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HomeMy WebLinkAbout07171991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17. 1991 - 2~00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS, OL__D BUSINESS, NE__W BUSINESS= REGULAR MEETING OF JUNE 19. 1991 CASE# 91-4999, DANIEL MCCUSKER CASE# 91-5027, JOHN BAGBY (TENANT) ROSS CALVIN (OWNER) CASE# 91-5316, WILLIAH BARBER CASE# 91-5411, HICHAEL WADE CASE# 91-5241, MICHAEL WADE BOARD ATTORNEY REQUESTS AND REPORTS~ BUILDING OFFICIAL'S MATTERSt 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 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CITY OF ~EBASTI.~N t225 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, JULY 17, 1991 AT 2,00 P.M. IN THE CITY COUNCIL CHAMBERS. G. KUBES, SECRETARY SEBASTIAN CODE ENFORCEMENT BOARD NOTEt 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 JULY 17~ 1991 - 2,00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DBROBERTIS AT 2:00 P.M. ROLL CALL: PRESENT~ MRS. KOSTBNBADBR MR. TOZZOLO CHAIRMAN DBROBERTIS MR. NICOLINI MR. GILLIAMS ATTORNEY LULICH EXCUSED: VICE CHAIRMAN FISCHER ASSISTANT CITY ATTORNEY TORPY NOT PRESENT, MR. METCALF ALSO PRESENT: ROBERT NICHOLSON. CODE ENFORCEMENT OFFICER; BRUCE COOPER, BUILDING OFFICIAL APPROVAL OF MINUTES: MOTION WAS MADE BY MR. GILLIAMS. SECONDED BY HR. TOZZOLO TO APPROVE THE MINUTES OF THE MEETING HELD JUNE 19, 1991. CARRIED. ATTORNEY'S HATTERS~ NONE OLD BUSINESS: CASE# 91-5027 JOHN BAGBY ROSS CALVIN ATTORNEY LULICH SWORE iN ROBERT NICHOLSON. BRUCE COOPER AND ATTORNEY BURNEY CARTER (MR. CALVIN'S ATTORNEY). MR. BAGBY AND MR. CALVIN WERE NOT PRESENT. MR. NICHOLSON STATED HE HAS AN AFFIDAVIT OF COMPLIANCE WHICH HE HAS SIGNED AND DATED AND NOTARIZED FOR JUNE 24. 1991. THE BOARD ATTORNEY REVIEWED THE CASE FOR THE BOARD MEMBERS. THERE WAS AN ORDER SIGNED BY THE CHAIRMAN ON MAY 15. 1991 WHICH FOUND THAT JUNK WAS PRESENT ON THE PREMISES AND THAT THERE WAS A VIOLATION OF SECTION 31. CHAPTER 12 OF THE CODE OF ORDINANCE OF THE CITY OF SEBASTIAN. BASED UPON THE CODE. ENFORCEMENT BOARD - REGULAR MEETING - JULY ~ 1991 PAGE 2 FINDINGS OF FACT AND CONCLUSION OF LAW THAT THE RESPONDENTS JOINTLY AND SEVERALLY JOHN BAGBY WHICH IS THE TENANT AND ROSS AND BERNITA CALVIN WHICH ARE THE OWNERS WERE FINED $100.00 AND THAT THE PROPERTY SHOULD BE IN COMPLIANCE BY JUNE 1~ 1991 OR A FINE OF $2§0.00 PER DAY WOULD BE IMPOSED. ATTORNEY BURNEY CARTER SPOKE ON MR. CALVIN'S BEHALF. HE STATED THAT THE PRIMARY RESPONSIBILITY TO CLEAN THE PREMISES UP WAS PLACED UPON THE TENANT WHO HAD CREATED THE SITUATION BUT THAT MR. CALVIN WAS GOING TO HAVE TO GET RID OF THE TENANTS IF THE TENANT DID NOT CLEAN UP THE PREMISES. IF THERE WAS A GOOD FAITH SHOWING TO THIS BOARD