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Home My WebLink About10171990 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 17. 1990 - 2~OO P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS~ OLD BUSINESS~ NEW BUSINESS8 REGULAR MEETING OF SEPTEMBER 19. 1990 POWELL'S TIRE & BATTERY CASE # 90-4444 EUNICE ANDERSON CASE # 90-4277 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 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 P B._BL~ MEETING CITY 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 17. 1990 AT 2,00 P.M. IN THE CITY COUNCIL CHAMBERS. ~. KUBES, SECRETARY SEBASTIAN CODE ENFORCEMENT BOARD NOTE, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE ~ILL 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. ~ ENFORCEMENT BOARD REGULAR MEETING OCTOBER ~ ~_ 2,e0 ~ MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIs AT 2,Oe P.M. ROLL CALL, ALSO PRESENTs PRESENT, LATE: MRS. KOSTENBADER MR. METCALF VICE CHAIRMAN FISCHER CHAIRMAN DEROBERTiS MR. TOZZOLO ATTORNEy LULICH MR. NICOLINI MR. GILLIAMS EXCUSED, ASSISTANT CITY ATTORNEy TORPy BRUCE COOPER, BUILDING OFFICIAL, ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER APPROVAL O__~FMINUTES, MOTION WAS MADE BY VICE CHAIRMAN FISCHER AND SECONDED BY MRS KOSTENBADER TO APPROVE THE MINUTES OF MEETING HELD ON SEPTEMBER 19, 1990. ' CARRIED. ATTORNEy~ ~ ATTORNEY LULICH STATED THAT THS LIEN AGAINST TOM WALSH WAS RECORDED iN BREVARD COUNTy AND IS IN ROUTE TO BE RECORDED IN INDIAN RIVER COUNTY. THERE WAS A SETTLEMENT OF THE OLg~DBUSINESS, KIGHT LIEN OF $1,000.00. MR. METCALF ASKED MR. NICHOLSON ABOUT THB WADSWORTH CASE. JUNE 20, 1990 WAS THE ORIGINAL VIOLATION DATE. MR. WADSWORTH WAS GIVEN 30 DAYS TO REMOVE' THE SWAMP BUGGY AND IT WAS NOT REMOVED. HE WAS GIVEN ANOTHER 30 DAYS TO REMOVE IT AGAIN AND THE TIME EXPIRED TWO DAYS AFTER THE NEXT MEETING.AT THE CODE ENFORCEMEN~TT BOARD ~ REG__~ MEETING ~ $0~17.-90 PAGE 2 SEPTEMBER MEETING THiS CASE WAS DROPPED SINCE THE SWAMP BUGGY WAS MOVED TO A DIFFERENT LOT AND THE ORDER DID NOT PLACE A FINE. WE WOULD NEED A NEW HEARING. MR. NICOLINI ASKED IF WE COULD HAVE SPECIFIED A FINE IF MR. WADSWORTH DiD NOT COMPLY WITHIN A CERTAIN TIME. ATTORNEY LULICH STATED THAT EVEN THOUGH THE SWAMP BUGGY WAS ON A DIFFERENT LOT, IT WAS THE SAME ACTIVITY AND COULD BE BROUGHT BEFORE THE BOARD AGAIN AND THE FINE COULD BE GREATER FOR REOCCURRENCE. NE__~WBUSINESS, POWELL'S TIRE & BATTERY CASE # 90-4444 ATTORNEY LULICH SWORE IN MR. POWELL, ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER. & BRUCE COOPER, BUILDING OFFICIAL. THE BOARD ATTORNEY ALSO READ THE ORDINANCE (20A-6.1(C)(7)(C) AND 20A-7.4(A) & (B) TO MR. POWELL. SINCE THE ASSISTANT CITY ATTORNEY COULD NOT ATTEND THIS MEETING, MR. COOPER ACTED IN HIS BEHALF. MR. COOPER QUESTIONED MR. NICHOLSON CONCERNING THIS CASE. ON 8/30/90 HR. NICHOLSON VISITED POWELL'S TIRE & BATTERY & THEY HAD OUTSIDE STORAGE OF TIRES & WHEELS. AS OF THE NEXT DAY (8/31/90), A VIOLATION NOTICE WAS ISSUED. ON 9/20/90 THIS SITUATION WAS NOT CORRECTED SO MR. POWELL WAS SERVED NOTICE TO APPEAR BEFORE THE BOARD ON 10/3/90 BY CERTIFIED MAIL. ON 8/20/90 MR. NICHOLSON GAVE POWELL'S TIRE & BATTERY A COPY OF THE CODE WHICH MR. POWELL SIGNED FOR. THE SAME COPY OF THE CODE WAS GIVEN TO OTHER BUSINESSES TOO. SINCE POWELL'S TIRE & BATTERY OPENED, THERE HAS BEEN A TOTAL OF 7 VIOLATIONS FOR OUTSIDE STORAGE AND OUTSIDE WORK. AS OF 10/16/90 THE TIRES WERE REMOVED. PHOTO'S WERE GIVEN TO THE BOARD FOR REVIEW. MR. POWELL QUESTIONED WHAT WAS OUTSIDE STORAGE. MR. COOPER ASKED IF MR. PONELL HAD RECEIVED A VIOLATION NOTICE AND IF HE HAD ANY QUESTIONS, HE SHOULD HAVE CALLED THE BUILDING DEPARTMENT. MR. POWELL STATED THE TIRES ARE TAKEN ONCE A WEEK TO MELBOURNE. STAFF RECOMMENDS THAT THE BOARD FINDS MR. PONELL IN VIOLATION OF OUTSIDE STORAGE & DISPLAY OF TIRES. COD_~B ENFORCEMENT BOARD - REGULAR ME__BTING - 10/17..