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Home My WebLink About10161991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 16, 1991 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 18, 1991 ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: CASE# 91-5777 NANCY LEE SAUNDERS & VERNON SLAVEN B__~OAR__~D 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 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 THEIR REGULAR MEETING ON WEDNESDAY, OCTOBER 16, 1991 AT 2:00 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. CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 16, 1991 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBBRTIS AT 2:10 P.M. ROLL CALL PRESENT: MR. NICOLINI CHAIRMAN DEROBERTIS MR. TOZZOLO MRS. KOSTENBADER VICE CHAIRMAN FISCHER ATTORNEY LULICH LATE: MR. GILLIAMS UNEXCUSED, MR. METCALF EXCUSED: BRUCE COOPER, BUILDING OFFICIAL ALSO PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER~ RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: MOTION WAS MADE BY MRS. KOSTENBADBR, SECONDED BY VICE CHAIRMAN FISCHER TO APPROVE THE MINUTES OF THE MEETING HELD SEPTEMBER 18. 1991. CARRIED. ATTORNEY'S MATTERS, CHAIRMAN DEROBERTIS ASKED THE ATTORNEYS A QUESTION REGARDING THE BOARD PROCEDURE. NORMALLY THE BOARD RECEIVES A RECOMMENDATION AND THEN MAKES A MOTION AND SECONDS THE MOTION, WE DISCUSS IT AND THEN WE VOTE. ASSISTANT CITY ATTORNEY STATED THAT THIS BOARD IS A VERY LOOSELY STRUCTURED HEARING. YOU DON'T HAVE TO FOLLOW ALL THE RULES AND REGULATIONS THAT YOU DO IN A COURT ROOM SETTING. WHETHER OR NOT YOU ALLOW DISCUSSION BACK AND FORTH PRIOR TO A MOTION OR HAVE A FORMAL MOTION AND THEN HAVE YOUR DISCUSSION REALLY DOES NOT MATTER. THE BOARD COULD DO BOTH. ASSISTANT CITY ATTORNEY TORPY BROUGHT UP.THE CASE OF JOHN BAGBY FROM THE LAST MEETING. THE FINE WAS $12OO.OO BUT THE ORDER THAT WAS PREPARED NEEDS TO BE CLARIFIED. MR. GILLIAMS ORIGINALLY MADE A MOTION OF $1OO.OO PER DAY FINE FOR A TOTAL OF $12OO.OO (12 DAYS). THE ORDER STATES A $12OO.OO FLAT FINE IS IMPOSED. THE MAXIMUM FINE THAT CAN BE IMPOSED IS $250.00 CODE ENFORCEMENT BOARD - REGULAR MEETING - OCTOBER 16, 1991 PAGE 2 PBR DAY SO A $1200.00 FLAT FINB FOR ONB DAY OF VIOLATION WOULD BE INCONSISTENT WITH STATE STATUTE. THE ORDER SHALL READ $100.00 PER DAY FOR EACH DAY OF VIOLATION TOTALING $1200.00. ATTORNEY LULICH WILL DRAFT A REVISION TO THE ORDER THAT A FINE OF $100.00 PER DAY FOR 12 DAYS IN THE TOTAL AMOUNT OF $1200.00 IS LEVIED. ASSISTANT CITY ATTORNEY TORPY SUGGESTED WE BRING THiS CASE BACK NEXT MONTH AS OLD BUSINESS ON THE AGENDA. THE BOARD NEEDS TO CLARIFY THIS MOTION ON