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Home My WebLink About01191994 City of Sebastian 1225 Main Street [] SEBASTiAN, FLORIDA TELEPHONE (407) 589-5330 D FAX (407) 589-5570 32958 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 19¢ 1994 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 15, 1993 ATTORNEY'S MATTERS: OLD BUSINESS: CASE# 93-8894, JOHN & LESLIE GEHRIG - COMPLIANCE NEW BUSINESS: RESIGNATION OF WAYNE TOZZOLO CASE# 93-9011, ED VASEY CASE# 93-8933, JAMES MALONE BOARD ATTORNEY REQUEST AND REPORTS: BUILDING OFFICIAL'S MATTERS: GENERAL DISCUSSION: MEMO FROM MR. NICOLINI ON A/C DRAINS 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 1225 Mail] Street [] SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 u FAX (407) 589-5570 32958 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 19, 1994 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. NOTE: IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLCMTG.DOC CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 19f 1994 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLIAMS AT 2:00 P.M. ROLL CALL: PRESENT: MR. NICOLINI MR. METCALF MR. TOZZOLO MR. DEROBERTIS CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER ATTORNEY LULICH EXCUSED: LATE: BRUCE COOPER, BUILDING OFFICIAL MR. FISCHER PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON DECEMBER 15, 1993. ROLL CALL: MR. METCALF MR. NICOLINi MR. TOZZOLO MR. DEROBERTIS CHAIRMAN GILLIAMS VICE CHAIRMAI~ KOSTENBADER YES YES YES YES YES YES MOTION CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: CASE# 93-8894, JOHN & LESLIE GEHRIG - A COPY OF THE SIGNED ORDER AND AFFIDAVIT OF COMPLIANCE WAS GIVEN TO THE BOARD FOR THEIR ACCEPTANCE AND INFORMATION. AT 2:10 MR. FISCHER ARRIVED AT THE MEETING. HE WAS EXCUSED FOR BEING LATE. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 19~ 1994 PAGE 2 NEW BUSINESS: RESIGNATION OF WAYNE TOZZOLO: OF RESIGNATION TO THE BOARD. WAYNE TOZZOLO READ HIS LETTER A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. DEROBERTIS TO ACCEPT THE RESIGNATION OF WAYNE TOZZOLO WITH REGRET AND WITH FULL APPRECIATION OF HIS EFFORTS. ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN MR. FISCHER MR. DEROBERTIS YES YES YES YES YES YES MOTION CARRIED. MR. TOZZOLO WAS EXCUSED FROM THE MEETING AT 2:15. CASE# 93-9011, ED VASEY: ATTORNEY LULICH SWORE IN EVERYONE THAT WAS TO TESTIFY AT THIS MEETING. MR. VASEY WAS PRESENT. ASSISTANT CITY ATTORNEY, RICHARD TORPY, QUESTIONED ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER REGARDING THIS CASE. ON 12/22/93 AT 573 ALAMANDA AVENUE (LOT 28, BLOCK 26, UNIT#i) THERE WAS A VIOLATION OF SECTION 82-33 OFF-PREMISE GARAGE SALE SIGNS. THERE WERE 5 OFF-PREMISE SIGNS THAT THE CODE ENFORCEMENT OFFICER NOTED BEING POSTED OFF-PREMISE. MR. NICHOLSON ISSUED MR. VASEY A VIOLATION NOTICE WITH ONE HOUR TO CORRECT THE VIOLATION. THIS NOTICE WAS GIVEN AS THE CITY'S EXHIBIT #1. AT THE TIME THE CODE ENFORCEMENT OFFICER ISSUED THIS NOTICE, MR. VASEY