HomeMy WebLinkAbout02201991 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 20~ 1991 - 2~00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES -
ATTORNEY'S MATTERS=
OLD BUSINESS~
REGULAR MEETING OF JANUARY 16. 1991
RESEARCH ON LIST OF FINES FOR SPECIFIC
VIOLATIONS BY STAFF
REMOVE FROM TABLE - CASE# 90-4360
JAMBS MALONE
NE~ BUSINESS= RECOMMENDATION TO REAPPOINT WAYNE
TOZZOL0. HANK FISCHER. AND DONATO DEROBERTIS
TO THE BOARD FOR ANOTHER 3 YEAR TERM
BOARD ATTORNEY REQUESTS AND REPORTS~
BUILDING OFFICIAL'S MATTERS=
GENERAL DISCUSSiONs
PUBLIC INPUTt
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-$570
PUBLIC MEETING
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER ~OUNTY
FLORIDA
THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF
SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR
REGULAR MEETING ON WEDNESDAY, FEBRUARY 20, 1991 AT 2s00 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 HATTERS, HE/SHE WiLL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE HAY 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
FE_~UARY 20, 1991 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:20
P.M.
ROLL CALL:
PRESENT:
MR. GILLIAMS
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
MRS. KOSTENBADER
CHAIRMAN DEROBERTIS
LATE:
ATTORNEY LULICH
EXCUSED: VICE CHAIRMAN FISCHER
ALSO PRESENT:
BRUCE COOPER, BUILDING OFFICIAL,
ROBERT N. NICHOLSON, CODE ENFORCEMENT
OFFICER
APPROVAL OF ~INUTES:
MOTION WAS MADE BY MR. GILLIAMS AND SECONDED BY MRS.
KOSTENBADER TO APPROVE THE MINUTES OF MEETING HELD ON
JANUARY 16, 1991.
CARRIED.
ATTORNEY'S MATTERS, NONE
OLD BUSINESS:
CASE# 90-4360
JAMES MALONE
THE $1OO.OO FINE WAS PAID BY MRS. MALONE ON 2/20/91 AND
THEREFORE, THE CASE IS NOW CLOSED.
RESEARCH ON LIST OF FINES FOR SPECIFIC VIOLATIONS BY STAFF:
A LIST WAS PROVIDED TO THE BOARD OF PREVIOUS FINES IMPOSED ON
CODE ENFORCEMENT BOARD CASES AND ALSO A LIST OF FINES IMPOSED
BY OTHER COUNTIES AND CITIES.
CODE ENFORCE.~ENT BOARD - REGULAR ~EET.ING ~ FEDRUARY ~ 1991
PAGE 2
MR. GILLIAMS WOULD LIKE TO SEE FINES SET FROM $50.00 TO
$250.00 PER DAY AS BREVARD COUNTY & PALM BAY ENFORCE. MR.
TOZZOLO DID NOT THINK WE SHOULD SET A SPECIFIC FINE BECAUSE
OF DIFFERENT CIRCUMSTANCES FOR EACH CASE. CHAIRMAN
DEROBERTIS STATED THAT THE BOARD WAS ONLY TRYING TO SET A
FINE LIMIT TO BE CONSISTENT. MR. DEROBERTIS ALSO STATED WHEN
THE BOARD IS DEALING WITH COMMERCIAL SUCH AS NO OCCUPATIONAL
LICENSE THAT HE THOUGHT IT SHOULD BE UPGRADED TO $250.00 PER
DAY. MR. NICOLINi ASKED IF IT WAS POSSIBLE TO GET A LIST OF
FINES THAT SEBASTIAN HAS SET FORTH. IT WAS STATED AT A
PREVIOUS MEETING THAT THE FINES SET FORTH BY THE CITY NEEDED
TO BE UPDATED. THE BOARD NEEDS TO COME UP WITH A GUIDELINE
FOR A MINIMUM FINE. MRS. KOSTENBADER STATED THE FINE COULD
BE IN THE FORM OF A RECOMMENDED FINE AND COULD GO LOWER THAN
THE MINIMUM FINE IF IT WAS A REAL HARDSHIP.
MR. COOPER STATED THAT THERE ARE BASIC VIOLATIONS SUCH AS
OCCUPATIONAL LICENSE, RVs, JUNK AND NUISANCES. THE BIGGEST
CONCERN OF WHAT THE BOARD HAS IS A UNIFORM FINE THAT THEY
WILL BE CONSISTENT WITH. HE ALSO THOUGHT THERE SHOULD BE AN
INCREASE OF FINES FOR SECOND, THIRD & FOURTH OFFENSES.
