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HomeMy WebLinkAbout06201990 CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 20~ 1990 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:00 P.M. ROLL CALL: PRESENT: MRS. KOSTENBADER VICE CHAIRMAN FISCHER MR. GiLLIAMS CHAIRMAN DEROBERTIS ATTORNEY LULICH EXCUSED: 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 VICE CHAIRMAN FISCHER TO APPROVE THE MINUTES OF MEETING HELD ON MAY 16, 1990. CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: STEVE PHILLIPSON CASE# 90-3471 MR. ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER STATED TO THE BOARD MEMBERS THAT MR. PHILLIPSON DID CORRECT THE VIOLATION IMMEDIATELY BUT A FLAT FINE OF $250.00 STILL REMAINS UNPAID. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY VICE CHAIRMAN FISCHER IN REFERENCE TO CASE# 90-3471 iNVOLVING MR. STEVE PHILLIPSON THAT ANOTHER NOTICE OF THE FLAT FINE OF $250.00 BE SENT CERTIFIED MAIL. IF MR. PHILLIPSON DOES NOT PAY FINE WITHIN 30 DAYS, A LIEN SHOULD BE PLACED ON HIS PROPERTY. CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - JUNE 20, 1990 CASE# 90-3617 PAGE 2 NEW BUSINESS: JAMES WADSWORTH CASE# 90-3617 ATTORNEY LULICH SWORE IN ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER AND MR. JAMES WADSWORTH. ASSISTANT CITY ATTORNEY RICHARD TORPY QUESTIONED MR. NICHOLSON CONCERNING MR. WADSWORTH. ON APRIL 19, 1990 MR. NICHOLSON INFORMED MR. WADSWORTH'S SON, TOM, ABOUT THE ALLEGED VIOLATION OF THE SWAMP BUGGY. APRIL 20, 1990 A CERTIFIED VIOLATION LETTER (SECTIONS 12-30 & 12-31 OF THE CODE OF ORDINANCE) WAS SENT TO MR. WADSWORTH GIVING HIM 30 DAYS TO COMPLY. MAY 25, 1990 MR. NICHOLSON TALKED TO MRS. WADSWORTH & SHE SAID SHE WOULD TELL HER HUSBAND TO CONTACT HIM IN THE EVENING. MR. NICHOLSON GAVE HIS HOME PHONE NUMBER. RECEIVED NO WORD. MAY 29TH THE BUILDING OFFICIAL LEFT WORD AT MR. WADSWORTH'S RESIDENCE TO CONTACT THE CODE ENFORCEMENT OFFICE BY 5/30/90. NO CONTACT WAS MADE THEREFORE, THIS CASE WAS FORWARDED TO THE CODE ENFORCEMENT BOARD. A NOTICE OF VIOLATION HEARING WAS DELIVERED TO MR. WADSWORTH ON JUNE 4, 1990 BY A.S.A.P. DELIVERY SERVICE. AS OF 12:45, JUNE 20, 1990 THE ALLEGED VIOLATION STILL EXISTED. PHOTO'S WERE GIVEN TO THE BOARD FOR REVIEW. MR. JAMES WADSWORTH GAVE HIS STATEMENT CONCERNING THIS CASE. MR. WADSWORTH WORKS OUT OF W. PALM BEACH. HE DOES NOT GET HOME UNTIL LATE. HE SHOWED PICTURES OF HIS PROPERTY AND THE LOCATION OF THE SWAMP BUGGY TO THE BOARD MEMBERS FOR THEIR REVIEW. MR. WADSWORTH BROUGHT UP SEVERAL OTHER VIOLATIONS IN THE CITY THAT HE STATES HAVE NEVER BEEN PURSUED SUCH AS MOWING OF ROGER SKILLMAN'S PROPERTY ON MAIN STREET, SIGN ON US#1 (FROSTY PELICAN), INDUSTRIAL USE BUILDING ON MAIN STREET. HE THINKS IT IS UNFAIR AND THE CODE SHOULD BE FOR EVERYONE TO FOLLOW. RICHARD TORPY, ASSISTANT CITY ATTORNEY, MADE A RECOMMENDATION THAT THE BOARD TAKE ACTION ON THIS ALLEGED VIOLATION AND GiVE 30 DAYS FOR MR. WADSWORTH TO COMPLY. IN RESPECT TO COMPLAINTS OF MR. WADSWORTH AS TO WHETHER OR NOT ENFORCEMENT IS MADE UNIFORMLY THROUGHOUT THE CITY THAT COULD BE ADDRESSED TO THE BOARD IN PUBLIC INPUT LATER IN THIS MEETING. CODE ENFORCEMENT BOARD - REGULAR MEETING - JUNE 20, 1990 CASE# 90-3617 PAGE 3 A MOTION WAS MADE BY MR. GILLiAMS, SECONDED BY MRS. KOSTENBADER IN REFERENCE TO CASE# 90-3617 INVOLVING MR. JAMES WADSWORTH THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. JAMES WADSWORTH IS IN VIOLATION OF SECTION 12-30 & 12-31 OF THE CODE OF ORDINANCE (SWAMP BUGGY- NOT OPERABLE - JUNK). B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) IF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WITH IN 30 DAYS, THE VIOLATOR SHOULD COME BEFORE THE BOARD AGAIN AND THE CASE CAN BE REVIEWED. NO FINE IMPOSED. CARRIED. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY VICE CHAIRMAN FISCHER TO ACCEPT MR. LARRY VICKERS RESIGNATION FROM THE CODE ENFORCEMENT BOARD. CARRIED. A MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY VICE CHAIRMAN FISCHER TO RECO~END TO CITY COUNCIL APPOINTMENT OF WAYNE TOZZOLO, (BUSINESSMAN POSITION) TERM EXPIRING 3/91, CHARLES J. VENEZIANO (ENGINEER POSITION) TERM EXPIRING 6/93, AND LOUIS W. NICOLINI (GENERAL CONTRACTOR) TERM EXPIRING 6/93. CARRIED. BOARD ATTORNEY REQUESTS AND REPORTS: ATTORNEY LULICH READ TO THE BOARD SECTION 7.208 CLERK & OTHER BOARD EMPLOYEES "THE MAYOR SHALL APPOINT A CITY EMPLOYEE TO BE THE BOARD CLERK WHO SHALL PERFORM THE FUNCTIONS ASSIGNED CODE ENFORCEMENT BOARD - REGULAR MEETING - JUNE 20, 1990 CASE# 90-3617 PAGE 4 TO THE CLERK AS SET FORTH IN THIS DIVISION. FOR THE PURPOSE OF ADMINISTERING THIS DIVISION THE BOARD MAY CALL UPON THE MAYOR TO FURNISH SUCH OTHER CITY EMPLOYEES AS BE NECESSARY TO CARRY ON OR ASSIST THE BOARD IN PERFORMING ITS DUTIES." AS WAY OF INTERPRETATION, OTHER EMPLOYEES WOULD BE CODE ENFORCEMENT BOARD OFFICERS. THE BOARD HAS A DUTY TO ENFORCE THE CODES AND STAFF IS TO ASSIST THE BOARD. BUILDING OFFICIAL MATTERS: GENERAL DISCUSSION: NONE NONE PUBLIC INPUT: MR. WADSWORTH SAID THAT HE HAD MENTIONED COMPLIANTS TO MR. ROBERT NICHOLSON AND TO MR. BRUCE COOPER AND NOTHING HAS BEEN DONE. (THE BUILDING ACROSS FROM CITY HALL FOR INDUSTRIAL USE (SEWER CONSTRUCTION CO.), ROGER SKILLMAN'S PROPERTY ON MAIN STREET, FROSTY PELICAN SIGN ON U.S.#i AND NUMEROUS JUNK VIOLATIONS ON ROSELAND ROAD.) MR. WADSWORTH IS CLAIMING DESCRIMINATION. HE HAS MADE 2 COMPLAINTS ABOUT ROGER SKILLMAN'S PROPERTY ON MAIN STREET AND NOTHING HAS BEEN DONE. MR. GILLIAMS STATED HE WOULD LIKE TO BE UPDATED ON SKILLMAN'S PROPERTY AND THE INDUSTRIAL BUILDING ON MAIN STREET. MR. WADSWORTH ASKED FOR A COMPLETE INVESTIGATION OF COMPLIANTS. HE WILL ATTEND THE NEXT MEETING. MR. WADSWORTH MADE A FORMAL COMPLAINT TO CODE ENFORCEMENT BOARD AND THE BUILDING DEPARTMENT ON VIOLATIONS HE SO STATED AND WILL BE CAREFULLY LOOKING AT THESE TO SEE WHAT HAS HAPPENED WITHIN 30 DAYS OR HE WILL STATE THERE IS DISCRIMINATION IN SEBASTIAN. MR. FULLERTON BROUGHT UP BOB'S GARAGE ON U.S.#1. JUNK IS STILL THERE. MR. FULLERTON IS'INTERESTED IN COMMERCIAL AREAS. THE CITY SHOULD HAVE A PLAN TO CLEAN UP EVERY STREET. MR. NICHOLSON STATED THAT BOB'S GARAGE CAME iNTO COMPLIANCE. HE HAS A LICENSE AND THE CASE IS NOW CLOSED. ATTORNEY LULICH SUGGESTED THAT THE FILE ON BOB'S GARAGE BE ADDED TO THE OTHERS TO BE REVIEWED BY BOARD MEMBERS. CODE ENFORCEMENT BOARD - REGULAR MEETING - JUNE 20, 1990 CASE# 90-3617 PAGE 5 CHAIRMAN DEROBERTIS REQUESTED THAT MR. COOPER BE PRESENT AT NEXT MEETING. ATTORNEY LULICH STATED THAT WHILE WE ARE ON PROCEDURES, IT IS IN THE STATUTES ANY LIENS THAT WE HAVE RECORDED SHOULD BE ACTED UPON WITHIN TWO (2) YEARS TO FORECLOSE. AT ONE TIME, STAFF WAS TAKING CARE OF MAINTAINING A LIST OF THOSE LIENS. IT SHOULD BE LOOKED INTO. CHAIRMAN DEROBERTIS RECOMMENDED THAT THE BOARD ATTORNEY CLARIFIES BOARD'S ROLL RELATIONSHIP TO STAFF. ATTORNEY LULiCH WILL HAVE CONFERENCE WITH ASSISTANT CITY ATTORNEY TO REVIEW STATUTES AND CODES. ADJOURN: A MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY MR. GILLIAMS TO ADJOURN THE MEETING AT 3:40 P.M. 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 Fl, OR i DA THE CODE ENFORC'EMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, JUNE 20, 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 WILI, NEED A RECORD O5' 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 ils BASED. City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 20, 1990 - 2:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: AGENDA REGULAR MEETING OF MAY 16, 1990 STEVE PHILLIPSON CASE# 90-3471 NEW BUSINESS: JAMES WADSWORTH CASE# 90-3617 REVIEW AND RECOMMENDATION OF BOARD APPLICANTS TO CiTY COUNCIL 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.