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Home My WebLink About01161991 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 16, 1991 - 2,00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS~ OLD BUSINESS, REGULAR MEETING OF DECEMBER 19. 1990 RESEARCH ON LIST OF FINES FOR SPECIFIC VIOLATIONS BY BOARD ATTORNEY DISCUSS WRITING CITATIONS FOR FINES JAMES MALONE - CASE# 90-4360 NEW BUSINESS= CELESTE ALBERT (VI'S RESTAURANT) CASE# 90-4620 BOARD ATTORNEY REOUESTS 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 PURPOSESt 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 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC HEETING CITY OF SEBASTIAN 1225 HAIN 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 16. 199! AT 2~OO 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 ENFORCE $, ? REGULAR MEETING JANUARY 16, 1991 - 2~OO P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2=10 P.M. ROLL CALL~ PRESENT~ MRS. KOSTENBADER MR. NICOLINI CHAIRMAN DEROBERTIS VICE CHAIRMAN FISCHER ATTORNEY LULICH MR. GILLIAMS MR. TOZZOLO UNEXCUSED~ MR. METCALF ALSO PRESENT~ BRUCE COOPER, BUILDING OFFICIAL, ROBERT N. NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY MIKE DRISCOLL, CITY ATTORNEY'S OFFICE APPROVAL OF MINUTES~ NOTION WAS MADE BY MR. TOZZOLO AND SECONDED BY VICE CHAIRMAN FISCHER TO APPROVE THE MINUTES OF MEETING HELD ON DECEMBER 19, 1990. CARRIED. ~.T_TORNEY'S MATTERS~ IN REGARDS TO CASE# 90-4620 ASSISTANT CITY ATTORNEY, RICHARD TORPY, ADVISED THE CITY NOT TO PROCEED FORWARD WITH THE HEARING AT THIS TiME BASED ON THE NOTICE OF SUGGESTION OF BANKRUPTCY. THE ASSISTANT CITY ATTORNEY WiLL CREATE A FORM TO FOLLOW FOR A PROPOSED MOTION. IT IS A FORMAL WAY OF PRESENTING STAFF'S RECOMMENDATION FOR THE DISPOSITION OF EACH CASE. THE ASSISTANT CITY ATTORNEY INTRODUCED MR. NIKE DRISCOLL AS A NEW MEMBER OF THEIR LAW FIRM. MR. DRiSCOLL WILL BE TAKING OVER FOR MR. TORPY AT THESE MEETINGS SEVERAL MONTHS FROM NOW. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 16, 1991 PAGE 2 OLD BUSINESS, RESEARCH ON LIST OF FINES FOR SPECIFIC VIOLATIONS~ THE BOARD SUGGESTED THAT STAFF COME UP WITH A UNIFORM FINE SCHEDULE FOR CERTAIN TYPES OF FINES. STAFF COULD ASCERTAIN OTHER CITIES AND COUNTIES THAT UTILIZE A CITATION PROCESS TO GIVE US AN IDEA AND COME UP WITH AN UNIFORM FINE SCHEDULE BETWEEN STAFF AND THE BOARD. IT WOULD BE ADVISABLE TO GO THROUGH CITY COUNCIL AND THE CITY ATTORNEY WOULD ADVISE US THAT WE MAY WANT TO ADOPT SOMETHING BY RESOLUTION. STAFF WILL GET BACKUP FOR THE BOARD BY THE NEXT MEETING. DISCUSS WRITING CITATIONS FOR FINES: SINCE THERE WAS A CHANGE IN THE ORDINANCE CONCERNING THE REOCCURENCE OF FINES THAT CAN BE PLACED, THE STATUTES DOES ALLOW THE CITY TO WRITE CITATIONS. WE WOULD HAVE TO WORK WITH THE COUNTY COURT SYSTEM AND AT THIS TIME, IT APPEARS THAT IT MAY NOT BE FEASIBLE DUE TO NUMEROUS REASONING. IF WE GO TO A CITATION SYSTEM. YOU MAY BE BASICALLY ALLEVIATING THE BOARD'S PURPOSE. ATTORNEY LULICH STATED WHAT THE BOARD WAS LOOKING FOR ORIGINALLY WAS JUST TO HAVE SOME UNIFORMITY WiTH REGARDS TO SPECIFIC VIOLATIONS WHETHER IT BE BY FINDING OUT WHAT OTHER CITIES ARE CHARGING OR GO INTO OUR RECORDS AND FIND OUT WHAT WE HAVE BEEN DOING WITH SPECIFIC VIOLATIONS. IF THE BOARD GOES INTO A CITATION SYSTEM, YOU WOULD BE HANDLING IT OVER TO A POLICE TYPE EFFORT VERSES A BOARD TYPE EFFORT. CHAIRMAN DEROBERTIS STATED THE BOARD WAS LOOKING FOR GUIDELINES TO FOLLOW ON SPECIFIC VIOLATIONS NOT WRITING CITATIONS FOR VIOLATORS TO PAY FINES. BRUCE COOPER STATED THAT STAFF WILL RESEARCH OUR PAST CASES FOR THE LAST 3 YEARS MAKING A LIST OF TYPE OF FINES & VIOLATIONS. WE WILL ALSO ASCERTAIN FROM VARIOUS CITIES AND COUNTIES (ABOUT 4 OR 5) IF THEY HAVE UNIFORM FINE SCHEDULES. CASE# 90-4360. JAMES MALONE, ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, STATED HE WAS OFF FROM WORK AND CARSON COAKLEY, CODE ENFORCEMENT OFFICER, INSPECTED THE PROPERTY AND THE VEHICLE WAS REMOVED 12/22/90. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 16, 1991 PAGE 3 ATTORNEY LULICH STATED THAT THERE WAS A FLAT FINE OF $100.00 AND IF MR. MALONE DID NOT COMPLY WITHIN 1 WEEK OF RECEIPT OF THE ORDER THEN THERE IS A FINE OF $50.00 PER DAY. MR. COOPER SUGGESTED THE BOARD CERTIFY THE FINE OF $1OO.OO. IT MAY BE ADVISABLE TO SEND A NOTICE TO MR. MALONE INFORMING HIM OF THE FINE AND IF IT IS NOT PAID BY THE NEXT MEETING THAT A LIEN WOULD BE PLACED. MR. JAMES MALONE CAME TO MEETING LATE. ATTORNEY LULICH SWORE IN MR. JAMES MALONE AND ROBERT NiCHOLSON. CARSON COAKLEY ASCERTAINED ON DECEMBER 22, 1990 THE PROPERTY WAS IN COMPLIANCE AND THE VIOLATION CEASED TO EXIST AFTER THAT DATE. MR. MALONE HAD UNTIL 12/18/90 TO REMOVE THE VEHICLE. THEREFORE, A $50.00 PER DAY FINE WAS RUNNING FOR FOUR DAYS. MR. MALONE STATED HE DID NOT HAVE ENOUGH TIME. HE WORKS 70 HOURS PER WEEK AND GETS HOME LATE. MR. MALONE CALLED THE OFFICE ON 12/21/90 FOR REINSPECTION OF HIS PROPERTY. THE FIRST JUNKYARD MR. MALONE CALLED HAD CLOSED AND HE HAD TO CONTACT ANOTHER ONE. THEY REMOVED IT 12/21/90. ATTORNEY LULICH STATED THE BOARD NEEDS TO CERTIFY A FINE. THERE IS A $1OO.OO FINE WHICH HAS ALREADY BEEN ORDERED HE PAY. THE BOARD NEEDS TO MAKE A DETERMINATION IF THE FINE SHOULD BE MORE THAN $1OO.OO AND IF IT SHOULD BE IN LIEN FORM. MR. MALONE SAID HE COULD PAY THE $1OO.00 FINE BY 2 WEEKS. MR. NICHOLSON CHECKED THE FILE STATING THAT HE INSPECTED THE PROPERTY ON 12/19/90 AND THE TIRES AND DEBRIS WERE REMOVED. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. NICOLINI TO TABLE CASE #90-4360 UNTIL THE NEXT BOARD MEETING. CARRIED. NEW BUSINESS~ CELESTE ALBERT (VI'S RESTAURANT) CASE# 90-4620 THE ASSISTANT CITY ATTORNEY STATED UNDER ATTORNEY'S MATTERS THAT HE ADVISED THE CITY NOT TO PROCEED WITH THIS CASE AFTER REVIEWING A NOTICE OF SUGGESTION OF BANKRUPTCY. STAFF WILL HAVE THE CITY CLEAN UP THE PROPERTY AND BILL VI'S RESTAURANT. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 16~ 1991 PAGE 4 BOARD ATTORNEY REQUESTS AND REPORTS~ ATTORNEY LULICH ASKED IF THE CITY IS EXPLORING A CiTATiON SYSTEM. AT THIS TIME, MR. COOPER STATED THE CITY IS NOT PURSUING A CITATION SYSTEM UNTIL THE CITY IS LARGER. BUILDING OFFICIAL'S MATTERS~ NONE GENERAL DISCUSSION, CHAIRMAN DEROBERTIS POINTED OUT THAT WE HAVE MORE OF A PROBLEM WITH A CONTRACTOR THAT MOVES HERE AND NEVER GETS LICENSED AND SKIPS OUT OF THE AREA. MR. COOPER SAID WE SEND NOTIFICATIONS OF THE CONSTRUCTION BOARD HEARINGS TO D.P.R. AND OTHER CITIES IF WE KNOW THAT THEY ARE THERE. THE CONSTRUCTION BOARD CAN FINE THEM. THERE ARE POSSIBILITIES IF THEY DO COME BACK. AND IF THE BOARD EVER DECIDES IF THEY WILL GIVE THEM A LICENSE AGAIN. THEY CAN REQUIRE BONDS ON THEM. ATTORNEY LULICH STATED THAT IT WOULD BE PROPER PROCEDURE WHEN AN ALLEGED VIOLATOR IS IN FRONT OF THE BOARD THAT EACH BOARD MEMBER HAVE THEIR CHANCE IF THEY WISH TO ASK QUESTIONS OR MAKE ANY COMMENTS AFTER A MOTION IS INTO AN EFFECT. MR. COOPER STATED THAT STAFF WILL ORDER NAME PLATES FOR ALL THE CODE ENFORCEMENT MEMBERS. PUBLIC INPUT, NONE ADJOURN: A MOTION WAS MADE BY HR. NICOLINI. SECONDED BY MR. GILLIAMS TO ADJOURN THE MEETING AT 3:45 P.M. CARRIED. Minutes approved at the ~~' , 1991 Meeting. Donato Derobertis, Chairman ~err¥ K~J~e s. Board Secretary