HomeMy WebLinkAbout12151993 City of Sebastian
1225 Main St:reel: SEBASTiAN, FLORIDA
TELEPHONE (407) 589-5330 I:~ FAX (407) 589-5570
32958
SEBASTIAN CODE ENFORCEMENT BOARD
REGULAR MEETING
DECEMBER 15~ 1993 - 2:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 17, 1993
ATTORNEY'S MATTERS:
OLD BUSINESS:
CASE #93-8593
DENNIS DERNBACH - COMPLIED & AMEND ORDER
NEW BUSINESS:
CASE# 93-8894, JOHN & LESLIE GEHRIG
BOARD ATTORNEY REQUESTAND 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 Street o SEBASTIAN, FLORIDA, 32958
TELEPHONE (407) 589-5330 n 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, DECEMBER 15, 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
DECEMBER 15~ 1993 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN KOSTENBADER AT
2:02 P.M.
ROLL CALL:
PRESENT:
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
MR. TOZZOLO
MR. METCALF
MR. FISCHER
ATTORNEY LULICH
EXCUSED:
MR. DEROBERTIS
CHAIRMAN GILLIAMS
BRUCE COOPER, BUILDING OFFICIAL
PRESENT: ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER
CHARLES NASH, CITY ATTORNEY
APPROVAL OF MINUTES:
A MOTION WAS MADE BY MR. FISCHER, SECONDED BY MR. METCALF TO
APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON NOVEMBER
17, 1993.
THE MOTION WAS CARRIED.
ATTORNEY'S MATTERS: NONE
OLD BUSINESS:
CASE# 93-8593
DENNIS DERNBACH
CHARLES NASH, CITY ATTORNEY, STATED THE CITY IS ASKING THE
BOARD TO APPROVE AN AMENDMENT TO THE ORDER W~EREBY THE FINE
WOULD ONLY RUN 5 DAYS AFTER SERVICE OF THE ORDER AND TO
PROVIDE AN AFFIDAVIT OF COMPLIANCE TO THE BOARD.
MR. NICHOLSON STATED IF THE OFFENDER IS NOT AT THE HEARING
THEN THE MOTION SHOULD READ THE FINE WOULD BEGIN ON THE DATE
THAT HE WAS NOTIFIED IN ORDER TO HAVE DUE PROCESS.
THE CITY ATTORNEY STATED WHEN THERE IS NOTICE OF VIOLATION
HEARING SERVED, THE VIOLATOR HAS THE OPTION TO APPEAR AT THE
HEARING AND HAS BEEN GIVEN DUE PROCESS. IN THIS PARTICULAR
CASE, STAFF RECOMMENDS THE FINE TO RUN AFTER RECEIPT OF THE
ORDER.
CODE ENFORCEMENT BOARD - REGULAR MEETING - DECEMBER 15~ 1993
PAGE 2
A MOTION WAS MADE BY MR. TOZZOLO TO AMEND HIS ORIGINAL MOTION
TO READ THAT THE RESPONDENT SHALL HAVE 5 CALENDAR DAYS FROM
THE DATE OF RECEIPT OF THE ORDER TO BRING THE PROPERTY INTO
COMPLIANCE OR A $25.00 PER DAY FINE BE IMPOSED. MR. METCALF
SECONDED THE AMENDED MOTION.
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
YES
YES
YES
YES
YES
MOTION CARRIED.
MR. NICHOLSON STATED HE HAD CHECKED THE PROPERTY AND MR.
DERNBACH WAS IN COMPLIANCE. THE AFFIDAVIT OF COMPLIANCE WAS
DATED 12/8/93. THE PROPERTY IS IN COMPLIANCE NOW.
A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. FISCHER TO
ACCEPT THE AFFIDAVIT OF COMPLIANCE.
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
YES
YES
YES
YES
YES
MOTION CARRIED.
NEW BUSINESS:
CASE# 93-8894
JOHN & LESLIE GEHRIG
ATTORNEY LULICH SWORE IN MR. NICHOLSON. HE GAVE HIS
TESTIMONY REGARDING THIS CASE. THE ALLEGED VIOLATORS WERE
NOT PRESENT. MR. NICHOLSON VISITED THE PROPERTY ON 11/16/93
AT 697 NOBLE STREET (LOT 24, BLOCK 498, UNIT #15). HE FOUND
A VIOLATION OF THE LAND DEVELOPMENT CODE SECTION 20A-
5.16(C)(9) AND THEY HAD MORE THAN TWO RECREATIONAL VEHICLES
ON THE LOT. IN FACT, THEY HAD THREE SEPARATE BOATS, TWO ON
TRAILERS. THE DATE OF THE ORIGINAL NOTICE WAS 11/17/93
CODE ENFORCEMENT BOARD - REGULAR MEETING - DECEMBER 15~ 1993
PAGE 3
WHICH WAS RECEIVED ON 11/19/93 AND SIGNED BY LESLIE GEHRIG.
