HomeMy WebLinkAbout10021989 CODE ENFORCEMENT BOARD
SPECIAL MEETING
OCTOBER ~ 1989 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:00
P.M.
ROLL CALL:
PRESENT:
MR. GILLIAMS
MRS. KOSTENBADER
VICE CHAIRMAN FISCHER
ATTORNEY LULICH
MR. LINDSEY
CHAIRMAN DEROBERTIS
ABSENT: MR. VICKERS - UNEXCUSED
ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL; GEORGE
BONACCI, CHIEF BUILDING INSPECTOR; ASSISTANT CITY ATTORNEY
RICHARD TORPI
ATTORNEY MATTERS: NONE
OLD BUSINESS: NONE
NEW BUSINESS:
CASE# 89-2688
ROBERT GRANDSTAFF
AFTER MR. BRUCE COOPER WAS SWORN IN BY ASSISTANT CITY
ATTORNEY TORPI, HE GAVE HIS TESTIMONY CONCERNING CASE # 89-
2688, HE STATED THE VIOLATIONS OCCURRED ON FEBRUARY 4, 1989
AT 501 GERALD STREET, SEBASTIAN, FLORIDA. MR. ROBERT
GRANDSTAFF WAS HIRED BY MRS. IDA WILLIAMS FOR A FLAT ROOF
REPLACEMENT ON REAR OF HER HOUSE. MR. GRANDSTAFF WAS IN
VIOLATION OF CODE 7-20 (FAILURE TO OBTAIN A PERMIT), CODE 7-
99 (NOT LICENSED IN CITY OF SEBASTIAN) AND CODE 7-16
(INSTALLING IMPROPER ROOF COVERINGS).
NOTICE WAS GIVEN TO MR. GRANDSTAFF BY SPECIAL SERVICE (ASAP).
LETTER WAS SENT SEPTEMBER 12, 1989 ALONG WITH NOTICE OF
VIOLATIONS OF HEARING. ALSO SECOND NOTICE WAS ALSO SENT BY
SPECIAL SERVICE (ASAP) FOR NEW DATE OF HEARING. NO
VIOLATIONS HAVE BEEN CORRECTED AS OF THIS DATE (OCTOBER 2,
1989).
RECOMMENDATION BY BRUCE COOPER WAS MAXIMUM PENALTY OF $250
FINE FOR VIOLATIONS AND TO CORRECT VIOLATIONS WITHIN 10 DAYS.
A NEW ROOF SHOULD BE INSTALLED PROPERLY UNDER BUILDING CODES
WITH PERMIT AND BY A LICENSE CONTRACTOR OF THE CITY OF
SEBASTIAN OR PAY TOTAL RESTITUTION TO MRS. WILLIAMS FOR THE
WORK DONE. IF MR. GRANDSTAFF DOES NOT CORRECT VIOLATION BY
CODE ENFORCEMENT BOARD - OCTOBER 2, 1989
CASE# 89-2688
PAGE 2
10 DAYS, A FINE OF $250 PER DAY SHOULD BE IMPOSED.
MR. GRANDSTAFF DID NOT APPEAR AT THIS HEARING.
MR. KINSELL (STEP SON OF MRS. WILLIAMS) WAS SWORN IN BY
ATTORNEY LULICH. HE STATED MR. GRANDSTAFF WAS RECOMMENDED BY
A FRIEND. HE GUARANTEED ROOF FOR 1 YEAR. ONE (1) MONTH
LATER THE ROOF WAS STILL LEAKING. MR. KINSELL AND MRS.
WILLIAMS HAD CONTACTED MR. GRANDSTAFF A NUMBER OF TIMES BY
PHONE AND A LETTER. MR. GRANDSTAFF NEVER CONTACTED EITHER OF
THEM.
MOTION BY MR. GILLIAMS AND SECONDED BY MR. LINDSEY THAT IN
REFERENCE TO CASE #89-2688 INVOLVING ROBERT GRANDSTAFF THAT
THE BOARD MAKE THE FOLLOWING DETERMINATION:
A) FINDINGS OF FACT: MR, GRANDSTAFF REPAIRED A ROOF LOCATED
AT 501 GERALD STREET, SEBASTIAN, FLORIDA AND WAS iN VIOLATION
OF CODE 7-99 (NO PERMIT) AND 7-20 (NO LICENSE IN CITY OF
SEBASTIAN) AND 7-16 (IMPROPER ROOF COVERINGS).
B) THE VIOLATION INFACT DID OCCUR AND THE ALLEGED VIOLATOR
COMMITTED THE VIOLATION.
