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Home My WebLink About09181991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN COD~ ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER ~ 1991 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: NE~ BUSINESS: REGULAR MEETING OF AUGUST 21, 1991 CASE# 91-5643, MARLYN VEREEN & JOHN BAGBY 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. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC HEETING CITY OF SEBASTIAN 1225 HAIN STREET INDIAN RIVER COUNTY THE SEBASTIAN CODE ENFORCE}IENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILI., HOLD THEIR REGULAR }{EETING ON WEDNESDAY, SEPTEHBER 18,1991 AT 2:OO P.}{. IN THE CITY COUNCIL CHAHBERS. G. KUBES, SECRETARY SEBASTIAN CODE ENFORCEHENT BOARD NOTE, IF ANY PERSON DECIDES TO APPEAL ANY DECISION I{ADE ON THE ABOVE HATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE HAY NEED TO ENSURE THAT A VERBATIH RECORD OF THE PROCEEDINGS IS HADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 18, 1991 - 2=00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2=10 P.M. ROLL CALL PRESENT VICE CHAIRMAN FISCHER MRS. KOSTENBADER CHAIRMAN DEROBERTIS MR. METCALF MR. GILLIAMS ATTORNEY LULICH EXCUSED~ MR. NICOLINI MR. TOZZOLO ALSO PRESENT= ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER~ BRUCE COOPER, BUILDING OFFICIAL RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES= MOTION WAS HADE BY MR. METCALF, SECONDED BY HR. GILLIAMS TO APPROVE THE MINUTES OF THE MEETING HELD AUGUST 21, 1991. CARRIED. ATTORNEY'S HATTERS= NONE OLD BUSINESS= NONE NEW BUSINESS= CASE# 91-5643 JOHN BAGBY & MARLYN VEREEN ATTORNEY LULICH SWORE IN MR. BAGBY, MR. NICHOLSON, BRUCE COOPER. ASSISTANT CITY ATTORNEY, RICHARD TORPY QUESTIONED MR. NICHOLSON, CODE ENFORCEMENT OFFICER, CONCERNING THIS CASE. THIS CASE WAS DATED AUGUST 13, 1991 AND THE INITIAL SERVICE WAS HANDCARRiED BY MR. NICHOLSON AND DELIVERED TO JOHN BAGBY AND HIS GRANDFATHER, MR. VEREEN, ON AUGUST 15, 1991 FOR JUNK CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER ~ 1991 PAGE 2 AUTOMOBILES. THEY WERE GRANTED 15 DAYS TO REMOVE SAID VEHICLES. ON 8/30/91A RECHECK WAS MADE AND THERE WERE STILL 3 FIREBIRDS AND 2 MUSTANGS INVOLVED IN THIS CASE. ON 9/3/91 THEY WERE SERVED TO GO TO THE CODE ENFORCEMENT BOARD. ON 9/6/91 MR. NICHOLSON RECHECKED THE PROPERTY AND THE SILVER CAMARO OR FIREBIRD WAS REMOVED. THIS CASE RELATES DIRECTLY TO CASE #5469 WHICH WAS IN FRONT OF THIS BOARD PRIOR TO THIS. MR. NICHOLSON REINSPECTED THE PROPERTY ABOUT 1,30 ON 9/18/91. THE BLUE FIREBIRD HAS BEEN MOVED FROM THE REAR YARD TO THE OTHER SIDE OF ROSELAND ROAD IN THE COUNTY RIGHT OF WAY. THE SILVER CAMARO WAS REMOVED PRIOR TO THIS. A RED