THAT MR. CALVIN MOVED FORWARD QUICKLY IN DOING THAT, THERE WOULD NOT BE AN ADDITIONAL FINE ACCESSED AGAINST HIM INDIVIDUALLY. AFTER RECEIVING THE ORDER, MR. CALVIN WENT TO MR. CARTER. ON MAY 25, 1991 MR. CARTER GAVE MR. BAGBY A 7 DAY NOTICE TO BRING THE VIOLATION INTO COMPLIANCE. SINCE MR. BAGBY DID NOT COMPLY, MR. CARTER STARTED EVICTION PROCEEDINGS. THE JUDGE GAVE THE 14TH OF JUNE TO THE TENANT TO VACANT. THE TENANT HAD REMOVED SOME OF THE LARGER ITEMS FROM THE PREMISES AT THAT TIME BUT STILL THERE WAS SOME CLEAN UP TO BE DONE WHICH MR. CALVIN FINISHED UP. BASICALLY, MR. CALVIN PROCEEDED AS QUICKLY AS HE COULD UNDER THE LIMITATIONS OF LAW BECAUSE TENANTS HAVE CERTAIN RIGHTS UNDER THE STATUTES THAT SOMETIMES WORK A HARDSHIP ON THE LANDLORDS IN TERMS OF REMOVING THEM WHEN THEY DON'T PAY RENT OR WHEN THEY ARE IN VIOLATION OF THE LAW. BRUCE COOPER STATED AS FAR AS STAFF IS CONCERNED MR. CALVIN HAS COMPLIED WITH THE INTENT OF THE ORDER. STAFF RECOMMENDS THAT NO FINE SHALL BE IMPOSED AGAINST MR. CALVIN. STAFF RECOMMENDS NOT TO CERTIFY THE $100.00 FINE. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. TOZZOLO IN REFERENCE TO CASE 91-5027 INVOLVING JOHN BAGBY AND ROSS CALVIN THAT THE BOARD MAKE THE FOLLOWING DETERMINATIONS. THE FINE OF $100.00 THAT WAS LEVIED IN THE PAST AGAINST BOTH INDIVIDUALS ON THE RECOMMENDATION OF THE CITY OF SEBASTIAN THAT IT BE NOT CERTIFIED AND JUST LEFT IN THE FILE AS IS. MR. GILLIAMS WITHDREW HIS MOTION. SECOND TO THE MOTION. MR. TOZZOLO WITHDREW HIS A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. NICOLINI IN REFERENCE TO CASE # 91-5027 INVOLVING JOHN BAGBY AND ROSS CODE ENFORCEMENT BOARD - REGULAR M_~TING - JULy ~ 1991 PAGE 3 CALVIN THAT THE BOARD MAKE THE FOLLOWING DETERMINATIONS THAT IN REFERENCE TO THE $100.OO FINE THAT IT BE CERTIFIED AND THAT THE $250.00 FINE NOT EXIST AGAINST EITHER PARTY (MR. CALVIN AND MR. BAGBY). CARRIED. CASE# 91-4999 DANIEL MCCUSKER MR. NICHOLSON STATED THAT THIS CASE IS NOT IN COMPLIANCE. THE BOARD WAS CONCERNED WHETHER HE WAS SERVED PERSONALLY. WAS SERVED AGAIN ON JULY 9, 1991 AT HIS RESIDENCE OF 222 MENSH AVENUE, SEBASTIAN. MR. MCCUSKER HAS GIVEN UP HIS OFFICE. THERE HAS BEEN NO RESPONSE FROM MR. MCCUSKER TO EITHER MR. NICHOLSON OR THE BOARD SECRETARY. HE MARCH 6, 1991 MR. NICHOLSON RECEIVED A COMPLAINT FROM THE CITY CLERK THAT DANIEL A. MCCUSKER FAILED TO RENEW HIS OCCUPATION LICENSE. THE FIRST ATTEMPTS TO CONTACT WERE ON 3/6/91 BY LEAVING MESSAGE AT OFFICE, AGAIN ON 3/14/91. ON APRIL 1, 1991 A LETTER WAS SENT. ON 4/8/91 MR. MCCUSKER CALLED AND STATED HE WOULD BE IN TO APPLY. APRIL 13, 1991 A RECHECK HAD BEEN MADE AND STILL NOT LICENSED. AS OF APRIL 16, 1991 STILL HAS NOT COMPLIED. THE BOARD