HomeMy WebLinkAbout07162003 CEB~T~0F
AGENDA
SEBASTIAN CODE ENFORCEMENT BOARD
WEDNESDAY, JULY 16TH, 2003
2:00PM
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1, CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF MINUTES - Regular Meeting 05/21/03
5. NOTICED HEARINGS
A. APPEAL HEARING - PERMIT # 1949
GAMBRO HEALTHCARE - 1424 U,S. HIGHWAY 1
· SECTION 39-3g CODE OF ORDINANCES
B. VIOLATION HEARING - CASE # 2003-03032
MS, REGINA WALSH - 190 DEL MONTE ROAD
· SECTION 66-3 (11) CODE OF ORDINANCES
C, VIOLATION HEARING - CASE # 2003-03923
MR. & MRS. BRIAN TOBIN -961 DEVON AVENUE
· SECTION 66-3 (11) CODE OF ORDINANCES
D. VIOLATION HEARING - CASE # 2003-08744
MR. CHARLES SARTAIN - 101 ADMIRAL CIRCLE
· SECTION 66-3 (12) CODE OF ORDINANCES
6. CHAIRMAN'S MATTERS
7. MEMBERS MATTERS
8. CODE ENFORCEMENT OFFICER'S MATTERS
9. ATTORNEY'S MATTERS
10. PUBLIC INPUT
11. ADJOURN
~F ANY PERSON DECIDES TO APPEAL ANY DEC~SION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A
RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HEJSHE 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.
§ 2-193
SEBASTIAN CODE
the time specified for correction by the code enforcement officer, the case may be
presented to the board even if the violation has been corrected prior to the board
hearing, and the notice of hearing shall so state.
(2) If a repeat violation is found, the code enforcement officer shall notify the violator, but
shah not be required to give the violator a reasonable time to correct the violation. The
code enforcement officer, upon notifying the violator of a repeat violation, shall notify
the board and request a hearing. The board, through its clerical staff, shall schedule a
hearing and shall provide notice in the same manner as provided in subsection (1)
above. The case may be presented to the board even if the repeat violation has been
corrected prior to the board' hearing, and the notice shall so state.
(3) If the code enforcement officer has reason to believe a violation presents a serious
.. threat to the public health, safety and welfare or if the violation is irreparable or
irreversible in nature, the code enforcement officer shall make a reasonable effort to
notify the violator and may immediately notify the board and request a hearing..,,
(b) Formal hearing on violations.
(1) Upon request of the code enforcement officer, or at such times as may be necessary, the
chairperson of the board may call a hearing. A hearing may also be called by written
notice signed by at least three members of the board.
Minutes shall be kept of all hearings of the board.
The city shall provide clerical and administrative personnel as may be reasonably
required by the board to properly perform its duties.
Each case before the board shall be presented by a member of the administrative staff,
with assistance, if necessary, from a member of the Florida Bar.
The burden of proof shall be with the city to show, by a preponderance of the evidence,
that a code vialation exists and the alleged violator committed, or was responsible for
committing, permitting, allowing, authorizing or maintaining the violation.
The board shall hear the cases on the agenda for that day unless dismissed or
withdrawn by the city Or deferred or continued by the board. All testimony received by
the board shall be under oath and shall be recorded.
All hearings of the board shall bo opened to the public and any alleged violator shall be
given an opport~unity to be heard.
The board shall first take testimony and other evidence from the code enforcement
officer. The board shall also take testimony and other evidence from the alleged
violator. If, however, after receiving testimony and other evidence from the code
enforcement officer, the board does not believe that the alleged violator has committed
the violation, then the board may dismiss the case against the violator without taking
the alleged violator's testimony.
Each party to the hearing shall have the right to:
a. Call and examine witnesses;
(2)
(3)
(4)
(5)
(6)
(7)
(9)
Supp. No. 17 CD2:24