HomeMy WebLinkAbout09191990 CODE ENFORCEMENT BOARD
REGULAR MBETING
SEPTEMBER 19, 1990 - 2,00 P~M.
MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN FISCHER AT 2~05
P.M.
ROLL CALL .'
PRESENT .'
MRS. KOSTENBADER
MR. NICOLINI
MR. METCALF
VICE CHAIRMAN FISCHER
ATTORNEY LULICH
MR. TOZZOLO
MR. GILLIAMS
EXCUSED, CHAIRMAN DEROBERTiS
ALSO PRESENT,
BRUCE COOPER, BUILDING OFFICIAL, ROBERT
NICHOLSON, CODE ENFORCEMENT OFFICER
RICHARD TORPY. ASSISTANT CITY ATTORNEY
APPROVAL OF MINUTES~
MOTION WAS MADE BY MRS. KOSTENBADER AND SECONDED BY MR.
TOZZOLO TO APPROVE THE MINUTES OF MEETING HELD ON AUGUST 15,
1990.
CARRIED.
ATTORNEY'S MATTERS, NONE
OL__DBUS____INESS,
LIEN (RAZZANO) CASE# 87-391
ASSISTANT CITY ATTORNEY RICHARD TORPY STATED THAT THE
PROPERTY WAS FORECLOSED UPON AND THE CITY OF SEBASTIAN WAS
MADE A PARTY TO THAT LAW SUIT. THE LIEN WAS INFERIOR TO THE
MORTGAGE HELD BY THE PARTY THAT FORECLOSED AND WHAT HAPPENS
IS ALTHOUGH WE FILED AN ANSWER AND WENT THROUGH THE PROCEDURE
· MECHANISMS. THEY DID FORECLOSE AND GET THEIR JUDGEMENT AND
OUR LIEN IS AUTOMATICALLY EXPUNGED. UNFORTUNATELY A CiTY
CODE ENFORCEMENT LIEN DOES NOT TAKE A PRIORITY LIKE A TAX
LIEN WOULD. THEREFORE, THIS LIEN IS CLOSED OUT.
CODE ENFORCEMENT BOARD - REGULAR ME~.?IN.G - SEPTEMBER 19, 199___~
PAGE 2
LiEN (WALSH) CASE# 88-1014
THE ORDER STATED MR. WALSH WOULD BE FINED $25.00 PER DAY FROM
3/14/89 FOR NOT PULLING A PERMIT AND NOT HAVING A LICENSE.
APRIL 29, 1989 MR. WALSH SIGNED THE RETURN RECEIPT THAT HE
DID RECEIVE THE ORDER. HE DID NOT COMPLY. ATTORNEY LULICH
STATED THIS LIEN WAS NOT RECORDED. YOU HAVE TO HAVE A FIXED
AMOUNT OF DOLLARS AND CANNOT SAY $25.00 PER DAY AND RUNNING.
YOU HAVE TO CUT IT SHORT AND PLACE A FINE.
ATTORNEY LULiCH STATED THAT MR. WALSH HAS ALTERNATIVES. JUST
RECENTLY MR. KIGHT WHO THERE HAD BEEN OVER $4,000.00 WORTH OF
LIENS ON HIS PROPERTY HAD COME BEFORE THE CITY COUNCIL
BECAUSE SOMEONE WAS GOING TO PURCHASE HIS PROPERTY AND THE
PURCHASE WOULD NOT GO DOWN UNLESS THE LIEN WAS REDUCED AND
THE CITY COUNCIL REDUCED THE LIEN TO $1,000.00 TO SEE SOMEONE
ELSE IN THE CITY. BRUCE COOPER STATED THE SECOND ITEM WAS
WHETHER OR NOT WE WOULD EVER COLLECT ON IT.
A MOTION WAS MADE BY MR. METCALF AND SECONDED BY MR. NICOLiNI
TO RECORD A LiEN IN THE AMOUNT OF $13,800.00 AGAINST MR.