LEVIED A FINE OF $100.OO PLUS $50.00 PER DAY. SOMETHING CAME UP ABOUT BEING PERSONALLY SERVED. HE WAS NOT PERSONALLY SERVED, AS MRS. POWOW WHO MANAGES THE OFFICE UP THERE RECEIVES ALL MAIL AND SIGNS FOR ALL TENANTS OF THE OFFICE. MR. MCCUSKER WAS SERVED AT HIS RESIDENCE ON JULY 9, 1991. HE IS STILL IN NON- COMPLIANCE. TABLED UNTIL NEXT MEETING SINCE HE WAS ONLY SERVED PERSONALLY WITH THE ORDER AND NOT THE NOTICE OF HEARING. NEW BU$INESS~ CASE# 91-5316 WILLIAM BARBER ATTORNEY LULICH SWORE IN MR. BARBER. ATTORNEY LULICH STATED FOR THE RECORD THAT HE DOES HAVE BUSINESS INTEREST WITH MR. BARBER. HE WANTED TO DISCLOSE THAT FOR THE BOARD. CODE ENFORCEMENT BOARD - REGULAR MEETING - JULY 17. 1991 PAGE 4 MR. COOPER QUESTIONED MR. NICHOLSON CONCERNING THIS CASE. ON MAY 22, 1991 AT 1OO1 GENESSEE AVENUE, IT WAS NOTED THAT THERE WAS A COMMERCIAL TRAILER WHICH IS SEBASTIAN SAFARI'S WITH CANOES PARKED AT THE RESIDENCE. ON MAY 23, 1991 A LETTER WAS SENT TO MR. BARBER INFORMING HIM THAT HE WAS IN VIOLATION OF THE LAND DEVELOPMENT CODE SECTION 2OA-5.16(C)(4). THAT LETTER WAS NOT ACKNOWLEDGED. ANOTHER LETTER WAS MAILED TO HIS OFFICE ON JUNE 11, 1991. ON JUNE 17, 1991 A REINSPECTiON OF THE PROPERTY WAS FOUND IN NON-COMPLIANCE AND WAS FORWARDED TO THE CODE ENFORCEMENT BOARD. PHOTO'S GIVEN TO BOARD FOR REVIEW. THE VIOLATION HAS BEEN CORRECTED. MR. BARBER TESTIFIED THAT HE HAS NOT OWNED SEBASTIAN SAFARI'S SINCE NOVEMBER 1990 BECAUSE HE SOLD THE BUSINESS TO HIS WIFE. HE WAS ALSO ON VACATION FROM APPROXIMATELY MAY 21, 1991 THROUGH JUNE 4, 1991. HE KNEW THE CANOES HAD TO BE MOVED BUT DID NOT RECEIVE A LETTER FROM MR. NICHOLSON YET. HE PUT THE CANOES BEHIND HIS HOUSE UNTIL HE CAME BACK FROM VACATION AND WOULD THEN FIND A PLACE TO STORE THEM. ON JUNE 6, 1991 MR. BARBER MOVED THE CANOES TO MASTER MARINE. MR. BARBER STATED THE BUSINESS WAS DISOLVED JANUARY 1, 1991 AND IS FOR SALE. MR. BARBER WAS NOT SERVED WITH THE NOTICE BUT THE INTENT WAS THERE. TO ENSURE THAT WE HAD PROPER DUE NOTICE GIVEN, STAFF WOULD NOT WANT TO GO FURTHER WITH THIS AT THIS TIME. ON JUNE 12, 1991 JUNE ANDERSON (MR. BARBER'S SECRETARY) RECEIVED THE NOTICE AND MR. BARBER INDICATED THE CANOES WERE MOVED. MR. COOPER STATED THAT STAFF WILL HAVE TO BE MORE STRICT ON OUR COMPLIANCE CHECKS. CASE# 91-5241 MICHAEL WADE MR. NICHOLSON STATED THAT THE ORIGINAL COMPLAINT WAS 5/8/91 AT 962 CLEARMONT STREET AGAINST MICHAEL WADE WHO WAS A TENANT. HE HAD A LARGE TRUCK AND SHREDDER MACHINE ON THE PROPERTY IN VIOLATION OF 20A-5.16(C)(2) & 2OA-5.16.1(4). ON JUNE 13, 1991, HE WAS RUNNING A TREE AND LAWN BUSINESS FROM THAT RESIDENCE (EXPERT LAWN AND TREE SERVICE) IN VIOLATION OF THE CODE OF ORDINANCES SECTION 14.3(1) & THE LAND DEVELOPMENT CODE