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Home My WebLink About05151991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING MAY 15. 1991 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS, OLD BUSINESS, NEW BUSINESS, REGULAR MEETING OF APRIL 17. 1991 CASE# 91-4999, DANIEL MCCUSKER CASE# 91-4954, EDGAR & MARY SWiNGLE CASE# 91-5027. JOHN BAGBY. (TENANT) ROSS & BERNITA CALVIN (OWNER) CASE# 90-4400. R. H. MANN (TOWN STAR) CASE# 90-4379. JACK MORROW (FAMILY CERAMICS) CASE# 90-4415. JOHN HADAWAY (TACKLE SHOP) BOARD ATTORNEY REOUESTS AND REPORTS~ BUILDING OFFICIAL'S MATTERS, GENERAL DiSCUSSIONs 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 ~ITY 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, MAY 15, 1991 AT 2zOO 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. CODE ENFORCEMENT BQ~RD REGULAR MEETING MAY 15~ 1991 - 2s00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTiS AT 2~OO P.M. ROLL CALL PRESENT MR. NICOLINI MRS. KOSTENBADER MR. METCALF VICE CHAIRMAN FISCHER CHAIRMAN DEROBERTIS ATTORNEY LULICH MR. GILLIAMS MR. TOZZOLO ALSO PRESENT= BRUCE COOPER. BUILDING 0FFICIAL~ ROBERT NICHOLSON. CODE ENFORCEMENT OFFICER~ RICHARD TORPY. ASSISTANT CITY ATTORNEY APP~QVAL OF MINUTES, MOTION WAS MADE BY VICE CHAIRMAN FISCHER. SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE MEETING HELD APRIL 17. 1991. CARRIED. ATTORNEY'S HATTERS, NONE OLD BUSINESS= NONE ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING DURING THE MEETING. CASE# 91-4999 DANIEL A. MCCUSKER. INC. MR. MCCUSKER DID NOT ATTEND THE MEETING. ASSISTANT CITY ATTORNEY TORPY QUESTIONED MR. NICHOLSON. CODE ENFORCEMENT OFFICER. MR. NICHOLSON STATED THAT HE WAS NOTIFIED ON MARCH 6. 1991 BY THE CITY CLERK'S OFFICE THAT DANIEL A. MCCUSKER. A MORTGAGE BROKER. HAD FAILED TO RENEW HIS OCCUPATIONAL LICENSE. MESSAGES WERE LEFT FOR HIM ON 3/6/91. 3/14/91 & 4/1/91 WITHOUT RESPONSE. APRIL 2. 1991 A LETTER WAS SENT. CODE ENFORCEMENT - REGULAR MEETING - MAY 15~ 1991 PAGE 2 MR. MCCUSKER CALLED AND WAS SUPPOSE TO BE IN TO RENEW HIS LICENSE ON APRIL 8, 1991 BUT NEVER SHOWED UP. ON APRIL 13TH STILL DID NOT APPLY TO RENEW HIS LICENSE. THE CLERK'S OFFICE HAS NOT NOTIFIED MR. NICHOLSON THAT MR. MCCUSKER HAS APPLIED AS OF THIS MEETING. BRUCE COOPER RECOMMENDED THAT THE BOARD FIND MR. DANIEL A. MCCUSKER IN VIOLATION OF SECTION 14-4 AND A PLAT FINE OP $50.00 BE IMPOSED WITH A $25.00 PER DAY FINE FOR FAILURE TO COME IN AFTER HE HAS RECEIVED NOTICE. A MOTION WAS MADE BY MR. TOZZOLO AND SECONDED BY MR. METCALP THAT IN REFERENCE TO CASE# 91--4999 INVOLVING MR. DANIEL A. MCCUSKER THAT HE IS IN VIOLATION OF SECTION 14-4 AND SHALL BE FINED $50.00 AND $25.00 PER DAY AFTER 10 DAY GRACE PERIOD UPON NOTIFICATION. MR. NICOLINI STATED $50.00 WAS NOT ENOUGH. MR. MCCUSKER IGNORED THE WHOLE SITUATION, HE THINKS THE FiNE SHOULD BE THE MAXIMUM OF $250,00. MR. GILLIAMS & MR. METCALP AGREED. MR. METCALP WITHDREW HIS SECOND TO THE MOTION. DIED BECAUSE OF LACK OF SECOND. THE MOTION MR. NICOLINI AMENDED THE MOTION TO READ A FLAT FINE OF $250.00 INSTEAD OF $50.00 PLAT PINE AND $25.00 PER DAY UPON NOTIFICATION. MR. GILLIAMS ASKED ATTORNEY LULICH WHETHER A BOARD MEMBER COULD AMEND AN EXISTING MEMBERS MOTION WITHOUT HIS CONSENT. ATTORNEY LULICH STATED NO. MOTION BY MR, GILLIAMS, SECONDED BY VICE CHAIRMAN