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HomeMy WebLinkAbout01201993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIA/~ CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 20, 1993 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 16, 1992 ATTORNEY'S MATTERS: BOARD ATTORNEY'S RESEARCH ON ADDING COSTS OF IMPOSING A FINE TO A FINE. OLD BUSINESS: BOARD TO AUTHORIZE LIEN TO BE PLACED: CASE # 92-6993 NEW BUSINESS: CASE# 92-7536 MICKEY CAPP CASE# 92-7559 RONALD & DEBRA WHITE 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. CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 20_c 1993 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:05 P.M. ROLL CALL: PRESENT: MR. NICOLINI MR. METCALF CHAIRMAi~ DEROBERTIS MR. GILLIAMS MRS. KOSTENBADER MR. TOZZOLO ATTORNEY LULICH EXCUSED: VICE CHAIRMAN FISCHER BRUCE COOPER, BUILDING OFFICIAL PRESENT: ROBERT N. NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON DECEMBER 16, 1992. MOTION CARRIED. ATTORNEY'S MATTERS: BOARD ATTORNEY'S RESEARCH ON ADDING COSTS OF IMPOSING A FINE TO A FINE: ATTORNEY LULICH HAD NOTHING TO REPORT NOW BUT WILL HAVE SOME INFORMATION FOR NEXT MEETING. ASSISTANT CITY ATTORNEY, RICHARD TORPY, GAVE THE BOARD THE STATUS OF THE HERBERT STURM APPEAL. ON THE APPEAL, MR. STURM ALWAYS REFERENCES THE CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN AND THAT IS IMPROPER. MR. TORPY HAS A MOTION PENDING TO STRIKE THE CODE ENFORCEMENT BOARD'S NAME. THE PROPER PARTIES IN THE CASE ARE MR. STURM AND THE CITY OF SEBASTIAN. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 20, 1993 PAGE 2 OLD BUSINESS: BOARD TO AUTHORIZE LIEN TO BE PLACED ON VERNON & NANCY SLAVENS CASE # 92-6993: AFTER A BRIEF DISCUSSION, A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF AUTHORIZING THE BOARD ATTORNEY TO PLACE A LIEN ON CASE # 92-6993 IN REFERENCE TO VERNON AND NANCY SLAVENS IN THE AMOUNT OF $250.00. THE CITY ATTORNEY HAS DELEGATED THE TASK OF PLACING A LIEN TO CITY EMPLOYEES. THEREFORE, MR. GILLIAMS AMENDED HIS MOTION TO READ "THE CITY SHALL PLACE THE LIEN. MR. METCALF SECONDED THE AMENDED MOTION. MR. NICOLINI ASKED MR. NICHOLSON IF MR. SLAVENS EVER CAME IN TO BE LICENSE TO DO WORK. MR. NICHOLSON STATED MR. SLAVENS IS NOT LICENSED IN THE CITY OF SEBASTIAN. ANOTHER COMPLAINT WAS RECEIVED THAT HE WAS DOING WORK AT HOME, HOWEVER IT COULD NOT BE VERIFIED. MOTION WAS CARRIED. NEW BUSINESS: ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING AT THIS MEETING. CASE# 92-7536 MICKEY CAPP ASSISTANT CITY ATTORNEY, RICHARD TORPY, QUESTIONED MR. NICHOLSON CONCERNING THIS CASE. ON DECEMBER 3, 1992, MR. NICHOLSON NOTICED A BOAT PARKED IN THE RIGHT-OF-WAY OF 424 BYWOOD AVENUE. AS PER THE PROCEDURES OF THE CITY, HE WAITED A FEW DAYS TO RECHECK. HE RECHECKED ON DECEMBER 9TH AND THE BOAT WAS STILL PARKED IN THE DRIVEWAY. HE ISSUED A VIOLATION NOTICE OF 24 HOURS TO REMOVE THE BOAT TO MRS. CAPP. HE TALKED TO MRS. CAPP AND SHE S~ID HER HUSBAND WOULD BE HOME AND WOULD REMOVE IT THAT EVENING. THE NEXT MORNING THE BOAT WAS STILL THERE. THEREFORE, THE CASE WAS CERTIFIED TO THiS BOARD. MR. NICHOLSON SERVED NOTICE OF HEARING TO MR. CAPP ON JANUARY 7, 1993. THE NOTICE OF HEARING WAS EXHIBIT 1. A PHOTO WAS TAKEN ON 12/11/92 OF THE BOAT. THE PHOTO IS EXHIBIT 2. THE BOAT HAS BEEN REMOVED AS OF THIS MEETING. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 20! 1993 PAGE 3 ATTORNEY LULICH ASKED MR. CAPP IF HE WOULD LIKE THE SECTION OF THE ORDINANCE READ TO HIM. HE WAIVED THAT. ATTORNEY LULICH DISCLOSED TO THE BOARD THAT HE DID NOT REPRESENT MR. CAPP PERSONALLY BUT HE DID INCORPORATE HIM SEVERAL YEARS AGO. MR. GILLIAMS ALSO DISCLOSED THAT MR. CAPP HAS PERFORMED WORK AT HIS PLACE OF BUSINESS. MR. CAPP GAVE HIS TESTIMONY CONCERNING THIS CASE. HE STATED HE BUILT A HOUSE ON THE RIVER AND KEPT HIS BOAT THERE. IT WAS FINALED ON DECEMBER 3RD AND THE BOAT HAD TO BE REMOVED FROM THE SITE. HE ALSO HAD A DEADLINE ON A CHURCH HE WAS BUILDING IN FELLSMERE. DECEMBER 12TH WAS THE DEDICATION CEREMONY SO HE WAS VERY BUSY. HE DID NOT INTENTIONALLY LEAVE THE BOAT IN THE FRONT. THE BOAT WAS MOVED TO THE SIDE OF MR. CAPP'S HOUSE. MR. NICOLINI ASKED MR. CAPP HOW LONG IT TOOK TO MOVE THE BOAT TO THE SIDE OF HIS HOUSE. MR. CAPP STATED HE HAD TO REMOVE A TREE. IT TOOK ABOUT 1 DAY. HE STATED HE KNEW HE WAS IN VIOLATION. THE CITY RECOMMENDED THAT MR. CAPP BE FOUND IN VIOLATION SO THAT IF IT DOES HAPPEN IN THE FUTURE, THE CITY CAN BRING THiS CASE BACK QUICKER AS A REPEAT VIOLATOR AND SEEK AND ENHANCE FINES THAT ARE PROVIDED FOR UNDER THE STATUTE. MR. NICOLINI ASKED MR. NiCHOLSON IF THIS WAS THE FIRST TIME MR. CAPP WAS NOTIFIED ABOUT THIS PARTICULAR BOAT. MR. NICHOLSON STATED "NO". A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY MR. GILLIAMS IN REFERENCE TO CASE # 92-7536 OF A BOAT PARKED IN FRONT OF THE FRONT BUILDING LINE, SECTION 20A-5.16(C)(4) INVOLVING MR. MICKEY CAPP THAT A VIOLATION DID OCCUR AND THAT MR. CAPP CAUSED THE VIOLATION. AT THIS TIME, A FINE SHALL NOT BE IMPOSED. AFTER A BRIEF DISCUSSION, THE MOTION WAS CARRIED. CASE# 92-7559 RONALD & DEBRA WHITE MR. RONALD WHITE WAS PRESENT. MR. NICHOLSON GAVE HIS TESTIMONY ON THIS CASE. HE HAD RECEIVED A COUPLE OF PHONE CALLS ABOUT THESE VEHICLES. ON DECEMBER 15TH, HE OBSERVED CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 20, 1993 PAGE 4 TWO (2) VEHICLES IN FRONT OF HOUSE (i-BLUE DATSUN PICKUP AND 1 - GRAY JEEP). THEY BOTH APPEARED TO BE INOPERABLE. A CERTIFIED LETTER WAS SENT ON DECEMBER 16TH GRANTING 15 DAYS TO REMOVE THE VEHICLES OR MAKE THEM OPERABLE. THE LETTER WAS RECEIVED ON DECEMBER 21ST AND SIGNED BY DEBRA WHITE. HE RECHECKED ON JANUARY 8TH AND THE JEEP DID APPEAR OPERABLE BUT IT HAD NO WINDSHIELD IN IT. THE PICKUP WAS NOT OPERABLE ON THAT DATE. THEREFORE, THE CASE WAS BROUGHT BEFORE THE BOARD. ON JANUARY 11, 1993, MR. & MRS. WHITE