THOMAS WALSH AS OF SEPTEMBER 19~ 1990 IN INDIAN RIVER COUNTY
AND BREVARD COUNTY.
ROLL CALL~
MR. GILLIAMS - YES
MRS. KOSTENBADER - YES
MR. TOZZOLO - NO
VICE CHAIRMAN FISCHER - YES
MR. NICOLINI - YES
MR. METCALF - YES
CARRIED.
JAMES WADSWORTH - CASE 90-3617
VICE CHAIRMAN FISCHER ASKED MR. NICHOLSON ABOUT THIS CASE.
A LETTER OF NON-COMPLIANCE WAS GIVEN. MR. NICHOLSON CHECKED
ON 8/20/90 AND THE SWAMP BUGGY WAS STILL THERE AND AS OF
9/19/90 WAS STILL NOT IN COMPLIANCE.
MR. WADSWORTH DID NOT ATTEND THE MEETING.
ATTORNEY LULICH READ THE ORDER TO THE BOARD MEMBERS.
FINDINGS OF FACTS= THE BOARD DETERMINED UPON THE EVIDENCE
CODE ENFORCEMENT BOARD - REGULAR MEETING ~ SEPTEMBER 19, 1990
PAGE 3
PRESENTED THAT JAMES WADSWORTH WAS STORING A JUNK VEHICLE
(SWAMP BUGGY) IN VIOLATION OF SECTIONS 12-30 & 12-31. THE
CONCLUSION WAS THE ABOVE REFERENCED INDIVIDUAL WAS FOUND TO
BE IN VIOLATION OF THE SAID ORDINANCE AND NO FINE WAS LEVIED.
HOWEVER, THE VIOLATION WAS TO BE CORRECTED WITHIN 30 DAYS OF
JUNE 20, 1990.
MR. METCALF STATED THAT AT ONE TIME MR. WADSWORTH THREATENED
TO SUE HIM AND HE MIGHT WANT TO ABSTAIN FROM THIS CASE.
A MOTION WAS MADE BY MR. TOZZOLO~ SECONDED BY MR. NICOLINI
WITH REFERENCE TO CASE # 90-3617 INVOLVING JAMES WADSWORTH
THAT HE BE FINED $50.00 PER DAY UNTIL THE SWAMP BUGGY WAS
REMOVED OR OPERABLE AS OF THE DATE OF RECEIPT OF THE ORDER.
AFTER A BRIEF RECESS. ATTORNEY LULICH STATED THAT THERE ARE
SOME PROBLEMS WITH THE ORIGINAL ORDER AND ALSO WOULD LIKE TO
DEAL WITH WHEN YOU CAN ABSTAIN FROM VOTING AND WHEN YOU CAN
NOT. AS LONG AS YOU DISCLOSE THAT YOU BELIEVE THAT THERE IS
A CONFLICT. YOU NEED TO FILE THE CONFLICT WITH THE CITY CLERK
AND SHOULD NOT ABSTAIN FROM VOTING. THE CONCLUSION OF LAW
WAS THAT NO FINE WAS LEVIED. IT DOES NOT SAY THAT NO FINE IS
LEVIED AT THIS TIME AND IF HE DOESN'T COMPLY IN 30 DAYS THEN
THERE IS A FINE. IN A WAY YOU ARE REVISITING THIS CASE AND
IN ADDITION TO THAT THE VEHICLE HAS BEEN MOVED SO IT MIGHT BE
INTERPRETED THAT THERE iS A NEW CASE BECAUSE IT IS ON A NEW
LOT. THE ORDER IS NOT CLEAR ENOUGH.
BRUCE COOPER STATED THAT STAFF RECOMMENDS THAT WE RENOTIFY
MR. WADSWORTH TO COME TO THE NEXT BOARD MEETING IN RELATION
TO THIS VIOLATION AND HE CAN EXPLAIN THE SITUATION IF IT IS
STILL THERE AT THAT TIME AND A NEW ORDER CAN BE DONE IF IT IS
NECESSARY.
