance contract (~ith the City. Chairman Eggert agreed to have staff look Into that also. Councilman Oberbeck felt the concept for Indian River Drive bein[~ a scenic road was great, but felt that adequate parkin~ space may be a problem, especially if a boardwalk is built along the river. Chairman Eggert agreed that the concept was great and didn't feel there is any hesitancy on the part of the County to cooperate in these matters. Corrrntssioner Wheeler advised that tourist tax monies allocated for that district would be available, and Cor~missioner Scurlock pointed out that those monies are bondable. NORTH COUNTY RECREATION Mr. McClary thanked the County for their 50% participation in funding the. improvements to the Barber Street Sports Complex. They plan on having their grand opening in February. The County will be doing the bulk of the prograrr~ing, and the City will be doing the maintenance. Mr. McClary advised that the funding has been going along real smoothly, and they are looking forward to a new round of funding in the 1991-92 fiscal year. Administrator Chandler advised that the cost of the lighting expense will be incorporated into the program fee structure. COUN'I-Y UTILITIES Corrrnissioner $curlock wished to address three main items under utilities: General Development Utilities, the County's wastewater treatment plants in the north area, and the emphasis of phasing in water service in the north area. 1) General Development Utilities Corrrnissioner Scurlock advised that the County has requested that the City of Sebastian assign the rights of the f~anchise agreement with GDU because GDU has denied the County access to do City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: CEMETERY RATES Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Finance (LWN) 4-~5-9~ 5-01-91 Exhibits: Cemetery Rate Resolution Cemetery Rate Comparison Schedule Cemetery Rate Projections EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Currently, rates at the Sebastian Municipal Cemetery are charged according to the current rate resolution. Pursuant to City Code Section 8-26, "Prices of lots in the cemetery shall be uniformly set by resolution of the city council." The proposed rates are shown on the attached cemetery rate comparison schedule in column two. The cemetery rate projection demonstrates the historical lot sales for last fiscal year and the first six months of this year and a comparison of the revenue actually received as to what could have been received with the proposed rates in effect. RECOMMENDED ACTI0_~ Move to direct, staff to modify the cemetery rate resolution t.o reflect rates as determined by the flit,}' Council at, this workshop meeting. A RESOLUTION OF THE CITY COUNCIL ESTABLISHING PRICES AND PRIORITIES FOR THE SALES OF CEMETERY LOTS IN THE MUNICIPAL CEMETERY; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, owns and controls its municipal cemetery; and WHEREAS, The Sebastian Cemetery Committee has recommended that the City Council of the City of Sebastian regulate the sale of cemetery lots in such a manner that will assure adequate burial space for the residents of Sebastian; and WHEREAS, due 'to the increase in population in th~ State of Florida, Sebastian Cemetery entire the possibility exists that burial spaces in the will be exhausted unless sale of spaces is controlled; . NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of Sebastian that the following prices and priorities for sale of' cemetery lots are hereby in effect: 1. Legal residents who reside in the corporate limits the City of Sebastian, and Roseland, the price shall be: a. $200.00 per individual lot b. $100.00 per 4ft x 4 ft cremation lot. price shall be: of Legal residents who reside in Indian River County, the a. $325.00 per individual lot b. $165.00 per 4ft x 4ft cremation lot 3. Legal residents of Brevard and all other space is available, the price shall be: a. $400.00 per lot b. $200.00 per 4ft x 4ft cremation lot The purchase price includes sodding of site, and perpetual care but does not include the cost of areas, if the grave installing the base for the headstone. CEMETERY RATE COMPARISON SCHEDULE CURRENT RATES PROPOSED CRESTLAWH MELBOURNE FOUNTAIN HEAD HiLLCRRST PER R-86-4! RATES VERO BEACH h'UNICIPAL PAL~ BAY FT. PIERCE CURRE~ RATES CURRENT RATES {PRIVATE) (PRIVATE) CITY RESIDENT: Individual Lot 200.00 400.00 432.00 400.00 Cremation Lot 100.00 200.00 COUNTY RESIDENT: Individual Lot 325.00 500.00 Cremation Lot 185.00 250.00 540.00 600.00 475.00 to to 1000.00 900.00 depending on depending on location location OUT-OF-COUNTY RESIDENT: , Individual Lot 400.00 800.00 Cremation Lot 200.00 300.00 648.00 O~ning\Closing Other Th~n Normal Hours (0-89-17) Weekend & Holiday 35.00 35.00 30.00 38.00 390.00 360.00 580.00 Cremation Burials put-in take-out package deal Corner Markers With Last Name & Initials Concrete Foundations single double up-right up to 6' length up-right 6' to 7' length Bronze Niches single double 15.00 20.00 35.00 11,00 20.00 25.00 42.50 11.00 38.00 64.00 90.00 105.00 30,00 135.00 160.00 80.00 160.00 175.00 66.40 79.25 800.00 1100.00 to !300.00 1695.00 2200.00 to t895,00 CEMETERY RATE PROJEvTION,., FISCAL '90 IF INCREASED ******************************************************************** LOTS: 47 city 9400.00 !8.880.00 29 cmmty 9425.00 14,500.00 18 out of cotmty 9200.00 10,800.00 CREMAINS: ! city 100.00 200.00 4 out of co~mty 800.00 1200.00 ,L REVENUE LOT SALES 26.925.00 45.500.00 1/2 lot. sales to G/F 13.463.00 '22.750.00 Interest to G/F 6,038.00 6,038.00 Sub-Total 19.501.00 28.788.00 less operating costs (59,026.00) (59.026.00) Subsidy from G/F (39,525.00) (30,238.00) FISCAL '91 tF INCREASED LOTS: 24 city 4.800.00 9~600.00 4 co~mty 1.300.00 2,000.00 11 out of co~mty 4.400.00 6.600.00 CREMAINS: 2 city 200.00 400.00 REVENUE LOT SALES !0. 