WERE SERVED NOTICE OF HEARING BY ASSURED COURIER SERVICE. PHOTO'S WERE GIVEN A EVIDENCE. THE VIOLATION LETTER WAS SUBMITTED AS EXHIBIT 1, THE NOTICE OF HEARING WAS EXHIBIT 2, AND THE PICTURES WERE EXHIBIT 3. MR. RONALD WHITE GAVE HIS TESTIMONY CONCERNING THIS CASE. HE WAIVED THE READING OF SECTION 86.47 OF THE CODE OF ORDINANCES. MR. WHITE STATED THAT THE JEEP RUNS BUT HE CAN'T DRIVE IT BECAUSE A WINDSHIELD NEEDS TO BE INSTALLED. HE IS UNABLE TO AFFORD A WINDSHIELD AT THIS TIME. THE TOYOTA PICKUP MOTOR RUNS BUT DOES NOT MOVE BECAUSE IT NEEDS A DRIVE SHAFT. THE BLUE TOYOTA IS SITTING ON THE SIDE OF THE HOUSE NOW. HE STATED HE WOULD BE WILLING TO PUT UP A FENCE AROUND THE VEHICLE. THE ASSISTANT CITY ATTORNEY RECOMMENDED THAT MR. WHITE TALK TO STAFF IN THE BUILDING DEPARTMENT. THE CITY RECOMMENDED THAT THE ALLEGED VIOLATORS BE FOUND IN VIOLATION. THAT THEY BE GIVEN 20 DAYS TO CURE THE VIOLATION AND IF NOT, THAT A FINE THAT THE BOARD DEEMS APPROPRIATE BE IMPOSED FOR EACH DAY THEREAFTER. MR. NICHOLSON STATED HE COULD MEET MR. WHITE TO SEE IF THE JEEP iS OPERABLE NOW. IF IT IS OPERABLE, THE JEEP CAN BE TAKEN OFF THE CASE. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MRS. KOSTENBADER IN REFERENCE TO CASE # 92-7559 THAT A VIOLATION DID OCCUR, SECTION 86.47, INVOLVING MR. & MRS. RONALD & DEBRA WHITE AND THAT MR. & MRS. WHITE CAUSED THE VIOLATION. THE VIOLATION CONSISTED OF A JUNK AUTO-BLUE TOYOTA PICKUP TRUCK. THEREFORE AN ORDER OF ENFORCEMENT TO CORRECT THE VIOLATION IS WARRANTED. THE VIOLATORS SHOULD HAVE 20 CALENDAR DAYS FROM THE HEARING TO COMPLY. IF THE VIOLATION CONTINUES AFTER THE 20 DAYS, A FINE OF $100.00 PER DAY SHALL BE IMPOSED, NOT TO EXCEED 30 DAYS. CODE ENFORCEMENT BOARD - REGULAR MEETING - JANUARY 20, 1993 PAGE 5 BOARD ATTORNEY REQUESTS AND REPORTS: THE BOARD ATTORNEY SUGGESTED THAT MAYBE THE CITY COULD INCORPORATE WITHIN THE FINE WHATEVER IT COSTS THE CITY IN TIME TO DRAFT THE LIEN. IT COSTS $6.00 A SHEET TO RECORD BUT STILL NEED TO ADD ADMINISTRATIVE COSTS FOR PREPARING THE LIEN. RICHARD TORPY WILL ASK MR. COOPER ABOUT THE COSTS FOR PROCESSING A LIEN. MR. TORPY ALSO STATED WHEN THE CITY GETS PROBLEM CASES, THE CITY WILL COME BACK TO THE BOARD FOR ASSISTANCE. ALOT OF THE ROUTINE CASES, THE CITY JUST TAKES THEM ON A CASE BY CASE BASIS. SOMETIMES THE CITY DOES NOTHING WITH THEM BECAUSE OF THE COSTS INVOLVED. THE BOARD ATTORNEY ALSO STATED THAT IT iS IN THE AUTHORITY OF THE BOARD TO GO AHEAD AND ORDER THAT A LIEN BE RECORDED NOT PLACED. THE CITY CAN DO WHATEVER THEY WANT BECAUSE THEY ARE THE HOLDER OF THE LIEN SO THEY CAN NEGOTIATE FOR ANY SETTLEMENT OF THAT LIEN IF THEY WANT. BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION: NONE PUBLIC INPUT: NONE ADJOURN: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. TOZZOLO TO ADJOURN THE MEETING AT 2:55 P.M. CARRIED. Minutes approved at the /7 rman'"Donato Der , 1992 Meeting. Ger~~beS~ Board Secretary