MUSTANG HAD BEEN REMOVED. THE GOLD FIREBIRD IS NOW HOOKED BY TOW CHAINS TO MR. BAGBY'S PERSONAL AUTOMOBILE AND TOWED FROM HIS GRANDFATHER'S BACKYARD BACK ONTO THE BUEHLER PROPERTY. MR. BAGBY STATED TO MR. NICHOLSON THAT HE WILL BE TOWING IT OFF SOME PLACE WHERE HE CAN STORE IT. TWO VEHICLES ARE IN THE GENERAL AREA ALTHOUGH NOT ON THAT 80 X 125 FOOT LOT. SINCE THE GRANDFATHER OWNS THE PROPERTY, HE WAS PERSONALLY SERVED BY MR. NICHOLSON THE SAME DATE AS MR. BAGBY. PHOTOS GIVEN TO BOARD FOR THEIR REVIEW. ATTORNEY LULICH READ SECTION 12-30 AND 12-31 TO MR. BAGBY. MR. BAGBY STATED BY THE DEFINITION THAT ATTORNEY LULICH READ BOTH THE TRANS AMS THAT WERE ON HIS GRANDPARENT'S LOT WERE NOT ABLE TO BE SEEN FROM ANYWHERE BUT STANDING IN HIS GRANDFATHER'S BACK YARD. MR. COOPER STATED BASED BY DEFINITION IT SAYS PERMANENT BUILDING OR SUFFICIENT ENCLOSURE MEANING A BUILDING OR STRUCTURE. MR. BAGBY STATED ALL THE CARS ARE OUT OF THE CITY LIMITS NOW. WHEN MR. NICHOLSON RECHECKED ON 9/6/91, THE SILVER CAMARO AND THE BLACK MUSTANG WERE GONE TOO. ASSISTANT CITY ATTORNEY ASKED MR. BAGBY IF THERE WAS A CAR SITTING ACROSS THE STREET IN THE COUNTY RIGHT OF WAY NOW. MR. BAGBY STATED HE PLANS TO TAKE IT ABOUT 7 MILES AWAY FROM THE CITY. ALL OTHER VEHICLES ARE IN THE JUNK YARD. ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED TO THE BOARD THAT MR. BAGBY HAS ALREADY BEEN FOUND IN VIOLATION OF THIS ORDINANCE. THEREFORE, WE BRING HIM HERE TODAY AS A REPEAT VIOLATOR AND WOULD REQUEST THAT THIS BOARD FIND HIM iN VIOLATION AND IMPOSE A FiNE THAT THE BOARD SEES APPROPRIATE. ASSISTANT CITY ATTORNEY ALSO STATED THAT WHEN WE SAY WE REQUEST THE MAXIMUM FINE, OUR OWN NOTICE OF VIOLATION STATES THAT THE FINE WOULD ONLY BE UP TO $250.00 PER DAY. THE STATE STATUTE WOULD PERMIT IT FOR A REPEAT VIOLATOR TO GO UP TO CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER .18, 1991 PAGE 3 $500.00 PER DAY BUT, SINCB OUR NOTICE IS $250.00 PBR DAY, WE WOULD REQUEST THAT THE BOARD NOT IMPOSE ANY FiNE ABOVE THAT FIGURE. ATTORNEY LULICH ASKED THE CITY TO STATE HOW MANY DAYS THE ALLEGED VIOLATOR WAS IN VIOLATION. THE CITY STATED FROM SEPTEMBER 3 THROUGH SEPTEMBER 18TH (15 DAYS). THE RECOMMENDED FiNE IS THE MAXIMUM OF $250.00 PER DAY THIS CASE HAS BEEN NOTICED AGAINST THE PROPERTY OWNER (MARLYN VEREEN). THIS IS A REPEAT VIOLATION FOR MR. BAGBY, NOT MR. VEREEN. A MOTION WAS MADE BY MR. METCALF THAT THE VIOLATION DID OCCUR SECTION 12-31 OF THE JUNK VEHICLES AND THE ALLEGED VIOLATOR DID COMMIT THE VIOLATION. RECOMMEND THAT HE BE FINED $750.00 FOR THE 15 DAYS HE WAS IN VIOLATION. MOTION DIED BECAUSE OF LACK OF A SECOND. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF WITH REFERENCE TO CASE NUMBER 91-5643 INVOLVING JOHN BAGBY AND MARLYN VEREEN, SECTION 12-31 INVOLVING JUNK AUTOS (3 FIREBIRDS AND 1 MUSTANG) THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS~ THAT THE VIOLATOR IS IN VIOLATION. THE VIOLATION DID IN FACT OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE 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 SHALL BE LEVIED AGAINST THE PROPERTY OWNER AND MR. BAGBY. MR. NICHOLSON STATED THAT MR. BAGBY & MR. VEREEN WERE SERVED ON SEPTEMBER 6TH NOT THE 3RD FOR THIS CASE. THEREFORE. THERE WERE 12 DAYS NOT 15 DAYS THAT THE ALLEGED VIOLATOR WAS IN VIOLATION. ASSISTANT CTY ATTORNEY TORPY STATED THAT THIS IS MORE THAN SIMPLY A REPEAT OFFENDER. THIS IS A WILLFUL GAME OF CAT AND MOUSE WITH THE CITY. THE CITY HAS COUNTLESS MAN HOURS AND THIS IS THE THIRD TIME MR. BAGBY HAS BEEN BROUGHT BEFORE THE CODE ENFORCEMENT BOARD FOR A SIMILAR VIOLATION. THE SECOND TIME NOW AS A REPEAT VIOLATOR, THERE IS COUNTLESS MAN HOURS AND THAT WAS EVIDENCE HERE BY MR. BAGBY'S TESTIMONY SAYING "THEY ARE NOW OUTSIDE THE CITY". WHEN ASSISTANT CiTY ATTORNEY TORPY ASKED MR. BAGBY, HE ADMITTED THE CARS WERE ACROSS THE STREET SITTING IN THE COUNTY. THIS IS THE KIND OF GAME HE IS PLAYING. THE CITY WANTS A MESSAGE FOR THIS KIND OF GAME AND THAT THIS KIND OF GAME DOES NOT GO ON IN THE CITY OF SEBASTIAN AND THAT THIS BOARD WILL ENFORCE IT. THIS IS ONE OF THE WORSE VIOLATIONS IN THE CITY AS FAR AS THE CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 18~ 1991 PAGE 4 INTENTIONAL GAMES BEING PLAYED. THIS IS NOT JUST A CITIZEN WHO HAS HAD A LITTLE BIT OF A PROBLEM. THIS IS A CITIZEN WHO THINKS HE CAN MESS WITH THE SYSTEM AND PLAY GAMES AND SHIFT CARS AROUND. MR. GILLIAMS AMENDED HIS MOTION CONCERNING THE FINE. HE CHANGED IT FROM A FLAT FINE OF $250.00 TO $100.00 PER DAY FOR THE 12 DAYS~ A FLAT FINE OF $1,2OO.OO. AMENDED MOTION DIED SINCE THERE WAS NO SECOND. MR. GILLIAMS WITHDREW HIS MOTION AND MR. METCALF WITHDREW HIS SECOND TO THE MOTION. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MRS. KOSTENBADER WiTH REFERENCE TO CASE # 91-5643, SECTION 12-31 INVOLVING JOHN BAGBY & MARLYN VEREEN THAT A FLAT FINE OF $1,2OO.O0 BE IMPOSED. CARRIED. MR. METCALF VOTED NO. A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF TO INSTRUCT THE BOARD ATTORNEY TO CERTIFY AND RECORD A LIEN IMMEDIATELY AGAINST MR. BAGBY AND MARLYN VEREEN. CARRIED. ~ ATTORNEY REQUESTS AND REPORTS= BUILDING OFFICIAL'S MATTERSt NONE GENERAL DISCUSSIONt NONE PUBLIC INPUT~ NONE ADJOURN= NONE A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY VICE CHAIRMAN FISCHER TO ADJOURN THE MEETING AT 2=50 P.H. CARRIED. Minutes approved at the ~.[~ , 1991 Meeting. Donato Derobertis, Chairman Gerry Kube~/. - Board Secretary