700.00 18.600. O0 I/2 lot, sales to G/F 5. 350.00 9,300.00 Interest, to G/F 2. 7,_ O0 2 77~ 0a Sub-Total 8,1~.-~. 00 less operating costs ~,:,~_,466 00 Subsidy from G/F "24~34~;.00 12. 073, O0 '.20. 393. O0 ~ SEBASTIAN POLICE DEPARTMENT ~IUI]I Il Ill Illll Earle L. Petty, Chief of Police I IIII IIIII Office of the Chief Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 I II IlJL I III MEMORANDUM DATE : April 18, 1991 TO : Robert S. McClary, City Manager :. Earle Petty, Chief of Po~) SLB3ECT: Proposed Alarm Ordinance Attached is a copy of our proposed Alarm Ordinance for your review. The model security alarm ordinance (our proposed alarm ordinance), was prepared by the National Burglar and Fire Alarm Association. It has been officially endorsed by the Security Industry Association, for use An implementing ordinances with the primary purpose of reducing false alarms. This proposed alarm ordinance is based on a permit system with appropriate controls to facilitate false alarm reduction, police control and administration and the disciplined use of alarm systems by alarm users. If you have any questions pertaining to this proposed alarm ordinance, please contact me at your earliest convenience. EP/ave Enclosure (Proposed Alarm Ordinance) SECURITY ALARM ORDINANCE ALARMS RESPONDED TO BY THE POLICE DEPARll~ENT Section 1. Purpose (A) The purpose of this ordinance is to encourage security alarm users and alarm businesses (sales, installation, customer service and/or monitoring) to maAntaln the operational reliability and the proper use of alarm systems in'limiting unnecessary police emergency re- sponses to false alarms. (B) This ordinance governs burglary and robbery systems, requires permits, establishes fees, provides for penalties for violations, establishes a system of administration and sets conditions for suspension or loss of permlt. Section 2. Definitions (A) Alarm administrator means a person or persons designated by the City Manager to administer, control and revlew alarm applications, oermlts and false alarm notifications. (B) Alarm notification means a notification intended to sun, non the police, which is designated either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of un- authorized intrusion. (C) Alarm Review Board_.,sigql]J2~the City's Code Enforcement Board as appolnted by thel~'I~y Ch~-r-[~ C..-,~ o p d~,~,~-~ (D) Alarm site means a single premise or location served by an alarm system or systems. (E) Alarm system means a device or system that emits, transmits or relays a signal intended to sun]non, or that would reasonably be expected to sun]non police services of the City. Alrarm system does not In- clude: 1. An alarm installed on a vehicle unless the vehicle is permanently located at a site. An alarm designed to alert only the inhabitants of a premises and has no exterior audible signal or sound. (F) False alrm notification (F.A.N.) means an alarm notification to the police department, when the responding officer finds no evidence of . a criminal offense or attempted criminal offense. Excluded from this definition are: (1) Alarms occurring durjng'electrical storms, hurricane, tornado and acts of God. -1- (g) (H) (2) The Intermittent dlsruptlon or disruption of the telephone cir- cuits beyond the control of the alarm company and/or alarm user. (3) Electrical power disruption or failure. Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. Permit holder means the person designated in the application as re- ouIred In Subsection 3(c)(1) who is responsible for responding to a~s and giving access to the site, and who Is responsible for proper malntenance and operation of the alarm system and payment of fees. (I) Person means an individual, corporation,partnership, association, organization or similar entlty. Sectlon 3. Permlt Required; Application: Fee; Transferability; False Statements. (A) A person commits an offense If he operates or causes to be operated an alarm system without a valld permit lssued by the alarm admini- strator. A separate permit is reoulred for each alarm system. (1) A permit shall be issued by the alarm administrator with a copy provided to the police communications center within two (2) worklng days. (B) Upon receipt of a completed application form and a nonrefundable pemlt fee of $25.00 for a new permit and $15.00 for a permit renewal, the alarm administrator shall issue an alarm permit to an applicant unless the applicant has: (1) Failed to pay a fee assessed under Sectlon 12 (C) or, (2) Had an alarm permit for the alarm slte revoked, and the violaUon causing the revocation has not been corrected. (C) Each permit