SECTION 20A-5.16(C)(2). HE WAS SERVED FOR BOTH VIOLATIONS. THE LETTERS WERE HAND DELIVERED BY MR. NICHOLSON. THE PHOTOS WERE GIVEN TO THE BOARD AS EVIDENCE. MR. WADE CALLED THE BOARD SECRETARY BEFORE NOON ON JULY 17TH AND STATED THAT THE EQUIPMENT HAD BEEN MOVED AND THAT THE OPERATION (PHONE #) HAS BEEN RELEASED. MR. NICHOLSON HAS NOT VERIFIED IT YET. COD___~ ENFORCEMENT BOARD - REGULAR ~ - U~ 7~ 1991 PAGE 5 STAFF WOULD RECOMMEND THAT THE BOARD FIND MR. WADE IN VIOLATION AND ALSO MAY ACCESS A FLAT FINE AND ALSO A RUNNING FINE UNTIL HE CAN COME IN AND SHOW US COMPLIANCE OF SUCH~ THAT THE TRUCK AND SHREDDER HAS BEEN MOVED AND VERIFICATION THAT HE IS OPERATING SOME WHERE ELSE LEGALLY AND NOT OUT OF HIS RESIDENCE. STAFF HAS BASICALLY PRESENTED THE FACTS ON BOTH CASES. THERE SHOULD BE SEPARATE MOTIONS SINCE THERE ARE TWO CASES. THE FIRST CASE WOULD BE 91-5241 DATED 5/8/91 WHICH IS THE LARGE TRUCK, TRAILER AND SHREDDER ON THE LOT IN VIOLATION OF SECTION 2OA-5.16(C)(2) & 20A-16.1(4). MR. COOPER ASKED MR. NICHOLSON IF AT THE TIME OF COMPLIANCE CHECK WERE THE VEHICLES STILL THERE. MR. NICHOLSON STATED THEY WERE. STAFF RECOMMENDED A FINE OF $100.00 AND IF DOES NOT COMPLY WITHIN 72 HOURS FROM THIS MEETING (JULY 17, 1991) THAT THERE WOULD BE A RUNNING FiNE OF $25.00 PER DAY. A MOTION WAS MADE BY MR. NICOLINi, SECONDED BY MR. TOZZOLO IN REFERENCE TO CASE # 91-5241 INVOLVING MR. MIKE WADE, THE VIOLATION DID OCCUR OF SECTION 2OA-5.16(C)(2) & 20A-5.16.1(B) A COMMERCIAL TRAILER ON THE PROPERTY AND MR. WADE DID CAUSE THE VIOLATION AND THAT THIS IS A FINDING OF FACT. BASED ON THIS FINDING, A FINE OF $100.OO BE ACCESSED ON MR. WADE AND THAT THE VEHICLE MUST BE REMOVED OR A FINE OF $25.00 PER DAY BE ACCESSED STARTING THE 19TH OF JULY iF THE VEHICLE IS NOT MOVED. CARRIED. CASE# 91-5411 MICHAEL WADE MR. MICHAEL WADE DID IN FACT OPERATE A BUSINESS AND HAS NOT SHOWN SUFFICIENT EVIDENCE TO STAFF THAT THE BUSINESS HAS BEEN RELOCATED OR HAS COMPLIED TO CITY REGULATIONS. STAFF RECOMMENDS $100.O0 FINE BE ACCESSED AND $50.00 PER DAY FINE BE ACCESSED IF AFTER JULY 19TH, IT CAN'T BE SHOWN THAT MR. WADE HAS APPLIED FOR HIS LICENSE OR HAS RELOCATED HIS OPERATION OUT OF THE CITY OF SEBASTIAN. THE BOARD ATTORNEY, MR. LULICH, STATED THAT WE COULD NOT GET AN ORDER DELIVERED BY JULY 19TH. MR. COOPER a MR. LULICH AGREED THAT THE TIME FRAME SHOULD BE 48 HOURS AFTER RECEIPT OF ORDER. COD__~E ENFORCEMENT BOARD - REGULAR MEETING - JUL~ 17, %991 PAGE 6 A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MRS. KOSTENBADER IN REFERENCE TO CASE# 91-5411 INVOLVING MICHAEL WADE THAT THE BOARD MAKE THE FOLLOWING DETERMINATIONS: THAT NO HOME OCCUPATIONAL LICENSE EXIST AND THAT HE IS IN VIOLATION OF SECTION 2OA-6.1(14). THE