The URL can be used to link to this page

Home My WebLink About01151992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY ~ 1992 - 2~00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS~ REGULAR MEETING OF DECEMBER 18, 1991 OLD BUSiNESS~ CASE# 91-5923 JOHN D. & SHIRLEY R. FENNO DISCUSSION OF CERTIFICATION OF FINES FOR THE FOLLOWING~ CASE# 91-5469 CASE# 91-5777 CASE# 91-5411 CASE# 91-5241 CASE# 91-5197 CASE# 90-4400 CASE# 90-4544 NEW BUSINESS~ JOHN BAGBY NANCY LEE SAUNDERS & VERNON SLAVEN MIKE WADE MIKE WADE CHARLES & JUANITA LATIMER R.H. MANN (TOWN STAR) DAVID PAUL LAROSE BOARD ATTORNEY REQUESTS AND REPORTS~ BUILDING OFFICIAL'S MATTERS~ GENERAL DISCUSSION~ PUBLIC INPUT~ ADJOURN NOTE, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS. HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES. HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, JANUARY 15, 1992 AT 2,00 P.M. IN THE CITY COUNCIL CHAMBERS. G. KUBES, SECRETARY SEBASTIAN CODE ENFORCEMENT BOARD NOTE~ IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS. HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 15, 1992 - 2,00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:OO P.M. ROLL CALL .' PRESENT .' MR. NICOLINI CHAIRMAN DEROBERTIS MRS. KOSTBNBADER MR. METCALF VICE CHAIRMAN FISCHER ATTORNEY LULICH EXCUSED: MR. TOZZOLO BRUCE COOPER. BUILDING OFFICIAL LATE: MR. GILLIAMS ALSO PRESENT~ ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER~ RICHARD TORPY. ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES, MOTION WAS MADE BY VICE CHAIRMAN FISCHER, SECONDED BY MRS. KOSTENBADER TO APPROVE THE MINUTES OF THE MEETING HELD DECEMBER 18. 1991. CARRIED. ATTORNEY'S MATTERS: THE BOARD HAD INSTRUCTED ATTORNEY LULICH TO LOOK INTO THE QUESTION OF PLACING INTEREST IN THE FINAL JUDGEMENT, INITIALLY. HE FOUND NO CASE LAW ON THE SUBJECT LEAVING IT TO BE AN OPEN QUESTION. HOWEVER. LOOKING FURTHER INTO IT. HB WOULD SAY NO. MOST ATTORNEY'S GENERAL OPINION REGARDING THE PARTICULAR STATUTE THAT CONTROLS THE CODE ENFORCEMENT BOARD HAD OPPOSED ANY CREATIVE ADDITIONS TO THE STATUTE. ONE PARTICULAR PART OF THE STATUTE (162.O9) SPECIFICALLY STATES THAT A FINE IMPOSED PURSUANT TO THE STATUTE SHALL CONTINUE TO ACCRUE UNTIL THE VIOLATOR COMES INTO COMPLIANCE OR UNTIL JUDGEMENT IS RENDERED IN A SUIT TO FORECLOSE ON A LIEN. THIS APPLIES THAT THE ACCRUAL IS AFTER THE JUDGEMENT IN SO. FAR AS INTEREST IS CONCERNED. SO ATTORNEY LULICH'S OPINION ON THIS MATTER IS THAT WE SHOULD NOT PUT ANYTHING OF THAT SORT AND LIMIT OUR JUDGEMENT TO PENALTIES IN THE AMOUNT OF WHATEVER WE WOULD SET PER DAY OR LUMP SUM. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 15~ 1992 PAGE 2 OLD BUSINESS: CASE #91-5923 JOHN D. & SHIRLEY R. FENNO ASSISTANT CITY ATTORNEY STATED TO THE BOARD THAT THIS WAS A CASE THAT THE BOARD ALREADY DEALT WITH LAST MONTH. THE CITY HAD ALREADY PRESENTED iTS EVIDENCE AND RECOMMENDED A FLAT FINE BE IMPOSED AGAINST THE FENNOS. ASSISTANT CITY ATTORNEY TORPY REQUESTED WE TABLE THIS CASE TO THIS MONTH TO SEE IN FACT IF MR. & MRS. FENNO WOULD ATTEND THE MEETING SINCE HE HAD CALLED STAFF TO REPORT HE COULD NOT ATTEND DECEMBER'S MEETING. THE CITY HAS NO OTHER EVIDENCE TO OFFER AND WE WILL STICK WILL OUR RECOMMENDATION THAT AN $100.OO FINE BE IMPOSED AND THAT THEY BE FOUND IN VIOLATION. NOTICE OF THE HEARING WAS SENT AGAIN FOR JANUARY'S MEETING. MR. & MRS. FENNO WERE NOT PRESENT. ATTORNEY LULiCH GAVE SOME BACKGROUND ON THE CASE TO THE BOARD. JOHN D. & SHIRLEY R. FENNO HAD PARKED THEIR R.V. FORWARD OF THE FRONT YARD SETBACK AND FOUND IN VIOLATION OF THAT. ASSISTANT CITY ATTORNEY TORPY STATED THAT THE FENNOS HAVE A MOTORHOME THAT THEY ARE CONTINUALLY PARKING IN THEIR DRIVEWAY. THEY HAVE BEEN TOLD ON SEVERAL OCCASIONS NOT TO DO THAT BUT STILL CONTINUE DOING IT. THE CODE ENFORCEMENT OFFICER GAVE 3 HOURS ONLY TO REMOVE IT BECAUSE OF THE CONTINUING REPEAT VIOLATIONS THAT THEY HAD PRIOR, ALTHOUGH THEY WERE NEVER ACTUALLY BROUGHT BEFORE THE BOARD BEFORE. SINCE THE R.V. WAS NOT MOVED AFTER THE 3 HOURS WAS ALLOWED, THIS CASE WAS BROUGHT BEFORE THE BOARD. AT THE DATE OF THE HEARING IN DECEMBER, THE MOTORHOME HAD BEEN MOVED. ATTORNEY LULICH SWORE IN ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER. MR. NICHOLSON AGREED WITH THE SUMMATION OF THE CASE BY ASSISTANT CITY ATTORNEY. A MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY MR. METCALF WITH REFERENCE TO CASE# 91-5923 iNVOLVING JOHN & SHIRLEY FENNO THAT THE BOARD MAKES THE FOLLOWING DETERMINATION: THAT THEY WERE IN VIOLATION OF THE R.V. IN THE DRIVEWAY, SECTION 20A-5.16(A)(3)(b) AND SECTION 20A- 5.16(C)(4). THAT THE VIOLATION DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. MOVE THAT A FINE OF $1OO.00 BE LEVIED AND AN ORDER OF ENFORCEMENT IS WARRANTED. CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 15: 1992 PAGE 3 DISCUSSION OF CERTIFICATION OF FINES FOR THE FOLLOWING: CASE# 91-5469 CASE# 91-5777 CASE# 91-5411 CASE# 91-5241 CASE# 91-5197 CASE# 90-4400 CASE# 90-4544 JOHN BAGBY NANCY LEE SAUNDERS & VERNON SLAVEN MIKE WADE MIKE WADE CHARLES & JUANITA LATIMER R.H MANN (TOWN STAR) DAVID PAUL LAROSE ASSISTANT CITY ATTORNEY TORPY STATED THAT THIS COMES BACK FROM THE DISCUSSION WE HAD LAST MONTH AND POSSIBLY THE MONTH BEFORE. THESE ARE THE CASES CURRENTLY THE CITY IS REQUESTING THE BOARD SIMPLY TO CERTIFY FOR FINE PURPOSES. CHAIRMAN DEROBERTIS READ OFF THE LIST OF CASES FOR THE BOARD TO CERTIFY. A MOTION WAS MADE BY MR. METCALF. SECONDED BY MR. NICOLINI THAT THE BOARD CERTIFY THE EXISTING JUDGEMENTS OF THE STATED CASES TO BE RECORDED. CARRIED. NEW BUSINESS, NONE BOARD ATTORNEY REOUESTS AND REPORTS: BUILDING OFFICIAL'~ MATTERS: NONE GENERAL DISCUSSION~ NONE PUBLIC INPUT: NONE ADJOURN, NONE A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF TO ADJOURN THE MEETING AT 2:20 P.M. CARRIED. Minutes approved at the 1992 Meeting. ~efr¥ kub~s, Board Secretary