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HomeMy WebLinkAbout05161990 CODE ENFORCEMENT BOARD REGULAR MEETING MAY 16~ 1990 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:00 P.M. ROLL CALL: PRESENT: MRS. KOSTENBADER CHAIRMAN DEROBERTIS MR. VICKERS ATTORNEY LULICH MR. GILLIAMS EXCUSED: VICE CHAIRMAN FISCHER BRUCE COOPER, BUILDING OFFICIAL ALSO PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: MOTION BY MR. GILLIAMS AND SECONDED BY MR. VICKERS TO APPROVE THE MINUTES OF MEETING HELD ON APRIL 18, 1990. CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: CHAIRMAN DEROBERTIS ASKED ROBERT NICHOLSON ABOUT THE CASE# 90-3266, JONES EARL KIGHT. ROBERT NICHOLSON SAID IT APPEARED TO HIM THERE WAS A 95 PERCENT iMPROVEMENT ON HIS PROPERTY. ATTORNEY LULICH SAID THAT THE LIEN WAS RECORDED MAY 2, 1990 IN THE AMOUNT OF $1,750. NEW BUSINESS: CASE# 90-3471 STEVE PHILLIPSON ATTORNEY LULICH SWORE IN ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER. MR. PHILLIPSON DID NOT ATTEND THE MEETING. CODE ENFORCEMENT BOARD - REGULAR MEETING - 5/25/90 CASE# 90-3471 PAGE 2 ASSISTANT CITY ATTORNEY, RICHARD TORPY, QUESTIONED MR. NICHOLSON CONCERNING MR. PHILLIPSON. ON APRIL 6, 1990 A NOTICE WAS SENT TO STEVEN PHILLIPSON CONCERNING WRECKED AUTO, SECTION 12-31 OF THE CODE OF ORDINANCES. ON MAY 9, 1990 MR. NICHOLSON SERVED NOTICE OF VIOLATION HEARING TO THE CO-OWNER OF GOODYEAR GARAGE, EDGAR SULLIVAN. MR. PHILLIPSON IS NOT LICENSED AS A JUNK YARD. PHOTOS WERE GIVEN TO BOARD MEMBERS TO REVIEW. AS OF MAY 16, 1990, 11:00 A.M. THE JUNK AUTO HAD NOT BEEN REMOVED. AT 12:45, MAY 16, 1990, MR. PHILLIPSON ASSURED MR. NICHOLSON THAT THE JUNK AUTO WOULD BE REMOVED TODAY AND THAT HE WOULD NOT ATTEND THIS MEETING. AFTER A BRIEF DISCUSSION, A MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY MR. GILLIAMS IN REFERENCE TO CASE# 90-3471 INVOLVING MR. STEVEN PHILLIPSON THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. STEVEN PHILLIPSON WAS IN VIOLATION OF SECTION 12-31 OF THE CODE OF ORDINANCES, JUNK AUTO. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) A PENALTY OF $250.00 PER DAY SHALL BE IMPOSED IF THE JUNK AUTO IS NOT REMOVED BY 5:00 P.M., MAY 16, 1990. CARRIED. ASSISTANT ATTORNEY TORPY STATED STAFF RECOMMENDS A FLAT FINE BE IMPOSED OF $250.00. IF MR. PHILLIPSON DOES NOT COMPLY BY 5:00 P.M. MAY 16, 1990, A FINE OF $250.00 PER DAY SHALL BE IMPOSED FOR THE PERIOD OF NON-COMPLIANCE. AN AMENDED MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY MR. GILLIAMS TO IMPOSE A FINE OF $250.00 AND IF MR. PHILLIPSON DOES NOT COMPLY BY 5:00 P.M. MAY 16, 1990, A FINE OF $250.00 PER DAY SHALL BE IMPOSED. CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - 5/25/90 CASE# 90-3471 PAGE 3 BOARD ATTORNEY REQUESTS AND REPORTS: ATTORNEY LULICH STATED THERE WAS IN THE PAST AN AFFIDAVIT OF NON COMPLIANCE THAT WAS FORTHCOMING FROM STAFF. ON THE LAST LIEN ATTORNEY LULICH DID NOT HAVE THAT AFFIDAVIT SO HE JUST WENT BY THE FACTUAL DETERMINATION OF THE BOARD. IF WE ARE GOING TO USE IT, LETS USE IT. ATTORNEY LULICH STATED SINCE CITY COUNCIL HAS NOT AUTHORIZED THE EXPENDITURE OF MONIES TO SUPPLY HIM WITH ALL OF THE LITERATURE THAT COMES DOWN THROUGH CITY ATTORNEYS THROUGHOUT THE STATE REGARDING UPDATES AND LAWS, IF THE CITY ATTORNEY WOULD PLEASE FORWARD THE APPROPRIATE CHANGES IN THE LAW REGARDING CODE ENFORCEMENT BOARDS TO HIM, BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION: MR. GILLiAMS ASKED ABOUT CODE ENFORCEMENT BOARD APPLICANTS. THE BOARD SECRETARY STATED THAT THERE ARE 3 APPLICANTS WHICH ARE BEING INVESTIGATED NOW. PUBLIC INPUT: NONE ADJOURN: MOTION WAS MADE BY CHAIRMAN DEROBERTIS AND SECONDED BY MR. GILLiAMS TO ADJOURN THE MEETING AT 2:30. CARRIED. City of Sebastian POST OFFICE BOX 780127 o 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, MAY 16, 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. 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 16, 1990 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: REGULAR MEETING OF APRIL 18, 1990 STEVE PHILLIPSON CASE# 90-3471 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.