HomeMy WebLinkAbout02191992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-557O
SEBASTIAN CODE ENFORCEMENT BOARD
REGULAR MEETING
FEBRUARY 19~ 199__2 - 2~00 P.M,_
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES -
ATTOBNEY'S MATTERS=
OLD BUSINESS,
NEW BUSINESS,
REGULAR MEETING 0F JANUARY 15, 1992
REVIEW APPLICANTS FOR REAPPOINTMENT OF CODE ENFORCEMENT
BOARD MEMBER
CASE# 92-6132
DAVID BENHAM
CASE# 92-6198
CLARENCE RICH
BOAR___~DD ATTORNE~ ~ AN__~D 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
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, FEBRUARY 19, 1992 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.
COD__~EK~FORC. EMENT BOARD
REGULAR MEETIN~
FEBRUARY ~ 1992 - 2,00 P.M.
MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN FISCHER AT 2,05
P.M.
ROLL CALL:
PRESENT,
MR. NICOLINI
MR. TOZZOLO
MR. GILLIAMS
VICE CHAIRMAN FISCHER
ATTORNEY LULICH
EXCUSED:
CHAIRMAN DEROBERTIS
MR. METCALF
MRS. KOSTENBADER
BRUCE COOPER, BUILDING OFFICIAL
ALSO PRESENT:
ROBERT-NICHOLSON, CODE ENFORCEMENT OFFICER~
PATRICK ANDERSON. CITY ATTORNEY'S OFFICE
AP~.ROVAL OF MINUTES:
MOTION WAS MADE BY MR. GILLIAMS. SECONDED BY MR. NICOLINI TO
APPROVE THE MINUTES OF THE MEETING HELD JANUARY 15, 1992.
CARRIED.
ATTORNEY'___~S~ATTERS: NONE
OL__D BUSINESS: NONE
NE__ W USIN SS,
AFTER REVIEWING APPLICANTS FOR REAPPOINTMENT OF CODE
ENFORCEMENT BOARD RESIDENT POSITION, A MOTION WAS MADE BY MR.
GILLIAMS, SECONDED BY MR. TOZZOLO TO RECOMMEND TO CITY
COUNCIL THE REAPPOINTMENT OF MRS. JOAN KOSTENBADER FOR AN
ADDITIONAL 3 YEAR TERM EXPIRING MARCH 1995.
ROLL CALL:
MR. GILLIAMS YES
VICE CHAIRMAN FISCHER YES
MR. NICOLINI YES
MR. TOZZOLO YES
CARRIED.
CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY 19, 1992
PAGE 2
CASE# 92-6132
DAVE BENHAM
ATTORNEY LULICH SWORE IN MR. NICHOLSON, CODE ENFORCEMENT
OFFICER. MR. BENHAM DID NOT ATTEND THE MEETING. PATRICK
ANDERSON, CITY ATTORNEY'S OFFICE, QUESTIONED MR. NICHOLSON
CONCERNING THIS CASE. MR. NICHOLSON STATED THAT THE FIRST
NOTICE WAS GIVEN ON JANUARY 7, 1992 TO REMOVE THE BOAT FROM
THE DRIVEWAY. RECHECKED ON 1/10/92 AND LEFT ANOTHER NOTICE.
A LETTER WAS SENT CERTIFIED MAIL AND RETURNED FROM THE POST
OFFICE. MR. NiCHOLSON THEN HAND DELIVERED THE LETTER ON
1/17/92 GRANTING 24 HOURS TO COMPLY. RECHECKED ON 1/20/92
AND BOAT STILL NOT RELOCATED. CASE WAS PREPARED FOR CODE
ENFORCEMENT MEETING. THE NOTICE OF HEARING WAS SERVED BY
ASSURED COURIER ON 2/3/92.
STAFF RECOMMENDS TO BOARD THAT MR. BENHAM IS IN VIOLATION OF
SECTION 2OA-5.16(C)(4) OF THE LAND DEVELOPMENT CODE AND A
FINE OF $1OO.OO SHALL BE IMPOSED.
