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HomeMy WebLinkAbout10301989 CODE ENFORCEMENT BOARD SPECIAL MEETING OCTOBER 30, 1989 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:00 P.M. ROLL CALL: PRESENT: MR. VICKERS MR. GILLIAMS VICE CHAIRMAN FISCHER MRS. KOSTENBADER ATTORNEY LULICH MR. LINDSEY CHAIRMAN DEROBERTIS ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL; ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER; ASSISTANT CITY ATTORNEY RICHARD TORPY APPROVAL OF MINUTES: MOTION BY MR. LINDSEY, SECONDED BY MR. VICKERS TO APPROVE THE MINUTES OF MEETING HELD SEPTEMBER 20, 1989 AS WRITTEN CARRIED MOTION BY MR. LINDSEY, SECONDED BY VICE CHAIRMAN FISCHER TO APPROVE THE MINUTES OF MEETING HELD OCTOBER 2, 1989 AS WRITTEN. CARRIED ATTORNEY MATTERS: NONE OLD BUSINESS: NONE NEW BUSINESS: CASE# 89-2610 PETER AND JUDITH ANN BALDANZA ATTORNEY LULICH SWORE IN ALL VIOLATORS PRESENT AT MEETING. ASSISTANT CITY ATTORNEY TORPY QUESTIONED ROBERT NiCHOLSON, CODE ENFORCEMENT OFFICER. MR. NICHOLSON STATED HE FIRST SPOTTED VIOLATION ON 9/1/89. SEPTEMBER 4, 1989 A LETTER WAS SENT STATING VIOLATION LAND DEVELOPMENT CODE 20A5.16 (B)(4) PROHIBITING STORAGE OF BOAT FORWARD OF SET BACK LINE. NO CORRECTION MADE AFTER LETTER WAS SENT. ASAP (SPECIAL SERVICE) DELIVERED NOTICE OF VIOLATION HEARING ON OCTOBER 21, 1989 TO MR. BALDANZA. CODE ENFORCEMENT BOARD - OCTOBER 30, 1989 CASE# 89-2610 PAGE 2 ATTORNEY LULICH READ VIOLATION CODE 20A5.16 (B)(4) & (C)(4) TO MR. BALDANZA. ASSISTANT CITY ATTORNEY TORPY AMENDED CODE TO READ 20A 5.16(C) (4). PHOTOGRAPHS WERE GIVEN TO THE BOARD FOR REVIEW AS EVIDENCE. MR. BALDANZA REQUESTED TO SPEAK TO THE BOARD AND GIVE A BRIEF RUN-DOWN OF THE CASE. MR. COOPER GAVE HIS RECOMMENDATION - HAS 10 DAYS FROM OCTOBER 30, 1989 TO MOVE BOAT BACK AND IF NOT CORRECTED A $25.00 FINE CONCURRENT FOR EACH DAY. MOTION BY MR. LINDSEY, SECONDED BY MR. VICKERS THAT IN REFERENCE TO CASE #89-2610 INVOLVING PETER BALDANZA THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. BALDANZA HAD A BOAT STORED FORWARD OF THE SETBACK LINE IN VIOLATION OF THE LAND DEVELOPMENT CODE 20A5.16(C)(4). 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 $25.00 PER DAY SHALL BE IMPOSED. MOTION CARRIED. CASE #89-2722 WILLIAM BARBER ATTORNEY LULICH ASKED MR. BARBER IF HE WANTED VIOLATIONS READ TO HIM. MR. BARBER SAID IT WOULD NOT BE NECESSARY. ASSISTANT CITY ATTORNEY TORPY ASKED ROBERT NICHOLSON, CODE ENFORCEMENT OFFiCER~ QUESTIONS CONCERNING CASE# 89-2722. ON 9/25/89 ROBERT NICHOLSON RECEIVED COMPLAINT OF STORAGE SHED IN SETBACKS. AFTER MEASURING, MR. NICHOLSON ORDERED A LETTER SENT 9/27/89 STATING VIOLATION OF CODE 20A-3.4 & 20A-5.7. SHED NOT MOVED BY 10/9/89. EXTENSION GRANTED TO 10/16/89. NOT MOVED ON THAT DATE. 10/16/89 ORDERED NOTICE OF VIOLATION HEARING. CODE ENFORCEMENT BOARD - OCTOBER 30, 1989 CASE #89-2722 PAGE 3 THE PROPERTY WAS iN COMPLIANCE AFTER THE TIME ALLOWED. PHOTOGRAPHS WERE GIVEN FOR REVIEW TO THE BOARD AS EVIDENCE. ASSISTANT CITY ATTORNEY TORPY AMENDED VIOLATION OF THE LAND DEVELOPMENT CODE TO READ 20A-3.4(D)(6) AND 20A-5.7(B). MR. BARBER GAVE A BRIEF RUN-DOWN OF THE CASE TO THE BOARD. MR. COOPER MADE HIS RECOMMENDATION - MR. BARBER HAS 14 DAYS TO TIE DOWN SHED AND CALL FOR FINAL INSPECTION, NO FINE RECOMMENDED AT THiS TIME. AFTER A BRIEF DISCUSSION A MOTION WAS MADE BY MR. VICKERS, SECONDED BY MRS. KOSTENBADER THAT IN REFERENCE TO CASE #89- 2722 INVOLVING WILLIAM BARBER THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. BARBER WAS IN VIOLATION OF 20A-3.4 (D)(6) AND 20A 5.7(B) CONSTRUCTED A UTILITY SHED FORWARD OF SETBACK LINE. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) THE VIOLATOR HAS 14 DAYS TO TIE DOWN THE SHED BEYOND THE SET BACK LiNE ACCORDING TO CODE SPECIFICATIONS. NO FINE IMPOSED. MOTION CARRIED. CASE #89-2822 JONES EARL KIGHT, JR. ATTORNEY LULICH READ THE CHARGES TO MR. KIGHT, CODE OF ORDINANCES 7-20. ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, TESTIFIED THAT HE INSPECTED MR. KIGHT'S PROPERTY ON 10/10/89 AND FOUND A FENCE ERECTED WITH NO PERMIT. A LETTER WAS SENT 10/13/89 AND HAD UNTIL 10/19/89 TO CORRECT THIS VIOLATION. HE WAS SUMMONS TO BOARD ON OCTOBER 20, 1989. PHOTOGRAPHS GIVEN AS EVIDENCE. MR. KIGHT HAD REQUESTED TO SPEAK TO THE BOARD AND GIVE A BRIEF RUN-DOWN OF THE CASE. CODE ENFORCEMENT BOARD - OCTOBER 30, 1989 CASE #89-2822 PAGE 4 MR. COOPER RECOMMENDED THAT MR. KIGHT OBTAIN A FENCE PERMIT OR REMOVE THE FENCE WITHIN 5 DAYS. FAILURE TO COMPLY A $25.00 FINE PER DAY WOULD BE IMPOSED. MOTION BY MR. LINDSEY, SECONDED BY VICE CHAIRMEN FISCHER THAT WITH REFERENCE TO CASE # 89-2822 INVOLVING JONES EARL KIGHT THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. KIGHT HAD ERECTED A FENCE WITHOUT A PERMIT WHICH WAS IN VIOLATION OF THE LAND DEVELOPMENT CODE 7-20. B) THE VIOLATION iN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) THE VIOLATOR HAS 5 DAYS WITHIN WHICH TO OBTAIN A PERMIT OR REMOVE THE FENCE. IF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WiTH BY 5 DAYS, A FINE OF $25.00 PER DAY SHALL BE IMPOSED. MOTION CARRIED. CASE # 89-2801 JONES EARL KIGHT ATTORNEY LULICH STATED THE CHARGES OF THE LAND DEVELOPMENT CODE 12-30 & 31 AND 16-1 & 16-2 AGAINST MR. KIGHT. HE DIDN'T NEED THE CHARGES READ TO HIM. ASSISTANT CITY ATTORNEY TORPY ASKED MR. NICHOLSON FOR HIS TESTIMONY. MR. NICHOLSON iNSPECTED MR. KIGHT'S PROPERTY ON OCTOBER 10, 1989. THERE WAS A JUNK AUTO AND DEBRIE IN DRIVEWAY. ON 9/7/89 A VIOLATION LETTER WAS SENT PRIOR TO THIS VIOLATION. UNDER REVISED CODE HE DIDN'T NEED ANOTHER NOTICE SENT. 10/19/89 MR. NICHOLSON DELIVERED THE NOTICE OF VIOLATION HEARING. PHOTOGRAPHS WERE GIVEN TO BOARD MEMBERS FOR REVIEW AS EVIDENCE. MR. KIGHT GAVE HIS BRIEF RUN-DOWN OF THE CASE TO THE BOARD. ASSISTANT CiTY ATTORNEY TORPY CROSS-EXAMINED HIM. IT WAS DETERMINED THAT AS OF MARCH 1987 MR. KIGHT HAD AN EXISTING LIEN AGAINST HIM OF $2,900 FOR A PREVIOUS VIOLATION. CODE ENFORCEMENT BOARD - OCTOBER 30, 1989 CASE# 89-2801 PAGE 5 AFTER A BRIEF DISCUSSION, MR. COOPER GAVE HIS RECOMMENDATION: REMOVE JUNK CARS AND DEBRIS WITHIN 72 HOURS OR A $250.00 FINE PER DAY SHOULD BE IMPOSED. AFTER A BRIEF DISCUSSION A MOTION WAS MADE BY MR. GILLIAMS AND SECONDED BY MR. VICKERS THAT WITH REFERENCE TO CASE # 89- 2801 INVOLVING JONES EARL KIGHT THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. KIGHT WAS IN VIOLATION OF THE LAND DEVELOPMENT CODES 12-30, 12-31 AND 16.1, 16.2., STORING JUNK CARS AND DEBRIS. 