THE BOARD ATTORNEY STATED THAT THE BOARD CAN TAKE INTO
CONSIDERATION IF THE VIOLATOR HAS MADE ANY TYPE OF EFFORT TO
COMPLY OR ATTENDS THE BOARD MEETING TO EXPLAIN HIS SIDE OF
THE VIOLATION. YOU COULD HAVE YOUR OWN PERSONAL REASONS FOR
THE WAY YOU SEE THE FACTS TO MAKE A DECISION OR MAKE A MOTION
FOR ANY FINE WITHIN THE SET LIMITS OF THE LAW. IT IS
IMPORTANT THAT FOR THE PURPOSES OF NOT BEING SUED OR HAVING
AN APPEAL, THAT YOU FUNCTION WITHIN SOME SORT OF JUST SYSTEM.
A MOTION WAS MADE BY MR. GILLIAMS IN REFERENCE TO A GUIDELINE
FOR VIOLATIONS AND FINES AND GIVE AN OPPORTUNITY TO DECIDE
UNDER CERTAIN CIRCUMSTANCES THAT ARE INVOLVED TO SET A FINE
AT THAT TIME, THE FOLLOWING SHOULD BE IMPOSED,
1. UNLAWFUL AND IMPROPER STORAGE OF REFUSE & TRASH - SET
MINIMUM FINE OF $50.00 NOT TO EXCEED $125.OO.
2. PARKING & STORAGE OF MOTOR VEHICLES, TRAILERS ON
SIDEWALKS - SET MINIMUM FINE OF $50.00 NOT TO EXCEED
$125.00.
3. STORAGE OF MOTOR VEHICLES, TRAILERS ON SWALES, ETC. - SET
MINIMUM FINE OF $50.00 NOT TO EXCEED $125.OO.
CODE ENFORCEMENT BOARD - REGULAR ~EETING - FEBRUARY 20, 199~.
PAGE 3
STORAGE OF MOTOR VEHICLES & TRAILERS ON PRIVATE PROPERTY,
SET MINIMUM FINE OF $50.00 NOT TO EXCEED $175.OO.
BUSINESS WITHOUT OCCUPATIONAL LICENSE OR INVOLVING
COMMERCIAL CODE ENFORCEMENT - SET MINIMUM FINE OF $75.00
NOT TO EXCEED $250.00
THE MOTION DIED LACK OF A SECOND.
A MOTION WAS MADE BY MR. METCALF AND SECONDED BY MR. NICOLINI
TO SET A MINIMUM FINE FOR ANY RESIDENTIAL PROPERTY OWNERS AT
$25.OO PER DAY AND FOR COMMERCIAL A MINIMUM FINE OF $50.00
PER DAY.
THE BOARD ATTORNEY STATED THAT BASICALLY THE VIOLATIONS ARE
IN THREE CATEGORIES TO TRACK~ NO PERMIT OR LICENSE, SETBACK
VIOLATIONS, & NUISANCE AND CAN BE DIVIDED INTO RESIDENTIAL OR
COMMERCIAL IF THE BOARD CHOOSES. THE BOARD MIGHT WANT TO
INCREASE VIOLATIONS ACCORDING TO EACH OFFENSE.
MRS. KOSTENBADER ASKED THE BOARD SECRETARY TO TYPE A LIST OF
THESE CATEGORIES WITH BLANKS FOR HER TO USE DURING BOARD
MEETINGS WITH FIRST, SECOND, THIRD OFFENSES.
AN AMENDED MOTION WAS MADE BY MR. METCALF AND SECONDED BY MR.
GILLIAMS TO iNCREASE THE MINIMUM FiNE FOR RESIDENTIAL TO
S50.00 PER DAY AND $1OO.OO PER DAY FOR COMMERCIAL. FOR EACH
ADDITIONAL OFFENSE THE MINIMUM FINE WOULD INCREASE $25.00 PER
DAY FOR SECOND, THIRD, & FOURTH AND AFTER FOURTH OFFENSE
$250.00 PER DAY.
CARRIED
MR. NICOLINI OPPOSED AMENDED MOTION.
NEW BUSI~ESS~
A MOTION WAS MADE BY MR. GILLIAMS AND SECONDED BY MRS.
KOSTENBADER TO RECOMMEND TO CITY COUNCIL MR. HENRY FISCHER,
MR. WAYNE TOZZOLO. AND CHAIRMAN DEROBERTIS TO AN EXTENDED 3
YEAR TERM FOR THE SEBASTIAN CODE ENFORCEMENT BOARD·
AFTER A BRIEF DISCUSSION, THE MOTION WAS CARRIED.
CODE ENFORCEMENT BOARD - REGU,LAR MEETING ~ FEBRUARY ~ 1991
PAGE 4
BOARD ATTORNEY REOUESTS AND REPORTS: NONE
BUILDING OFFiCiAL'S MATTERS: NONE
GENERAL DISCUSSION~ NONE
PUBLIC INPUTs NONE
ADJOURN~
A MOTION WAS MADE BY MR. GILLiAMS. SECONDED BY MRS.
KOSTENBADER TO ADJOURN THE MEETING AT 3:25 P.M.
CARRIED.
Minutes approved at ther-, ' ~~ /7 , 1991 Meeting.
Donato Derobertis, Chairman
~Gerry Ku~e~.
Board Secretary