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Home My WebLink About06171991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19~ 1991 - 2~OO P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS, OLD BUSINESS~ NEW BUSINESS~ REGULAR MEETING OF MAY 15. 1991 CASE% 91-4999. DANIEL MCCUSKER CASE# 91-5027. JOHN BAGBY (TENANT) ROSS CALVIN (OWNER) CASE# 90-4400, R.H. MANN (TOWN STAR) CASE# 90-4360. JAMES MALONE CASE# 91-5274. SAMUEL COBURN & DEBRA JONES CASE# 91-4821. WILLIAM BLACK CASE# 91-5197. CHARLES & JUANITA LATIMER 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, JUNE 19, 1991 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 JUNE 19, 1991 - 2,00 P.M. MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN FISCHER AT 2,10 P.M. ROLL CALL, PRESENT, MR. METCALF MR. TOZZOLO MR. NICOLINI VICE CHAIRMAN FISCHER MR. GILLIAMS ATTORNEY LULICH EXCUSED, CHAIRMAN DEROBERTIS MRS. KOSTENBADER BRUCE COOPER. BUILDING OFFICIAL ALSO PRESENT, ROBERT NICNOLSON, CODE ENFORCEMENT OFFICERs RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES, MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. GILLIAMS TO APPROVE THE MINUTES OF THE MEETING HELD MAY 15. 1991. CARRIED. ATTORNEY'S MATTERS, NONE OLD BUSINESSs CASE# 91-4999 DANIEL MCCUSKER ATTORNEY LULICH QUESTIONED THE SIGNATURE ON THE RETURN RECEIPT OF THE ORDER AND THE ORIGINAL VIOLATION LETTER THAT WAS SENT TO MR. MCCUSKER. ASSISTANT CITY ATTORNEY TORPY STATED THAT THE QUESTION OF THE SIGNATURE SHOULD HAVE BEEN ADDRESSED AT THE LAST MEETING IF THERE WAS A CONCERN ABOUT THAT. THAT WAS THE ADDRESS THAT WAS GIVEN TO THE CITY. ASSISTANT CITY ATTORNEY RECOMMENDED TO TABLE THIS CASE AND GIVE PERSONAL SERVICE OF THE ORDER TO MR. MCCUSKER AND THEREFORE WE WON'T HAVE ANY QUESTION AT ALL. BUT IF WE CANNOT LOCATE MR. MCCUSKER. WE WILL STAY WITH THE SIGNATURE WE HAVE ON THE RETURN RECEIPTS. PAGE 2 CASES 91-5027 JOHN BAGBY (TENANT) ROSS CALVIN (OWNER) MR. GILLIAMS RECOMMENDED THAT THIS CASE BE TABLED UNTIL NEXT MONTH'S AGENDA. MR. CALVIN IS IN THE PROCESS OF EVICTING MR. BAGBY. ASSISTANT CITY ATTORNEY TORPY SUGGESTED THAT THE CLERK OR SOMEONE FROM THE BUILDING DEPARTMENT CONTACT MR. CALVIN'S ATTORNEY, MR. CARTER, AND GET A COPY OF THE COMPLAINT AGAINST MR. BAGBY FOR NEXT MONTH'S MEETING. CASES 90-4400 R.H. MANN THIS VIOLATION IS IN COMPLIANCE AS OF JUNE 17, 1991. MR. MANN STILL HAS A FLAT FINE OF $100.OO TO BE PAID AND $25.00 PER DAY AFTER 7 DAYS FROM RECEIPT OF ORDER. HE RECEIVED THIS ORDER ON 5/28/91 CERTIFIED MAIL. CASES 90-4360 JAMES MALONE THIS CASE IS IN COMPLIANCE AND THE $100.O0 FINE WAS PAID ON 2/20/91. N~ BU~.IN~SS, ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING DURING THE MEETING. CASES 91-5274 SAMUEL COBURN & DEBRA JONES MR. & MRS. COBURN WERE PRESENT. ASSISTANT CITY ATTORNEY QUESTIONED MR. NICHOLSON, CODE ENFORCEMENT OFFICER. ON MAY 13, 1991, MR. NICHOLSON NOTICED THEIR BOAT IN FRONT OF THE RESIDENCE WHICH IS A VIOLATION OF THE LAND DEVELOPMENT CODE, SECTION 2OA-5.16. ON 5/14/91. THEY WERE GIVEN 24 HOUR NOTICE TO REMOVE THE BOAT. THE BOAT WAS NOT REMOVED BY 5/15/91. THIS CASE WAS CERTIFIED TO THE BOARD. THIS WAS THE SIXTH VIOLATION FOR THE SAME OFFENSE