HomeMy WebLinkAbout12-10-1999 City of Sebastian, Florida
1225 Main Street [] Sebastlan~ Florida 32958
Telephone (561~ 589-5330 [] Fax ~561~ 589-5570
City Council Information Letter
December 10, 1999
Sebastian Area-Wide Habitat Conservation Plan
Please be advised that the School Board of Indian River County (SBIRC)
will hold a meeting Tuesday, December 14th at 2:30 p.m. to once again
consider granting approval to partnership with the City of Sebastian, Indian
River County (IRC) and the United States Fish and Wildlife Commission to
commence with the Sebastian Area-Wide Habitat Conservation Plan (the
program as endorsed earlier this fall after presentations made by Pelican
Island Elementary School and IRC Department of Planning). You may have
received word in recent weeks that SBIRC voted not to authorize
participation in this initiative. However, they later decided to revisit the
issue, which will hopefully be affirmatively authorized. Overall status reports
indicate that once SBIRC approves the program, arrangements can proceed
to make the proposal a reality in our community. Feel free to join Rich
Stringer, Terry Hill and myself to represent the City of Sebastian if your
schedule permits. We will also be available to address specific questions
and/or concerns as they may arise during the meeting.
Update - Cornerstone Property
Please find the attached memorandum as compiled and delivered by Tracy
Hass regarding the status of Cornerstone (Sebastian Woods Subdivision),
as well as background information associated with efforts to resolve
outstanding issues. Contrary to what was reported in Florida Today circa
three weeks ago, myself, Tracy and City Attorney Rich Stringer all agree that
enforcing cleanup on new owners would be the best course of action. As
such, staff was directed to take necessary actions to require proper
City Council Information Letter
December 10, 1999
Page 2
compliance immediately after ownership changes hands (currently
anticipated to transpire early in the New Year).
Proposal from BellSouth MObility
Please find the attached letter as delivered by Mr. David Herring of Site
Concepts, Inc. on behalf of BellSouth Mobility. I am pleased to report that a
formal proposal was finally delivered for a long-term lease agreement with
the City of Sebastian to build an approximately 175' communications tower
on City Hall property. Although negotiations are not yet final, I feel that we
are relatively close to an interim Agreement. Once proposed lease
provisions are outlined, a prepared contract will be presented for your
consideration.
Policy for Non-Through Streets Desi,qnations
Please find the attached memorandum as compiled and delivered by Chief
Randy White, which outlines recommendations for designated non-through
streets for large, heavy trucks. After considering Florida Department of
Transportation (FDOT) requirements, Chief White recommends that Barber
Street, Main Street, Schumann Drive and Indian River Drive are all
designated non-through streets for heavy trucks. I will direct City Engineer
Martha Campbell to ascertain applicable rules and regulation, so as to
provide formal recommendations in the near future.
Enclosures:
Memorandum from Tracy Hass
Letter from Site Concepts, Inc.
Memorandum from Chief White
City of Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 58%5330 FAX (561) 589-2566
MEMORANDUM
DATE: December 7, 1999
TO: Terrence Moore, City Manager
FROM: Tracy E. Hass, Growth Management Director
SUBJECT: Cornerstone property (Sebastian Woods Subdivision) located in Sebastian
Highlands Unit 17.
In response to our meeting with City Attorney Rich Stringer, I have compiled the following brief
history concerning code enforcement action against Cornerstone Select Homes, Inc. (a.k.a.
Cornerstone Partnership, Inc.)
Attached you will find the first notice to comply with Section 66-3 City Code of Ordinances -
Illustrative Enumeration, which was mailed to Bill Adair on April 22, 1999. The notice outlined
the Police Departments findings of an accumulation of trash, refuse, old appliances and other
debris that had been deposited illegally on the property. As property owners, Cornerstone was
responsible for removal and proper disposal of said refuse.
Mr. Bill Adair responded by claiming he was no longer affiliated with Cornerstone Select
Homes, Inc. and had formed his own company - Adair Companies. We then proceeded to send
via certified mail a Notice of Public Nuisance to the listed address for Cornerstone Select
Homes, Inc. The first certified letter was mailed on August 19, 1999 and returned on August 23,
1999 "not deliverable as addressed - unable to forward" by the Post Office. The second certified
letter was mailed August 24, 1999 to another listed address and returned on August 30, 1999
"not deliverable as addressed - unable to forward" by the Post Office.
We were unable to obtain a true address for Cornerstone Select Homes, Inc. and therefore unable
to deliver a notice to their offices. However, in early September the property was posted with
said notice. This would have given the City the authority to remove the debris from the property
after a fifteen-day posting and then attach a lien to the property for all cost associated with the
removal of debris from the site.