applicant must include the following Information: (1) The name, address and telephone number of the person responslble for the proper maintenance and operation of the alarm system: (2) The name, address and telephone numbers of the person who wlll be the permit holder and be responsible for payment of the fees assessed under thls ar-tIcle; (3) The classification of the alarm site as residential, conTnerclal or apartment; (4) The purpose of each alarm located at the alarm slte, 1.e., ln- 'trusion, robbery or panic. -2- (5) Any other Information which may be requlred for the enforcement of thls artlcle. (D) Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufflclent cause for refusal to issue a permit. (E) An alarm permlt cannot be transferred to another person. A permit holder shall inform the alarm administrator of any change that alters any information listed on the permit application wlthln two (2) business days. The alarm admlnIstrator must notify the police depart- ment of any changes within two (2) buslness days. No fees will be assessed for such changes. Section 4. Permit Duration And Renewal A permit expires three (3) years from the date of Issuance and must be renewed for a new three (3) year period by submlttIng an updated appll- catlon and a permit renewal fee to the alarm administrator. Is ls the responsibility of the pe~mlt holder to submit an application prlor to the permit expiration date. Failure to renew will be classified as use of non-permitted alarm system and citations and penaltles shall be assessed without waiver. Section 5. Proper Alarm Systems Operation And Maintenance (A) A permit holder or person in control of an alarm system shall: (1) Malntaln the premises and the alarm system in a manner that w111 minimize or elimlnate false ala~ notifications, and (2) Respond or cause his representative to appear at the systems location wlthln a reasonable perlod of time when notifled by the £ity to deactivate a malfunctioning alarm system and to provide access to the premises. (3) Not manually activate an alarm for any reason othen than an occurrence of an event that the alarm was lntended to report. (B) A person in control of a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than ten (10) minutes after being actlvated. Sectlon 6. Manual Reset Required A person In control of a local alarm or alarm system that causes an alarm notiflcatlon detectable by any means outside of the premises shall adjust the system so that upon activatlon, the system will not transmit another alarm signal without first being manually reset. Section'7. Reporting Of Alarm Signals A permit holder or person in charge of an alarm system shall not contract or retain an alarm company which is not properly licensed. -3- ~ection 8. Alarm Notifications (A) (B) No person or permit holder shall cause an alarm system to directly contact the police department by mechanical means. (No automatic dialing type systems). Only financial institutions, If so desired, may utilize the currently installed alarm board located in the police communications center. Section S. Alarm System Operating Instructions A person in control of an alarm system shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, comblnatJons or passwords should not be included in these instructions. Section 10. Alarm Dispatch Records (A) The officer responding to an alarm call shall record such information as necessary to maintain records, including but not limited to the followlng information: (1) Identification of the permlt holder (2) Identification of the alarm site- (3) Arrival time and dispatch received time (4) Time of day and date (5) Weather conditions (6) Name of permit holder's representative on site (B) The responding police officer shall indicate on the dispatch record whether the notification was caused by a crimlnal offense, an attempted criminal offense or was a false alarm. (C) In the case of an assumed false alarm, the responding police officer shall leave notice at the alarm site that the police department has responded to a false alarm notification. The notice must include the following information: (1) The date and time of police response (2) The identification number of the responding pollce officer and (3) A statement urging the permit holder to ensure that the alarm system is properly operated and maintained. Section 11. System Performance Reviews If there is reason to believe that an alarm system is not being used or malntained in a manner that insures proper operation and suppresses false alarms, the chief of police may require a conference with an alarm permit holder and the indlvldual or association responslble for maintenance of the alarm system to review the circumstances of each false alarm. -4- Section 12. False Alarm Notification (A) The holder of an alarm permit or the person in control of an alarm system shall be subject to warnings and suspension or loss of permit depending on the number of false alarm notifications within a 12 month period based upon the following schedule: NLI~BER OF FALSE ALARM NOTIFICATIONS ACTION TAKEN 1 2 3 4 5 Written Notice Warning Letter # 1 Warning Letter # 2 Suspension of Permit Revocation of Permit (B) Newly installed systems will be given a 30 day