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Home My WebLink About11171993 City of Sebastian 1225 Main Street ~ SEBASTIAN. FLORIDA' 32958 TELEPHONE (407) 589-5330 r, FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17t 1993 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 20, 1993 ATTORNEY'S MATTERS: OLD BUSINESS: CASE #93-7709 E.W. TAYLOR & JOHN PFENNINGER, JR. - CERTIFY FINE FOR LIEN CASE #92-6345, 92-6348, 92-6418, 92-6436 HERBERT STURM - CERTIFY FINE FOR LIEN CASE# 93-8571 TRAVIS & JANET HOLLAND - NONCOMPLIANCE CASE# 93-8469 CASE# 93-8652 PETER M. VREDENBURGH NEW BUSINESS: CASE# 93-8593, DENNIS DERNBACH BOARD ATTORNEY REQUEST 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 1225 Main Streeb u SEBASTIAN, FLORIDA. 32958 ~ELEPI-IONE (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, NOVEMBER 17, 1993 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. NOTE: IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLCMTG.DOC CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17~. 1993 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLIAMS AT 2:00 P.M. ROLL CALL: PRESENT: MR. NICOLINI MR. METCALF MR. DEROBERTIS MR. TOZZOLO VICE CHAIRMAN KOSTENBADER CHAIRMAN GILLiAMS ATTORNEY LULICH EXCUSED: MR. FISCHER BRUCE COOPER, BUILDING OFFICIAL PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON OCTOBER 20, 1993. ROLL CALL: MR. NICOLINi MR. METCALF MR. DEROBERTIS MR. TOZZOLO VICE CHAIRMAN KOSTENBADER CHAIRMAN GILLIAMS YES YES YES YES YES YES THE MOTION WAS CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: CASE# 93-7709, E.W. TAYLOR & JOHN PFENNINGER, JR. CERTIFY FINE FOR LIEN: ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED ON JUNE 28, 1993 THIS BOARD ISSUED AN ORDER OF VIOLATION IN REGARDS TO THIS CASE AND THE ORDER OF ENFORCEMENT GAVE THE RESPONDENT 15 CODE ENFORCEMENT BOARD - REGULAR MEETING - NOVEMBER 17, 1993 PAGE 2 CALENDAR DAYS FROM THE DAY OF THE ORDER TO COMPLY AND UPON FAILURE TO COME INTO COMPLIANCE WITH THIS ORDER ON OR BEFORE THE 2ND DAY OF JULY, 1993, THE CODE ENFORCEMENT BOARD PURSUANT TO THE ORDER COULD LEVY UP TO $100 PER DAY FINE FROM THAT DATE. ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING DURING THIS MEETING. ROBERT NICHOLSON STATED HE HAD iNSPECTED THE PROPERTY ON JULY 2, 1993 AND THE RESPONDENT HAD NOT COMPLIED WITH THE ORDER. THERE WAS AN AFFIDAVIT OF NON-COMPLIANCE IN THE FILE DATED JULY 14, 1993. LAST DATE OF INSPECTION WAS NOVEMBER 16, 1993 INDICATING NO COMPLIANCE. RICHARD TORPY REQUESTED A CERTIFICATION OF FiNE RUNNING FROM JULY 3, 1993 THROUGH NOVEMBER 16, 1993 AT THE RATE OF $100.00 PER DAY. A MOTION WAS MADE BY MR. METCALF, SECONDED BY VICE CHAIRMAN KOSTENBADER TO ACCEPT THE