THE RECORD. OLD. BUSiNESS~ MR. NICOLINI ASKED IF POWELL'S TIRE IN MELBOURNE IS RELATED TO THE SAME CASE WE HAD BEFORE THE BOARD (CASE# 90-4444). IF SO, THE FINE OF $75.00 THAT IS DUE CAN BE CERTIFIED AND RECORDED IN BREVARD COUNTY SO THAT ANYTHING POWELL'S TIRE MIGHT DO CREDIT WISE OR PURCHASE OF ANYTHING THAT MIGHT REQUIRE SEARCH OF PUBLIC RECORD IN BREVARD COUNTY COULD POP UP. A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MRS. KOSTENBADER THAT THE ATTORNEY CERTIFY AND RECORD THE FINE AGAINST POWELL'S TIRE & BATTERY IN CASE 90-4444. CARRIED. VICE CHAIRMAN FISCHER VOTED NO NEW BUSINESSs CASE# 91-5777 NANCY LEE SAUNDERS VERNON SLAVEN ATTORNEY LULICH SWORE IN MR. SLAVEN & MR. NICHOLSON. READ SECTION 2OA-5.16.1 TO MR. SLAVEN. HE ALSO ASSISTANT CITY ATTORNEY. RICHARD TORPY QUESTIONED MR. NICHOLSON. CODE ENFORCEMENT OFFICER. CONCERNING THIS CASE. MR. NICHOLSON OBSERVED THE VIOLATION ON 9/12/91. AT THAT TIME, HE ADVISED THE DAUGHTER OF NANCY SAUNDERS (SLAVEN NOW) CONCERNING THE VIOLATION. HE WENT BACK AND REINSPECTED IT ON 9/16/91 AT ABOUT 3~50 P.M. AND GAVE A VIOLATION NOTICE WITH 24 HOURS TO REMOVE THE ITEMS TO NANCY LEE SAUNDERS SLAVEN. REINSPECTED AGAIN AFTER 24 HOURS. 9/17/91 AT 3~55 P.M., THE UTILITY TRAILER WAS RELOCATED TO THE REAR AND THE WRECKER WAS MOVED TO THE R.O.W. HOWEVER~ WAS NOT MOVED OUT OF THE AREA. CODE ENFORCEMENT BOARD ~ REGULAR MEETING - OCTOBER _16,1991 PAGE 3 THEREFORE, THE CASE WAS FORWARDED TO THE BOARD. PHOTOS GIVEN TO BOARD AS EVIDENCE. MR. NICHOLSON HAD CHECKED BEFORE THE MEETING AND THE WRECKER WAS STILL THERE. MR. SLAVEN STATED THAT THE WRECKER IS NOW REMOVED. MR. SLAVEN GAVE HIS SIDE OF THE CASE. HE AGREED THAT HE WAS PARTIALLY IN VIOLATION OF THIS CODE. HE STATED THAT MR. NICHOLSON TOLD HIM THAT AS LONG AS HIS TOW TRUCK WAS OPERABLE AND PARKED ON THE STREET AND DROVE IT TO AND FROM HOME THAT IT WAS NOT A VIOLATION. THAT IS WHAT HE DID UNTIL HE SOLD IT TODAY. MR. SLAVEN STATED THAT NOT ONLY IS THE CITY OF SEBASTIAN IN VIOLATION OF THE CODE BUT THE INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT IS ALSO IN VIOLATION OF THIS CODE. PHOTOS OF SEBASTIAN POLICE CARS AND INDIAN RIVER COUNTY SHERIFF'S CARS PARKED IN RESIDENTIAL ZONE WERE SHOWN TO THE BOARD. HE STATED THAT IF HE IS IN VIOLATION SO ARE THE CITY AND THE COUNTY. MR. NICHOLSON STATED HE THOUGHT THERE WAS A MISUNDERSTANDING BETWEEN HIM AND MR. SLAVEN. HE MEANT THE LITTLE WRECKER WHICH IS A 1 TON TO HIS KNOWLEDGE. IF HE IS USING IT IN HIS BUSINESS AND DRIVING IT BACK AND FORTH TO WORK, THERE IS NO VIOLATION. ON MARCH 15, 1991 MR. NICHOLSON HAD AN OCCASION TO SEE THIS FORD F-500 