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HomeMy WebLinkAbout05191993 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 19_a 1993 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 21, 1993 ATTORNEY'S MATTERS: OLD BUSINESS: AMEND ORDER OF DAVID KOZDRA, CASE # 92-7475 NEW BUSINESS: CASE# 93-8038, HERBERT C. PATTON REAPPOINTMENT OF BOARD MEMBER VOTING ON CHAIRMAN AND VICE CHAIRMAN 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 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, MAY 19, 1993 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. CODE ENFORCEMENT BOARD REGULAR MEETING MAY 19f 1993 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY ViCE CHAIRMAN FISCHER AT 2:19 P.M. ROLL CALL: PRESENT: MR. METCALF MR. NICOLINI VICE CHAIRMAN FISCHER MR. GILLIAMS MR. TOZZOLO ATTORNEY LULICH EXCUSED: CHAIRMAN DEROBERTIS MRS. KOSTENBADER BRUCE COOPER, BUILDING OFFICIAL PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. TOZZOLO TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON APRIL 21, 1993. THE MOTION WAS CARRIED. ATTORNEY ' S MATTERS: NONE OLD BUSINESS: AMEND ORDER OF CASE# 92-7475, DAVID KOZDRA ASSISTANT CITY ATTORNEY RICHARD TORPY STATED AT THIS TIME THAT THE CITY WOULD LIKE TO WITHDRAW THIS CASE AND PUT IT ON THE NEXT AGENDA SINCE MR. COOPER WAS OUT OF TOWN. HE HAD PUT THIS ITEM ON THE AGENDA. NEW BUSINESS: CASE# 93-8038, HERBERT C. PATTON STEVE LULICH, BOARD ATTORNEY, SWORE IN EVERYONE THAT WOULD BE TESTIFYING. CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 19, 1993 PAGE 2 THE ASSISTANT CITY ATTORNEY QUESTIONED ROBERT NICHOLSON CONCERNING THIS CASE. CASE # 93-8038 WAS OBSERVED ON APRIL 8, 1993 AGAINST HERBERT C. PATTON OF 149 MAIN STREET, LOT 9, BLOCK 5, UNIT #1. VIOLATIONS WERE AS FOLLOWS: CODE OF ORDINANCES SECTION 26-138 (NO POOL ENCLOSURE OR BEYOND REPAIR), 86-47 (JUNK DEPOSITS) ONE AUTOMOBILE WAS INOPERABLE AND ONE UNKNOWN IF OPERABLE SINCE IT HAD NOT BEEN MOVED IN SOME TIME AND AT T~AT TIME IT WAS UNREGISTERED, 66-1 & 66-3 WHICH IS VEGETATION EXCEEDED 10" AND DEBRIS AND 20A- 5.16(C)(7) (TWO R.V.'S, MAINLY BOATS, THAT WERE UNREGISTERED). THE ORIGINAL NOTICE WAS DATED 4/9/93 AND SERVED BY ASSURED COURIER ON 4/15/93. THE CITY OFFERED THIS AS EXHIBIT #1. THE RECHECK DATE WAS 4/30/93 AND AT THAT TIME ONE BOAT HAD BEEN REGISTERED AND THE GRASS HAD BEEN MOWED. SINCE ALL THE VIOLATIONS HAD NOT BEEN CORRECTED, HE WAS SERVED NOTICE TO THE BOARD ON 5/5/93 BY ASSURED COURIER AND THE RECIPIENT WAS MR. H.C. PATTON. THE NOTICE OF VIOLATION HEARING WAS OFFERED BY THE CITY AS EXHIBIT #2. AN INSPECTION OF THE PROPERTY ON MAY 19, 1993 REVEALED TRAT THE UNREGISTERED BOAT HAD BEEN REMOVED. THE POOL ENCLOSURE IS NOT STRUCTURALLY SOUND AND WOULD NOT MEET THE BUILDING CODES OF THE CITY AND ALSO THERE WAS NO PERMIT. MR. NICHOLSON SHOWED A SHORT VIDEO OF MR. PATTON'S PROPERTY POINTING OUT THE VIOLATIONS. THE VIDEO WAS OFFERED BY THE CITY AS EXHIBIT #3. ATTORNEY LULICH ASKED MR. PATTON IF HE WOULD LIKE THE SECTIONS OF THE CODE READ TO HIM. MR. PATTON STATED NO. MR. PATTON GAVE HIS TESTIMONY. HE STATED HE iS AN EMPLOYEE OF PIPER AND HAS BEEN OUT OF WORK FOR A LITTLE OVER A YEAR. WHEN HE WENT BACK TO WORK ABOUT 9 MONTHS AGO, HE PURCHASED A LINER FOR HIS POOL. MR. PATTON STATED HE HAD A PERMIT WHICH WAS ISSUED