HomeMy WebLinkAbout12161992 City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CODE ENFORCEMENT BOARD
REGULAR
DECEMBER 16 ~ 1992 - 2.- OO
AGENDA
CALL TO ORDER
ROLL
APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 21, 1992
NOVEMBER MEETING CANCELLED
ATTORNEY'S MATTERS=
OLD BUSINESS~
BOARD TO AUTHORIZE LIEN TO BE PLACED=
CASE # 91-5923 - JOHN & SHIRLEY FENNO
DISCUSS LETTER DATED 10/20/92 FROM RICHARD TORPY REGARDING
CODE ENFORCEMENT LIENS
DISCUSS REVISED PROPOSED MOTION OF ENFORCEMENT
NE__W BUSINESS=
BOARD ATTORNEY REOUESTS AND REPORTS~
BUILDING OFFICIAL'S MATTERS=
GENERAL DISCUSSION..
PUBLIC INPUT..
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
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 16, 1992 AT 2~O0 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.
CODE ENFORCEMENT BOARD
REGULAR MEETING
DECEMBER 16~ 1992 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:05
P.M.
ROLL CALL:
PRESENT:
MR. HILLIAMS
MR. METCALF
MR. NICOLINI
CHAIRMAN DEROBERTiS
VICE CHAIRMAN FISCHER
ATTORNEY LULICH
EXCUSED:
MRS. KOSTENBADER
MR. TOZZOLO
ALSO EXCUSED:
BRUCE COOPER,
BUILDING OFFICIAL
RICHARD TORPY,
ASSISTANT CITY ATTORNEY
ROBERT NICHOLSON,
CODE ENFORCEMENT OFFICER
APPROVAL OF MINUTES:
A MOTION WAS MADE BY MR. GILLIAMS, SECONDED BY MR. METCALF TO
APPROVE THE MINUTES OF THE REHULAR MEETINH HELD ON OCTOBER
21, 1992.
MOTION CARRIED.
ATTORNEY'S MATTERS: NONE
OLD BUSINESS:
BOARD TO AUTHORIZE LIEN TO BE PLACED ON JOHN & SHIRLEY FENNO
CASE # 91-5923:
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO
RECORD THE LIEN ON CASE # 91-5923 FOR FENNO AND INSTRUCT THE
CITY TO PLACE THE LIEN.
DURING DISCUSSION, MR. NICOLINI ASKED CAN THE BOARD ADD THE
COST OF RECORDING A LIEN TO ITS MOTION. ATTORNEY LULICH
STATED NOT UNLESS IT STATES IT IN THE ORDER FIRST. MR.
NICOLINI ALSO ASKED ON THE MOTION OF ENFORCEMENT COULD THE
BOARD INCLUDE "A LIEN SHALL BE RECORDED IN THE PUBLIC RECORDS
CODE ENFORCEMENT BOARD - REGULAR MEETING - DECEMBER 16~ 1992
PAGE 2
OF INDIAN RIVER COUNTY, FLORIDA TO INCLUDE THE FINE PLUS
COSTS OF IMPOSING THE FINE." THE BOARD ATTORNEY WILL
RESEARCH THIS FOR THE NEXT MEETING.
MOTION CARRIED.
LETTER DATED 10/20/92 FROM RICHARD TORPY REGARDING CODE
ENFORCEMENT LIENS:
CHAIRMAN DEROBERTIS STATED THE LETTER WAS SELF-EXPLANATORY
AND THAT THERE IS NOT TOO MUCH MORE TO BE SAID BECAUSE THE
BOARD WILL PURSUE THE ADDED COSTS TO LIENS.
DISCUSS REVISED PROPOSED MOTION OF ENFORCEMENT:
MR. NICOLINI STATED THAT HE WAS A LITTLE UNCOMFORTABLE WITH
THE WORD COMMANDED IN THE FOLLOWING SENTENCE, "IT IS
COMMANDED THAT AFTER THIS TIME IF THE FINE IS NOT PAID AN
ORDER IMPOSING LIEN SHALL BE RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA." HE THOUGHT IT SHOULD BE
RECOMMEND.
ATTORNEY LULICH STATED THAT HIS INSERTION OF THE WORD
COMMANDED WAS DRAFTED SPECIFICALLY TO ALIGN WITH THE
ORDINANCES AND STATUTES. HIS RESEARCH HAS SHOWN THAT THE
BOARD CAN COMMAND THAT A LIEN BE RECORDED AND THAT IS WHY IT
WAS PUT INTO THE MOTION OF ENFORCEMENT. THE BOARD WILL
CONTINUE TO USE THIS FORM.
MR. NICOLINI BROUGHT UP THE REVISED STATUS REPORT FOR
DECEMBER. THERE ARE FOUR OR FIVE OF THEM LISTED THAT MIGHT
BE DELETED TO MAKE THE LIST MORE CONCISE. HE ASKED ABOUT
BREVARD ROOFING/TOLIVERT, CASE # 87-528, WHICH STAFF CAN'T
LOCATE. ATTORNEY LULICH STATED IF BREVARD ROOFING WAS
INCORPORATED, STAFF COULD CONTACT SECRETARY OF STATE TO TRY
TO OBTAIN A CURRENT ADDRESS. IF THEY ARE NO LONGER IN
BUSINESS, IT MIGHT NOT PAY TO DO ANYTHING IF THE LiEN IS ONLY
AGAINST BREVARD ROOFING. IF THEY STILL ARE A CORPORATION BUT
THEY HAVE CHANGED THEIR ADDRESS AND HAVE NOT NOTIFIED THE
SECRETARY OF STATE, THEN A LIEN ON THE RECORD WOULD LAST FOR
20 YEARS. IT IS THE CHOICE OF THE BOARD WHETHER TO RECORD
THE LIEN. MR. NICOLINI SAID PERHAPS THE BOARD MIGHT WANT TO
WAIT TO THE NEXT MEETING TO SEE WHAT THE CITY WANTS TO DO.
CODE ENFORCEMENT BOARD - REGULAR MEETING - DECEMBER 16~
PAGE 3
1992
MR. NICOLINI ASKED IF GRA_NSTAFF, CASE # 89-2688, CASE CLOSED,
COULD BE TAKEN OFF THE LIST. THE BOARD SECRETARY STATED SHE
WOULD KEEP A COPY OF EACH MONTH'S REPORT. SHE WOULD DELETE
THE CASES OFF THE REPORT ONCE THEY WERE REPORTED CLOSED.
NEW BUSINESS: NONE
BOARD ATTORNEY REQUESTS AND REPORTS:
BUILDING OFFICIAL'S MATTERS: NONE
GENERAL DISCUSSION: NONE
PUBLIC INPUT: NONE
ADJOURN:
NONE
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY VICE CHAIRMAN
FISCHER TO ADJOURN THE MEETING AT 2:30 P.M.
CARRIED.
Minutes approved at the ~ ~O , 1992 Meeting.
~-Donato Derobertis, Chairman
~rry KuWe s',
Board Secretary