WRECKER AND SENT MR. SLAVEN A NOTICE TO REMOVE IT AND HE DID COMPLY. THE SMALL WRECKER IS A i TON AND OUR CODE STATES THAT YOU CAN HAVE A TRUCK WHICH DOES NOT EXCEED 1 TON. HE TOLD MR. SLAVEN THAT THE LARGE WRECKER WOULD HAVE TO BE REMOVED. ASSISTANT CITY ATTORNEY SAID THAT SUBSECTION C(7) READS AS FOLLOWS: "SUCH ITEMS BEING UTILIZED BY ANY GOVERNMENTAL ENTITY FOR A LEGITIMATE PURPOSE." HE STATED THAT THE INDIAN RIVER COUNTY SHERIFF VEHICLES ARE PERMITTED TO BE TAKEN HOME IN CASE THEY ARE CALLED OUT. THIS EXCEPTION WOULD APPLY. MR. SLAVEN STATED THAT THE CODE SHOULD BE DEFINED A LITTLE MORE THAN WHAT IT IS. ASSISTANT CITY ATTORNEY STATED REGARDLESS OF WHAT MR. SLAVEN MAY HAVE UNDERSTOOD THIS CODE TO BE, HE WAS SENT A NOTICE OF VIOLATION FOR THE TRUCK AND GIVEN AN OPPORTUNITY TO REMOVE THE VEHICLE. HE CHOSE NOT TO DO THAT AND THAT IS WHY HE WAS BROUGHT BEFORE THIS BOARD. STAFF RECOMMENDS THAT A VIOLATION BE FOUND TO HAVE EXISTED AND REQUEST A $1OO.00 FINE TO BE iMPOSED FOR THE VIOLATION DUE TO THE FACT THAT IT WAS NOT CLEARED UP PRIOR TO THE DATE HE WAS GIVEN TO COMPLY. ALSO RECOMMEND THAT THE BOARD GIVE WHATEVER THEY FEEL iS A REASONABLE AMOUNT OF TIME TO CURE THE VIOLATION AND A CONTINUING FINE IF NOT CURED. CODE ENFORCEMENT BOARD - REGULAR MEETING - OCTOBER ~ 1991 PAGE 4 MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY VICE CHAIRMAN FISCHER WITH REFERENCE TO CASE NUMBER 91-5777, SECTION 2OA- 5.16.1 INVOLVING NANCY LEE SAUNDERS & VERNON SLAVEN THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS, FIND OF FACT THAT THEY HAD A WRECKER THAT WAS NOT ALLOWED IN THE RS-lO ZONE. THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. A FLAT FINE OF $1OO.OO SHALL BE IMPOSED. AFTER A BRIEF DISCUSSION, AN AMENDED MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY VICE CHAIRMAN FISCHER TO ADD IF THE VIOLATION IS STILL EXISTING AFTER 72 HOURS THAT A FINE OF $250.00 PER DAY BE IMPOSED. MOTION CARRIED. BOARD ATTORNEY REOUESTS AND REPORTS,: BOARD ATTORNEY LULICH REQUEST THAT STAFF BE SPECIFIC WITH SECTION NUMBERS OF THE CODES. IN THiS CASE, SECTION B APPLIED. BUILDING OFFICIAL'S MATTERS: NONE GENERAL DISCUSSION, CHAIRMAN DBROBBRTIS SUGGESTED THAT WE DISCUSS CASE# 91-5643, JOHN BAGBY & MARLYN VEREBN, NOW THAT MR. GILLIAMS WAS AT THE MEETING. ASSISTANT CITY ATTORNEY TORPY STATED IT SHOULD BE PUT ON THE AGENDA NEXT MONTH FOR CLARIFICATION. PUBLIC INPUT: NONE ADJOURN: A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. TOZZOLO TO ADJOURN THE MEETING AT 3,05 P.M. CARRIED. Minutes approved at the '~~~O , , 1991Heeting. Donato Derobertis, Chairman Gerry K~s, Board Secretary