ABOUT TWO WEEKS AGO. THE BOAT THAT WAS NOT REGISTERED BELONGS TO HIS SON AND MR. PATTON HAS MOVED IT TO STORE IT. THE VEHICLE IN THE BACK THAT WAS DEFINITELY INOPERABLE HAD PARTS REMOVED AND THE PARTS HAVE BEEN REPLACED AND WILL BE OPERABLE WHEN WHEELS ARE PUT ON. HE WORKED UNTIL ALMOST 8:00 P.M. EVERY NIGHT iN THE LAST 2 WEEKS SINCE HE GOT THE PERMIT TO CLEAR UP THE VIOLATIONS. MR. NICHOLSON SAID TO MR. PATTON THAT HE MAY WANT TO CONTACT MR. BONACCI, CHIEF BUILDING INSPECTOR, REGARDING THE STRUCTURE OF THE POOL ENCLOSURE. MR. NICHOLSON SAID HE WAS NOT AWARE OF THE PERMIT AND WOULD CHECK IT OUT. THE CITY IS ONLY SEEKING A FINDING OF VIOLATION PERTAINING TO THE JUNK AND THE LACK OF A PROPER POOL ENCLOSURE. THE CITY DID HAVE A PROPOSED ORDER THAT THEY PREPARED AND THE CLERK GAVE A COPY TO EACH BOARD MEMBER. THE BOARD REQUESTED A FEW CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 19, 1993 PAGE 3 MINUTES TO REVIEW THE PROPOSED ORDER. THE ASSISTANT CITY ATTORNEY STATED THERE SHOULD BE AN AMENDMENT TO THE FINDINGS OF FACT THAT THERE IS ONLY ONE MAROON INOPERABLE VEHICLE. MR. NICHOLSON STATED THAT A PERMIT HAD BEEN ISSUED ON 5/3/93. ATTORNEY LULICH STATED THAT THE BOARD CAN CHANGE THE FINDINGS OF FACT ON THE PROPOSED ORDER AT ANY TIME. WITH REGARD TO THE CONCLUSION OF LAW, IT SHOULD COINCIDE WITH THE FINDINGS OF FACT. THE PROPOSED ORDER IS NOT SIMILAR TO THE STANDARD ORDER. THE STANDARD ORDER STATES WHAT THE MAXIMUM FINE COULD BE AND THAT IF THERE IS A FUTURE VIOLATION, THAT IT WOULD BE CONSIDERED A RECURRENCE. A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. TOZZOLO IN REFERENCE TO CASE # 93-8038 OF A VIOLATION OF DEBRIS AND POOL ENCLOSURE INVOLVING MR. PATTON, THAT A VIOLATION DID OCCUR AND THAT MR. PATTON CAUSED THE VIOLATION. THE VIOLATION CONSISTED OF ILLEGAL POOL ENCLOSURE AND DEBRIS IN THE YARD. THEREFORE AN ORDER OF ENFORCEMENT TO CORRECT THE VIOLATION IS WARRANTED. AFTER A BRIEF DISCUSSION A ROLL CALL ON THE MOTION WAS MADE: MR. GILLIAMS NO VICE CHAIRMAN FISCHER YES MR. NICOLINI YES MR. TOZZOLO YES MR. METCALF NO THE MOTION WAS CARRIED. MR. NICOLINI AMENDED HIS MOTION TO ADD IN REFERENCE TO CASE # 93-8038 THAT MR. PATTON IS IN VIOLATION OF SECTION 66- 1(2)(5)&(6) AND 66-3(1)(2)(3)&(9) WHICH COVERS VARIOUS TYPES OF DEBRIS AND YARD CLUTTER; SECTION 86-47 COVERS AN INOPERABLE CAR; AND 26-138 COVERS POOL ENCLOSURE. MR. PATTON BE GIVEN 20 CALENDAR DAYS FROM DATE OF HEARING TO COMPLETE THE CLEAN UP OF THESE VIOLATIONS. IF THIS IS NOT DONE BY 20 CALENDAR DAYS, THAT A $100.00 PER DAY FINE BE IMPOSED FOR A PERIOD NOT TO EXCEED 15 DAYS. MR. NICOLINI WITHDREW HIS AMENDED MOTION SINCE THERE WAS A LACK OF A SECOND. CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 19, 1993 PAGE 4 AN AMENDED MOTION WAS MADE BY MR. TOZZOLO EXACTLY THE SAME AS MR. NICOLINI'S AMENDED MOTION EXCEPT THE 20 DAYS GOES TO 30 DAYS AND THERE BE NO 15 DAY TIME LIMIT ON THE FINE. MR. NICOLINi SECONDED THE MOTION. ROLL CALL: MR. GILLIAMS YES MR. NICOLINI NO MR. TOZZOLO YES MR. METCALF YES ViCE CHAIRMAN FISCHER YES MOTION CARRIED. THE BOARD REQUESTED THAT THE TITLE OF SECTIONS ALSO BE ADDED IN THE CONCLUSIONS OF LAW ON THE PROPOSED ORDER. ATTORNEY LULICH ALSO REQUESTED THE COPIES OF THE SECTIONS OF THE CODE BE PUT IN THE PACKETS. REAPPOINTMENT OF BOARD MEMBER: A