grace period to ensure groper operation, provided that a permit has been issued. (C) Any person operating a non-permitted alarm system will be subject to a citation and assessment of $50.00 for each F.A.N. without the benefit of notification as provided in Section 12 (A) above. Section 13. Suspension of Alarm Permit (A) The fourth false alarm notlflcatlon shall result in a notice of sus- pension of permit to remain effective until such time as: (1) Permit Holder has responded by acknowledging the suspension in writing as directed by the alarm administrator, and (2) The permit holder has.taken action to remedy cause(s) of false alarm and reported as directed, and (3) The alarm administrator has issued a removal of suspension. Section 14. Revocation of Alarm Permit (A) The alarm administrator shall revoke an alarm permit if it is deter- mined that: (1) There ls a false statement of a material matter in the appllcatlon for a permit, (2) The permit holder has violated Section 5, ~, 7 or 8, or (3) The permit holder has failed to make timely payment of a fee assessed under Section 12 (C) or, (4) Five (5) or more F.A.N. have been emitted from the alarm site within a 12 (twelve) month period. (B) A person com~its an offense if he operates an alarm system during the period in which his alarm permit is revoked. -5- Sectim 15. ~ Fzon g~tal O~ ~=~ocation Of A F~nAt (A> If the alarm administrator denies the issuance of a permit, or the chief of police revokes a permit, that person shall send a written notice of hls action and a statement of the right to appeal, by Certifled Nail, Return Receipt Requested, to both the applicant and the alarm installing company. (1) The applicant may appeal the decision of the chief of police or alarm administrator by filing a written request with the code enforcement board, setting forth the reasons for the appeal within ten (10) days after the receipt of the written notification. (2) Filing of an appeal shall stay the revocation if flied within ten (10) days. If not filed wlthIn the ten (10) day period, the action by the chief of police is final. (B) (3) The code enforcement board, for appeal, requires the attendance of the permit holder and applicable ala~ company. The code enforcement board shall conduct a formal hearing and con- sider the evidence by any interested person(s). The board shall make their decision on the basis of a preponderance of the evidence presented at the hearing. The board must render a decision within thirty (30) days after the request for an appeal hearing is filed. The board shall affirm, reverse or modify the action of the chief. The decision of the board is. final as to administrative remedies with the City. Section 16. Reinstatement of Permit (A) A person whose alarm permit has been revoked may be issued a new per- mit if the person: (1) Submits an updated appllcatlon and pays a $25.00 permit fee, and (2) Pays, or otherwise resolves all citations issued under this ordinance, and (3) Upon submission of certification from a licensed alarm company stating that the alarm has been inspected/maintained by the alarm company and found to be in proper operating order. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: BID BONDS Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exh£bits: Finance, (LWN~ 4-24-9] EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMEN~ Section 2-64(b) of the City of Sebastian City Code, titled bid bonds, states: "When deemed necessary by the City Manager bid bonds shall be prescribed in the public bid notice. Unsuccessful bidders shall be entitled to return of surety after final action. A successful bidder shall forfeit any surety required by the City Manager upon failure on his part to enter a contract within ten (10) days after, receipt of a proposed contract from the city unless extended by the city." In addition, City Code Section 2-64(i'), Payment and PerfDasmance Bonds, states: "The Cit~' Manager shall have the authority to require a payment and performance bond before entering a contract, in such amount as he shall find reasonably necessary to protect the best. interest, of the city. Any requirement, under this section shall be included in the bid specifications." e2i/2¥ Page 2, Agenda Transmittal, Bid Bonds Florida Statutes Section 255.05 Bond of Contractor Constructing Public Bui~ from Acti.~n by Materialman. states, in part.~ "When such work is done for the state and the contract, is for One hundred thousand dollars ($100~000~ or less, no payment and performance bond shall be required. At the discretion of the board awarding such contract, when such work is done for any county, city, political subdivision or public authority, any person entering into such contract, which is for Two hundred thousand dollars ($200,000) or less may be exempted from executing the payment and performance bond." The Vero Beach City Code pertaining to bid bonds has the exact, language as does Sebastian's code. but Vero uses an amount of Twenty five thousand dollars ($25.000) as a minimum, as does Indian River County, when requiring a bid bond or payment and performance bond. Since the state uses a minimum of One hundred thousand dollars ($100,000~ it would be a good policy for the City of