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HomeMy WebLinkAbout08151990 CODE ENFORCEMENT BOARD REGULAR HEETING AUGUST 15~ 1990 - 2,0~ P.M~ MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2105 P.M. ROLL CALL, PRESENT, MRS. KOSTENBADER CHAIRMAN DEROBERTIS MR. NICOLiNi MR. TOZZOLO ATTORNEY LULICH EXCUSED: MR. DAMIAN GILLIAMS VICE CHAIRMAN FISCHER ALSO PRESENTs BRUCE COOPER. BUILDING OFFICIAL, ROBERT NICHOLSON. CODE ENFORCEMENT OFFICER PATRICK ANDERSON. CITY ATTORNEY'S OFFICE APPROVAL 0__~ MINUTES, BRUCE COOPER STATED THAT THE FOLLOWING SENTENCE UNDER BUILDING OFFICIAL MATTERS BE DELETED FROM THE MINUTES SINCE IT WAS NOT STATED, THE SEWER COMPANY WAS PERMITTED BY CITY COUNCIL TO HAVE A CONSTRUCTION SITE ON MAIN STREET. ADD THE FOLLOWING, THE NORTH COUNTY SEWER PROJECT WAS APPROVED BY CITY COUNCIL. MOTION WAS MADE BY MR. TOZZOLO AND SECONDED BY MR. NICOLINI TO APPROVE THE MINUTES OF MEETING HELD ON JULY 19. 1990 AS CORRECTED BY MR. COOPER. CARRIED. ATTORNEY'S MATTERSi NONE OLD BUSINESS~ STEVE PHILLIPSON CASE# 90-3471 A LIEN OF $250.00 WAS RECORDED BY THE BOARD ATTORNEY ON AUGUST 7, 1990. CODE. ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 15. 1990 CONTINUE OLD BUSINESS, PAGE 2 JAMES WADSWORTH CASE# 90-3617 ROBERT NICHOLSON STATED THE VEHICLE HAD NOT BEEN REMOVED YET. MR. WADSWORTH'S EXTENSION TO COMPLY WILL BE UNTIL THE 19TH OF AUGUST, 1990. NEW B. USINESS~ ROBERT CLINEMAN (BOB'S GARAGE) CASE# 90-3915 ATTORNEY LULICH READ THE VIOLATION SECTION 12-30 AND 20A-12.2 TO MR. CLINEMAN. THE BOARD ATTORNEY SWORE IN MR. CLINEMAN, ROBERT NICHOLSON, BRUCE COOPER. ATTORNEY PATRICK ANDERSON, CITY ATTORNEY'S OFFICE, QUESTIONED MR. NICHOLSON, CODE ENFORCEMENT OFFICER. THE ALLEGED VIOLATION WAS 12-30 AS DESCRIBED BY THE BOARD ATTORNEY. THE ORIGINAL VIOLATION WAS 2/9/90. A LETTER WAS SENT AT THAT TIME. HE CAME INTO COMPLIANCE. THE CURRENT VIOLATION OF JUNE 25, 1990 WAS AUTOMOBILE ENGINES, PARTS, MISCELLANEOUS PARTS. AFTER TALKING TO MR. CLINEMAN, IT WAS MR. NiCHOLSON'S UNDERSTANDING THAT HE WOULD MOVE THE JUNK AND COME INTO COMPLIANCE BUT HOWEVER, AFTER A CHECK ON JULY 18, 1990 THE JUNK WAS NOT REMOVED. THEREFORE, A NOTICE OF HEARING WAS SENT TO BOB'S GARAGE TO APPEAR BEFORE THIS BOARD. PHOTO'S WERE GIVEN TO THE BOARD FOR REVIEW. THE MOST RECENT REINSPECTION WAS AUGUST 14, 1990 AND ANOTHER REINSPECTION AUGUST 15, 1990. THERE IS STILL JUNK iN THE REAR AND ON THE SIDE. MR. ROBERT CLINEMAN GAVE HIS TESTIMONY. WHEN MR. CLINEMAN SPOKE TO' MR. NICHOLSON HE POINTED OUT CERTAIN ITEMS THAT SHOULD BE REMOVED.. MR. CLINEMAN THOUGHT HE HAD REMOVED THEM BUT AFTER TALKING TO MR. NICHOLSON HE HAD NOT. AFTER A BRIEF RECESS A RECOMMENDATION WAS MADE BY MR. COOPER TO FIND MR. CLINEMAN IN VIOLATION OF SECTION 12-30 AND GIVE A REASONABLE TiME (5 DAYS) TO REMOVE THE JUNK. IF IT IS NOT MOVED WITHIN THAT TIME, A $50.00 PER DAY VIOLATION SHOULD BE IMPOSED. IF HE COMES BACK TO THE BOARD A SECOND TIME, HE COULD BE SUBJECT TO FINES UP TO $500.00 PER DAY. ~ODE ENFORCEMENT ~OARD - REGULAR MEETING ~ AUGUST 1_~ A990 PAGE 3 AFTER A BRIEF DISCUSSION A MOTION WAS MADE BY MR. TOZZOLO AND SECONDED BY MR. NICOLINI WITH REFERENCE TO CASE #90-3915 INVOLVING MR. ROBERT CLINEMAN THAT THE BOARD MAKE THE FOLLOWING DETERMINATION, A) FINDINGS OF FACT~ ACCORDING TO SECTION 12-31 MR. ROBERT CLINEMAN COMMITTED THE VIOLATION. THE BOARD FINDS THE FACT THAT THERE ARE AUTO PARTS STORED ON THE SIDE AND REAR OF THE BUILDING. 