A RECHECK DATE WAS 11/29/93 FOR COMPLIANCE. THE VIOLATION
STILL EXISTED. THEY WERE NOTIFIED OF THIS HEARING ON 12/3/93
AND SERVED BY CERTIFIED MAIL AND SIGNED BY JOHN GEHRIG. AS
OF 12/13/93, THE PROPERTY WAS IN COMPLIANCE.
THE CITY ATTORNEY STATED THE CITY IS REQUESTING THE BOARD TO
FIND JOHN & LESLIE GEHRIG IN VIOLATION DURING THAT PERIOD OF
TIME BUT TAKE NOTE OF THE FACT THAT THEY ARE IN COMPLIANCE
NOW.
PHOTOS WERE GIVEN TO THE BOARD AS EXHIBITS 1 & 2.
THE CITY ATTORNEY, CHARLES NASH, RECOMMENDED CHANGES TO THE
PROPOSED ORDER.
A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. TOZZOLO TO
ACCEPT THE RECOMMENDATIONS AND FINDINGS AS AMENDED BY THE
CITY.
THE CITY ATTORNEY READ ALL OF THE CHANGES OF THE PROPOSED
ORDER TO THE BOARD. THEY ARE AS FOLLOWS:
FINDINGS OF FACT: THREE (3) BOATS, EACH OF WHICH CONSTITUTES
A SEPARATE RECREATIONAL VEHICLE, LOCATED ON PROPERTY.
CONCLUSIONS OF LAW: PAGE 2 - RESPONDENT, PRIOR TO THIS
HEARING, WAS IN VIOLATION OF SECTION 20A-5.16(C)(9) OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, BUT IS NOW IN
COMPLIANCE. STRIKE THE NEXT THREE PARAGRAPHS IMMEDIATELY
FOLLOWING THAT. CHANGE THE NEXT PARAGRAPH TO READ IF
RESPONDENT REPEATS OR CAUSES A REOCCURRENCE OF THE VIOLATION
ETC.
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
YES
YES
NO
YES
YES
MOTION CARRIED.
THE CITY REQUESTS THAT THE BOARD ADD TO THE FINDINGS OF FACT
THE FOLLOWING PHRASE: THE SIZE OF THE LOT IS LESS THAN
14,999 SQUARE FEET.
CODE ENFORCEMENT BOARD - REGULAR MEETING - DECEMBER .~.5~ 1993
PAGE 4
AN AMENDED MOTION WAS MADE, SECONDED BY MR. TOZZOLO TO ADD TO
THE FINDINGS OF FACT THE PHRASE "THE SIZE OF THE LOT IS LESS
THAN 14,999 SQUARE FEET".
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
YES
YES
YES
YES
YES
MOTION CARRIED.
BOARD ATTORNEY REQUESTS & REPORTS: NONE
THE CITY ATTORNEY ASKED TO BE EXCUSED.
BUILDING OFFICIAL MATTERS: NONE
GENERAL DISCUSSION:
MR. NICOLINI BROUGHT UP A PREVIOUS CASE REGARDING A PERSON
DISCHARGING HiS AIR CONDITIONING UNIT ONTO THE GROUND. THE
CASE WAS DISMISSED SINCE THERE WAS NO ORDINANCE IN THE CITY
AT THAT TIME. HE WANTED TO KNOW IF ANYTHING HAS CHANGED.
MR. NICHOLSON STATED NO NEW ORDINANCE WAS ADOPTED AS FAR AS
HE KNEW. THE BOARD ASKED MR. NICOLINI TO WRITE UP A PROPOSED
ORDINANCE ON THIS SUBJECT AND BRING IT BACK TO THE BOARD FOR
RECOMMENDATION TO THE CITY COUNCIL.
PUBLIC INPUT: NONE
ADJOURN:
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. FISCHER TO
ADJOURN THE MEETING AT 2:40 P.M.
CARRIED.
Minutes approved at the
Gerry K~es,
Board Secretary
~__~~__, 199~ Meeting.
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