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Home My WebLink About11151989 CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 15, 1989 - 2:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN DEROBERTIS AT 2:00 P.M. ROLL CALL: PRESENT: MRS. KOSTENBADER MR. VICKERS MR. GILLIAMS ATTORNEY LULICH CHAIRMAN DEROBERTIS EXCUSED: VICE CHAIRMAN FISCHER MR. LINDSEY ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL; ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER; ELISE SINGER FROM THE CITY ATTORNEY'S OFEICE APPROVAL OF MINUTES: MOTION BY MR. VICKERS, SECONDED BY MR. GILLIAMS TO APPROVE THE MINUTES OF MEETING HELD OCTOBER 30, 1989 AS WRITTEN. CARRIED ATTORNEY MATTERS: NONE OLD BUSINESS: NONE NEW BUSINESS: CASE# 89-2383 JAMES DOLLINS ATTORNEY LULICH SWORE IN MR. DOLLINS STATING THAT MR. DOLLINS WASAIN VIOLATION OF SECTION 12-31 OF THE CODE OF ORDINANCE. ELISE SINGER, CITY ATTORNEY'S OFFICE, QUESTIONED ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER. MR. NICHOLSON STATED AS OF 10/7/89 THE GREEN DODGE STATION WAGON WAS NOT REMOVED. A NOTICE OF VIOLATION HEARING WAS DELIVERED BY ASAP (SPECIAL SERVICE) ON NOVEMBER 5, 1989. PHOTOGRAPHS WERE GIVEN TO THE BOARD FOR REVIEW. THE VEHICLE WAS REMOVED 11/15/89. MR. DOLLINS GAVE A BRIEF RUN DOWN OF THE CASE. MR. DOLLINS RENTS HIS PROPERTY AND THE VEHICLE IN VIOLATION BELONGS TO THE RENTER. MR. DOLLINS CALLED EARLIER IN THE WEEK TO HAVE THE CAR REMOVED. IT FINALLY WAS REMOVED BY 11/15/89. MR. COOPER RECOMMENDED THAT MR. DOLLINS WAS IN VIOLATION OF SECTION 12-31[ OF THE CODE OF ORDINANCE. SINCE MR. DOLLINS CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/15/89 CASE # 89-2383 PAGE 2 HAD THE VEHICLE REMOVED, THERE SHOULD BE NO FINE IMPOSED. THERE WILL BE AN ORDER ISSUED. MOTION BY MR. GiLLIAMS, SECONDED BY MR. ViCKERS THAT IN REFERENCE TO CASE # 89-2383 INVOLVING JAMES R. DOLLINS THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: A) FINDINGS OF FACT: MR. JAMES R. DOLLINS WAS IN VIOLATION OF SECTION 12-31 OF THE LAND DEVELOPMENT CODE (JUNK CAR). B) THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN "ORDER OF ENFORCEMENT" IS WARRANTED. D) NO FINE WAS LEVIED BECAUSE THE VIOLATION WAS CORRECTED. MOTION CARRIED. CASE# 89-2896 DAVID AND BEATRICE BENHAM DAVID AND BEATRICE BENHAM DID NOT APPEAR AT THE HEARING. ELISE SINGER, CITY ATTORNEY'S OFFICE, QUESTIONED MR. NICHOLSON CONCERNING VIOLATION 20A-5.16.1(B). JUNE 7, 1.989 MR. NICHOLSON SPOTTED A LARGE DUMP TRUCK AND FARM TRACTOR AT 926 STARFLOWER AVENUE. THREE (3) NOTICES WERE ISSUED. 8/28/89 THE TRACTOR WAS REMOVED. WHEN MR. BENHAM WAS TOLD HE WOULD BE BROUGHT BEFORE THE BOARD, HE SAID HE WOULD REMOVE TRUCK. HE MOVED THE TRUCK TO AN ADJOINING LOT. PHOTOGRAPHS WERE GIVEN TO BOARD FOR REVIEW. A NOTICE OF VIOLATION HEARING WAS DELIVERED BY ASAP (SPECIAL SERVICE) ON NOVEMBER 5, 1989. MR. BENHAM CALLED IN ON 11/]_5/89 AND SAID HE REMOVED THE TRUCK. MR. NICHOLSON REINSPECTED THE PROPERTY ON 11/15/89 AND FOUND MR. BENHAM IN COMPLIANCE. MR. COOPER MADE RECOMMENDATION THAT DAVID & BEATRICE BENHAM WERE IN VIOLATION OF CODE 20A-5.16.1(B) OF THE LAND DEVELOPMENT CODE. NO FINE SHOULD BE IMPOSED BECAUSE THEY HAVE CORRECTED VIOLATION. AN ORDER SHALL BE ISSUED. MOTION BY MR. VICKERS, SECONDED BY MR. GILLIAMS THAT IN REFERENCE TO CASE #89-2896 INVOLVING DAVID & BEATRICE BENHAM THAT THE BOARD MAKE THE FOLLOWING DETERMINATION: CODE ENFORCEMENT BOARD - REGULAR MEETING - 11/15/89 CASE # 89-2896 PAGE 3 A) FINDINGS OF FACT: DAVID & BEATRICE BENHAM WERE IN VIOLATION OF SECTION 20A-5.16.1(B), LAND DEVELOPMENT CODE (STORING TRUCK EXCEEDING ONE (1) TON ON AN ADJOINING LOT) B) THE VIOLATION INFACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. C) AN " ORDER OF ENFORCEMENT" IS WARRANTED. D) NO FINE IMPOSED BECAUSE THE VIOLATION WAS CORRECTED. MOTION CARRIED. BOARD ATTORNEY REQUESTS AND REPORTS: NONE BUILDING OFFICIAL'S MATTERS: NONE THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED AT 2:25 P.M. 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 15, 1989 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - ATTORNEY'S MATTERS: OLD BUSINESS: NEW BUSINESS: SPECIAL MEETING OF OCTOBER 30, 1989 CASE #89-2383 - JAMES CASE #89-2896 - DAVID & BEATRICE BENHAM BOARD ATTORNEY REgUESTS 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 cl SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-S330 FAX 407-589-$570 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 WEDNESDAY, NOVEMBER 15, 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.