Sebastian to follow this example. We are currently retaining ten percent ~i0%} from any request. for payment, submitted by a contractor until it. is certified that. the suppliers and all of the sub-contractors have been eaid in full. The current City Code Sections 2-64(b~, and 2-64(i) give the City Manager the authority to require any bonding deemed necessary to ~rotect the city's interest, but generally speaking, ne, bond should be required on contracts of One hundred thousand dollars ($100.000) or less. RECOMMENDED ACTIO~ Move to direct the City Attorney to draft amendments to the City Code to require a bid. payment and performance bond for bids or contracts over One hundred thousand dollars ($i00,000'), provided the City Council may, for good cause shown~ waive the bonds for projects over One hundred thousand dollars ~$!0(}.000~ but less than Two hundred thousand dollars ($200,000). City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Advisory Boards - Terms of Office Approved For Submittal By: City Manager ~' ~ ) Agenda No. Dept. of Origin: City Clerk (KOH) Date Submitted: 04/25/91 For Agenda Of: 05/01/91 Exhibits: - Resolution R- 90-17 EXPENDITURE REQUIRED: ~MOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its Regular Meeting of April 24, 1991, the City Council discussed the term of office for advisory board members as well as placing a limitation on the number of years a particular individual could serve as Chairman or Vice-Chairman. Advisory boards are generally governed by Resolution No. R-90-17. Should the City Council wish to limit the terms a member could serve as an officer, it could do so by modifying Resolution No. R-90-17. It would be helpful for the Mayor and each member of City Council to bring his copy of the "Board Handbook". RECOMMENDED ACTION Move to direct staff to prepare amendments to Resolution No. R- 90-17. The amendment would include a required annual reorganizational meeting of the board and a limitation of years a member could serve as Chairman or Vice-Chairman of a board. RESOLUTION NO. R-90-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS; ESTABLISHING UNIFORM PROCEDURE FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATE MEMBERS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; REQUIRING AN ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT; PROVIDING FOR RESIGNATION AND RE-APPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the performance of its duties; and WHEREAS, the City Council desires to establish a uniform procedure for appointment to such advisory boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. TERM. The members of all appointive boards, commissions, and committees shall be appointed to a three (3) year term unless otherwise provided by ordinance or Florida Statute. Terms shall be staggered so that no more than three (3) members shall be appointed in any given calendar year. SECTION 2. RESIDENCY. The majority of the members of each appointive bQard, commission, or committee shall be residents of the City of Sebastian unless applicable Florida statute or City ordinance require that all members of such board, commission, or committee reside within the corporate limits of the City. The remaining members of all appointive boards, commissions, and committees shall reside in Indian River County. SECTION 3. ALTERNATE MEMBERS. Ail appointive boards, commissions, and committees, except the Code Enforcement Board, shall have at least one (1) alternate member with a maximum of two (2) alternate members. SECTION 4. DUTIES OF THE CITY CLERK. a. Th® City Clerk shall keep and maintain a list of the names, addresses, and telephone numbers of all members of appointive boards, commissions, and committees; their date of appointment, re-appointment, and term expiration. b. The City Clerk shall timely inform the City Council and City Manager of any changes made to the composition of any appointive board, commission, or committee. c. The City Clerk shall provide each new appointee with a copy of the publication entitled Florida Commission on Ethics Guide for Political Officers and Employee~, the City Board Handbook and related financial disclosure forms. SECTION 5. APPLICATION. a. The City Council shall approve a uniform application which shall be completed by each individual seeking appointment to a board, commission, or committee. b. Each applicant shall file a complete application with the City Clerk which is signed and dated by the applicant. Each applicant shall attest to the truthfulness of the information on the application. 