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Home My WebLink About09161992 CODB BNFORCEMBNT BOARD REGULAR MEETING SEPTEMBER 16, 1992 - 2=00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBBRTIS AT 2,00 P.M. ROLL CALL PRESENT: MR. NICOLINI CHAIRMAN DEROBERTIS VICE CHAIRMAN FISCHER MR. METCALF MR. GILLIAMS EXCUSED: MRS. KOSTENBADER MR. TOZZOLO BRUCE COOPER, BUILDING OFFICIAL RICHARD TORPY, ASSISTANT CITY ATTORNEY ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER APPROVAL OF MINUTES, A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. NICOLINI TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON AUGUST 19, 1992. MOTION CARRIED. A MOTION WAS MADE BY VICE CHAIRMAN FISCHER, SECONDED BY NICOLINI TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD ON SEPTEMBER 3, 1992. MOTION CARRIED. ATTORNEY'S MATTERS, ATTORNEY LULICH SAID HE HAD A CALL SINCE THE LAST MEETING FROM THE BOARD SECRETARY TO PREPARE TWO ORDERS FOR THE BOARD BASED ON TWO ACTIONS THAT WERE TAKEN AT THE LAST MEETING (STAY AN ORDER AND ORDER DENYING A NEW TRIAL & HEARING). THIS IS IN REFERENCE TO HERBERT STURM, CASE# 92-6348, 6345, 6418, 6436 AND CASE# 92-6909. THIS IS USUALLY TAKEN CARE OF OUTSIDE OF THE BOARD HEARING. SINCE ATTORNEY LULICH HAD THE ORDERS WITH HIM, CHAIRMAN DEROBERTIS SIGNED THEM. COD.__~_E ENFORCEMENT BOARD - REGULA__R MEETING ~ SEPTEMBER ~ 1992 PAGE 2 OL__D BUSINESS= REVIEW PROPOSED ORDINANCES= CHAIRMAN DEROBERTIS SAID THAT HE UNDERSTOOD THAT THiS BOARD COULD MAKE RECOMMENDATIONS OF PROPOSED ORDINANCES TO THE CITY COUNCIL. THE BOARD DISCUSSED PARKING OR STORAGE OF AUTOMOBILES. THE FOLLOWING WAS TAKEN OUT OF ANOTHER CITY'S ORDINANCEs A MAXIMUM OF (3) AUTOMOBILES (NOT INCLUDING RECREATIONAL VEHICLES) MAY BE PARKED IN AN UNENCLOSED AREA ON A SINGLE- FAMILY ZONED LOT. HOWEVER AN ADDITIONAL VEHICLE FOR EACH LICENSED DRIVER PERMANENTLY RESIDING AT THE PREMISES MAY BE PARKED ON THE LOT. NO AUTOMOBILE MAY BE PARKED OR STORED IN ANY REQUIRED YARD AREA. THE PROVISIONS OF THiS SECTION SHALL NOT PRECLUDE THE PARKING OF AUTOMOBILES BY PERSONS VISITING A SINGLE-FAMILY HOME. ATTORNEY LULICH ASKED WHAT iS THE DEFINITION OF REQUIRED YARD AREA. THE AUTOMOBILES HAVE TO BE ON A DRIVEWAY OR PAVED PARKING LOT. IF SOMEONE HAS PERMANENTLY THREE OR MORE CARS. CHAIRMAN DEROBERTIS SUGGESTED THEY SHOULD DO WHAT HE DID. HE HAD HIS DRIVEWAY WIDEN TO ACCOMMODATE HIS BOAT AND CAR SO IT WOULD NOT BE ON THE LAWN. MR. METCALF SAiD HE THOUGHT RECOMMENDING PROPOSED ORDINANCES IS BEYOND THE SCOPE OF THIS BOARD. THIS SHOULD BE UP TO THE CITY COUNCIL. CHAIRMAN DEROBERTIS SAID WHEN HE SPOKE TO A COUNCILMAN. HE WAS TOLD SPECIFICALLY THAT IF THE BOARD FELT AS THE CODE ENFORCEMENT BOARD THAT THERE WAS SOMETHING NEEDED TO HELP CLARIFY A CODE. THEY COULD RECOMMEND IT TO THE CITY COUNCIL. CHAIRMAN DEROBERTIS SAID THE CITY HAS NO CODE ABOUT PARKING AN AUTOMOBILE ONLY IN A DRIVEWAY. MR. FISCHER SUGGESTED RESIDENTS COULD HAVE AS MANY VEHICLES THAT COULD BE PARKED IN THEIR DESIGNATED PARKING AREA. HE DID AGREE TO ONLY PARKING AUTOMOBILES IN THE DRIVEWAY. COD____~E ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER ~ 1992 PAGE 3 THE BOARD ATTORNEY SAID IN THE PAST 6 YEARS HE HAS NOT SEEN A CIRCUMSTANCE THAT SOMEONE CAME BEFORE THE BOARD BECAUSE THERE WERE TOO MANY CARS IN THEIR DRIVEWAY. THE BOARD HAS HAD COMPLAINTS ABOUT JUNK VEHICLES BUT NOT WHETHER AUTOMOBILES SHOULD BE PARKED iN THE DRIVEWAY. ATTORNEY LULICH SAID HE JUST WANTED TO iNFORM THE BOARD THAT HE HAS NOT LEGALLY LOOKED INTO THE iSSUE AS WHETHER THE BOARD HAS THE AUTHORITY TO PROPOSE LEGISLATION. A MOTION WAS MADE BY MR. NICOLINI THAT WE MAKE A