In mid September It was determined that the property was in foreclosure and new owners would
be in place by the end of the year or possibly early next year. in conjunction with the City
Attorney and yourself, it was decided that enforcing cleanup on the new owners would be the
best resolution. This way our crews aren't tied up cleaning the property and we will also avoid
any unnecessary financial expenditures.
We will take the necessary actions to require proper compliance as soon as ownership exchanges
hands.
April 22, 1999
City of Sebastian
1 225 MAiN STREET C SEBASTIAN, FLOR!OA 32958
TELEPHONE (56I) 589-5537 [] FAX (561) 58%2566
Bill Adair
Cornerstone Partnerskip Group, Inc.
1077 Hvqz. A_IA
Satellite Beach, Florida 32937
Re: Cornerstone property (Sebastian Woods Subdivision) located /_n Sebastian
H_i~mlands Unit I7
Dear Mr. Adair,
It has been brought to our attention by the Sebastian Police Department that
there is a~n accumulation of trash, refuse, old appliances and other debris on
the property noted above, along Spring valley Road i_-~ particular.' As oxvner of
this property, Cornerstone is responsible for disposing of '~n/s trash.
t am enclosing a copy of Section 66-3 City Code of Ordinances - Illustrative
enumeration. This assorted debris is a health and safety hazard a_nd must be
disposed of witb/n th/try (30) days from the date of this letter.
Failure to comply will require the City to initiate Code Enforcement action and
could result in a frae of up to $500 per day, as outlined in Section 1 - I0 of the
Code of Ordinances - Penalties.
Please contact me if you have any questions concerr, Lng this issue.
SIncerely,
Tracy E. I-lass, Director
Growth Management Department
Enclosure
TH/ab
Date:
City of Sebastian
1225 MAIN STREET C SEBASTIAN, FLORIDA 32958
TELEPHONE [561)889-8837 12 FAX (S61)589-2S66
NOTICE OF PUBLIC NUISANCE
August 19, 1999
Case # 99-15520
NAME OF OWNER:
ADDRESS OF OWNER:
Cornerstone Select Homes, Inc.
c/o Mr. Bill Adair
1077 Highway #1
Satellite Beach, Florida 32937
PUBLIC RECORDS INT)ICATE THAT YOU ARE THE OWNER(S) OF THE FOLLOWING
PROPERTY iN THt{ CITY OF SEBASTIAN, FLORIDA:
(see attached legal description)
Sebastian Island Subdivision
AN INSPECTION OF THIS PROPERTY DISCLOSES, AND THti GROWTH ivL~XlAGEMENT
DEPARTM~ENT HAS FOU~,rD AND DETEI~MINED THAT A CONDITION' EXISTS TIq]EREON
WHICH IS iN VIOLATION OF SECTION 66.3(1) OF TIlE CODE OF ORDINANCES OF THE CITY
OF SEBASTIA2q iN THAT:
Large amount of trash, refuse, old appliances, 'debris, and household garbage accumulated
over large area of properties.
YOU ARE HEREBY NOTilrlED THAT UNLESS THE CONDITION ABOVE-DESCR.1]3ED IS
RE~IED SO AS TO MAKE IT NONVIOLATIVE OF SECTION 6~.3(1) OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN Wl'tl:t~'N' ~'~"I£EN (1~ DAYS FROM 'I'H~ DATE
OF RECE][PT HEREOF, THt! CITY OF SEBASTIAN WILL PROCEED TO REMEDY THIS
CONDITION AND TI-IE COST OF TIIE WORK, iNCLUDING ADVERTISING COSTS AND OT!-IER
EXPENSES, WILL BE IMPOSED AS A LIEN AGAD4ST YOU EF NOT PAID Vvrtt-rlN FOURTEEN
(I-l) DAYS A~- IER RECEIPT OF BILLING. IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE
GROWTH MANAGEMENT DEPARTMENT OF TIIE CITY OF SEBASTIAN. (561-589-5518)
IF YOU DiSPU £m SAID ALLEGED CONDITIONS EXIST ON SAD PROPERTY, YOU MAY
REQUEST A HEAP.lNG BEFORE TH]E CODE ENFORCEMENT BOARD TO SHOW GOOD REASON
WHY SAD CONDITIONS SHOULD NOT BE CORREC'I ~P. SAD NOTICE MUST BE IN WRITING
AND MUST BE POSTMARKED BY A DATE NOT LATER THAN TEN (10) DAYS AI"I~R YOUR
RECEII:rF OF THIS NOTICE BY YOU OR THE OCCUPANT OF THE PREMISES, AND ADDRESSED
TO THZ CITY CLERK, CITY HALL.