INFORMED HIM HE WOULD NOT COMPLY. A RECHECK WAS DONE A LITTLE OVER 1 HOUR AND THE SIGNS WERE STILL THERE. AFTER THAT DATE, MR. VASEY WAS SERVED NOTICE TO THE BOARD ON JANUARY 3, 1994 BY CERTIFIED MAIL AND RECEIVED THE NOTICE JANUARY 6, 1994 WHICH WAS SIGNED BY ED VASEY. THIS DOCUMENT WAS GIVEN AS THE CITY'S EXHIBIT #2. MR. NICHOLSON REMOVED THE SIGNS TO BRING THIS INTO COMPLIANCE. ALL THE SIGNS WERE LOCATED IN THE CITY RIGHT-OF- WAY. EDWARD VASEY GAVE HIS TESTIMONY. HE DID NOT WANT TO QUESTION MR. NICHOLSON. MR. VASEY BELIEVED HE SHOULD HAVE BEEN TOLD ABOUT THE OFF-PREMISE SIGNS WHEN HE OBTAINED HIS GARAGE SALE PERMIT. HE STATED HE WOULD LIKE HIS SIGNS RETURNED. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 19~ 1994 PAGE 3 ASSISTANT CITY ATTORNEY STATED THAT THE GARAGE SALE PERMIT (LICENSE) STATED IN BOLD LETTERS "OFF-PREMISE SIGNS ARE NOT PERMITTED." MR. VASEY STATED HE COULD NOT READ BECAUSE HE HAS DYSLEXIA. HE DID NOT ASK ANYONE TO READ IT TO HIM. THE GARAGE SALE PERMIT (LICENSE) WAS SUBMITTED AS THE CITY'S EXHIBIT #3. A PHOTOGRAPH OF THE FIVE SIGNS TAKEN AFTER MR. NICHOLSON REMOVED THEM FROM THE CITY RIGHT-OF-WAY WAS GIVEN AS EXHIBIT #4. ASSISTANT CITY ATTORNEY STATED THE PURPOSE TO BRING THIS CASE TO THE BOARD WAS NOT TO IMPOSE A FINE SINCE THERE WAS COMPLIANCE BEFORE THE DATE OF HEARING BUT TO FIND THE ALLEGED VIOLATOR iN VIOLATION. IF MR. VASEY IS FOUND IN VIOLATION OF THE SAME CODE AGAIN, HE COULD BE BROUGHT BACK TO THE BOARD AS A REPEAT VIOLATOR. ATTORNEY LULICH READ SECTION 82-33 REGARDING GARAGE SALE SIGNS. A MOTION WAS MADE BY VICE CHAIRMAN KOSTENBADER, SECONDED BY MR. METCALF TO ACCEPT THE CITY'S RECOMMENDATIONS IN THIS CASE. ROLL CALL: MR. METCALF MR. NICOLiNI CHAIRMA/~ GILLIAMS VICE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS YES YES YES YES NO YES MOTION CARRIED. CASE #93-8933, JAMES MALONE: MR. MALONE WAS NOT PRESENT AT THE MEETING. THE ASSISTANT CITY ATTORNEY QUESTIONED MR. NICHOLSON REGARDING THIS CASE. ON NOVEMBER 22, 1993 MR. NICHOLSON NOTED AT THE RESIDENCE OF JAMES MALONE, 880 GENESSEE AVENUE (LOT 21, BLOCK 316, UNIT #13), THAT HE WAS IN VIOLATION OF 20A-5.16(C)(9) OF THE LAND DEVELOPMENT CODE HAVING THREE BOATS ON HIS PROPERTY, WITH EACH BOAT CLASSIFIED AS A SEPARATE R.V. AND 86-47 OF THE CODE OF ORDINANCES HAVING TWO CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 19~ 1994 PAGE 4 TRUCKS WHICH APPEARED TO BE JUNK AND INOPERABLE. ON DECEMBER 13, 1993 HE WAS SERVED A VIOLATION LETTER BY CERTIFIED MAIL. HE RECEIVED THE NOTICE ON 12/16/93 WHICH WAS SIGNED BY JESSICA HAFEY. THE CITY SUBMITTED THE INITIAL NOTICE OF VIOLATION AS EXHIBIT #1. THE RECHECK DATE WAS DECEMBER 31, 1993 AND MR. MALONE DID NOT COMPLY. MR. MALONE WAS ISSUED A NOTICE TO THE CODE ENFORCEMENT BOARD ON JANUARY 6, 1994 AND RECEIVED THAT NOTICE ON JANUARY 8, 1994 WHICH WAS SIGNED FOR BY JESSICA HAFEY. THIS DOCUMENT WAS GIVEN AS THE CITY'S EXHIBIT # 2. PHOTOGRAPHS WERE GIVEN TO THE BOARD AS THE CITY'S EXHIBIT #3. ASSISTANT