2 SECTION 6. INVESTIGATION. a. Each applicant shall, at the time of submitting his application, authorize an active warrant check by the Chief of Police. b. The City Clerk shall forward a copy of the application to the Chief of Police. The original application shall be filed by the City Clerk in the public records of her office. c. The Chief of Police shall determine if the applicant is presently the subject of an active warrant. Upon completion of this inquiry, the Chief of Police shall forward a copy of all documentation to the City Clerk. The Clerk shall then promptly forward a copy of this documentation to the chairman of the respective board, commission, or committee to which the applicant is seeking appointment. SECTION ?. RESIGNATION. Any member of an appointive board, commission, or committee who does not intend to seek re- appointment shall notify the chairman of such board, commission, or committee at least two (2) months in advance of the expiration date of the term. SECTION 8. RE-APPOINTMENT. a. Each member of an appointive board, commission, or committee who seeks re-appointment shall notify, in writing, the respective chairman of the board, commission, or committee of the intention to seek re-appointment at least two (2) months in advance of the term expiration date. b. The chairman shall present the re-appointment of a member to the other members who shall vote to make a 3 recommendation to the City Council. e. In the event that the City Council fails to re-appoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until re-appointment is ratified or a new appointment is confirmed. SECTION 9. UNEXPIRED TERM. In the event that a vacancy occurs prior to the expiration of the term, the chairman of the respective board, commission, or committee shall place the filling of Such term on the agenda of the next regular meeting or call a special meeting, for the sole purpose of considering the filling of such vacancy. The board, commission, or committee may recommend the filling of the unexpired term by appointment of an alternate member. The City Council shall review the recommendations of the board, commission, or committee prior to exercising its discretion in filling the unexpired term. SECTION 10. SOLICITATION FOR APPLICANTS. a. The City Clerk shall, by press release in a newspaper of general circulation, notice open positions at the request of board secretaries. SECTION 11. INTERVIEW. The respective board, commission, committee or City Council may interview an applicant at a public meeting. Each member of a board, commission, committee, or City Council shall vote for their choice for the appointment at a public meeting designated for such purpose. SECTION 12. REMOVAL. a. Prior to suspending or removing a member of an appointive board, commission, or committee, the City Council shall specify sufficient facts to advise the affected member as 4 to the basis for his suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. b. The City Council may suspend or remove from office any board member for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. c. The City Council may suspend or remove from office any municipal board member for the falsification or omission of information requested on the application form; the failure to attend three (3) consecutive regular meetings of the respective board, commission, or committee without being excused by the chairman; being adjudicated as incapacitated or incompetent by a court of law; establishing permanent residency in contravention to the conditions for appointment; or failing to file a financial disclosure as required by Chapter ll2, Florida Statutes. d. The City Council may suspend from office any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of the office or who is indicted or informed against for the commission of any federal felony or misdemeanor or state felony or misdemeanor. e. The City Council may remove from office any municipal board member who is convicted of a Federal felony or misdemeanor or state felony or misdemeanor. For purposes of this subsection, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. 5 f. The City Council may, in its discretion, reinstate any municipal board member at any time prior to his removal. g. The suspension of a municipal board member by the City Council creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a municipal board member, under the provisions of this section, shall be filled by a temporary appointment to such office for the period of the suspension, not to exceed beyond the term of the suspended municipal board member. Such temporary appointment shall be made in the same manner and by the same authority as provided by this Resolution for the filling of a permanent vacancy in such office. h. No municipal board member who has been suspended from office under this section may perform any official act, duty, or function during his suspension; receive any pay or allowance during his suspension; or be entitled to any of the emoluments or privileges of his office during his suspension. i. If a municipal board member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he was suspended under the provisions of this section, the City Council shall forthwith revoke the suspension and restore such municipal board member to office. SECTION 13. CONFLICT. Resolution R-80-28 and all other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 14. SEVERABILITY. In the event a court of competent Jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the'City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregging Resolution was moved for adoption by Councilman ~L~ ~.~ . The motion was seconded by Councilman '..~'~~,~[.~ and, upon being put to a vote, the vote was as fo'll~Qs: Mayor W.E. Conyers Councilman Robert McCollum Councilman Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and c TY OF SEBASTiAn, F,.ORlOA ATTEST: --~ .