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HomeMy WebLinkAbout11171999 CiTY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING NOVEMBER 17, 1999 Chairman Neglia called the meeting to order at 3:03 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Ms. Barczyk Chmn. Neglia Mr. Schofield Mr. Connelly VC Cosco Mr. Morozowski(a) EXCUSED ABSENCE: Mr. Cavallo, Mr. Davis(a) UNEXCUSEDABSENCE: Ms. Griffin ALSO PRESENT: Tracy Hass, Planning and Growth Management Director Tim Zelinski, Code Enforcement Officer Rich Stringer, City Attorney Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Neglia announced that Mr. Davis and Mr. Cavallo are excused, and Mr. Morozowski(a) will vote in place of Mr. Cavallo. He also noted that Ms. Griffin was absent also without being excused ..... APPROVAL OF MINUTES: (9/11/99) MOTION by Cosco/Connelly I'll make a motion that we accept. A voice vote was taken. 6 - 0 motion carried. NEW BUSINESS: A. Violation Hearing - Case fP39-14364 - Herbert & Judith Williams - 102 Nebraska Circle - Section 20A-3.4. D.$, Land Development Code Mr. & Mrs. Williams were not present at this time, and Chron. Neglia asked for a summary by staff. Code Enforcement officer Tim Zelinski was sworn in by Atty. Stringer at 3:06 P.M. CODE ENFORCEMENT BOARD MINUTES Of REGULAR MEETING OF NOVEMBER 17, 1999 Mr. Zelinski gave staff report. He submitted a photograph (Exhibit "A") showing the garage door replaced with a permanent wall and entry door. Mr. Herbert Williams, 102 Nebraska Circle, ardved at the meeting at 3:08 P.M. He was sworn in by Atty. Stringer at 3:09 P.M. Mr. Williams gave his presentation noting that the permit he pulled covered the garage enclosure and the carport, and he thought it ran out in December. Mr. Williams submitted Exhibits # A, B, C, D, E, and F which included his building permit and other forms issued by the Building Department. He noted that he just finished the inside of the garage conversion recently, but has not had a final inspection yet. Mr. Zelinski indicated that a final inspection was performed on February 16, 1999 for the inside of the enclosed garage. He noted that because no work was performed on construction of the carport for six (6) months, the permit has expired. Mr. Williams commented that he thought the permit wouldn't run out until December, at which time he could ask for an extension. He indicated that he still plans to build the carport and explained his plan for the placement on his lot. He referred to a sketch that he submitted. When he explained his plan, it was suggested that he would have to apply to the Board of Adjustment for approval to build the carport shorter than shown on the plan, and he would need another permit, which would give him another 6 months. Atty. Stringer explained to Mr. Williams that he has been in violation of the Code since he closed off his garage. And he noted that he would have had to build the carport first, and then close off the garage, to avoid being in violation. He added that pulling a permit does not "cure" the violation. Mr. Zelinski noted that staff recommends that this Board find Mr. Williams in violation, that no fine would need be instituted, but he should get another permit and finish his project, and he suggested that a time limit be put on it. There was discussion among the Board members. Mr. Williams asked if he could have until April to erect his carport. MOTION by Cosco/Connelly I'll make a motion, in regards to Case 99-14364, we find Mr. & Mrs. Williams, Jr. in violation at this point and that we extend the completion date until April 1't without a fine, and with the understanding that you do have to go to apply to the Adjustment Board within forty-eight (48) hours in order to get on their agenda for January, and then you do have to pull another permit within forty-eight (48) hrs. after that meeting, regardless of the outcome of that meeting, and then work to be completed no later April 1't of 2000. Brief discussion. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF NOVEMBER 17, 1999 Roll call: VC Cosco - yes Mr. Connelly - yes Mr. Schofield - yes Chmn. Neglia - yes Ms. Barczyk - yes Mr. Morozowski(a) - yes The vote was 6 - 0. Motion carried. ATTORNEY'S MATTERS: MEMBER'S MATTERS: None Mr. Schofield asked for an update on Robert Taylor. Atty. Stringer responded that he has been doing some preliminary research of the public records, but more needs to be done because of the numerous owner name changes, and some other issues that make a computer search nearly impossible. He also noted that he will have this case back before this Board no later than January 2000. Ms. Barczyk asked if it is true that a lien cannot be place on a piece of property with a Homestead Exemption, but a lien can be placed on possessions. Atty. Stringer responded that the first $10,000 worth of personal property is protected, but beyond that amount, personal property can be seized and sold. He commented that personal property is very often protected by the above figure, and unless there is some unusual valuable personal property available, these liens are not successful. There was brief discussion on the signage at Hermana's Restaurant on U.S. #1. There was discussion on the signage by the Angler's Obsession dock, and staff responded that this is part of the whole case - many issues are in violation. It was established that Mr. Cook payed his fine after the last meeting. Chmn. Neglia adjourned the meeting at 3:34 P.M. (11/23/99 AB) City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561)589-2566 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS RE-SCHEDULED THEIR REG~ 1V~ETING TO WEDNESDAY, SEPTEMBER 22ND, 1999, AT 3:00 P.M. IN THE CITY COUNCIL CHAMI]ERS. DORRI BOSBhDRTH, SECRETARY 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 VERBAT'IM 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 DISABiLI~ES 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.