IN 1991. THE VIOLATION HAS BEEN CORRECTED. A NOTICE OF VIOLATION WAS DELIVERED 5/18/91. CODE ENFO~,~EMENT ~ - REGULAR MEETING - JUNE 9~ 1991 PAGE 3 DEBRA JONES (C0BURN) EXPLAINED THAT THEY HAVE TROUBLE WITH DRAINAGE. WHEN IT RAINS. THEY CANNOT GET THEIR BOAT IN THE BACK OR SIDE YARD. THEY ARE NOW PAYING TO HAVE IT STORED ELSEWHERE UNTIL THE DRAINAGE PROBLEM IS CORRECTED. ASSISTANT CITY ATTORNEY RECOMMENDED THAT A FiNE OF $100.00 BE IMPOSED AND THAT A FINDING OF FACT BE FOUND THAT THE BOAT WAS IN VIOLATION OF THE ORDINANCE BEING PARKED IN THE DRIVEWAY AND A NOTICE OF VIOLATION BE ISSUED IN CASE THERE ARE FUTURE VIOLATIONS SO THAT THE CITY CAN PURSUE A INCREASE VIOLATION BASED ON A REPEAT VIOLATION. A MOTION WAS MADE BY MR. NICOLINI. SECONDED BY MR. METCALF WITH REFERENCE TO CASE # 91-5274. INVOLVING SAMUEL COBURN AND DEBRA JONES THAT THEY ARS IN VIOLATION OF SECTION 20A-5.16. THE VIOLATION DID OCCUR AND THEY DID COHHIT THE VIOLATION BY PARKING THE BOAT IN THE FRONT YARD IN FRONT OF THE SETBACK LINE. RECOHMSNDS A FINS OF $100.00 BE IMPOSED. ROLL CALL= MR. METCALF MR. TOZZOLO MR. NICOLINi VICE CHAIRMAN FISCHER MR. GILLIAMS YES YES YES YES NO CARRIED. CASS% 91-4821 WILLIAM BLACK MR. WILLIAM BLACK WAS PRESENT AT THIS MEETING. ASSISTANT CITY ATTORNEY TORPY STATED WITH RESPECT TO THIS CASE. MR. BLACK HAS CORRECTED THIS VIOLATION BY OBTAINING A PERMIT AND REQUEST NO ACTION AND THE CITY INTENDS TO PRESENT NO.EVIDENCE ON THIS CASE. CASE IS WITHDRAWN. CASE% 91-5197 CHARLES & JUANITA LATIMER CHARLES & JUANITA LATIMER WERE NOT PRESENT AT THIS MEETING. CODE ENFORCEMENT BOARD - REGULAR HEETING - ~ 19, 1991 PAGE 4 ASSISTANT CITY ATTORNEY TORPY QUESTIONED ROBERT NICHOLSON CONCERNING THIS CASE. ON APRIL 26. 1991 THE BROWN PLYMOUTH 4 DOOR WAS NOTED iN THE YARD AND SEEMED TO BE IN AN INOPERABLE CONDITION. A LETTER WAS SENT 4/29/91 GIVING 30 DAYS TO REMOVE. RECHECK DATE WAS 5130191. 5131191 NOT REMOVED. NOTICE OF HEARING WAS DELIVERED CERTIFIED HAIL ON 6/5/91. THE CITY'S RECOHHENDATION IS THAT THEY BE FOUND IN VIOLATION AND GIVEN 10 DAYS TO COMPLY FROM DATE OF RECEIPT OF ORDER. IF NOT. A FINE BE IHPOSED WHICH WILL BE LEFT AT THE DISCRETION OF THE BOARD WHAT AN APPROPRIATE FINE WiLL BE. A MOTION WAS MADE BY HR. TOZZOLO, SECONDED BY MR. METCALF IN REFERENCE TO CASE# 91-5197. INVOLVING CHARLES & JUANITA LATIHER THAT THE BOARD MAKE THE FOLLOWING DETERMINATIONS~ THEY DID IN FACT PARK THEIR BROWN PLYMOUTH THAT APPEARS TO BE JUNK AND DID NOT HOVE IT. IN VIOLATION OF SECTION 12-31. THE VIOLATION DID OCCUR AND THE ALLEGED VIOLATOR COMHITTED THE VIOLATION. AN ORDER OF ENFORCEMENT IS WARRANTED. A FLAT FINE OF $1OO.00 SHALL BE IMPOSED AND GIVEN 10 DAYS FROM RECEIPT OF ORDER TO COHPLY OR A FINE OF Sl00.00 PER DAY WILL RUN. ROLL CALL, HR. MELCALF HR. TOZZOLO MR. NICOLINI VICE CHAIRMAN FISCHER MR. GILLIAMS YES YES YES YES YES CARRIED. BOA~ ~ORNEY REOUEST~ AND REPORTS, NONE BUILDING OFFICIAL~.u~ HATTERSs NONE G~ALDISCUSSIONz NONE PUBLIC INPUTs NONE ADJOURNs A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY HR. GILLIAMS TO ADJOURN THE MEETING AT 2,50 P.M. CARRIED. Minutes approved at the /7 1991 Meeting. Don~to D~rob~rt:i.s, Ch~:l.r~an aoard Secretary