FISCHER THAT IN REFERENCE TO CASE~ 91-4999 INVOLVING DANIEL A. MCCUSKER INC. THAT THE BOARD MAKE THE FOLLOWING DETERMINATION. A. FINDINGS OF FACT~ MR. MCCUSKER IS IN VIOLATION OF 14-4. THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C. AN "ORDER OF ENFORCEMENT" IS WARRANTED. A FLAT FINE OP $100.OO SHALL BE IMPOSED UPON NOTIFICATION AND 850.00 PER DAY STARTING THE DAY AFTER NOTIFICATION UNTIL HE RECTIFIES THE PROBLEM. MOTION CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 1§~ 1991 PAGE 3 CASE# 91-4954 EDGAR & MARY SWINGLE ASSISTANT CITY ATTORNEY STATED THAT THE CITY WOULD WITHDRAW THE CASE SINCE THEY COMPLIED ON APRIL 25, 1991. NO ACTION TAKEN. CASE# 91-5027 JOHN BAGBY (TENANT) ROSS & BERNITA CALVIN (OWNER) MR. BAGBY & MR. CALVIN BOTH ATTENDED THE MEETING. LULICH READ SECTION 12-31. ATTORNEY ASSISTANT CITY ATTORNEY TORPY QUESTIONED MR. NICHOLSON. MR. NICHOLSON NOTICED VIOLATION ON MARCH 12, 1991, JUNK AUTOS AND MISCELLANEOUS AUTO PARTS (GOLD FIREBIRD. MAROON DATSUN PICKUP, MAROON MUSTANG ALL INOPERABLE). PHOTOGRAPHS WERE GIVEN TO THE BOARD FOR REVIEW. LETTERS AND NOTICE OF HEARING WERE SENT TO MR. BAGBY AND MR. CALVIN. AS OF THE DATE OF THIS HEARING, THEY DID NOT COMPLY. MR. BAGBY STATED THAT THE FIREBIRD & MUSTANG ARE OPERABLE. NO TAGS OR REGISTRATION ON FIREBIRD. THE MUSTANG a DATSUN PICKUP HAVE BEEN REMOVED. ATTORNEY LULICH READ SECTION 12-30, DEFINITION OF JUNK, TO THE BOARD MEMBERS. ATTORNEY LULICH ASKED IF STAFF WAS PROCEEDING SEPARATELY SINCE MR. BAGBY AND MR, CALVIN WERE BOTH SERVED WITH NOTICE OF HEARINGS. ATTORNEY TORPY SAID THAT STAFF WAS OFFERING EVIDENCE AT THIS POINT AGAINST BOTH VIOLATORS, THE OWNER AS WELL AS THE TENANT. MR. ROSS CALVIN STATED HE TALKED SEVERAL TIMES TO MR. BAGBY TO CLEAN UP PROPERTY. IF HE DOES NOT CLEAN UP THE PROPERTY, HE WILL EVICT MR. BAGBY. BRUCE COOPER MADE A RECOMMENDATION TO FIND MR. BAGBY IN VIOLATION OF SECTION 12-31 AND GIVE HIM 15 DAYS TO COMPLY OR FAILURE TO COMPLY IMPOSE A FINE OF $250.00 PER DAY. THIS ONE FINE OF $250.00 WOULD RUN AGAINST BOTH OF THEM, MR. BAGBY & MR. CALVIN. IF OWNER STARTS EVICTION. THE CITY COULD RECOMMEND A WITHDRAWAL OF A FINE AGAINST HIM. CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 15~ 1991 PAGE 4 A MOTION WAS MADE BY MR. NICOLINI. SECONDED BY MR. METCALF THAT IN REFERENCE TO CASE# 91-5027 INVOLVING JOHN BAGBY THAT HE IS IN VIOLATION OF SECTION 12-31 AND BE MANDATED TO CLEAN UP THE PROPERTY WITHIN 15 DAYS (JUNE 1. 1991} OR A FINE OF $250.00 PER DAY SHALL BE IMPOSED STARTING ON THE 16TH DAY FROM TODAY. THE FINE SHALL BE AGAINST BOTH MR. BAGBY AND THE OWNER OF THE PROPERTY EQUALLY. MR. NICOLINI AMENDED THE MOTION TO ALSO INCLUDE ROSS AND BERNITA CALVIN~ OWNERS OF THE PROPERTY. MR. METCALF SECONDED THE AMENDED MOTION. AFTER A DISCUSSION. MR. NICOLINI WITHDREW HIS MOTION AND MR. METCALF WITHDREW HIS SECOND. A MOTION WAS MADE BY MR. GILLIAMS. SECONDED BY MR. METCALF THAT IN REFERENCE TO CASE #91-5027 INVOLVING JOHN BAGBY (THE ALLEGED VIOLATOR) & ROSS & BERNITA CALVIN (ALSO ALLEGED VIOLATOR AND LANDLORD) THAT THE BOARD MAKES THE FOLLOWING DETERMINATION= FINDING OF FACT= THE VIOLATION DID OCCUR PERTAINING TO SECTION 12-31 JUNK VEHICLE AND MISCELLANEOUS JUNK PARTS. B. THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C. AN "ORDER OF ENFORCEMENT" IS WARRANTED. A FINE OF $100.00 BE IMPOSED IMMEDIATELY AND THAT WE GIVE THE TENANT (JOHN BAGBY) AND THE LANDLORD UP TO 15 DAYS (JUNE 1. 