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HomeMy WebLinkAbout11181987SEBASTIAN CODE ENFORCEMENT BOARD - NOVEMBER 18f 1987 - 2:00 P.M. MEETING WAS CALL TO ONDER BY VICE CHAIRMAN O'CONNOR. ROLL CALL: PRESENT: MR. GRAY MR. FISCHER MR. MCCOOL MR. LINDSEY (CAME IN LATE) VICE CHAIRMAN O'CONNOR ATTORNEY LULICH ABSENT: CHAIRMAN BLOME - EXCUSED APPROVAL OF MINUTES MOTION BY MR. MCCOOL, SECONDED BY MR. GRAY TO APPROVE THE MINUTES OF MEETfNG HELD 10/28/87 AS READ. CARRIED. ATTORNEY'S MATTERS: ATTORNEY PALMER TOLD THE BOARD THAT THE PROPOSED ORDINANCE THEY HAD RECEIVED WOULD BE GOING BEFORE THE COUNCIL TONIGHT FOR A FIRST READING. IN SUMMARY HE TOLD THE BOARD THE STATE HAS l) SET OUT CRITERIA THE BOARD MUST CONSIDER IN IMPOSING A FINE; 2) MAKES IT EASIER TO GET SERVICE ON A VIOLATOR. OLD BUSINESS: CASE NO. 87-391 - RAZZANO ATTORNEY LULICH SAID THE LAST THING DONE WAS THAT HE HAD DRAFTED A CERTIFICATION OF FiNE ORDER IMPOSING PENALTIES AND LIENS AND THAT IT NEEDED TO BE SIGNED AND RECORDED. IT WAS NOTED THE STATUS OF THIS CASE HAS NOT CHANGED. NOTHING MORE HAS BEEN DONE SINCE THE OCTOBER MEETING. THE FINE BEGAN OCTOBER 19TH AND IS RUNNING AT $25.00 A DAY. CASE NO. 87-528 ~ BREVARD ROOFING, INC. (TOLIVERT) MR. TOLIVERT STATED THAT HE WAS AWARE OF THE VIOLATION. ATTORNEY LULICH READ THE SECTION OF THE CODE HE WAS IN VIOLATION OF. ATTORNEY LULICH SWORE IN MR. COOPER AND MR. TOLIVERT. MR. TOLIVERT STATED THAT HE WAS PART OWNER OF BREVARD ROOFING CO. MR. COOPER STATED THAT MR. TOLIVERT WAS STATE CERTIFIED AND ALL HE HAD TO DO WAS REGISTER HIS LICENSE AND PULL A PERMIT FOR THE JOB DONE AND IT WILL BE PUT IN THE RECORD. SEBASTIAN CODE ENFORCEMENT BOARD - NOVEMBER 18 1987 CASE NO. 87-528 - BREVARD ROOFING, INC. cont. MR. TOLIVERT SAID HE WAS RETIRING BUT THAT HIS PARTNER WOULD REGISTER HIS LICENSE. (MR. FRET) IT WAS SUGGESTED THIS BE DONE BY NOVEMBER 25, 1987. ATTORNEY LULICH ASKED FOR A FINDING OF FACT. MOTION BY MR. MCCOOL THAT CASE NO. 87-528, BREVARD ROOFING, INC. NOT BE RESOLVED UNTIL THE DATE OF 11/25/87 AND AS IT HAS BEEN RESOLVED BY OUR OFFICIALS, IT SEEMS TO BE THE SATISFACTORY WAY TO GO. ATTORNEY LULICH ASKED ATTORNEY PALMER IF THIS CASE WAS BEING DISMISSED BY HIS RECOMMENDATION. ATTORNEY PALMER SAID NO. WITH AN ADMISSION FROM MR. TOLIVERT THAT HE HAD VIOLATED THE CODE, WHICH MR. TOLIVERT DID, THAT HE RECOMMENDED THE MATTER BE DEFERRED FOR ONE MONTH. HE EXPLAINED THAT IF THINGS WERE TAKEN CARE OF BY 11/25/87, THE MATTER WOULD BE RESOLVED. IF NOT, THE BOARD COULD IMPOSE A FINE FO $25.00 A DAY AGAINST THE CORPORATION. MR. TOLIVERT SAID HE UNDERSTOOD. MR. MCCOOL WITHDREW HIS MOTION. GRAY WITH REFERENCE TO CASE NO. 87-528, MOTION BY MR. MCCOOL, SECONDED BY MR.. ........ ~LOWING DETERMINATION - THAT BREVARD ROOFING, INC~ THAT THE BOARD ~ ~n~ ~.~ ~ERMIT AND PROPER LICENSE - BREVARD ROOFING, INC. DID REprOOF WITHOUT A BUIbUl~ THE VIOLATION IN FACT DID OCCUR AND THE ALLEGED VIOLATOR COMMITTED THE VIOLATION. IF THE ORDER OF ENFORCEMENT IS NOT COMPLIED WiTH BY 11/25/87, A FINE OF $25.00 PER DAY SHALL BE IMPOSED. ATTORNEY PALMER EXPLAINED TO MR. TOLIVERT THAT IF A pERMIT IS PULLED AND THE QUALIFIER REGISTERS HIS LICENSE BETWEEN NOW AND 11/25/87, THERE WOULD BE NO FINE. MR. TOLIVERT ASKED IF THE TIME PERIOD COULD BE EXTENDED TO GiVE MR. FRET ENOUGH TIME TO COME IN AND TAKE CARE OF THE MATTER. MR. COOPER SUGGESTED THE TIME PERIOD BE EXTENDED ONE WEEK. MR. MCCOOL AMENDED HIS MOTION, SECONDED BY MR. LINDSEY TO GIVE MR. FRET UNTIL 12/2/87 TO COMPLY. ROLL CALL ON MOTION: AYES: MR. GRAY MR. FISCHER MR. MCCOOL VICE CHAIRMAN O,CONNOR NAYS: NONE CARRIED. (MR. LINDSEY DID NOT VOTE DUE TO HIS LATE ARRIVAL) SEBASTIAN CODE ENFORCEMENT BOARD - NOVEMBER 18, 1987 ROLL CALL ON AMENDMENT: AYES: MR. GRAY MR. FISCHER MR. MCCOOL MR. LINDSEY VICE CHAIRMAN O'CONNOR NAYS: NONE CARRIED. BOARD ATTORNEY REQUESTS AND REPORTS: SINCE CHAIRMAN BLOME WAS NOT PRESENT AT THE MEETING, ATTORNEY LULICH ASKED VICE CHAIRMAN O'CONNOR TO SIGN THE ORDER OF ENFORCEMENT FOR RAZZANO. BUILDING OFFICIAL'S MATTERS: MR. COOPER SAID HE WAS GOING TO ASK THE COUNCIL TO CHANGE THE ORDINANCE REGARDING NUISANCES AND JUNK VEHICLES TO CHANGE THE 30 DAY COMPLIANCE TO 10 DAYS. HE SAID HE WOULD MAKE THE RECOMMENDATION FOR LAND OWNERS OUT OF STATE AND VACANT LOTS FOR GRASS MOWING TO GIVE 30 DAYS. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED AT 2:43 P.M. SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 18, 1987 - 2:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - MEETING HELD OCTOBER 28, 1987 ATTORNEY'S MATTERS: OLD BUSINESS: CASE NO. 87-391 - RAZZANO CASE NO. 87-528 - BREVARD ROOFING, INC. 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. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Bruce Cooper Building Offical PUBLIC NOTICE 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, NOVEMBER 18, 1987 AT 2:00 P.M. IN THE CITY COUNCIL CHAMBERS. K. NAPPI, SECRETARY CODE ENFORCEMENT BOARD IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, WITH REPSECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, HE/SHE WiLL NEED A RECORD OF THE PROCEEDINGS, AND THAT, FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIMRECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.