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Home My WebLink About02171993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 ~ FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17~ 1993 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 20, 1993 ATTORNEY'S MATTERS: BOARD ATTORNEY'S RESEARCH ON ADDING COSTS OF IMPOSING A FINE TO A FINE. OLD BUSINESS: NEW BUSINESS: REAPPOINTMENT OF CODE ENFORCEMENT BOARD MEMBER CASE# 92-7586 THOMAS GRIFFITH CASE# 92-7518 iRIS HADAWAY (SEBASTIAN BAIT & TACKLE SHOP) CASE# 92-7508 BILLY'S STEAK & RIBS 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 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17, 1993 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 20, 1993 ATTORNEY'S MATTERS: BOARD ATTORNEY'S RESEARCH ON ADDING COSTS OF IMPOSING A FINE TO A FINE. OLD BUSINESS: NEW BUSINESS: REAPPOINTMENT OF CODE ENFORCEMENT BOARD MEMBER CASE# 92-7586 THOMAS GRIFFITH CASE# 92-7518 IRIS HADAWAY (SEBASTIAN BAIT & TACKLE SHOP) 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 t3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CIT____~Y O_~_F SEBASTIAN 1225 MAI~N STREET INDIAN~ RI~VE__~R COUNTY FLORIDA THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, FEBRUARY 17, 1993 AT 2:00 P.M. IN THE CITY CouNCIL CHAMBERS- G. KUBES, SECRETAR 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 FEBRUARY 17~ 1993 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:05 P.M. ROLL CALL: PRESENT: MR. METCALF CHAIRMAN DEROBERTIS MR. NICOLINi VICE CHAIRMAN FISCHER MR. TOZZOLO MR. GILLIAMS ATTORNEY LULICH PRESENT: EXCUSED: MRS. KOSTENBADER BRUCE COOPER, BUILDING OFFICIAL ROBERT N. NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON JANUARY 20, 1993. MOTION CARRIED. ATTORNEY'S MATTERS: BOARD ATTORNEY'S RESEARCH ON ADDING COSTS OF IMPOSING A FINE TO A FINE: ATTORNEY LULICH THOUGHT WE HAD DISCUSSED THIS AT THE END OF THE LAST MEETING. THE BOARD THOUGH HE STATED HE WOULD HAVE A REPORT THIS MEETING. IT WAS BROUGHT UP AGAIN FOR FURTHER DISCUSSION UNDER BOARD ATTORNEY REQUESTS AND REPORTS. ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED THAT THERE IS A GREAT CONCERN OF BOARDS OF THIS TYPE ABOUT THEM BEING RUN LIKE A COURT ROOM. CASES ARE BEING OVERTURNED BECAUSE OF THE OUTSIDE INFLUENCES. ONE OF HIS JOBS IS TO PROSECUTE AND GET FINDINGS OF VIOLATIONS AND THE OTHER IS TO MAKE SURE THAT THOSE FINDINGS OF VIOLATIONS ARE UPHELD IF APPEALED. CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY 17~ 1993 PAGE 2 ATTORNEY LULICH STATED THAT YOU CAN NOT BE THE ATTORNEY AND THE WITNESS AT THE SAME TIME. ALSO, YOU SHOULD NOT BE THE JUDGE AND THE WITNESS AT THE SAME TIME. THE FUNCTION OF THE BOARD IS TO REVIEW ALL OF THE FACTS THAT ARE BROUGHT TO THE BOARD BY THE PROSECUTOR AND THE VIOLATOR. THE MEMBERS SHOULD NOT BE GOING BY THE PLACE OF VIOLATION. ATTORNEY LULICH STATED THAT THE BOARD MEMBERS HAVE THE RIGHT TO COME TO ANY CONCLUSIONS THEY WANT IN ANY MANNER THAT THEY FIND ADEQUATE BUT BE CAREFUL NOT TO PREJUDICE THE BOARD. ATTORNEY LULICH ALSO STATED THE LEGAL OF THE PROPERTY IN VIOLATION SHOULD BE LISTED NOT JUST THE PARCEL#. ASSISTANT CITY ATTORNEY ALSO SAID HE WILL IMPLEMENT SEVERAL PROCEDURAL CHANGES. OLD BUSINESS: NONE NEW BUSINESS: REAPPOINTMENT OF CODE ENFORCEMENT BOARD MEMBER: A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY MR. NICOLINI TO APPROVE THE REAPPOINTMENT OF MR. GILLIAMS TO THE BOARD. CARRIED. NEW BUSINESS: CASE# 92-7586 THOMAS GRIFFITH ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED THE CITY IS