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HomeMy WebLinkAbout08211991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21, 1991 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: REGULAR MEETING OF JULY 17, 1991 CASE# 91-5027, JOHN BAGBY, ROSS CALVIN CASE# 91-4999, DANIEL MCCUSKER CASE# 91-5469, JOHN BAGBY INGRID K. BUEHLER (OWNER OF PROPERTY) BOARD ATTORNEY RBOUESTS 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 CITY O~~ Z2~S .AIN STREET INDIAN RIVER ~ FLORIDA THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY, AUGUST 21, 1991 AT 2~OO P.M. IN THE CITY COUNCIL CHAMBERS. G. KUBES, SECRETARY SEBASTIAN CODE ENFORCEMENT BOARD NOTE8 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 AUGUST ~ 1991 - 2:00 P.M. MBBTING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:00 P.M. ROLL CALL: PRESENT, MR NICOLINI CHAIRMAN DEROBBRTIS MR. TOZZOLO MRS. KOSTENBADER MR. GILLIAMS ATTORNEY LULICH EXCUSED, VICE CHAIRMAN FISCHER ASSISTANT CITY ATTORNEY TORPY MR. METCALF WAS LATE ALSO PRBSENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICBR~ BRUCE COOPER, BUILDING OFFICIAL APPROVAL OF MINUTES: MOTION WAS MADE BY MR. NICOLINi, SECONDED BY MRS. KOSTENBADBR TO APPROVE THE MINUTES OF THE MEETING HELD JULY 17, 1991. CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: ATTORNEY LULICH SWORE IN ROBERT NICHOLSON, BRUCE COOPER AND MR. DANIBL A. MCCUSKER. CASE# 91-5027 JOHN BAGBY ROSS CALVIN MR. BAGBY AND MR, CALVIN WERE NOT PRESENT, BRUCE COOPER STATED THAT MR. CALVIN WAS SUPPOSE TO BE PRESENT CONCERNING THIS. HE WAS CONCERNED ABOUT BEING IN SAME ROOM WITH MR. BAGBY. MR. COOPER HAD TALKED TO MR. CALVIN. HE WAS CONCERNED ABOUT THE $100.00 FINE AND A POSSIBLE LIEN ON HIS PROPERTY. BRUCE SUGGESTED THAT MAY BE HE COULD COME BACK TO THE BOARD. CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 21, 1991 PAGE 2 ATTORNEY LULICH STATED THERE WAS AN ORDER FINDING OF FACT AND CONCLUSION OF LAW IN SETTING A FINE. HE HAD PREPARED AN ORDER IMPOSING ADMINISTRATIVE FINE AND LIEN. THAT ORDER WAS NOT SIGNED PENDING DISCUSSION HERE TODAY. WHAT THAT ORDER WOULD DO WHEN SIGNED AND RECORDED IS PLACE A LIEN ON THE PROPERTY. AT THIS TIME, SINCE IT IS NOT RECORDED NOR SIGNED, THERE IS AN EXISTING ORDER BUT NO CERTIFIED LIEN. THE AFFECT OF THAT MEANS THAT IF HE WOULD SELL HIS PROPERTY, HE WOULD NOT HAVE TO PAY THE FINE. IN THE PAST, WHEN WE HAVE CERTIFIED A FINE, AND IF THAT AMOUNT WAS TO BE REDUCED, IT HAD TO GO BEFORE CITY COUNCIL. MR. COOPER STATED THAT MR. CALVIN'S CONCERN AFTER DUE TO GREAT EXPENSE AND TRYING TO CORRECT THE SITUATION, HE FEELS HE HAS DONE WHATEVER HE COULD. THE REASON STAFF DID NOT PURSUE iT BEFORE WAS MR. CALVIN'S ATTORNEY ADVISED US THAT HE WOULD MOST LIKELY PAY THE FINE. SO, STAFF'S RECOMMENDATION WAS NOT TO HAVE THE FINE RECORDED AT THIS POINT SO WE WOULD NOT GO