MR. TOZZOLO MADE A MOTION TO WITHDRAW THE MOTION.
NICOLINI WITHDREW HIS SECOND.
MR.
ASSISTANT CITY ATTORNEY TORPY STATED THAT STAFF iS REQUESTING
THAT THIS CASE AT THIS POINT BE DROPPED COMPLETELY. STAFF
WILL IF THE VIOLATION IS CONTINUING BRING IT BACK BEFORE THE
BOARD AFTER PROPER NOTICE. THE BOARDS ORDER LAST TIME SIMPLY
STATED THAT MR. WADSWORTH WAS FOUND IN VIOLATION HOWEVER.
THERE WOULD BE NO FINE IMPOSED AND HE WOULD BE GIVEN 30 DAYS
TO COMPLY. ASSISTANT CITY ATTORNEY TORPEY'S OPINION OF THAT
ORDER IS SIMPLY THAT WAS YOUR ORDER. AS OPPOSED TO OTHER
ORDERS WHERE YOU GIVE THEM X AMOUNT OF DAYS TO COMPLY OR, A
CODE ENFORCEMENT BOARD - REGULAR MEETING - SEPTEMBER 19. 1990
PAGE ¢
FINE OF X AMOUNT OF DOLLARS WOULD BE LEVIED. AT THIS POINT
THE CITY IF THEY DETERMINE TO DO SO CAN BRING IT BACK BEFORE
THE BOARD ON A CONTINUING VIOLATION (REPEAT VIOLATOR) WHICH
HAS ENHANCED PENALTIES.
ROBERT CLINEMAN - CASE # 90-3915
AN ORDER OF COMPLIANCE WAS GIVEN TO THE BOARD.
NEW BUS~NESS,
MR. NICOLINI READ A LETTER TO THE BOARD MEMBERS THAT HE WROTE
DATED SEPTEMBER 14. 1990 CONCERNING HIS POSSIBLE RESIGNATION.
ON SEPTEMBER 13. 1990 HE APPEARED BEFORE DEPARTMENT OF
PROFESSIONAL REGULATIONS ON A MATTER OF FRAUD CONCERNING THE
ISSUANCE OF A WORTHLESS CHECK FOR PAYMENT FOR HIS STATE
LICENSE RENEWAL. AT THE APPEARANCE HE EXPLAINED THAT WHERE
THE CHECK WAS ISSUED HE NO LONGER WAS ASSOCIATED WITH TME
COMPANY THAT ISSUED THE CHECK AND THAT HE HAD NOT SIGNED OR
KNOWN ABOUT THE CHECK. THE ABOVE WAS PROVEN BY LETTERS AND
PAPERWORK BY HIM TO THE SATISFACTION OF THE ENTIRE D.P R.
BOARD RESULTING IN A COMPLETE AND UNANIMOUS VINDICATION OF
HIM. MR. NICOLINI WANTED TO BRING THIS TO THE BOARD'S
ATTENTION IN THE EVENT THAT THEY MIGHT FEEL THERE MAY BE A
CONFLICT OF INTEREST OR PREJUDICE ON HIS PART. IN THE
RENDERING OF A DECISION WHILE ON THIS BOARD.
NONE OF THE BOARD MEMBERS FELT THAT THIS WOULD BE A PROBLEM.
BO__~RD ATTORNEY ~ AND REPORTS, NONE
BUILDING OFFICIAL'S M_A_.TTERSs NONE
GENERAL DISCUSSION, NONE
PUBLIC INPUT, NONE
~OURN,
A MOTION WAS MADE BY MR. METCALF. SECONDED BY MR. GILLIAMS TO
ADJOURN THE MEETING AT 2,50 P.M.
CARRIED.
Minutes approved at the
Donato Derobertis', Chairman
~e~ry
Board Secretary