Loading...
HomeMy WebLinkAbout11211990 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 21~ 1990 - 2:OO P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS. NE__W BUSINESS~ REGULAR MEETING OF OCTOBER 17, 1990 JAMES MALONE CASE # 90-4360 DAVID PAUL LAROSE CASE # 90-4545 CASE # 90-4544 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 n 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. NOVEMBER 21. 1990 AT 2~00 P.M. IN THE CITY COUNCIL CHAMBERS. G. KUBES. SECRETARY SEBASTIAN CODE ENFORCEMENT BOARD NOTEs 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. ... MEETING WAS CALLED TO ORDER BY MR. DAMIAN GILLIAMS AT 2:00 P.M. ROLL CALL PRESENT: MRS. KOSTENBADER MR. NICOLINI MR. METCALF MR. GILLIAMS ATTORNEY LULICH EXCUSED: VICE CHAIRMAN FISCHER CHAIRMAN DEROBERTIS MR. TOZZOLO BRUCE COOPER ALSO PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER RICHARD TORPY, ASSISTANT CITY ATTORNEY APPROVAL OF MINUTES: MOTION WAS MADE BY MR. NICOLINI AND SECONDED BY MR. METCALF TO APPROVE THE MINUTES OF MEETING HELD ON OCTOBER 17, 1990. ROLL CALL: MRS. KOSTENBADER MR. NICOLINI MR. METCALF MR. GILLIAMS YES YES YES YES CARRIED. ATTORNEY'S MATTERS: NONE OLD BUSINESS: MR. NICOLINI STATED THAT THE LIST OF FINES FOR SPECIFIC VIOLATIONS WAS GOOD AND SETS A GUIDELINE FOR THE BOARD TO FOLLOW. ATTORNEY LULICH STATED THIS LIST WAS ENACTED INTO THE CODE LEGISLATED BY THE CITY COUNCIL MAY 12, 1982. CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/2!/90 PAGE 2 THIS LIST WOULD BE USED FOR ALLEGED VIOLATORS THAT ARE SET FOR HEARING AND COME IN PRIOR TO THE HEARING AND WOULD LIKE TO SETTLE THE MATTER. BY RULES AND REGULATIONS THE STAFF COULD GO AHEAD AND SAY OK AND PAY A FINE OF $25.00 AND THE HEARING IS CANCELLED. ASSISTANT CITY ATTORNEY TORPY STATED THAT IN THE AREA OF REPEAT VIOLATORS, THIS WOULD BE OBVIOUSLY VERY WORKABLE, BUT IT WOULD RESULT IN THERE NEVER BEING A FINDING OF A VIOLATION OF A SITED ORDINANCE. THE CASE WOULD SIMPLY BE DISMISSED AND NEVER BE BROUGHT TO THE BOARD. THE RESULT OF THIS WOULD BE THAT YOU COULD NOT FINE THEM AS A REPEAT VIOLATOR SHOULD THEY AT SOMETIME IN THE FUTURE COMMIT THE SAME OFFENSE. ATTORNEY LULICH RECOMMENDED THAT STAFF LOOK INTO CREATING A FORM USED AS A RECEIPT FOR PAYING A FINE AND EXPLAINING WHAT COULD HAPPEN IF A VIOLATION REOCCURS. MR. GILLIAMS RECOMMENDED THAT THE ALL OF THE FINES SHOULD BE $75.00 EXCEPT BUSINESS WITHOUT OCCUPATIONAL LICENSE. ATTORNEY LULICH STATED THAT THE BOARD COULD USE THE LIST AS A GUIDELINE BUT CAN'T CHANGE IT SINCE IT WAS LEGISLATED BY CITY COUNCIL. HE ALSO STATED THAT HE DID NOT KNOW IF THIS LEGISLATION WAS SUPERSEDED BY OTHER LEGISLATION. THE BOARD ATTORNEY WILL HAVE TO RESEARCH THIS AND WILL BE TABLED TO THE NEXT MEETING. AS FAR AS INSTITUTING PREHEARING FINES, THE BOARD ATTORNEY SUGGESTED LEAVING THE FINES UP TO STAFF AND CITY COUNCIL. AS FAR AS STORAGE OF MOTOR VEHICLE, TRAILER IN A SWALE, ETC. A SET FINE SHOULD BE IMPOSED IF THE CIRCUMSTANCES ARE THE SAME. THE ASSISTANT CITY ATTORNEY STATED THAT WE MIGHT WANT TO LOOK INTO WRITING CITATIONS FOR FINES. THIS MATTER WAS TABLED TO NEXT MEETING. MR. GILLIAMS ASKED