{90 PAGE 3 A MOTION WAS MADE BY MR. GILLIAMS WITH REFERENCE TO CASE# 90- 4444 INVOLVING POWELL'S TIRE & BATTERY THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT~ STORAGE. MR. POWELL WAS IN VIOLATION OF OUTSIDE B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. c) D) AN "ORDER OF ENFORCEMENT" IS WARRANTED. A $1OO.OO FINE SHALL BE IMPOSED & IF PROPERTY IS NOT CLEANED UP WITHIN 24 HOURS, AN ADDITIONAL FINE OF $100.00 PER DAY BE IMPOSED. THE MOTION DIED DUE TO LACK OF A SECOND. A MOTION WAS MADE BY MR. MBTCALF AND SECONDED BY MR. NICOLINI THAT MR. POWELL BE GIVEN 30 DAYS TO GET IN FULL COMPLIANCE. IF AT THE END OF THAT TIME HE ISN'T, A FINE WILL BE IMPOSED OF $100.00. MR. METCALF WITHDREW HIS MOTION AND MR. NICOLINI WITHDREW HIS SECOND. A MOTION WAS MADE BY MR. METCALF WITH REFERENCE TO CASE# 90- 4444 INVOLVING POWELL'S TIRE & BATTERY THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: VIOLATION DID OCCUR CONSISTING OF OUTSIDE STORAGE & DISPLAY OF TIRES. B) THE VIOLATION IN FACT DiD OCCUR & THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) NO FiNE BB LEVIED AT THIS TIME BUT. IF BROUGHT BEFORE US AGAIN, A FINE WOULD BE IMPOSED. MR. METCALF WITHDREW HIS MOTION. CODE ENFORCEMENT BOARD ~ REGULAR MEETING PAGE 4 ATTORNEY LULICH READ THE MOTION FOR MR. METCALF WHICH WAS SECONDED BY MRS. KOSTENBADER WITH REFERENCE TO CASE #90-4444 INVOLVING POWELL'S TIRE & BATTERY THAT THE BOARD MAKE THE FOLLOWING DETERMINATION, A) FINDINGS OF FACT: THERE WAS OUTSIDE STORAGE OF TIRES. B) THE VIOLATION IN FACT DID OCCUR & THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) A FINE BE LEVIED OF $25.00. ROLL CALL: MR. NICOLINI MRS. KOSTENBADER VICE CHAIRMAN FISCHER MR. TOZZOLO MR. METCALF MR. GILLIAMS MOTION DENIED. NO YES NO NO YES NO A MOTION WAS MADE BY MR. GILLIAMS. SECONDED BY MR. METCALF WITH REFERENCE TO CASE# 90-4444 INVOLVING POWELL'S TIRE BATTERY THAT THE BOARD MAKE THE FOLLOWING DETERMINATION, A) FINDINGS OF FACT: THERE WAS OUTSIDE STORAGE OF TIRES. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED D) A FINE BE LEVIED OF $75.00. MOTION CARRIED. MRS. KOSTENBADER VOTED NO FOR THE RECORD. CODE ENFORCEMENT BOARD - REGULAR MEETING - 10/17/90 PAGE 5 EUNICE ANDERSON CASE# 90-4277 EUNICE ANDERSON DiD NOT ATTEND THE MEETING. MR. COOPER QUESTIONED MR. NICHOLSON CONCERNING THiS CASE. ON 8/22/90 TWO JUNK VEHICLES WERE AT 138 CAPRONA STREET. A LETTER WAS SENT 8/23/90 TO COMPLY. A RE-CHECK DATE WAS 9/25/90 & NOTHING WAS CORRECTED. ON 9/27/90 ONE VEHICLE WAS REMOVED BUT AS OF 10/7/90 THE SECOND VEHICLE WAS STILL THERE. WE GAVE NOTICE TO ASSURED COURTIER 10/6/90 & THEY SERVED MRS. ANDERSON ON 10/9/90. THE VEHICLE WAS REMOVED 10/8/90. THE VIOLATION HAS BEEN CORRECTED. STAFF RECOMMENDS THAT EUNICE ANDERSON WAS IN VIOLATION OF JUNK VEHICLES BUT THAT NO FINE BE LEVIED. A MOTION WAS MADE BY MR. NICOLINI & SECONDED BY MR. METCALF WITH REFERENCE TO CASE #90-4277 INVOLVING EUNICE ANDERSON THAT THE BOARD MAKE THE FOLLOWING DETERMINATION. EUNICE ANDERSON WAS IN VIOLATION OF JUNK VEHICLES AND NOW IS IN COMPLIANCE. NO FINE SHALL BE IMPOSED. MOTION CARRIED. MR. GILLIAMS VOTED NO FOR THE RECORD. BOARD ATTORNEY REOUESTS ~,ND REPORTS~,, ATTORNEY LULICH EXPLAINED HOW TO MAKE A MOTION. HIS OFFICE WILL TYPE UP NEW FORMS TO FOLLOW FOR MAKING A MOTION. THERE ARE SET FINES IN RULE 8(C) WAIVER OF HEARING (RULES OF THE SEBASTIAN CODE ENFORCEMENT BOARD) WHICH SHOULD BE BROUGHT TO STAFF'S ATTENTION. BUILDING OFFICIAL'S ~ATTERS~ NONE GENERAL DISCUSSION: BEING LATE. MR. GILLIAMS APOLOGIZED TO THE BOARD FOR PUBLIC INPUT~ NONE ADJOURN~ A MOTION WAS MADE BY MR. METCALF AND SECONDED BY MR. TOZZOLO TO ADJOURN THE MEETING AT 3:25 P.M. CARRIED. Minutes approved the atf/l_/ , 1990 Meeting. : B~a~d Sec~eta~M