cF or SEBASTIAN, FLORA
r~ Z~z~S~-CODE ~r~O~CE~nCr or~xc~
LEGAL DESCRIt'TION FOR SEBASTIAN ISLAND SL-BDMSION:
Sebastian Highlands Unit I% Block 594, Lots 1-3 I; Block 595, Lots 1-9; Block 596,
Lots 1-32; Block 597, Lots 1-32; and Block 598, Lots t-30
N
Ci~ of Sebastian
Orowth ~Y[anagement Department
FA~ Transmission Cover Sheet
FAX Number:
Date/Time: ~/..~ / ,~
To:
From:
CC:
Re:
You should receive(~_~ pages, including this cover sheet. If you
do not receive ali of-The~ / pages, please call (561) 589-5537
NUISANCES § 66~2
Sec. 66-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Enforcement official means either the city building official, code enforcement officer or city
engineer as appropriate to the alleged violation.
Improved real property means any lot, tract er parcel of land upon which a structure of any
kind or type has been either placed or constructed. Improved real property shall not include
property which is otherwise unimproved except to the extent that a dock or similar structure
has been constructed pursuant to section 20A-5.7(D) of the city's Land Development Code.
Nuisance means any person doing any unlawful act, or omitting to perform a duty, or
suffering or permitting any condition or thing to exist, which act, omission, condition or thing
either:
(1) Injures or endangers the comfort, repose, health er safety of others;
(2) Offends decency;
(3) Is offensive to the senses;
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for
passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interferes with comfortable enjoyment of life and property, or tends to
depreciate the value of the property of others.
Unimproved rea! property means any lot, tract or parcel of land that does uot have any
structure of any kind or type either placed or constructed upon it.
(Code 1980, § 16-1; Ord. No. 0-91-18, § 1(16-1), 7-10-91; Ord. No. 0-99-06, § 1, 8-25-99)
Cross reference --Definitions and rules of construction generally, § 1-2.
Sec. 66-2. Findings and intent.
The city council finds and determines that the continuous growth and urban development of
this city requires the reasonable and effective control and regulation of excessive growth and
accumulation of weeds, undergrowth and other plant life to the extent and in such manner of
accumulation as to cause infestation by rodents and other health endangering wild animals,
the breeding of mosquitos and vermin or to threaten or endanger the public health, or
adversely affect and impair the economic welfare of adjacent property. These findings are not
to be construed to be in conflict with the intent of the council to encourage the protection of
trees in this community. Further, the council finds and determines that the accumulation of
garbage and trash and the accumulation, storage and maintenance of junk or trash requires
reasonable and effective control to protect the public health, safety and welfare of the
(Code 1980, § 16-1.1; Ord. No. 0-91718, § 1(16-1.1), 7-10-91)
Supp. No. 19 CD66:3
§ 66-3 SEBASTIAN CODE
Sec. 66-3. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any
public or private property of any of the following items, conditions or actions is hereby declared
to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or
construed to be conclusive, limiting or restrictive:
(1) Accumulations of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or
decayed fish, fowl, meat or other animal matter, fruit, vegetables, offal, bricks,
concrete, scrap lumber or other building debris or other refuse of any nature.
(2)Any condition which provides harborage for rats, mice, snakes and other vermin.
(3) Any building or other structure which is in such a dilapidated condition that it is unfit
for human habitation, or kept in such an unsanitary condition that it is a menace to the
health of people residing in the vicinity thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where it is located.
(4) All unnecessary or unauthorized noises and annoying vibrations, including animal
noises.
(5) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances
or other causes which give rise to the emission or generation of such odors and
stenches.
(6) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(7) The pollution of any public well or cistern, stream, lake, canal or body of water by
sewage, dead animals, creamery, industrial waters or other substances.
(8) Any building, structure or other place or location where any activity which is in
violation of local, state or federal law is conducted, performed or maintained.
(9) Any accumulation of stagnant water permitted or maintained on any lot or piece of
ground, excluding drainage facilities contained in public rights-of-way or easements as
authorized by the city.
(10) Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities.
(11) Growth of weeds, grass, undergrowth or other vegetation upon improved real property,
to a height of ten inches or more.
(Code 1980, § 16-2; Ord. No. O-91-18, § 1(16-2), 7-10-91)
Cross reference~Buildings and building regulations, ch. 26.
Sec. 66-4. Notice of violation.
Upon the failure of the owner of any lot, parcel or tract of land within the city to keep such
premises free of weeds, grass and undergrowth of a height of ten inches or more from the
ground, or of rubbish, trash, debris, dead trees, or other unsightly or unsanitax3, matter, or to
keep such premises free of excavations or depressions, or other nuisances as provided in
section 66-3, then it shall be the duty of the enforcement official to give notice to such owner
Supp. No. I9 CD66:4
NUISANCES § 66-5
of his violation of this article and to demand ehmination of the violation within 15 days after
the receipt, or posting, of such notice, unless the violation poses an imminent threat to public
health and safety, in which case the notice shall require elimination of the violation within
forty-eight (48) hours.