~ Kathr~ M. O'Halloran, CMC/AAE City Clerk ( SEAL ) Approvals to Form and Content: Charles Ian Nash, City Attorney 7 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT~ PROPOSED AMENDMENTS FOR NUISANCE ORDINANCE Approved For Submittal City Manager ) Agenda No. ) Dept. Origin Communi,t¥ Development ) ( EC )~f_ ) Date Submitted 4/25/91 ) ) For Agenda Of ) Exhibits: ) ) ) ) ) 5/01~91 Proposed Ordinance for Chapter 12 and Chapter 16 of the Code of Ordinances Memorandum from P & Z dated 4/25/91 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED~ SUMMARY STATEMENT The Planning & Zoning Commission has approved a motion to recommend to the City Council to amend Chapter 12 and Chapter 16 of the Code of Ordinances. Chapter 12 regulates violations concerning junk and Chapter 16 regulates violations of nuisances. Enclosed in your packet is the proposed language for your review. The following items are the substance in the proposed amendment= Section 16-4 requires the time of compliance in any case of a nuisance to be reduced to 15 days. Presently, the code requires a minimum of 30 days for anyone to bring a violation into compliance. In the past, to require someone 30 days to remove trash or to mow seems to be an excessive amount of time. Staff will always work with out-of-state owners or circumstances out of someone's control if the alleged violator needs additional time and their request is reasonable. Section 16-2 (1) has been deleted and 16-4 in the proposed ordinance has been added to require only improved properties to maintain the grass and weeds to a maximum height of 10 inches. Presently, any vacant lot that has been cleared of weeds, grass, vines or other vegetable growth would have to maintain the grass and weeds to a maximum of 10 inches in height. Staff and Planning and Zoning Commission are recommending that only improved properties should have to be maintained. Page 2 Section 12-30 is proposed to add additional language to the definition of junk. The proposed amendment would require all vehicles to have a current motor vehicle tag assigned to the vehicle. RECOMMENDED ACTION Review the proposed amendments at the workshop meeting. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AND -.~TY ,,_.OUNCT~_ _2f'qDA ,~"..mNCHEN_ ~ PLANNTNG AND ZONTN¢:_-. !'.:h: N,.,~.; .... ~_.E ORD~_NANCE "LEA.z,=.'"' -~ :-,E-'. AT,~\,',.;. :,-,"-"' ..... D THAT ¢,.'!- ¥',iETF; )Oc'~ T,~E C'LANNZNG, AND ~'-'"'TN,E: .~-:Of'1~ZS:::'~Oi',. f"/i/-',D2 P M(~T(")~; "TC: '7-~ E C "-' ~ ~ -- ', ,_,, ~.'-' A :-'-.'"¢ ~--.' Q V A L' .... OF --',", ,±'- C !-i A,N'-' "'-¢ L. :. i.O~ ~)PE;'-N.~,NCES P,S 'DEr'~ZNED ]r,,~ THE ~RE::,-,- ,,.'~--~', =~_ .... ~::"," TH: [.i'r iRE'-j: TO~' 9T' - ..... '-'r'd~' '~'.: 7~ T'Y [)~' ',/: ..... :_.'-'_}~'M'"z-- !"iT . ,:_- O N T ~, t: 7' ,"-fi E . CHAPTER 16 Bs~. 16-1. Defined. Per the purposes of this chapter, the word "nuisance" is hereby defined as any person doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which' act, omission, condition or thing either: (1) Injures or endangers the comfort, repose, health or safety of others; or (2) Offends decency; or (3) Is offensive to the senses; or (4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or In any way renders other persons insecure in life or the use of property; or (6) Essentially interferes with comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. (Code 1970, § 12-3) 8eo. 1~.1. General Definitions. (i) Improved real property: Any lot, tract or parcel of land upon which a structure of any kind or type has been either placed or constructed. Improved real property shall not include property which is otherwide unimproved except to the extent that a dock or similar structure has been constructed pursuant to ~20A-5.7(D) of the Land Development Code of the City of Sebastian. (2) Unimproved real property: Any lot, tract or parcel of land that does not have any structure of any kind or type either placed or constructed upon it. 8eo. 16-1.2. Council intent. The city council of the city finds and determines that the continuous growth and urban development of this city require the reasonable and effective control and regulation of excessive growth and accumulation of weeds, under growth and other plant life tO the extent and in such manner as to cause infestation by rodents and other health endangering wild animals, the breeding of mosquitos and vermin or to threaten or endanger the public health, or adversely affect and impair the economic welfare or adjacent property. These findings are not to be construed to be in conflict with the intent of the council to encourage the protection of trees in this community. Further, the council finds and determines that the accumulation of garbage and trash and the accumulation, storage and maintenance of Junk of trash requires reasonable and effective control to protect the public health, safety and welfare of the community. (od. No. 9-81-4, § 1, 2-18-81) ~eo. X~-2. Zllus~rative eaumeration. The maintaining, u~ing, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following'items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or re~trictive: Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris or other refuse of any nature; (2) Any