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. TOZZOLO
WITH REFERENCE TO CASE NUMBER 92-6132 SECTION 2OA-5.16(C)(4)
THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS~ FINDING
OF FACT THAT THE VIOLATION DID OCCUR, A BOAT iN THE DRIVEWAY.
IN VIOLATION OF SECTION 20A-5.16(C)(4) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN. AN "ORDER OF
ENFORCEMENT" IS WARRANTED. A FINE OF $100.00 IS IMPOSED. IF
FINE IS NOT PAID BY MARCH 16, 1992, A LIEN SHALL BE IMPOSED.
ALSO, IF MR. BENHAM DOES NOT COME INTO COMPLIANCE BY 2/20/92,
A FINE OF $25.00 PER DAY SHALL BE iMPOSED.
ROLL CALL,
MR. GILLIAMS YES
VICE CHAIRMAN FISCHER YES
MR. NICOLINI YES
MR. TOZZOLO YES
CARRIED.
CASE# 92-6198
CLARENCE RICH
ATTORNEY LULICH SWORE IN CLARENCE RICH'S DAUGHTER.
WAS NOT PRESENT.
MR. RICH
MR. NICHOLSON STATED THAT MR. RICH HAD OBTAINED A GARAGE SALE
PERMIT ON 1/16/92. A COPY OF THE ORDINANCE IS ALWAYS GIVEN
CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY 19~ 1992
PAGE 3
WITH THE PERMIT. ON JANUARY 20, 1992, MR. RICH WAS IN
VIOLATION OF 32.12(a), OFF,PREMISE GARAGE SALE SIGN, LOCATED
AT 512/BARBER STREET. MR. NICHOLSON REMOVED IT. NOTICE OF
HEARING WAS SENT BY CERTIFIED MAIL AND RECEIVED 1/31/92.
CLARENCE RICH'S DAUGHTER WAS PRESENT AT THE MEETING. SHE
STATED THAT HER FATHER PULLED THE PERMIT FOR HER GARAGE SALE
AND PLACED THE OFF-PREMISE SIGN. HE WAS NOT AWARE THAT YOU
CAN NOT HAVE OFF-PREMISE SIGNS. SHE ASSURED THE BOARD THAT
IT WOULD NOT HAPPEN AGAIN.
STAFF RECOMMENDED TO THE BOARD THAT MR, CLARENCE RICH SHALL
BE FOUND IN VIOLATION OF SECTION 32.12(a) OF THE CODE OF
ORDINANCES FOR HAVING AN OFF-PREMISE GARAGE SALE SIGN. NO
FINE SHALL BE LEVIED.
A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. NICOLINI
WITH REFERENCE TO CASE NUMBER 92-6198, SECTION 32.12(a)
INVOLVING CLARENCE RICH THAT THE BOARD MAKES THE FOLLOWING
DETERMINATIONS: FIND OF FACT THAT HE WAS IN FAULT OF HAVING
AN OFF-PREMISE GARAGE SALE SIGN. THE VIOLATION IN FACT DID
OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IN
VIOLATION OF SECTION 32.12(a) OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN. NO FiNE iS LEVIED BUT IF BROUGHT BACK
TO BOARD AGAIN, A FINE WOULD BE IMPOSED.
ROLL CALL,
MR. GILLIAMS
VICE CHAIRMAN FISCHER
MR. NICOLINI
MR. TOZZOLO
YES
YES
YES
YES
CARRIED.
BOARD ATTORNEY REOUESTS AND REPORTS, NONE
BUILDING OFFICIAL'S MATTERS: NONE
GEN~R%L DISCUSSION:
MR. NICOLINI ASKED ABOUT THE STATUS OF THE CASES THE BOARD
WANTED LIENS PLACED. THE BOARD SECRETARY INFORMED THE BOARD
THAT THE CITY ATTORNEY'S OFFICE WAS REVIEWING THE FORM TO USE
FOR PLACING LIENS.
PUBLIC INPUT: NONE
ADJOURN,
A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. NICOLINI
TO ADJOURN THE MEETING AT 2,19 P.M.
CARRIED.
Minutes approved at the ~]~/~ ~ , 1992 Meeting.
/
Donato Derobertis, Chairman
~Gerry ~ubes,
Board Secretary