THROUGH THE EXPENSE IN CASE HE DID PAY THE FINE. AFTER A DISCUSSION, ALL BOARD MEMBERS AGREED TO HAVE THE $1OO.00 FINE CERTIFIED PER THEIR ORIGINAL MOTION AT THE JULY 17TH MEETING. CASE# 91-4999 DANIEL MCCUSKER MR. COOPER STATED THAT STAFF RECOMMENDS THAT THE BOARD HEARS THE CASE SINCE MR. MCCUSKER IS PRESENT. MR. MCCUSKER NEVER RECEIVED PROPER NOTICE AND HE INDICATED TO MR. COOPER THAT IT IS THE CASE AS FAR AS NOTICE OF HEARING. MR. MCCUSKER STATED HE MISTAKENLY THOUGHT HIS LICENSE WAS GOOD FOR A YEAR WHEN HE PURCHASED IT LAST JULY. MR. NICHOLSON DiD CALL HIM AND HE RETURNED MR. NICHOLSON'S CALL. MR. MCCUSKER STATED HE WOULD TAKE CARE OF IT. SOME THINGS HAPPENED IN HIS BUSINESS THAT MADE IT ECONOMICALLY INFEASIBLE TO CONTINUE AND HE THOUGHT BY CLOSING THE BUSINESS THAT HE HAD SETTLED THE SITUATION. HE KNEW HE WAS IN ERROR. MR. MCCUSKER STATED HE HOPED THE BOARD WOULD SHOW SOME LENIENCY TOWARD HIM. HE WILL NOT BE ENTERING INTO BUSINESS AS A MORTGAGE BROKER. MR. COOPER STATED HE WANTED TO GO OVER THE FACTS OF THIS CASE ONCE AGAIN TO HAVE A BETTER UNDERSTANDING. ON MARCH 6, 1991, THE CITY CLERK NOTIFIED MR. NICHOLSON THAT DANIEL A. MCCUSKER CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 21, 1991 PAGE 3 (A LICENSED MORTGAGE BROKER) HAD NOT RENEWED HIS OCCUPATIONAL LICENSE. MR. NICHOLSON LEFT MESSAGE AT HIS OFFICE ON MARCH 6, AND MARCH 14. APRIL 1ST, HE WAS NOT IN HIS OFFICE. ON APRIL 1ST, STAFF SENT A CERTIFIED LETTER WHICH WAS RECEIVED & SIGNED BY MRS. POWPOW WHO IS THE RECEPTIONIST. ON 4/8/91 MR. MCCUSKER CALLED MR. NICHOLSON & STATED HE WOULD BE IN TO TAKE CARE OF THE MATTER. ON 4/13/91 RECHECKED AND HAD NOT BEEN IN. 4/16/91 STILL DID NOT COME IN. STAFF CHECKED WITH MRS. POWPOW AND STILL HAD OFFICE AT THAT TIME. THE CASE WAS BROUGHT BEFORE THE BOARD. MRS. POWPOW TOLD MR. NICHOLSON THAT MR. MCCUSKER VACATED HIS OFFICE 6/10/91. STAFF DID RENOTIFY MR. MCCUSKER AND HE SIGNED 7/31/91. THAT WAS THE FIRST TIME HE PERSONALLY RECEIVED OFFICIAL NOTIFICATION. MR. MCCUSKER HAD BEEN AWARE OF THIS SITUATION. WHEN MR. MCCUSKER WAS FIRST BROUGHT BEFORE THE BOARD, THERE WAS A $100.00 FINE IMPOSED AND $50.00 PER DAY AFTER NOTIFICATION. IT WAS THEN BROUGHT UP THAT HB HAD NOT PERSONALLY BEEN SERVED. THE RECEPTIONIST SIGNED FOR IT. MR. MCCUSKER STATED HE DID NOT SEE ANY CUSTOMERS AFTER 4/11/91 AND ALL HIS FILES WERE CLOSED. HIS RENT WAS PAID UP UNTIL 6/10/91. MR. COOPER STATED HE CHECKED WITH THE CITY CLERK'S OFFICE AND THE AMOUNT FOR THE LICENSE WOULD BE $37.50. A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY MR. NICOLINI WITH REFERENCE TO CASE NUMBER 91-4999 INVOLVING MR. DANIEL MCCUSKER THAT THE BOARD MAKE THE FOLLOWING DETERMINATIONS: FINDING OF FACT THAT MR. MCCUSKER DID OPERATE A BUSINESS WITHOUT AN OCCUPATIONAL LICENSE. THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IN VIOLATION