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 BY 5 DAYS, A FINE OF $50.00 PER DAY SHALL BE IMPOSED. CARRIED. A MOTION WAS MADE BY MR. TOZZOLO AND SECONDED BY MRS. KOSTENBADER TO ACCEPT MR. GEORGE METCALF'S APPLICATION FOR ENGINEERING POSITION ON THE CODE ENFORCEMENT BOARD. CARRIED. THE BOARD ATTORNEY REQUESTED THAT THE INSPECTOR BE CAREFUL WHAT SECTION OF THE CODE IS SITED. IF THE WRONG SECTION IS SITED, THE ALLEGED VIOLATOR DOES NOT KNOW WHAT VIOLATION HE HAS ACTUALLY COMMITTED. IF HE HAD AN ATTORNEY WHO WOULD COME BEFORE YOU AND SAY THAT THIS SHOULD BE DISMISSED BASED UPON, THE BOARD ATTORNEY WOULD ADVISE YOU TO DISMISS IT. SOME ATTORNEY'S WILL SAY THAT IT CAN BE AMENDED AT THE TIME OF HEARING. iF THE ALLEGED VIOLATOR ADMITS THAT HE HAS COMMITTED A VIOLATION SUCH AS JUNK VEHICLES, IT IS NOT THAT IMPORTANT WHAT THE SECTION SAYS OR NOT. BUT, IF HE CONTEST IT AND SAYS HE IS NOT IN VIOLATION OR THAT IT WAS THE WRONG STATUTES STATED, THE BOARD WOULD HAVE TO DISMISS THE CASE. THE CASE COULD BE BROUGHT BEFORE THE BOARD AGAIN. CODE EN~,~RCEMENT BOARD - REGULAR ~EETING - AUGUST 15~, 1990 PAGE 4 ATTORNEY LULICH ASKED ABOUT THE RAZZANO AND WALSH LIENS LISTED. MR. COOPER STATED THAT THE RAZZANO LIEN WAS AN ONGOING ONE UNTIL IT WAS RECORDED AND BASED ON THE DETERMINATION THAT YOU JUST CANNOT HAVE AN ONGOING FINE RECORDED. THERE WAS A SPECIFIC AMOUNT BUT THE PROBLEM IS THAT IT WENT THROUGH SOME KIND OF DEFAULT AND SINCE BEEN THROUGH THE COURTS AND A CERTIFICATE OF SALE HAS BASICALLY BEEN ISSUED TO A NEW OWNER WHICH LEFT US WITH NOTHING. THE FORECLOSURE OF THE PROPERTY HAS WIPED OUT THE LIEN. MR. COOPER SAID THIS HATTER SHOULD BE BROUGHT UP AT OUR NEXT MEETING BY ASSISTANT CITY ATTORNEY RICHARD TORPY. ATTORNEY LULICH REQUESTED A COPY OF THE WALSH FINE TO REVIEW iT IN ORDER TO TELL THE BOARD IF THEY NEED TO MAKE A DETERMINATION AS TO SETTING A SPECIFIC FiNE FOR THE RECORD. BUILDING ~FFiCIAL MATTERS~ NONE GENERAL DISCUSSION,,,~,, NONE PUBLIC INPUTs NONE MOTION WAS HADE BY MR. TOZZOLO AND SECONDED BY MRS. KOSTENBADER TO ADJOURN THE MEETING AT 2s45. CARRIED. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407'589.5570 ~ RIVER COUNTy THE CODE ENFORCEHENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTy. FLORIDA, WILL HOLD THEIR REGULAR HEETING ON WEDNESDAY, AUGUST 15 [990 AT 2~OO P H. IN THE CITY COUNCIL CHAHBERS. ' · G. KUBEs, SECRETARY CODE ENFORCEMENT BOARD NOTE, IF ANY PERSON DECIDES TO APPEAL ANY DECISION HAD THE ABOVE MATTERS. HE/SHE #XLL NEED A REeO E ON PROCEEDINGS. AND FOR SUCH p ....... RD OF ?HE THAT A VERBATIM RECORD "- _~fu~SS, HE/SHE MAY NEE RECORD INCnun- .... ur Tn~ PROCEEDTa~- -- D TO ENSURE IS B .... o~ THE TESTIMONY I ..... ~ ~ MADE, WHICH ASED. N EVIDENCE ON WHICH THE APPEAL City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SEBASTIAN CODE. ENFORCEMENT BOARD REGULAR MEETING AUGUST 15. 1990 - 2=00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS~ OLD BUSINESS~ NEW BUSINESS~ AGENDA REGULAR MEETING OF JULY 19, 1990 LIEN (STEVE PHILLIPSON) CASE# 90-3471 JAMES WADSWORTH CASE# 90-3617 ROBERT CLINEMAN (BOB'S GARAGE) CASE# 90-3915 REVIEW APPLICATION & RECOMMEND GEORGE METCALF FOR THE ENGINEER POSTION ON THE CODE ENFORCEMENT BOARD BOARD ATTORNEY REQUESTS AND REPORTS~ BUILDING OFFICIAL'S MATTERS~ GENERAL DISCUSSIONs 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.