AFFIDAVIT OF NON-COMPLIANCE AND CERTIFY THE FINE AS A LIEN OF $10,000.00 WITH REGARD TO CASE #93-7709. THE CITY ATTORNEY & BOARD ATTORNEY BOTH AGREED THAT THE BOARD WOULD BE AMENDING THEIR ORDER IF THEY PLACED A LIEN OF $10,000.00. MR. DEROBERTIS ASKED MR. TORPY FOR A FIGURE. THE ROUGH FIGURE WAS $13,700.00. AFTER A DISCUSSION, THE VOTE ON THE MOTION WAS AS FOLLOWS: MR. METCALF MR. TOZZOLO MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. DEROBERTIS YES NO NO NO NO NO MOTION DID NOT PASS. A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY MR. NICOLINI TO ACCEPT THE AFFIDAVIT OF NON-COMPLIANCE AND CERTIFY THE FINE ($100 PER DAY, $13,700) AS A LIEN WITH REGARD TO CASE # 93- 7709. CODE ENFORCEMENT BOARD - REGULAR MEETING - NOVEMBER 17~ 1993 PAGE 3 ROLL CALL: MR. METCALF MR. TOZZOLO MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. DEROBERTIS MOTION CARRIED. YES YES YES YES YES YES RICHARD TORPY STATED WITH REGARD TO CASES #92-6345, 92-6348, 92-6418, 92-6436 THE CITY AT THIS TIME WITHDREW THE REQUEST TO CERTIFY A LIEN SINCE MR. STURM HAS RAISED A LEGAL ISSUE WITH REGARD TO WHEN THE FINE SHOULD BEGIN TO RUN AS A RESULT OF HIS APPEAL. THE CITY WILL PUT THIS ON THE NEXT AGENDA. CASE# 93-8571, TRAVIS & JANET HOLLAND - NON-COMPLIANCE: ATTORNEY LULICH STATED THERE WAS ON THE OCTOBER 20TH HEARING AN ORDER AGAINST MR. HOLLAND IN WHICH A $50.00 PER DAY FINE WAS LEVIED IF COMPLIANCE WAS NOT MET BY THE 23RD DAY OF OCTOBER. MR. NICHOLSON, CODE ENFORCEMENT OFFICER, ISSUED AN AFFIDAVIT OF NON-COMPLIANCE ON OCTOBER 27, 1993. TO HIS KNOWLEDGE, THE RESPONDENTS HAVE NOT COMPLIED AS OF NOVEMBER 17TH. A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY VICE CHAIRMAN KOSTENBADER TO ACCEPT THE AFFIDAVIT OF NON- COMPLIANCE AND IMPOSE THE FiNE WITH REGARD TO CASE # 93-8571. ROLL CALL: MR. METCALF MR. TOZZOLO MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. DEROBERTIS YES YES YES YES YES YES MOTION CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - NOVEMBER 17! 1993 PAGE 4 CASE# 93-8469, 93-8652 PETER M. VREDENBURGH THESE CASES WERE ON THE AGENDA TO INFORM THE BOARD THAT MR. VREDENBURGH HAD COME INTO COMPLIANCE. NEW BUSINESS: CASE# 93-8593, DENNIS DERNBACH DENNIS DERNBACH DID NOT ATTEND THE MEETING. ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, GAVE HIS TESTIMONY REGARDING THIS CASE. THE VIOLATION OCCURRED ON AUGUST 23, 1993 AGAINST DENNIS DERNBACH, 170 KILDARE DRIVE, SEBASTIAN (LOT 30, BLOCK 559, UNIT #16). HE WAS IN VIOLATION OF 66-3(11) VEGETATION EXCEEDED 10 INCHES IN HEIGHT. THE DATE OF THE ORIGINAL NOTICE WAS OCTOBER 4, 1993 WHICH WAS SERVED BY ASSURED COURIER ON OCTOBER 7, 1993 AND SIGNED FOR BY CHARLENE DERNBACH. THIS WAS THE CITY'S