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Home My WebLink About02211990 CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 21, 1990 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:15 P.M. ROLL CALL: PRESENT: MR. GILLIAMS MRS. KOSTENBADER CHAIRMAN DEROBERTIS VICE CHAIRMAN FISCHER EXCUSED: MR. VICKERS ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL; ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER; RICHARD TORPY, CITY ATTORNEY; STEVEN LULICH, BOARD ATTORNEY PUBLIC iNPUT: MR. ROBERT FULLERTON ASKED ATTORNEY LULICH'S OPINION ON NONCONFORMING USES. CHAIRMAN DEROBERTIS STATED TO MR. FULLERTON THAT MR. COOPER WOULD BE THE PERSON THAT HE SHOULD TALK TO FIRST. THE CODE ENFORCEMENT OFFICER WOULD THEN INVESTIGATE THE ALLEGED VIOLATION. IF THE VIOLATION IS NOT CORRECTED, IT COULD BE BROUGHT BEFORE THE CODE ENFORCEMENT BOARD. APPROVAL OF MINUTES: MOTION BY VICE CHAIRMAN FISCHER, SECONDED BY MR. GILLIAMS TO APPROVE THE MINUTES OF MEETING HELD ON JANUARY 17, 1990 AS WRITTEN. CARRIED. OLD BUSINESS: NONE NEW BUSINESS: CASE 89-3114 KENNETH BOWEN MR. BOWEN DID NOT ATTEND THE MEETING. ATTORNEY LULiCH SWORE IN MR. ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER. CODE ENFORCEMENT BOARD i REGULAR MEETING - 2/21/90 CASE# 89-3114 PAGE 2 MR. TORPY, CITY ATTORNEY, QUESTIONED ROBERT N. NICHOLSON, CODE ENFORCEMENT OFFICER. ON DECEMBER 12, 1989 MR. NICHOLSON OBSERVED THE TRUCK WAS FOUND IN VIOLATION OF CHAPTER 20A- 5.16.1(A) (1) & (2) AND SECTION 5.16.1(B), PARKING iN RS-10 ZONE. AGAIN PARKED ON 12/11/89 AND 12/12/89. LETTER WAS SENT ON 12/13/89. ON 12/22/89 AND 12/23/89 THE TRACTOR WAS THERE AGAIN. HE OWNS BLUE AND GOLD TRACTOR. THE GOLD TRACTOR WAS THERE ON 12/22/89 AND 12/23/89. FIVE PREVIOUS VIOLATIONS NOT BROUGHT BEFORE BOARD SINCE THEY WERE CORRECTED. FEBRUARY 5, 1990 TRACTOR TRAILER STILL THERE. ON FEBRUARY 6, 1990 TRACTOR TRAILER WAS STILL THERE WITH SIGN ON IT STATING BROKE DOWN, GONE FOR PARTS. LETTER OF NOTICE OF VIOLATION WAS SENT ON 2/10/90. PHOTO'S GIVEN TO BOARD FOR REVIEW. RECOMMENDATION BY BRUCE COOPER, BUILDING OFFICIAL, TO FINE MR. BOWEN $100.00 AND COULD BE BROUGHT BACK TO THE CODE ENFORCEMENT BOARD IF ANY REOCCURRENCE OF VIOLATION. AFTER A BRIEF DISCUSSION, A MOTION WAS MADE BY VICE CHAIRMAN FISCHER, SECONDED BY MR. GILLIAMS IN REFERENCE TO CASE# 89- 3114 INVOLVING MR. KENNETH BOWEN THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. KENNETH BOWEN WAS IN VIOLATION OF CHAPTER 20A, SECTION 5.16.1(A) (1) & (2) AND SECTION 5.16.1 (B) OF THE LAND DEVELOPMENT CODE, PARKING OF TRACTOR TRAILER IN RS-10 ZONE. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) A FINE OF $100.00 SHALL BE IMPOSED. CARRIED. CASE# 90-3266 JONES EARL KIGHT MR. KIGHT WAS NOT PRESENT AT THIS MEETING. CODE ENFORCEMENT BOARD - REGULAR MEETING - 2/21/90 CASE# 90-3266 PAGE 3 RICHARD TORPY, CITY ATTORNEY, QUESTIONED MR. NICHOLSON, CODE ENFORCEMENT OFFICER. ON JANUARY 18, 1990 MR. NICHOLSON OBSERVED MR. KIGHT WAS IN VIOLATION OF SECTION 16-1 (1), (2), (3), (5), & (6) AND 16-2(2) & (3) OF THE CODE OF ORDINANCES, TRASH & DEBRIS IN REAR YARD. OF HIS RESIDENCE. PHOTO'S WERE GIVEN TO THE BOARD FOR REVIEW. FEBRUARY 10, 1990 A NOTICE OF VIOLATION WAS SENT. AS OF FEBRUARY 21, 1990 HAS NOT BEEN BROUGHT INTO COMPLIANCE. THERE IS A LIEN OF $2,900.00 ON RECORD NOW. RECOMMENDATION BY BRUCE COOPER TO IMPOSE A FINE OF $500.00 PER DAY AS LONG AS VIOLATION EXISTS. MOTION MADE BY MR. GILLIAMS, SECONDED BY VICE CHAIRMAN FISCHER THAT IN REFERENCE TO CASE #90-3266 INVOLVING JAMES EARL KIGHT THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: THAT MR. KIGHT IS IN VIOLATION OF SECTION 16-1(1), (2), (3), (5) AND (6) AND SECTION 16-2 (2) AND (3), KEEPING OF TRASH AND DEBRIS. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) D) AN "ORDER OF ENFORCEMENT" IS WARRANTED. A PLENTY OF $500.00 PER DAY BE IMPOSED. DURING A BRIEF DISCUSSION, MRS. KOSTENBADER BROUGHT TO THE BOARD'S ATTENTION THAT THE NOTICE OF VIOLATION HEARING STATES THAT A FINE NOT TO EXCEED $250.00 PER DAY MAY BE IMPOSED FOR THE PERIOD OF NON-COMPLIANCE. AN AMENDED MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY VICE CHAIRMAN FISCHER TO REDUCE THE FINE OF $500.00 TO $250.00 PER DAY. ROLL CALL ON ACCEPTANCE OF AMENDMENT: AYES: MR. GILLIAMS MRS. KOSTENBADER VICE CHAIRMAN FISCHER CHAIRMAN DEROBERTIS NAYS: NONE CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - 2/21/90 CASE# 90-3266 PAGE 4 ROLL CALL ON APPROVAL OF MOTION AS AMENDED: AYES: MR. GILLIAMS MRS. KOSTENBADER VICE CHAIRMAN FISCHER CHAIRMAN DEROBERTIS NAYS: NONE CARRIED. MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY VICE CHAIRMAN FISCHER TO REAPPOINT DAMIAN GILLIAMS TO THE CODE ENFORCEMENT BOARD. CARRIED. ATTORNEY MATTERS: NONE BUILDING OFFICIAL MATTERS: NONE MOTION WAS MADE BY VICE CHAIRMAN FISCHER, SECONDED BY MR. GILLIAMS TO ADJOURN THE MEETING AT 3:00 P.M. CARRIED, City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 21, 1990 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: REGULAR MEETING OF FEBRUARY 21, 1990 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 PUBLIC HEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL BOLD THEIR REGULAR MEETING ON WEDNESDAY, MARCH 21, 1990 AT 2:00 P.M. IN THE C'~ITY COUNCIL CHAMBERS. G. KUBES, SECRETARY CODEE, NF()R(.EMENI~' ' ' BOARD NOTE: IF ANY ['ERSON DEC[I_)ES TO APPEAL ANY DECISION MADE ON THE ABOVE HATTERS, IiE/SIIE W.[L[o NEED A RECORD OF THE pR(2)CEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS I'S 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 ~ 1990 - 2:00 P.Mo AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: REGULAR MEETING OF JANUARY 17, 1990 CASE #90-3266 JONES EARL KIGHT CASE #89-3114 KENNETH BOWEN REAPPOINTMENT OF DAMIEN GILLIAMS TO THE CODE ENFORCEMENT BOARD 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 ct SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, FEBRUARY 21, 1990 AT 2:00 P.M. IN THE CITY COUNCIL CHAMBERS. G. KUBES, SECRETARY 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.