condition which harborage for rats, mice, snakes and other vermin; (3) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located; (4) (6) (7) Ail unnecessary or unauthorized noises and annoying vibrations, including animal noises; Ail disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches; The carcasses of animals or fowl not disposed of within a reasonable time after death; The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial waters or other substances; Any building, structure or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained; (9) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground excluding drainage facilities contained in public rights of way or easements as authorized by the City of Sebastian; (10) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities; 16-3. Improved real property. It shall be unlawful for any owner or owners of any improved real property located within the city to either permit weeds, grass or undergrowth to grow thereon to a height of more than ten (10) inches or more from the ground or permit rubbish, trash, debris, Junk, dead trees or other unsightly or unsanitary matter to remain thereon. Sec. x6.4. Notice of violatioa -- Oe~erall2. Upon the failure of the owner or owners of any lot, parcel or tract of land within the city to keep such premises free of weeds, grass and undergrowth of a height of ten (10) inches or more from the ground, or of rubbish, trash, debris, dead trees, or other unsightly or unsanitary matter, or to keep such premises free of excavations or depressions, or other nuisances as provided in section 16-2, provided above, then it shall be the duty of the building official to give such notice to such owner or owners of his violation of this article and to demand elimination of the violation within fifteen (15) days after the receipt, or posting, of such notice. (Od. No. 0-81-4, § 1, 2-18-81) geo. X6-$. Same -- Proaedure and The notice required by section 16-2.1, above, shall be given by certified mail, addressed to the owner or owners of the property described, as their names and addresses are then shown upon the tax roll of the county property appraiser, as of the date received (or posted). In the even that such notice is returned by postal authorities without evidencing receipt thereof by the addressee or other adult occupant of the premises, the mayor shall cause a copy of the notice to be served by a police officer of the city upon the occupant of the property, or upon any agent of the owner thereof, if located in Indian River County. In the event that personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after two (2) attempts by such officer, the notice shall be accomplished by physically posting same on the said property. The notice shall be in substantially the following form: Name of owner Address of owner Public records indicate =hat you are the owner(s) of the following property in the City of Sebastian, Florida= (describe property) An inspection of this property discloses, and the code enforcement division has found and determined that a condition exists thereon which is a violation of section 16-2 or 16-3 of the Code or Ordinances of the City of Sebastian in that: (describe here the condition which places the property in violation) You are hereby notified that unlees the condition above described is remedied so as to make it nonviolative of said section 16-2 or 16-3 of the Code of Ordinances of said city within fifteen (15) days from the date of receipt hereof, the City of Sebastian will proceed to remedy this condition and the expenses, will be imposed as a lien on the property if not paid within fourteen (14) days after receipt of billing. If you have any que~tions, please phone the street department of the city. If you dispute that said alleged conditions exist on said property, you may req,/est a hearing before the city council to show good reason why said condition should not be corrected. Such notice must be in writing and must be postmarked by a date not later than ten (10.0) days after your receipt of this notice by you or the occupant of the premises, and addressed to city clerk, city hall. City of Sebastian By Building Official (Code 1970, § § 14-2, 14-3; Ord. No. 0-81-4, §2, 2-18-81) CHAPTER 12 GARBAGE. REFUSE AND JUNK ARTICLE III. JUNK Sec. 12.36. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them~ Junk~ Includes all junked or discarded automobiles, machinery, building materials and similar objects. A junked or discarded automobile shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. An automobile which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junked and discarded automobile if it becomes impractical to repair because of financial reasons or otherwise and ii it shall remain without repair for a period of thirty (30) days after the collision or upset which substantially wrecked or demolished the motor vehicle. Lack of a current motor vehicle tag assigned to the vehicle shall be prima facia evidence of the vehicle being junk. This provision, however, shall not apply to vehicles which are properly registered in the State of Florida. and which are not required to display a motor vehicle tag by the laws of the State of Florida.