MOTION WAS MADE BY MR. TOZZOLO AND SECONDED BY VICE CHAIRMAI~ FISCHER TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE A SECOND TERM FOR MR. NICOLiNI. ROLL CALL: MR. GILLIAMS YES VICE CHAIRMAN FISCHER YES MR. TOZZOLO YES MR. METCALF YES MOTION CARRIED. VOTING ON CHAIRMAN AND VICE CHAIRMAN: FOR THE RECORD CHAIRMAN DEROBERTIS WAS ON VACATION AND MRS. KOSTENBADER WAS HAVING SOME TESTS DONE. A MOTION WAS MADE BY VICE CHAIRMAN FISCHER, SECONDED BY MR. METCALF TO NOMINATE DAMIEN GILLIAMS FOR CHAIRMAN. ROLL CALL: MR. METCALF YES MR. TOZZOLO YES MR. NICOLiNI YES VICE CHAIRMAI~ FISCHER YES MR. GILLIAMS YES CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 19~ 1993 PAGE 5 MOTION CARRIED. A MOTION WAS MADE BY MR. GILLIAMS TO NOMINATE WAYNE TOZZOLO FOR VICE CHAIRMAN. VICE CHAIRMAN FISCHER SECONDED THE MOTION. MR. TOZZOLO STATED THAT HE COULD NOT ACCEPT THE POSITION OF VICE CHAIRMAN. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF TO NOMINATE JOAN KOSTENBADER FOR VICE CHAIRMAN. ROLL CALL: MR. METCALF YES MR. TOZZOLO YES MR. NICOLINI YES VICE CHAIRMAN FISCHER YES MR. GILLIAMS YES MOTION CARRIED. BOARD ATTORNEY REQUESTS AND REPORTS: THE BOARD ATTORNEY STATED THAT SOME OF THE LAWS HAVE CHANGED AND WE ARE TRYING TO CHANGE THE WAY STAFF PRESENTS PROPOSALS AND ORDERS. IF THE BOARD HAS ANY QUESTIONS OR REQUESTS REGARDING THIS, PLEASE ASK ATTORNEY LULICH. MR. GILLIAMS ASKED WHO WOULD BE PREPARING THE NEW PROPOSAL OF ORDER. THE CITY STAFF WILL MAKE A PROPOSAL OF EITHER A MOTION OR AN ORDER. THE CITY WOULD LIKE TO DO IT IN AN ORDER FORM. THE BOARD ATTORNEY STATED THE BOARD COULD MAKE A MOTION TO STATE THAT THE BOARD ACCEPTS THE ORDER AS PRESENTED WITH THE FOLLOWING CHANGES. THEN GO UNDER THE CONCLUSIONS OF LAW AND CHANGE THE SECTION NUMBERS AND GO UNDER THE FINDINGS OF FACT AND CHANGE THEM. A COPY OF THE PROPOSED ORDER SHOULD ALSO BE GIVEN TO THE ALLEGED VIOLATOR IF HE IS PRESENT AT THE MEETING. BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION: WAYNE TOZZOLO EXPLAINED WHY HE DID NOT ACCEPT THE NOMINATION FOR VICE CHAIRMAN. HE IS GOING TO TRY TO GET ON THE CONSTRUCTION BOARD SINCE THEY MEET AT NIGHT. IT IS VERY HARD FOR HIM TO ATTEND MEETINGS DURING THE DAY. CODE ENFORCEMENT BOARD - REGULAR MEETING - MAY 19, 1993 PAGE 6 PUBLIC INPUT: HERBERT STURM OF 549 SAUNDERS STREET HAD A QUESTION FOR THE BOARD. HE COMPLAINED RECENTLY ABOUT A CULVERT BEING REDONE WITHOUT PERMIT OR BENEFIT OF INSPECTION BEFORE IT WAS PUT IN OR AFTER IT WAS COMPLETED. THE CULVERT APPEARS TO BE 4" TOO HIGH. HE JUST WANTED TO KNOW WHAT THE BOARD COULD DO TO GET THIS CORRECTED. WHEN HE COMPLAINED TO THE CODE ENFORCEMENT OFFICER, HE SAID THE CITY ENGINEER SAID THEY DID NOT NEED A PERMIT. ATTORNEY LULICH STATED THE CODE ENFORCEMENT BOARD DOES NOT SET POLICY AND ONLY DEALS WITH VIOLATIONS AND CORRECTION OF THOSE VIOLATIONS. MR. STURM ASKED THE BOARD HOW THEY FEEL ABOUT THE CITY ENGINEER SAYING THAT THE CULVERT IS NOT A VIOLATION WHEN IN FACT IT IS. THE BOARD ATTORNEY AND THE BOARD MEMBERS STATED IF THERE IS A PROBLEM WITH CITY STAFF, THE CITY MANAGER OR CITY COUNCIL WOULD HANDLE THE COMPLAINT. ADJOURN: A MOTION WAS MADE BY MR NICOLINI, SECONDED BY MR. METCALF TO ADJOURN THE MEETING AT 3:40 P.M. CARRIED. Minutes approved at the~ ~ /.~. , 1993 Meeting. ien Gilliams, Ch~'-~man