OF SECTION 14-4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. A FINE OF $100.00 BE CHARGED TO MR. MCCUSKER. CARRIED. STAFF RECOMMENDED THAT MR. MCCUSKER PAYS THE $37.50 FOR THE OCCUPATIONAL LICENSE AND ANY ADDITIONAL FINE THE BOARD MAY WANT TO IMPOSE. MR. TOZZOLO WITHDREW HIS MOTION AND MR. NICOLINI WITHDREW HIS SECOND TO THE MOTION. CODE ~NFORCEMENT BOARD - REGULAR MEETING - AUGUST 21~ 1991 PAGE 4 A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF IN REFERENCE TO CASE# 91-4999, SECTION 14-4 INVOLVING DANIEL A. MCCUSKER THAT THE BOARD MAKE THE FOLLOWING DETERMINATIONS: FINDING OF FACT THAT HE WAS IN VIOLATION OF SECTION 14-4 OF AN EXPIRED OCCUPATIONAL LICENSE AND THAT THE VIOLATION DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IN VIOLATION OF SECTION 14-4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. AT THIS TIME, I WOULD LIKE TO PROCEED WITH A FINE OF $37.50 TO BE PAID IMMEDIATELY AND THAT HE COME INTO COMPLIANCE WITHIN 2 DAYS OF TODAY AND IF HE DOES NOT COME INTO COMPLIANCE WITHIN 2 DAYS THAT A FiNE OF $100.00 PER DAY BE ACCESSED. CARRIED. MR. NICOLINI VOTED NO. NEW BUSINESS: CASE# 91-5469 JOHN BAGBY INGRID BUEHLER (OWNER) MR. NICHOLSON EXPLAINED THE CASE TO THE BOARD. THE ORIGINAL COMPLAINT WAS FILED BY HIM ON JUNE 27, 1991. MR. BAGBY WAS IN VIOLATION OF 12-31 OF THE CODE OF ORDINANCES, JUNK AUTOS ON LOT 23, BLOCK 124, UNIT 4. THE LOT WAS OWNED BY INGRID K. BUEHLER OF FARMINGTON HILLS, MI. SHE WAS SERVED NOTICE AND JOHN BAGBY WAS SERVED NOTICE. THE AUTOS BELONGED TO JOHN BAGBY. AFTER JOHN BAGBY WAS BROUGHT BEFORE THE BOARD BEFORE FOR JUNK AUTOS ON N. CENTRAL AVENUE, MR. NICHOLSON DID NOT LOOK IN THE BACK YARD THERE WERE TWO JUNK FIREBIRDS IN THE REAR YARD IN HIGH GRASS. THEY WERE TOWED OUT AND PUT ON THIS LOT. MR. NICHOLSON HANDCARRIED THE NOTICE TO BAGBY'S RESIDENCE. MRS. VEREEN, MR. BAGBY'S GRANDMOTHER, SIGNED FOR THE NOTICE ON 6/28/91. ON AUGUST 1, 1991 RECHECKED. THERE WERE TWO FIREBIRDS AND TWO MUSTANGS ON THE LOT. ON AUGUST 13TH, HE CHECKED THE LOT TO SEE IF ANY PROGRESS HAD BEEN MADE. THE FIREBIRDS WERE MOVED ONTO LOT 8, BLOCK 124 WHICH IS BEYOND THE VACANT LOT WHICH IS THE BACK YARD OF HIS GRANDFATHER'S HOUSE. DURING HIS RECHECK, HE FOUND A THIRD FIREBIRD. iN TOTAL, THERE ARE 5 JUNK AUTOS BEING MOVED FROM LOT TO LOT (2 MUSTANGS ~ 3 FIREBIRDS). MR. COOPER STATED THAT WE ARE DEALING WITH TWO (2) VEHICLES THAT ARE ON A VACANT LOT (MUSTANGS) WHICH ARE A REOCCURRENCE CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 21, 1991 PAGE 5 AND MR. BAGBY IS BACK BEFORE THE BOARD BECAUSE HE MOVED THEM FROM ONE LOT TO NOW THIS LOT. THE AUTOS WERE THERE ON AUGUST 14TH. STAFF'S POSITION AT THIS POINT IS THAT MR. BAGBY IS UNDER A REOCCURRENCE ON LOT 23, BLOCK 124, UNIT 4, SEBASTIAN HIGHLANDS OR KNOWN AS 644 MULBERRY STREET. AS A REOCCURRENCE, HE HAS SIGNED A CERTIFICATION OF SERVICE HAND DELIVERED ON AUGUST 7, 1991 TO APPEAR BEFORE THIS BOARD. HIS GRANDMOTHER SIGNED IT WHICH IS SUFFICIENT UNDER THE STATUTES AND OUR CODE. WE REQUEST THAT THE BOARD FINDS HIM IN VIOLATION AND FINE HIM $250.00 PER DAY UNTIL VIOLATION IS REMOVED. IF STAFF CAN ASCERTAIN THAT THE VEHICLES ARE JUNK AND MR. BAGBY IS THE OWNER, WE WILL IMPOUND THEM AND TOW THEM OFF THE PROPERTY. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF WITH REFERENCE TO CASE NUMBER 91-5469 SECTION 12-31 INVOLVING JOHN BAGBY THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS: THAT JUNK AUTOS WERE STORED ON VACANT LOT. THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION, IN VIOLATION OF SECTION 12-31 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. AN "ORDER OF ENFORCEMENT" IS WARRANTED. A FLAT FINE OF $250.00 IS IMPOSED. IF THE ORDER OF ENFORCEMENT iS NOT COMPLIED WITHIN 24 HOURS, A FINE OF $250.00 PER DAY SHALL BE IMPOSED. CARRIED. BOARD ATTORNEY REOUESTS AND REPORTS: NONE BUILDING OFFICIAL'S MATTERS= NONE GENERAL DISCUSSION: MR. NICOLINI STATED THE FORM THAT STAFF HAS PUT OUT HAS REALLY INFORMED HIM AND BROUGHT HiM UP TO DATE CONCERNING PREVIOUS CASES. HE ALSO STATED EVEN THOUGH A FINE IS ONLY $25.00, HE THOUGHT WE SHOULD STILL TRY TO COLLECT DESPITE IT WOULD PROBABLY COST MORE TO COLLECT. MR. COOPER SUGGESTED THAT STAFF COULD PUT OUT AN ORDER TO ADVISE THESE PEOPLE AT THE TIME THEY ARE BEING FINED THAT IT WOULD AFFECT THEIR CREDIT IF THEY DON'T PAY THEIR FINE. MR. NICOLiNI SUGGESTED THAT STAFF SEND A LETTER AT THE END OF 30 DAYS SAYING HAVING PAID FINE, A SECOND LETTER AT THE END OF 60 DAYS WARNING THEM THAT A LIEN WOULD BE PLACED. THE THIRD AND FINAL LETTER STATING THAT THE LIEN HAS BEEN PLACED. MR. COOPER STATED THAT A TICKLER FILE WOULD BE PLACED ON A FINE AND WOULD COME BACK TO THE BOARD AFTER 90 DAYS IF NOT PAID. CODE ENFORCEMENT BOARD - REGULAR MEETING - AUGUST 21, 1991 PAGE 6 ATTORNEY LULICH STATED WHEN THE BOARD GOES AHEAD AND LEVIES A FINE FROM TODAY OR THE DAY THEY SHOULD BE IN COMPLIANCE, AN ORDER IS DRAFTED AND SIGNED BY THE CHAIRMAN. THAT ORDER IS SENT OUT BY CODE ENFORCEMENT TO THE VIOLATOR. THE COVER LETTER THAT GOES WITH THAT ORDER, STAFF MAY WANT TO SAY THAT PLEASE BE AWARE THAT THIS ORDER EITHER WILL BE OR CAN BE RECORDED AND THAT IT WOULD AFFECT YOUR CREDIT RATING OR WE COULD LEVY AGAINST YOUR PERSONAL AND REAL PROPERTY. MR. NICOLINI STATED ON THE LIST OF CASES PROVIDED TO THE BOARD AFTER THE SITUATION HAS BEEN CLEARED UP, THE FINE PAID OR THE CASE iS COMPLETE, STAFF CAN DROP THAT CASE OFF THE LIST. PUBLIC INPUT: NONE ADJOURN: A MOTION WAS MADE BY MR. METCALF, SECONDED BY MRS. KOSTENBADER TO ADJOURN THE MEETING AT 3:20 P.M. CARRIED. Minutes approved at the ~~~- f~; , 1991 Meeting. B'onato Derober~is, Chairman Gerry Ku6/e s, Board Secretary