1991) TO RECTIFY THE VIOLATION. IF THE VIOLATION iS NOT RECTIFIED IN 15 DAYS. A FINE SHALL BE IMPOSED OF $250.00 PER DAY. ViCE CHAIRMAN FISCHER VOTED NO. MOTION CARRIED. CASE# 90-4400 R.H. MANN (TOWN STAR} ASSISTANT CITY ATTORNEY TORPY QUESTIONED ROBERT NICHOLSON. THE FIRST LETTER SENT ON 1/11/91 GAVE A 60 DAY VOLUNTARY PERIOD TO FENCE IN THE DUMPSTER. THE SECOND LETTER SENT 3/1~/91 GAVE 30 DAYS FROM RECEIPT OF THE LETTER TO COMPLY. MR. NICHOLSON RECHECKED 4/15/91. A PERMIT WAS APPLIED FOR. TO THE BEST OF OUR KNOWLEDGEs DUMPSTER NOT ENCLOSED YET. CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 15~ 1991 PAGE § BRUCE COOPER RECOMMENDED THAT A $50.00 FINE BE IMPOSED IMMEDIATELY AND WITHIN 7 DAYS IF THE STRUCTURE IS NOT COMPLETED, THAT A FINE OF $25.O0 PER DAY BE IMPOSED. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. NICOLINI THAT IN REFERENCE TO CASE# 90-4400 INVOLVING R.H. MANN, THE ALLEGED VIOLATOR, THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS, A) FINDING OF FACT: R.H. MANN IS IN VIOLATION OF SECTION 20A-5.9(F). THE VIOLATION DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D~ A FINE OF $50.00 BE IMPOSED AND HAVE 7 DAYS TO RECTIFY THE VIOLATION AND IF IN 7 DAYS THE VIOLATION IS NOT RECTIFIED, A $25.00 PER DAY FINE BE ACCESSED. AN AMENDED MOTION WAS MADE BY MR. GILLiAMS, SECONDED BY MR. TOZZOLO TO READ "A FINE OF $100.OO BE IMPOSED INSTEAD OF $50.00 AND HAVE 7 DAYS TO RECTIFY VIOLATION OR A $25.00 PER DAY FINE SHALL BE IMPOSED. MR. NICOLINI VOTED NO. MOTION CARRIED. CASE# 90-4379 JACK MORROW ASSISTANT CITY ATTORNEY TORPY STATED THAT WITH RESPECT TO THE CASE AGAINST MR. MORROW (FAMILY CERAMICS) THAT CASE HAS BEEN BROUGHT INTO COMPLIANCE AND THE CITY WILL BE PRESENTING NO EVIDENCE ON THAT CASE. CASE# 90-4415 JOHN HADAWAY (TACKLE SHOP) MR. HADAWAY WAS PRESENT AT THE MEETING. MR. NICHOLSON STATED THAT WE SENT NOTICE TO THE ORIGINAL OWNER, THOMAS KARR ON 1/11/91 GIVING 60 DAYS TO COMPLY. THE TACKLE SHOP CHANGED HANDS TO MR. HADAWAY. STAFF SENT HIM THE CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 15t 1991 PAGE 6 30 DAY NOTICE TO COMPLY ON 3/26/91 AND RECHECKED 4/27/91. ON 4/29/91 WE CERTIFIED THIS CASE TO THE BOARD. THE DUMPSTERS ARE STILL THERE AS OF 5/14/91. PHOTOGRAPHS GIVEN TO BOARD MEMBERS FOR REVIEW. MR. HADAWAY STATED HE MADE ARRANGEMENTS FOR THE DUHPSTER TO BE PICKED UP. STAFF RECOMMENDS THAT NO ACTION BE TAKEN AT THIS TIME. A MOTION WAS HADE BY MR. GILLiAMS, SECONDED BY MR. NICOLINI THAT THE BOARD DISMISS CASE# 90-4415 IN REFERENCE TO SECTION 20A-5.9(F) DUMPSTER NOT SCREENED. MOTION CARRIED. BOARD ATTORNEY REOUESTS AND REpORTS~ ATTORNEY LULICH ASKED ABOUT PREVIOUS ORDER ON CASE# 90-4360, MR. MALONE. HE HAS A NOTICE OF COMPLIANCE ON NOVEMBER 21, 1990 FOR THiS CASE. ATTORNEY LULICH ASKED STAFF TO CHECK IF MR. MALONE DID PAY HIS $100.00 FINE. IT SHOULD BE BROUGHT BACK NEXT MONTH TO THE BOARD. BUILDING OFFICIAL'S MATTERS~ NONE GENERAL ~ NONE PUBLIC INPUT= NONE ADJOURN~ A MOTION WAS MADE 8Y VICE CHAIRMAN FISCHER, SECONDED BY MR. TOZZOLO TO ADJOURN THE MEETING AT 3~50 P.M. CARRIED. Minutes approved at the ~ /-! , 1991 Meeting. /D6nato Derobertis, Chairman Board Secretary