CITY ATTORNEY, RICHARD TORPY, ASKED MR. NICHOLSON IF JESSICA~HAFEY RESIDES AT 880 GENESSEE AVENUE. MR. NICHOLSON STATED HE KNEW SHE RESIDES THERE SINCE IT STATES ON THE MAILBOX "HAFEY/MALONE". THE LAST INSPECTION OF THE PROPERTY WAS 1/14/94 AND THE PROPERTY WAS STILL IN VIOLATION. THE BOARD ATTORNEY READ SECTION 20A5.16(C)(9) AND SECTION 86- 47 FOR THE RECORD. AFTER A BRIEF DISCUSSION, A MOTION WAS MADE BY MR. DEROBERTIS SECONDED BY MR. METCALF TO ACCEPT THE PROPOSED ORDER FROM THE CITY WITH NO CHANGES. ASSISTANT CITY ATTORNEY TORPY ASKED THE BOARD IF IT IS THEIR INTENTION TO FIND THEM IN VIOLATION , DO THAT FIRST AND THEN GIVE THE CITY THE OPPORTUNITY FOR SOME ADDITIONAL TESTIMONY THAT WOULD BE NECESSARY TO SUBSTANTIATE THE FINE PORTION OF THIS ORDER. AN AMENDED MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. METCALF TO AMEND THE MOTION AS TO INCLUDE THE PROPOSED ORDER AS TO FINDING OF FACTS AND CONCLUSION OF LAWS EXCLUDING FINDING OF FINES. ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS YES YES YES YES YES YES MOTION CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 19r 1994 PAGE 5 THE ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED THE CITY WOULD OFFER THIS CASE AS A REPEAT VIOLATION ONLY TO THE JUNK VEHICLE PORTION OF IT WITH REGARD TO VIOLATION OF SECTION 86- 47 OF THE CODE OF ORDINANCES. MR. NICHOLSON VERIFIED THAT THE PREVIOUS CASE #90-4360 INVOLVING JAMES MALONE IS THE SAME PERSON WITH REGARD TO CASE # 93-8933. A COPY OF AN ORDER OF VIOLATION OF CASE #90-4360 WHERE A MR. MALONE WAS FOUND IN VIOLATION OF 12-31 OF THE CODE OF ORDINANCES REGARDING JUNK VEHICLES. SINCE 1990 THE CODE OF ORDINANCES HAS BEEN REWORKED. THE NEW CODE NUMBER IS SECTION 86-47. THE CITY IS ASKING THE BOARD TO FIND MR. MALONE IN VIOLATION OF THE JUNK VEHICLES ONLY AND THAT MR. MALONE BE FINED PURSUANT TO THE REPEAT VIOLATION PROVISIONS OF THE FLORIDA STATE STATUTES UNDER CHAPTER 162. THE CITY IS REQUESTING AT THIS TIME THAT MR. MALONE BE FOUND AGAIN IN VIOLATION AND BE FINED $500.00 PER DAY FOR THE VIOLATION OF SECTION 86-47 IF HE DOES NOT COME INTO COMPLIANCE AND $25.00 PER DAY FOR THE VIOLATION OF 20A- 5.16(C)(9) FOR THE BOATS THAT ARE ON THE PROPERTY. ALSO, THE CITY WOULD AMEND THE ORDER TO STATE 15 DAYS FROM DATE OF THIS HEARING TO BRING THE PROPERTY INTO COMPLIANCE INSTEAD OF 5 DAYS. MR. MALONE HAS NOT CONTACTED THE CITY TO STATE HE WOULD NOT ATTEND THE MEETING. A MOTION WAS MADE BY MR. METCALF, SECONDED BY VICE CHAIRMAN KOSTENBADER TO ACCEPT THE RECOMMENDATIONS OF THE CITY AS TO THE AMOUNT OF FINE AND THE TIME LIMITATION OF 15 DAYS INSTEAD OF 5 DAYS. ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS YES YES YES YES YES YES MOTION CARRIED. BOARD ATTORNEY REQUESTS & REPORTS: NONE BUILDING OFFICIAL MATTERS: NONE CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 19~ 1994 PAGE 6 GENERAL DISCUSSION: MEMO FROM MR. NICOLINI REGARDING A/D DRAINS: MR. NICOLINI'S INTENTION WAS ONLY TO BRING THiS BEFORE THE BOARD AND GET THEIR RECOMMENDATION OF WHAT THEY THINK SHOULD BE DONE TO INCORPORATE THIS INTO THE CITY OF SEBASTIAN'S ORDINANCES. HE STATED IT DOES CREATE A HAZARD BY DUMPING THIS AMOUNT OF WATER AND NOT DRAINING IT OFF. WITH SEBASTIAN DEVELOPING AND THE ENERGY CONSERVATION, MR. NICOLINI FEELS IT WILL BECOME MORE AND MORE A PROBLEM IF PEOPLE JUST CONTINUE DUMPING THE WATER ON THE LAWN. MOST OTHER CITIES AS STATED IN THE MEMO REQUIRES A PERSON TO HAVE A DISPOSAL WELL WHICH PUTS THE WATER BACK iNTO THE GROUND OR TIE IT INTO THE CITY SEWER SYSTEM. MR. DEROBERTIS OBJECTED TO THIS SINCE SEBASTIAN DOE NOT HAVE A FULL SEWER SYSTEM AS OTHER CITIES HAVE AND THIS WOULD CREATE A HARDSHIP AT THIS TIME. ATTORNEY LULICH SUGGESTED THAT A LETTER EXPLAINING THIS PROBLEM SHOULD BE SUBMITTED TO THE CITY. A MOTION WAS MADE BY MR. METCALF, SECONDED BY VICE CHAIRMAN KOSTENBADER THAT THE BOARD REQUEST THAT THIS LETTER BE SENT TO THE CITY MANAGER FOR POSSIBLE ACTION. ROBERT NICHOLSON STATED THIS LETTER SHOULD BE REFERRED TO THE CONSTRUCTION BOARD FIRST. ROLL CALL: MR. METCALF MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS YES YES NO NO YES NO MOTION TIED. A MOTION WAS MADE BY VICE CHAIRMAN KOSTENBADER, SECONDED BY MR. NICOLINI TO SEND ONLY THE FIRST PARAGRAPH OF THIS MEMO TO CITY COUNCIL INFORMING THEM THE CODE ENFORCEMENT BOARD HAD A PROBLEM BECAUSE THERE IS NOTHING COVERING THIS ISSUE AND THEY MAY OR MAY NOT DO SOMETHING WITH IT AS THEY CHOOSE. ROLL CALL: MR. METCALF YES CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 19, 1994 PAGE 7 MR. NICOLINI CHAIRMAN GILLiAMS ViCE CHAIRMAN KOSTENBADER MR. FISCHER MR. DEROBERTIS CARRIED. YES YES YES YES NO CHAIRMAN GILLIAMS BROUGHT TO THE BOARD'S ATTENTION THAT BOB FREELAND HAD REQUESTED THE CITY MILNAGER TO LOOK INTO THE FINANCIAL STATUS OF THE CODE ENFORCEMENT BOARD ON WHAT IT IS COSTING THE CITY TO ACTUALLY RUN THIS BOARD. MR. DEROBERTIS STATED THAT AN ATTORNEY COULD PROVIDE THE ACTUAL COURT COSTS. THE BOARD HANDLES CASES ON A MORE PERSONAL LEVEL. ATTORNEY LULICH STATED THAT THE BOARD HAD MET JOINTLY WITH THE CITY COUNCIL. SOMETIMES THE BOARD MAKES RECOMMENDATIONS TO THE CITY COUNCIL AND IT WOULD NOT HAPPEN IN ANOTHER SCENARIO. A COURT THAT WAS OUT OF THIS CITY MIGHT NOT KNOW THE PARTICULAR PROBLEMS OF THE CITY SUCH AS DRAINAGE, SEWER, ETC. HE SUGGESTED THAT BEFORE THE CITY COUNCIL TAKES A FINAL ACTION REGARDING THE BOARD, THAT THE BOARD GETS DUE PROCESS AND MEET WITH THE CITY COUNCIL TO DISCUSS THEIR FEELINGS OF THE BOARD. CHAIRMAN GILLIAMS THOUGHT THAT WAS A GOOD IDEA TO PROVIDE A LETTER TO CITY COUNCIL TO HAVE A JOINT MEETING STATING BEFORE TAKING ANY FINAL ACTION REGARDING THE CODE ENFORCEMENT BOARD, THE BOARD WOULD LIKE TO HAVE A JOINT MEETING. THE BOARD DECIDED TO WAIT TO SEE WHAT THE CITY COUNCIL DECIDES REGARDING THIS BOARD. PUBLIC INPUT: NONE ADJOURN: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO ADJOURN THE MEETING AT 3:20 P.M. CARRIED. Minutes approved at the ~, 199~ Meeting. ~e~rry ~ds, Board Secretary