WHAT HAPPENED WITH POWELL'S TIRE & BATTERY. ROBERT NICHOLSON STATED IT APPEARS THEY MOVED OUT BUT ARE STILL IN VIOLATION. THIS WAS TABLED TO THE NEXT MEETING. CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/21/90 PAGE 3 NEW BUSINESS: DAVID PAUL LAROSE CASE# 90-4545 THE BOARD ATTORNEY SWORE IN MR. LAROSE & MR. NICHOLSON. MR, LAROSE STATED HE UNDERSTOOD THE VIOLATION AND DID NOT NEED IT READ TO HIM. ASSISTANT CITY ATTORNEY TORPY QUESTIONED MR. NICHOLSON, CODE ENFORCEMENT OFFICER. ON CASE # 90-4545, DATED 10/19/90, MR. LAROSE IS OPERATING A LAWN MOWING BUSINESS IN THE CITY OF SEBASTIAN, HE HAS INDIAN RIVER COUNTY OCCUPATIONAL LICENSE WiTH THE ADDRESS GIVEN AS 290 DELAWARE WHICH IS HIS PLACE OF RESIDENCE. HE IS LICENSED FOR BUSINESS IN THE COUNTY AND USES A CITY ADDRESS THEREFORE, HE IS iN VIOLATION OF SECTION 14-4 OF THE CODE OF ORDINANCES. A NOTICE WAS SENT TO MR. LAROSE ON 10/22/90 GRANTING HIM 10 DAYS TO REMEDY THE SITUATION. THE FIRST RECHECK FOR THE LICENSE WAS ON 11/2/90 AND SEVERAL TIMES SINCE THEN. A RECHECK WAS MADE 11/21/90 AND HE STILL HAD NOT OBTAINED A CITY LICENSE. MR. LAROSE WAS NOTIFIED OF THIS HEARING. MR. LAROSE GAVE HIS TESTIMONY CONCERNING THIS VIOLATION. HE STATED HE HAD NO PLACE TO PUT HIS BUSINESS EQUIPMENT. HE NOW REALIZES HE NEEDS AN CITY OCCUPATIONAL LICENSE. STAFF RECOMMENDS THAT THE BOARD GIVE MR. LAROSE 30 DAYS TO OBTAIN AN OCCUPATIONAL LICENSE 'OR OTHERWISE CORRECT THE VIOLATION. FAILURE TO CORRECT THE VIOLATION SHALL RESULT IN A FINE BEING IMPOSED PER DAY. A MOTION WAS MADE BY MR. METCALF, SECONDED BY MRS. KOSTENBADER WITH REFERENCE TO CASE NUMBER 90-4545 SECTION 14.4 INVOLVING DAVID PAUL LAROSE THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS: FINDING OF FACT THAT MR. LAROSE CONDUCTED BUSINESS IN THE CITY OF SEBASTIAN WITHOUT A CITY OCCUPATIONAL LICENSE. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IN VIOLATION OF SECTION 14.4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) iF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WITH BY 28 DAYS, A FINE OF $25.00 PER DAY SHALL BE IMPOSED. CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/21/90 PAGE 4 ROLL CALL: CARRIED. MRS. KOSTENBADER YES MR. GILLIAMS YES MR. NICOLINI YES MR. METCALF YES DAVID PAUL LAROSE CASE# 90-4544 ASSISTANT CITY ATTORNEY QUESTIONED MR. NiCHOLSON, CODE ENFORCEMENT OFFICER, CONCERNING THIS CASE. MR. NICHOLSON STATED THAT CASE # 90-4544 WAS ORIGINALLY NOTED ON OCTOBER 19, 1990. ORIGINALLY THIS VIOLATION WAS 3 RV'S ON ONE RESIDENTIAL LOT WITH ONE ILLEGALLY PARKED IN FRONT OF THE HOUSE. IT WAS PARTIALLY CORRECTED IN THAT 2 RV'S WERE REMOVED FROM THE PROPERTY. HOWEVER, THE THIRD RV WAS NOT AND WE SENT A LETTER ON 10/22/90. THAT LETTER WAS FOR THE LAWN TRAILER BEING PARKED IN FRONT OF THE HOUSE. ON 11/5/90 THE BOAT WAS REMOVED & ON 11/8/90 THE RV WAS REMOVED. THE UTILITY TRAILER AT THAT TIME HAD NOT BEEN REMOVED AND WAS PARKED IN FRONT OF THE DWELLING. MR. NICHOLSON STATED AS OF THIS DATE 11/21/90 THIS VIOLATION HAD BEEN CORRECTED. MR. LAROSE STATED HE WOULD NOT ILLEGALLY PARK HiS LAWN MOWING TRAILER ANYMORE. STAFF RECOMMENDATION THAT MR. LAROSE BE FOUND IN VIOLATION AND A ONE TIME FINE IMPOSED OF $25.00. A MOTION WAS MADE BY MRS. KOSTENBADER, SECONDED BY MR. NICOLINI WITH REFERENCE TO CASE NUMBER 90-4544 SECTION 20A- 5.16(C)(4) INVOLVING DAVID PAUL LAROSE THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS~ A) FINDING OF FACT THAT MR. LAROSE STORED A BOAT, TRAVEL TRAILER AND UTILITY TRAILER IN VIOLATION OF THE ABOVE ORDINANCE. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IN VIOLATION OF CHAPTER 20A, SECTION 5.16(C)(4) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN. CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/21/90 PAGE 5 C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) A FINE OF $25.00 IS IMPOSED. ROLL CALL: CARRIED. MRS. KOSTENBADER YES MR. GILLIAMS YES MR. NiCOLINI YES MR. METCALF YES JAMES MALONE CASE #90-4360 JAMES MALONE WAS NOT PRESENT AT THE MEETING. ASSISTANT CITY ATTORNEY QUESTIONED MR. ROBERT NICHOLSON CONCERNING THIS CASE. ON 9/11/90 AN OLD AUTO WAS OBSERVED IN THE DRIVEWAY AND A STACK OF OLD TIRES ON SIDE OF THE HOUSE. MR. NICHOLSON LEFT A NOTE AND IT WAS NOT CORRECTED. ON 9/18/90 THE AUTO WAS REMOVED BUT THE TIRES WERE NOT. ON 9/28/90 A LETTER WAS SENT GRANTING THEM 30 DAYS TO REMOVE THE TIRES. A RECHECK ON 11/1/90 INDICATED THAT THE TIRES WERE MOVED FROM THE SIDE OF THE HOUSE TO THE REAR OF THE HOUSE. THERE IS ALSO A JUNK PICKUP IN REAR YARD THAT WAS ADDED TO THE PREMISES AFTER THE LETTER WAS SENT. STAFF RECOMMENDS THAT JAMES MALONE BE FOUND IN VIOLATION OF 12-31 OF THE CODE OF ORDINANCES AND A FINE BE IMPOSED OF $100.00 IMMEDIATELY AND THE VIOLATOR BE GIVEN 15 DAYS FROM THE DATE HE RECEIVES THE ORDER TO COMPLY. IF HE DOES NOT COMPLY WITHIN THAT TIME, A FINE PER DAY BE IMPOSED LEAVING THE AMOUNT UP TO THE BOARD. A MOTION WAS MADE BY MR. METCALF, SECONDED BY MRS. NICOLINI WITH REFERENCE TO CASE NUMBER 90-4360 SECTION 12-31 iNVOLVING JAMES & HAFFEY MALONE THAT THE BOARD MAKES THE FOLLOWING DETERMINATIONS: A) FINDING OF FACT THAT A STACK OF OLD TIRES & JUNK VEHICLES WERE ON THE PROPERTY CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/21/90 PAGE 6 B) C) D) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IN VIOLATION OF SECTION 12-31 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. AN "ORDER OF ENFORCEMENT" IS WARRANTED. A FiNE OF $100.00 IS IMPOSED. IF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WITH BY i WEEK FROM THE DATE HE RECEIVES THE ORDER. A FINE OF $50.00 PER DAY SHALL BE IMPOSED. ROLL CALL, MRS. KOSTENBADER YES MR. GILLIAMS YES MR. NICOLINI YES MR. METCALF YES CARRIED. BOARD ATTORNEY REQUESTS AND REPORTS, THE BOARD ATTORNEY REQUESTED THAT THE PROPOSED MOTION BE DONE AS PART OF STAFF RECOMMENDATION. THE PROPOSED MOTION SHOULD BE PREPARED AHEAD OF TIME AS PART OF THE PACKET FOR THE BOARD MEMBERS AND THE BOARD COULD CHANGE IT AS THEY WISH. BUILDING OFFICIAL'S MATTERS, NONE GENERAL DISCUSSION, NONE PUBLIC INPUT, NONE ADJOURN: A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MRS. KOSTENBADER TO ADJOURN THE MEETING AT 3:20 P.M. CARRIED. Minutes approved at the ~ / ~ , 1990 Meeting. Donato Derobe'rtis, Chairman Gerry Kub Board Secretary