C) AN "ORDER OF ENFORCEMENT" IS WARRANTED.
D) A $250 FINE IS TO BE IMPOSED FOR FAILURE TO OBTAIN A
PERMIT AND A SEBASTIAN CONTRACTOR'S LICENSE. THE SAID
VIOLATOR HAS 10 DAYS TO HAVE THE ROOF REPAIRED BY A LICENSED
CONTRACTOR IN THE CITY OF SEBASTIAN WITH A PERMIT OR MAKE
RESTITUTION OF $700 TO OWNER, MRS. WILLIAMS. IF THE ORDER OF
ENFORCEMENT IS NOT COMPLIED WITH BY 10 DAYS, A FINE OF $250
PER DAY SHALL BE IMPOSED.
MOTION CARRIED.
ATTORNEY LULICH STATED THAT THERE SHOULD BE TWO SEPARATE
MOTIONS.
ATTORNEY LULICH STATED A MOTION AS FOLLOWS:
I HEREBY MOVE THAT, WITH REFERENCE TO CASE NUMBER 89-2688
INVOLVING ROBERT GRANDSTAFF THAT THE BOARD MAKE THE FOLLOWING
DETERMINATION:
A) FINDINGS OF FACT: MR. GRANDSTAFF WAS IN VIOLATION OF
CODES 7-99 (NO PERMIT) AND 7-20 (NO SEBASTIAN CONTRACTOR'S
LICENSE) AT 501 GERALD STREET, SEBASTIAN, FLORIDA.
CODE ENFORCEMENT BOARD - OCTOBER 2~ 1989
CASE # 89-2688
PAGE 3
B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR
COMMITTED THE VIOLATION.
C) AN "ORDER OF ENFORCEMENT" IS WARRANTED.
D) IN THE EVENT THE VIOLATOR FAILS TO CORRECT THE SAID
VIOLATIONS WITHIN THE 'rIME ALLOWED, A $250 FINE SHOULD BE
IMPOSED.
MR. GILLIAMS STATED MOTION STANDS AS READ BY ATTORNEY LULICH
AND MR. LiNDSEY SECONDED IT.
MOTION CARRIED.
ATTORNEY LULICH STATED THAT THE FIRST LENGTHLY MOTION SHOULD
BE RESCINDED. THE FIRST MOTION WAS RESCINDED BY MR.
GILLIAMS AND THE SECONDED BY MR. LINDSEY.
ATTORNEY LULICH STATED ANOTHER MOTION AS FOLLOWS:
"I HEREBY MOVE THAT, WITH REFERENCE TO CASE NUMBER 89-2688
INVOLVING ROBERT GRANDSTAFF THAT THE BOARD MAKE THE FOLLOWING
DETERMINATION:
A) FINDINGS OF FACT: MR. ROBERT GRANDSTAFF IMPROPERLY
INSTALLED ROOF COVERINGS IN VIOLATION OF CHAPTER 7, SECTION
16 AT 501 GERALD STREET, SEBASTIAN, FLORIDA. HE HAS 10 DAYS
WITHIN WHICH TO EFFECTUATE REPAIR BY A LICENSED CONTRACTOR
AND APPLICABLE BUILDING PERMIT OR MAKE RESTITUTION OF $700 TO
MRS. WILLIAMS, OWNER.
B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR
COMMITTED THE VIOLATION.
C) AN "ORDER OF ENFORCEMENT" IS WARRANTED.
D) IF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WITH BY 10
DAYS, A FINE OF $250 P~R~DAY SHALL BE IMPOSED.
MR. GILLIAMS MADE MOTION AND MR. LINDSEY SECONDED IT.
MOTION CARRIED.
FOR THE RECORD CHAIRMAN DEROBERTIS STATED AS FAR AS THE CITY
IS CONCERNED THEY WILL BE LENIENT WITH THE HOME OWNER, MRS.
WILLIAMS, UNTIL THIS MATTER IS RESOLVED.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 2:50
P.M.
SEBASTIAN CODE ENFORCEMENT BOARD
SPECIAL MEETING
OCTOBER 2, 1989 - 2:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
REGARDING: UNLICENSED SUBCONTRACTOR
ROBERT GRANDSTAFF
CASE # 89-2688
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 COmE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WILL HOLD THEIR SPECIAL MEETING ON
MONDAY, OCTOBER 2, 1989 AT 2:00 P.M. IN THE CITY COUNCIL
CHAMBERS.
G. MURTAGH, 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL
IS BASED.