VIOLATION DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. AN ORDER OF ENFORCEMENT IS WARRANTED. THE ORDER OF ENFORCEMENT SHALL BE $100.00 FINE AND IF MR. WADE DOES NOT RELOCATE HIS BUSINESS OUT OF THE CITY OR MAKE APPLICATION FOR AN OCCUPATIONAL LICENSE WITHIN 48 HOURS AFTER RECEIPT OF ORDER, AN ADDITIONAL FiNE OF $50.00 BE LEVIED PER DAY IMMEDIATELY. CARRIED. AN AMENDED MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. TOZZOLO IN REFERENCE TO CASE# 91-5241 INVOLVING MICHAEL WADE THE DATE iS CHANGED FROM THE 19TH OF JULY TO 48 HOURS AFTER RECEIPT OF ORDER. CARRIED. BOARD ~.TORNEY REOUESTS AND REPORTS, THE BOARD ATTORNEY STATED THAT THE BOARD SHOULD SET A DATE WHERE THOSE FINES THAT ARE DONE BY ORDER WHICH ARE SET FINES SHOULD AUTOMATICALLY BE BROUGHT BACK TO THE BOARD SO THE SET FiNE CAN BE CERTIFIED. STAFF AND THE BOARD ATTORNEY STATED THAT 90 DAYS IS SUFFICIENT FOR A FLAT FINE. BUILDING OFFICIAL'S MATTERS.~.. NONE GENERAL DISCUSSION: MR. NICOLINI QUESTIONED HOW LONG DOES THE VIOLATOR HAVE TO PAY THE FINE AFTER THEY RECEIVE THE ORDER. THE BOARD ATTORNEY TRACKED IT FOR THE BOARD. ONCE THE ATTORNEY DOES AN ORDER AND IT IS SENT TO THEM, THE VIOLATOR CAN PAY AT ANY TIME. IT COMES BACK BEFORE THE BOARD IF A FINE IS NOT PAID. THE BOARD DOES HAVE PREVIOUS ORDERS THAT SHOULD COME BACK TO US. FOR THE MOST PART, THE BOARD ATTORNEY REQUEST THAT AN ORDER BE CERTIFIED OR NOT. WHEN THE BOARD ATTORNEY CERTIFIES A FINE, HE CREATES A LiEN WHICH IS RECORDED. THE LIEN WILL CODE ENFORCEMENT BOARD - REGULAR ME~TING - JULY 17, 1991 PAGE 7 STAY THERE UNLESS THE CiTY DECIDES TO FORECLOSE ON THE LIEN IN WHICH CASE IF IT IS HOMESTEAD PROPERTY. THEY CAN NOT DO THAT OR IF THE PROPERTY IS SOLD. AT THE TIME THE PROPERTY IS SOLD, THE LIEN IS THEN PAID. THE LIEN LAST FOR 20 YEARS AFTER IT IS RECORDED. THE LIEN HAS TO BE A SPECIFIC AMOUNT. THE BOARD ATTORNEY ALSO STATED IF WE ARE GIVING NOTICE TO THE PROPERTY OWNER, WE WANT TO MAKE SURE IT IS THE PROPERLY DEFINED PROPERTY OWNER BY LEGAL DESCRIPTION ON THE PUBLIC RECORD. MRS. KOSTENBADER ASKED WHEN DOES THE BOARD FIND OUT THAT A VIOLATOR IS NOT PAYING THEIR FINE. MR. COOPER STATED WE WILL WAIT A FEW MONTHS. IF THEY DO NOT CALL US OR COMPLY, WE WILL LET THE FINE RUN FOR A WHILE. STAFF IS EVENTUALLY GOING TO RUN A TICKLER FILE ON THE CODE ENFORCEMENT PROGRAM WE HAVE IN THE COMPUTER. WHEN THE BOARD FINES SOMEONE AGAIN, STAFF WiLL ADD IT TO THE LIST WE HAVE STARTED AND GIVE IT TO THE MEMBERS AT THE MEETING. PUBLIC INPUTI NONE ADJOURN: A MOTION WAS MADE BY MR. NICOLINI, S~CONDED BY MRS. KOSTENBADER TO ADJOURN THE MEETING AT 3130 P.M. CARRIED. Minutes approved at the ~ ~<~ , 1991 Meeting. Donato Derobertis, Chairman Board Secretary