EXHIBIT #1. ON OCTOBER 29, 1993 MR. DERNBACH WAS SERVED NOTICE TO COME TO THE BOARD BY ASSURED COURIER AND SIGNED FOR BY CHARLENE DERNBACH. THIS NOTICE OF VIOLATION HEARING WAS THE CITY'S EXHIBIT #2. A PHOTO WAS TAKEN ON OCTOBER 26, 1993 BY MR. NICHOLSON. THIS WAS GIVEN AS THE CITY'S EXHIBIT #3. THE LAST INSPECTION WAS DONE NOVEMBER 17, 1993. THE PROPERTY IS APPROXIMATELY 50 % MOWED. MR. DERNBACH HAS NOT CONTACTED CODE ENFORCEMENT REGARDING THIS CASE. THE CITY'S RECOMMENDATION IS THAT THE RESPONDENT COMPLY WITHIN 5 CALENDAR DAYS FROM THE DATE OF THIS HEARING. UPON FAILURE TO COMPLY WiTH THIS ORDER, ON OR BEFORE THE 22 DAY OF NOVEMBER, 1993, THE CODE ENFORCEMENT BOARD DOES LEVY A FINE OF UP TO $25.00 FOR EVERY DAY THE VIOLATION CONTINUES PAST THE DATE SET FOR COMPLIANCE. A MOTION WAS MADE BY MR. TOZZOLO, SECONDED BY VICE CHAIRMAN KOSTENBADER TO ACCEPT THE CITY'S FINDINGS OF FACT AND CONCLUSION OF LAW AND ORDER ON CASE# 93-8593. ROLL CALL: MR. METCALF MR. TOZZOLO MR. NICOLINI CHAIRMAN GILLIAMS VICE CHAIRMAN KOSTENBADER MR. DEROBERTIS YES YES YES YES YES YES MOTION CARRIED. CODE ENFORCEMENT BOARD - REGULAR MEETING - NOVEMBER 17~ 1993 PAGE 5 BOARD ATTORNEY REQUESTS & REPORTS: ATTORNEY LULICH SUGGESTED THE CITY ONLY RECHECK FOR COMPLIANCE ONCE INSTEAD OF SEVERAL TIMES. THE ASSISTANT CITY ATTORNEY STATED THE AFFIDAVIT OF NON-COMPLIANCE OR COMPLIANCE THAT THE CITY FILES IS SIMPLY DONE TO SHOW THE BOARD WHETHER THE VIOLATOR CAME INTO COMPLIANCE ACCORDING TO THE ORDER. AS FAR AS THE ACCEPTANCE OF NON-COMPLIANCE OR COMPLIANCE, THE CITY'S POSITION IS THAT THE BOARD DOES NOT HAVE TO ACCEPT THEM. THE CITY IS JUST GIVING THESE AFFIDAVITS FOR INFORMATION PURPOSES AND ARE NOT ASKING FOR ACTION ON THEM. WHEN CERTIFYING A FINE FOR PLACEMENT OF A LIEN, THERE WILL NOT BE ANOTHER AFFIDAVIT OF NON-COMPLIANCE. THERE WILL BE TESTIMONY TO THE FACT OF NON-COMPLIANCE. ATTORNEY LULICH ASKED WHAT THE TIME LIMIT WOULD BE ON RUNNING FINES. RICHARD TORPY STATED THAT THE CITY WILL NOT LOCK THEMSELVES INTO ANY DATE TO BRING A CASE BACK TO CERTIFY FOR A PLACEMENT OF A LIEN. ATTORNEY LULICH STATED THE BOARD CAN REQUEST THE CASE TO BE BROUGHT BACK TO THEM AT ANY TIME. THE ORDER CAN STATE THAT THE CASE BE BROUGHT BACK BEFORE THEM BY 30 DAYS, 60 DAYS, ETC. ATTORNEY LULICH STATED MR. METCALF HAD REQUESTED THAT HE RESEARCH THE LAW DISALLOWING A ONE TIME TOTAL AMOUNT FINE. A LETTER ANSWERING THIS WAS SUBMITTED TO THE BOARD MEMBERS. ATTORNEY LULICH GAVE AN EXAMPLE IN HIS LETTER: IF A VIOLATION IS NOT CORRECTED WITHIN THREE (3) DAYS OF THIS HEARING, THE CODE ENFORCEMENT BOARD DOES LEVY A ONE DAY TOTAL FINE OF $250.00. BUILDING OFFICIAL MATTERS: NONE GENERAL DISCUSSION: MR. NICOLINI HAD AN ARTICLE