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Home My WebLink About01171990 CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 17, 1990 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN FISCHER AT 2:00 P.M. ROLL CALL: PRESENT: VICE CHAIRMAN FISCHER MRS. KOSTENBADER MR. VICKERS MR. GILLIAMS EXCUSED: CHAIRMAN DEROBERTIS PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER; RICHARD TORPY, CITY ATTORNEY. EXCUSED: BRUCE COOPER, BUILDING OFFICIAL APPROVAL OF MINUTES: MOTION BY MR. VICKERS, SECONDED BY MR. GILLIAMS TO APPROVE THE MINUTES OF MEETING HELD ON NOVEMBER 15, 1989 AS WRITTEN. A MOTION WAS MADE BY MR. GILLiAMS AND SECONDED BY MR. VICKERS TO AMEND THE MOTION TO APPROVE THE MINUTES OF THE MEETING HELD ON NOVEMBER 15, 1989. IT SHOULD NOW READ AS FOLLOWS: MR. DOLLINS WAS CHARGED IN VIOLATION OF SECTION 12-31 OF THE CODE OF ORDINANCE. ROLL CALL: AYES: VICE CHAIRMAN FISCHER MRS. KOSTENBADER MR. VICKERS MR. GILLIAMS NAYES: NONE CARRIED OLD BUSINESS: NONE NEW BUSINESS: CASE 89-3168 JOHN ALLEN ATTORNEY LULICH SWORE IN MR. ALLEN AND STATED HE WAS CHARGED WITH VIOLATING SECTION 20A-5.16(C)(4). MR. ALLEN DIDN'T WANT THE SECTION READ TO HIM. MR. TORPY, CITY ATTORNEY, QUESTIONED ROBERT N. NICHOLSON, CODE ENFORCEMENT OFFICER. ON DECEMBER 27, 1989 MR. NICHOLSON OBSERVED THE MOTORHOME IN THE DRIVEWAY. HE TOOK NO ACTION AT CODE ENFORCEMENT BOARD - REGULAR MEETING- 1/17/90 CASE~ 89-3168 PAGE 2 THAT TIME. DECEMBER 29, 1989 RETURNED AND SPOKE TO MRS. ALLEN. MRS. ALLEN STATED THEY HAD NO HEAT AND WAS USING THE MOTORHOME. WOULD BE REMOVED BY JANUARY 1, 1990. MR. NICHOLSON RETURNED JANUARY 2, 1990 AND IT WAS NOT REMOVED. A LETTER WAS SERVED JANUARY 7, 1990 THROUGH A.S.A.P. DELIVERY TO APPEAR BEFORE THE BOARD. THERE HAS BEEN 7 PREVIOUS OCCASIONS THAT THE MOTOR HOME WAS FOUND IN THE DRIVEWAY. THE MOTORHOME HAD BEEN REMOVED AT THE TIME OF THE HEARING. A PHOTOGRAPH WAS GIVEN TO THE BOARD FOR REVIEW. RECOMMENDATION BY MR. NICHOLSON TO TAKE NO ACTION ON THIS CASE. THE VIOLATION DID EXIST AND IF IT HAPPENS AGAIN, MR ALLEN WOULD BE CALLED BACK TO THE CODE ENFORCEMENT BOARD. MR. JOHN ALLEN GAVE A RUN DOWN OF THE CASE. HE STATED HE LEFT MOTORHOME IN DRIVEWAY NOT KNOWING HE WAS iN VIOLATION. HE TOOK PLANTS OUT OF HIS SIDE YARD TO MAKE ROOM TO PUT THE MOTORHOME. THERE WAS STILL NOT ENOUGH ROOM TO PARK VEHICLE BECAUSE OF THE OVERHANG OF THE ROOF. MR. ALLEN DID MOVE HIS MOTORHOME TO HIS SON'S HOUSE. AFTER A LENGTHLY DISCUSSION, MR. TORPY, CITY ATTORNEY RECOMMENDED THAT NO FINE BE IMPOSED. MR. ALLEN DID HAVE MOTORHOME PARKED AT RESIDENCE ON DECEMBER 29, 1989 AND WAS IN VIOLATION OF SECTION 20A-5.16(C)(4). THE VEHICLE WAS NOT PARKED BEHIND FRONT OF HOUSE. MR. VICKERS AGREES TO MOTION SO MOVED AS READ. KOSTENBADER SECONDED THE MOTION. MRS. ROLL CALL: AYES: MR. VICKERS MR. GILLIAMS MRS. KOSTENABADER VICE CHAIRMAN FISCHER NAYES: NONE CARRIED MOTION MADE BY MR. GILLIAMS AND SECONDED BY MR. VICKERS TO ACCEPT LETTER OF RESIGNATION BY JOHN LINDSEY DATED JANUARY 16, 1990 AND ADVERTISE FOR A NEW CODE ENFORCEMENT BOARD MEMBER. CODE ENFORCEMENT BOARD - REGULAR MEETING- 1/17/90 CASE# 89-3168 PAGE 3 ROLL CALL: AYES: MR. VICKERS MR. GILLIAMS MRS. KOSTENBADER VICE CHAIRMAN FISCHER NAYES: NONE CARRIED BOARD ATTORNEY REQUESTS AND REPORTS: ATTORNEY LULICH STATED THAT THE BOARD COULD APPROACH PLANNING AND ZONING OR CITY COUNCIL TO DEFINE PARKING AND LOADING OF THIS ORDINANCE. MR. NICHOLSON STATED MR. ALLEN WAS TOLD HE COULD HAVE A FEW DAYS TO LOAD AND EVEN MAKE CURTAINS FOR THE MOTORHOME. MR. ALLEN WAS APPROACHED APRIL 21, 1989 AND THE MOTORHOME WAS NOT REMOVED UNTIL JUNE 6, 1989, MR. NICHOLSON THINKS MR. ALLEN HAD PLENTY OF TIME TO LOAD AND UNLOAD. ATTORNEY'S MATTERS: ATTORNEY LULICH WENT OVER THE PROCEDURES FOR THE BOARD MEMBERS. BUILDING OFFICIAL'S MATTERS: NONE MOTION WAS MADE BY MR. GILLIAMS AND SECONDED BY MRS. KOSTENBADER TO ADJOURN THE MEETING AT 2:45. CARRIED. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 17, 1990 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: 'NEW BUSINESS: REGULAR MEETING OF NOVEMBER 15, 1989 CASE #89-3168 JOHN ALLEN 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 n SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-8330 FAX 407-589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, JANUARY 17, 1990 AT 2:00 P.M. IN THE CiTY COUNCIL CHAMBERS. G. MURTAGH, SECRETARY 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.