RECOMMENDATION TO THE CITY COUNCIL IN REFERENCE TO PARKING OR STORAGE OF AUTOMOBILES TO STATE~ AUTOMOBILES (NOT INCLUDING RECREATIONAL VEHICLES) MAY BE PARKED IN THE DESIGNATED PARKING AREA ON A SINGLE-FAMILY ZONED LOT. HOWEVER AN ADDITIONAL VEHICLE FOR EACH LICENSED DRIVE PERMANENTLY RESIDING AT THE PREMISES MAY BE PARKED ON THE LOT. NO AUTOMOBILE MAY BE PARKED OR STORED IN ANY REQUIRED YARD AREA. THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE THE PARKING OF AUTOMOBILES BY PERSONS VISITING A SINGLE-FAMILY HOME. MR. GILLIAMS SUGGESTED THAT MAYBE IT WOULD BE WISE BEFORE THE BOARD RECOMMENDS THIS PROPOSED ORDINANCE TO THE COUNCIL. TAKE A LITTLE TIME AND HAVE OUR BOARD ATTORNEY TO REVIEW TWO THINGS. CHECK TO SEE IF IT IS PROPER FOR THE BOARD TO RECOMMEND THE LEGISLATION TO THE COUNCIL AND TO REVIEW WHAT THE BOARD HAS ALREADY WRITTEN AND COME BACK WITH AN AMENDED COPY FOR CLARIFICATION. MR. NICOLINI WITHDREW HIS MOTION. A MOTION WAS MADE BY MR. NiCOLINI TO SEND A LETTER OF RECOMMENDATION TO THE CITY COUNCIL IN REFERENCE TO PARKING OR STORAGE OF AUTOMOBILES TO STATE: AUTOMOBILES (NOT INCLUDING RECREATIONAL VEHICLES) MUST BE PARKED IN A DESIGNATED PARKING AREA ON A SINGLE-FAMILY ZONED LOT. ADDITIONAL VEHICLES FOR EACH LICENSED DRIVER PERMANENTLY RESIDING AT THE PREMISES MUST BE PARKED IN THE DESIGNATED PARKING AREA. NO AUTOMOBILE MAY BE PARKED OR STORED IN ANY REQUIRED YARD AREA OF A RESIDENTIAL LOT. THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE THE PARKING OF AUTOMOBILES BY PERSONS VISITING A SINGLE-FAMILY HOME. MR. NICOLINI WITHDREW THiS MOTION. CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 16, 1992 PAGE 4 ATTORNEY LULICH SAID A LETTER COULD BE PRESENTED TO THE CITY COUNCIL FROM THE CODE ENFORCEMENT BOARD STATING: THE BOARD BELIEVES THAT AN ONGOING PROBLEM OF HAVING VEHICLES PARKED OBTRUSIVELY ANYWHERE ON RESIDENTIAL LOTS CAN BE CORRECTED BY AMENDING THE PARKING AND STORAGE OF AUTOMOBILES SECTION OF THE CODE TO ALLOW PARKING IN ONLY DESIGNATED AREAS. MR. GILLIAMS HEREBY MADE A MOTION ON THAT. FISCHER SECONDED THE MOTION. VICE CHAIRMAN MR. METCALF VOTED NO. MOTION CARRIED. THE BOARD DECIDED TO WAIT TO DISCUSS OTHER PROPOSED ORDINANCES AND DIRECTED ATTORNEY LULICH TO REVIEW IF THE BOARD CAN RECOMMEND ORDINANCE AMENDMENTS. PROPOSED MOTION OF ENFORCEMENT, ATTORNEY LULICH SAID THIS PROPOSED MOTION OF ENFORCEMENT FORM DOES SIMPLIFY IN MANY WAYS IN WHICH MOTIONS HAVE BEEN DEALT WITH. IN HIS OPINION, THE FORM IS LACKING IN CERTAIN WAYS. AFTER A DISCUSSION. THE BOARD DIRECTED THE BOARD ATTORNEY TO REVISE THE FORM BY THE NEXT MEETING. NEW BUSINESS: NONE BOARD ATTORNEY REOUESTS AND REPORTS~ BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION, NONE PUBLIC INPUT: ADJOURN: NONE A MOTION WAS MADE BY MR. METCALF, SECONDED BY VICE CHAIRMAN FISCHER TO ADJOURN THE MEETING AT 3sO5 P.M. CARRIED. Minutes approved at the Board Secretary , 1992 Meeting. Donato Derobertis, Chairman City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER ~6., 1992 - 2,OO P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST 19, 1992 SPECIAL MEETING OF SEPTEMBER 3, 1992 ATTORNEY'S MATTERS: OLD BUSINESS: REVIEW PROPOSED NUISANCE ORDINANCE REVIEW PROPOSED MOTION OF ENFORCEMENT FORM NEW BUSINESS: BOARD ATTORNEY REOUESTS AND REPORTS: BUILDING OFFICIAL'S MATTERS: GENERAL DISCUSSION: PUBLIC INPUT: ADJOURN: NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON TME 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 r~ 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 A REGULAR MEETING ON WEDNESDAY, SEPTEMBER 16, 1992 AT 2:OO 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.