OUT OF THE PAPER CONCERNING COLLECTION OF CODE ENFORCEMENT FINES. RICHARD TORPY STATED HE IS WELL AWARE OF THE COLLECTION PROBLEMS WITH CODE ENFORCEMENT BOARD CASES. SOME CASES ARE IMPOSSIBLE TO COLLECT BECAUSE THE INDIVIDUAL HAS NO ASSETS. CODE ENFORCEMENT BOARD - REGULAR MEETING - NOVEMBER 17~_ 1993 PAGE 6 MR. METCALF ASKED AGAIN ABOUT THE TIME FRAME BETWEEN NON- COMPLIANCE AND CERTIFYING THE FINE TO PLACE A LIEN. RICHARD TORPY STATED THE CITY WILL NOT LOCK THEMSELVES INTO ANY DATE BECAUSE OF MANY FACTORS SUCH AS HOW MUCH THE FINE IS, WHAT THE PARTICULAR VIOLATION IS AND WHAT EFFORTS THE VIOLATOR TAKES TO COMPLY IF GIVEN MORE TIME. HE SUGGESTED TO THE BOARD IF THEY WANT THAT KIND OF CONTROL OVER HOW MUCH THE FINE BUILDS UP TO, THAT IT COME AT THE HEARING WHEN THE BOARD ISSUES THE ORDER OF ENFORCEMENT. PUBLIC INPUT: HERBERT STURM OF 549 SAUNDERS STREET WANTED TO SPEAK TO THE BOARD. ATTORNEY LULICH WAS EXCUSED FROM THE MEETING AT 3:05 P.M.. MR. STURM ASKED THE BOARD IF THEY FUNCTION IN ACCORDANCE WiTH FLORIDA STATUTE 162. CHAIRMAN GILLIAMS STATED THAT IT WAS SAFE TO SAY THEY FOLLOW WITHIN THOSE GUIDELINES. MR. STURM ALSO STATED ALONG WITH THE STATUTE, SEBASTIAN HAS A CODE ENFORCEMENT BOARD ORDINANCE (SECTION 2-91 THROUGH 2-101) THAT THE BOARD SHOULD ALSO FOLLOW. MR. STURM'S POINT IS UNDER ADMINISTRATIVE FINES. IN THE FLORIDA STATUTE IT SAYS FOR REPEAT VIOLATION THE VIOLATOR MAY BE FINED UP TO $500.00 PER DAY. IN THE SEBASTIAN CODE SECTION THAT HAS BEEN REDUCED TO $250.00 FOR THE INITIAL FINE AND REPEAT VIOLATOR. ALL THESE ORDERS THAT HAVE BEEN ISSUED WHERE IT SAYS THE VIOLATOR MAY BE FINED UP TO $500.00 ON A REPEAT VIOLATION ARE NOT IN ACCORDANCE WITH SECTION 2.104 ADMINISTRATIVE FINES/LIENS. MR. STURM ASKED THE BOARD IF THEY UNDERSTAND WHAT QUASI- JUDICIAL MEANS. MR. STURM STATED THE BOARD CAN NOT LEGALLY LEVY A FINE UNLESS IT HAS PREVIOUSLY ISSUED AN ORDER AND THEN BEEN NOTIFIED BY THE CODE ENFORCEMENT INSPECTOR THAT THE ORDER HAS NOT BEEN COMPLIED WITH. THIS IS THE REASON FOR THE AFFIDAVIT OF NON- COMPLIANCE. ACCORDING TO THE STATUTE THE BOARD iSSUES AN ORDER OF ENFORCEMENT AND SETS A TIME. SOMETIME IN THE DISTANT FUTURE, THE CODE ENFORCEMENT OFFICER WILL COME ALONG WITH AN AFFIDAVIT OF NON-COMPLIANCE. THEN THE BOARD MAY LEVY A FINE TO THE EXTENT THAT WAS SPECIFIED IN THE INITIAL ORDER OR SOMETHING LESS THAN THAT. IT IS UP TO THE BOARD. THAT IS ALL MR. STURM WANTED TO DISCUSS. CODE ENFORCEMENT BOARD - REGULAR MEETING - NOVEMBER 17.1 1993 PAGE 7 ADJOURN: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY VICE CHAIRMAN KOSTENBADER TO ADJOURN THE MEETING AT 3:10 P.M. CARRIED. Minutes approved at the ~ ~ , 1993 Meeting. Gilliams, Chairman Board Secretary