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 72 HOURS, A FINE OF. $250.00 PER DAY SHALL BE IMPOSED. MR. GILLIAMS AMENDED MOTION TO EXCLUDE JUNK AUTO AND MR. VICKERS SECONDED THE MOTION. AFTER BRIEF DISCUSSION, AMENDED MOTION AND SECONDED WAS RESCINDED. MOTION CARRIED. THERE WAS A SHORT RECESS. CHAIRMAN DEROBERTIS ASKED ABOUT THE GRANDSTAFF CASE. ASSISTANT CITY ATTORNEY TORPY SUGGESTED NO ACTION BE TAKEN AT THIS TIME. MATTER WAS SET ASIDE. CASE # 89-2156 JAMES MALONE JAMES MALONE, ALLEGED VIOLATOR, DID NOT APPEAR AT THIS HEARING. ASSISTANT CITY ATTORNEY TORPY ASKED MR. NICHOLSON, CODE ENFORCEMENT OFFICER, FOR HIS TESTIMONY. ON JUNE 22, 1989 MR. NICHOLSON STATED THAT MR. MALONE WAS OPERATING A LAWN MAINTENANCE BUSINESS WITHOUT A LICENSE (CODE 20A.6.1). JULY 3, 1989 AND AUGUST 7, 1989 NEVER APPLIED FOR LICENSE. OCTOBER 7, 16, 17, 1989 MR. NICHOLSON TRIED TO CONTACT CODE ENFORCEMENT BOARD - OCTOBE 30! 1989 CASE #89-2156 PAGE 6 MR. MALONE. NOTICE OF VIOLATION HEARING WAS SENT 9/20/89 BY ASAP (SPECIAL SERVICE). PHOTOGRAPHS WERE GIVEN AS EVIDENCE. MR. MALONE'S TRAILER HAD JIM'S LAWN SERVICE AND PHONE NUMBER PRINTED ON IT. MR. NICHOLSON CALLED THAT PHONE NUMBER AND A RECORDING STATED TEMPORARILY OUT OF BUSINESS DUE TO ILLNESS IN FAMILY. ASSISTANT CiTY ATTORNEY TORPY AMENDED VIOLATION TO READ 20A- 6.1 (C)(14). MR. COOPER'S RECOMMENDATION WAS TO GIVE MR. MALONE 14 DAYS TO REMOVE ALL ADVERTISING FROM VEHICLES OR OBTAIN HOME OCCUPATIONAL LICENSE. IF HE DOES NOT COMPLY, A $25.00 FINE PER DAY SHOULD BE IMPOSED. MOTION BY MR. GILLIAMS, SECONDED BY MR. LINDSEY THAT WITH REFERENCE TO CASE #89-2156 INVOLVING JAMES MALONE THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: THE ALLEGED VIOLATOR, JAMES MALONE, WAS IN VIOLATION OF THE LAND DEVELOPMENT CODE 20A 6.1(C)(14) OPERATING A LAWN MAINTENANCE BUSINESS FROM HOME AND CODE 14.3 WITHOUT BEING LICENSED. B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) THE ALLEGED VIOLATOR HAS 14 DAYS TO REMOVE ALL ADVERTISEMENTS OFF HIS VEHICLE OR OBTAIN AN OCCUPATIONAL LICENSE. IF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WITH BY 14 DAYS, A FINE OF $25.00 PER DAY SHALL BE IMPOSED. VICE CHAIRMAN FISCHER VOTED NAY ON THIS MOTION. MOTION WAS CARRIED. BUILDING OFFICIAL MATTERS: NONE ATTORNEY'S REQUEST: ATTORNEY LULICH APPROACHED THE BOARD CONCERNING PROCEDURES. IF ANYONE HAS EVIDENCE ON A CASE, ALWAYS TAKE IT FOR THE RECORD. SHOULD TRY TO STAY wITH MATTERS RELATING TO THE SPECIFIC COMPLAINT. WHEN MAKING A MOTION STATE THE FACTS AND THE CODE. LIENS ARE RECORDED STATING SO MUCH MONEY IS OWED. CAN COLLECT BY AUTO, EMPLOYMENT OR SECONDARY PROPERTY. FLORIDA HOMESTEAD LAWS STATE CANNOT TAKE A PRIMARY HOME AWAY FROM OWNER. MEETING WAS ADJOURNED AT 4:35 P.M. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 30~ 1989 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 20, 1989 SPECIAL MEETING OF OCTOBER 2, 1989 ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: BOARD ATTORNEY REQUESTS 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 a SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 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, WILL HOLD THEIR REGULAR MEETING ON MONDAY, OCTOBER 30, 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.