WITHDRAWING THIS CASE FROM THE BOARD'S CONSIDERATION. AN AFFIDAVIT OF COMPLIANCE WAS FURNISHED TO THE BOARD MEMBERS. CASE# 92-7508 BILLY'S STEAK & RIBS THE CITY ALSO WITHDREW THIS CASE. CASE# 92-7518 IRIS HADAWAY (SEBASTIAN BAIT & TACKLE SHOP) ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING AT THIS MEETING. CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY PAGE 3 1993 ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, GAVE HIS TESTIMONY CONCERNING THIS CASE. HE OBSERVED A VIOLATION OF SECTION 20A-5.46(e)(5) OF THE LAND DEVELOPMENT CODE ON OCTOBER 12, 1992. AT THAT TIME A VERBAL NOTICE WAS GIVEN. NO CODE ENFORCEMENT CASE MADE. ON DECEMBER 7, 1992, ANOTHER VERBAL NOTICE WAS GIVEN AND AT THIS TIME THERE WAS A CODE ENFORCEMENT CASE OPENED. ON 12/15/92 WE SENT A CERTIFIED LETTER REQUESTING THEY INSTALL THE BUILDING NUMBERS WHICH WAS RECEIVED BY IRIS HADAWAY. A COPY OF THIS LETTER WAS GIVEN AS EXHIBIT 1. A RECHECK ON 1/17/93 REVEALED THAT THE NUMBERS HAD NOT BEEN INSTALLED AND GAVE THEM A VERBAL REMINDER ON THAT DATE. AS OF 1/30/93, THE NUMBERS STILL HAD NOT BEEN INSTALLED. THIS CASE WAS CERTIFIED TO THE BOARD ON FEBRUARY 3, 1993. NOTICE OF VIOLATION HEARING WAS SENT AND RECEIVED ON FEBRUARY 5, 1993. A COPY OF THAT NOTICE Ai~D THE GREEN RETURN RECEIPT SIGNED WAS GIVEN AS EXHIBIT 2. AS OF A FEW DAYS BEFORE THIS MEETING, THE NUMBERS HAVE NOT BEEN INSTALLED. THE LAST TIME MR. NICHOLSON OBSERVED THE PREMISES WAS LAST FRIDAY (2/12/93). JOHN HADAWAY (SON OF IRIS HADAWAY) GAVE HIS TESTIMONY. HE STATED THE LETTERS HAD BEEN INSTALLED ON 2/16/93. THERE ARE LETTERS INSTALLED IDENTIFYING EACH BUSINESS. THE NUMBERS ARE OVER 6 INCHES. THE CITY'S RECOMMENDATION IS THAT THEY BE FOUND IN VIOLATION AND THEY BE GIVEN 5 DAYS FROM 2/17/93 TO COME INTO COMPLIANCE. IF THESE LETTERS ARE IN COMPLIANCE, THEY WOULD HAVE ALREADY TAKEN CARE OF THAT BUT, THE CITY DOES WANT THEM TO BE FOUND IN VIOLATION FOR REPEAT VIOLATION PURPOSES AND NO FINE REQUESTED AT THIS TIME. A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY VICE CHAIRMAN FISCHER IN REFERENCE TO CASE# 92-7518 OF A VIOLATION OF BUILDING NUMBERS NOT INSTALLED ON THE BUILDING, SECTION 20A- 5.46(e)(5) INVOLVING IRIS HADAWAY THAT A VIOLATION DID OCCUR AND THAT IRIS HADAWAY CAUSED THE VIOLATION. NO FINE AT THIS TIME. MR. TOZZOLO AMENDED HIS MOTION TO READ 5 DAYS TO BRING IT INTO COMPLIANCE. VICE CHAIRMAN FISCHER SECONDED THE AMENDED MOTION. AFTER A DISCUSSION, MR. TOZZOLO AMENDED HIS MOTION AGAIN TO READ IF NOT COMPLIED WITHIN 5 DAYS, A FLAT FINE OF $100.00 SHOULD BE IMPOSED. MR. METCALF SECONDED THIS AMENDED MOTION. CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY 17, 1993 PAGE 4 CARRIED. MR. NICOLINI OPPOSED THIS MOTION. BOARD ATTORNEY REQUESTS AND REPORTS: ATTORNEY LULICH THOUGHT STAFF WOULD DEFINE HOW MUCH THE COST WOULD BE IN ADMINISTRATIVE WAY TO PROCESS THE RECORDING OF A LIEN. ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED THAT THE CITY'S POSITION WITH THIS MATTER HAS BEEN CONSISTENTLY THAT WE ARE NOT REALLY CONCERNED ABOUT IT. COLLECTION IS A CITY PROBLEM. THE CITY IS SATISFIED THAT THIS BOARD'S FUNCTION IS PRIMARILY TO MAKE SURE PEOPLE COME INTO COMPLIANCE. THE FINE ISSUE IS NOT A MAJOR ISSUE FOR THE CITY. BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION: NONE PUBLIC INPUT: NONE ADJOURN: A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. TOZZOLO TO ADJOURN THE MEETING AT 2:45 P.M. CARRIED. Minutes approved at the ~ [7 , 1992 Meeting. nDonato Derobertls, ha /~rrY K~eS,- - T Board ~ecretary