(Code 1980, § 16-2.1; Ord. No. O-91-18, § 1(16-2.1), 7-10-91; Ord. No. 0-99-06, § 2, 8-25-99)
Sec. 66-5. Service of notice; form.
(a) The notice required by section 66-4 shall be given by certified mail, addressed to the
owner of the property described, as his name and address is then shown upon the tax roll of the
county property appraiser, as of the date received or posted. If such notice is returned by postal
authorities without evidencing receipt thereof, the enforcement official shall cause a copy of
the notice to be served by a police officer of the city upon the occupant of the proper~y, or upon
any agent of the owner thereof, if located in the county. If personal service upon the occupant
of the property or upon any agent of the owner thereof cannot be performed after two attempts
by such officer, the notice shall be accomplished by physically posting the notice on the
property.
(b) The notice shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of owner
Address of owner
Pubhc records indicate that you are the owner of the following property in the City of
Sebastian, Florida:
(describe property)
An inspection of this property discloses, and the City has found and determined, that a
condition exists thereon which is a violation of section 66-3 of the Code of Ordinances of the
City of Sebastian in that:
(describe here the condition which places the property in violation)
You are hereby notified that unless the condition described above is remedied so as to make it
nonviolative of section 66-4 of the Code of Ordinances of the city within 15 days /48 hours from
the time of receipt hereof, the City of Sebastian will proceed to remedy this condition, and the
expenses will be imposed as a lien on the property if not paid within 14 days after receipt of
billing. If you have any questions, please phone the code enforcement department of the city.
If you dispute that such alleged conditions exist on such property, you may request a hearing
before the city code enforcement board to show good reason why such condition should not be
Supp. No. 19 CD66:5
§ 66-5
SEBASTIAN CODE
corrected. Such request for hearing must be in writing and must be postmarked by a date not
later than ten days ff fi-fteen (15) days is given to correct the violation, or by hand-delivery or
fax of such request by noon of the next business day if only forty-eight (48) hours is given in the
notice, after your receipt of this notice by you or the occupant of the premises, and addressed
to city clerk, city hall.
City of Sebastian, Florida
By:
Title:
(Code 1980, § 16-3; Ord. No. O-91-18, § 1(16-3), 7-10-91; Ord. No. O-99-06, § 3, 8-25-99)
Sec. 66-6. Hearing before code enforcement board.
Within ten days after the receipt of notice or al~er the service or posting of such notice on the
property, or by noon of the following business day if corrective action is required within
forty-eight (48) hours, the owner of the property may make written request to the city clerk for
a hearing before the code enforcement board to show that the condition alleged in the notice
does not exist, or to show other reasons why the alleged violation should not be corrected. At
the hearing, the city and the property owner may introduce such evidence as is appropriate.
(Code 1980, § 16-4; Ord. No. 0-91-18, § 1(16-4), 7-10-91; Ord. No. 0-99-06, § 4, 8-25-99)
Sec. 66-7. Condition may be remedied by city and lien imposed.
(a) If, within the times allotted under this chapter, no hearing has been requested in writing
and the condition described in the notice has not been corrected within the time period
provided in the notice of public nuisance, the enforcement shall cause the condition to be
remedied at the expense of the property owner.
(b) If a hearing has been held and is concluded adversely to the property owner, and the
condition is not remedied by the owner within the time ordered by the code enforcement board
after such hearing, the enforcement official may cause the .condition to be remedied at the
expense of the property owner.
(c) After causing the condition to be remedied, the enforcement official shall certify to the
director of finance the expense incurred in remedying the condition, including advertising costs
and all other expenses incurred by the city in correcting the condition, whereupon such
expense shall become due and payable in full within 14 days after receipt of the bill therefor,
after which a special assessment lien and charge will be made upon the property, which lien
shall be payable with simple interest at the rate of 1¥2 percent per month on the unpaid
balance from the due date until paid. Such lien shall be of equal dignity with the lien for taxes
and shall be enforceable in the same manner as provided by law, and may be satisfied at any
time by payment thereof, including accrued interest. Upon such payment, the director of
Supp. No. 19 CD66:6
NUISANCES § 66-8
finance shall, by appropriate means, evidence the satisfaction and cancellation of such lien
upon the record thereof. Notice of such lien may be filed in the office of the clerk of the circuit
court and recorded among the public records of Indian River County.
(Code 1980, § 16-5; Ord. No. 0-91-18, § 1(16-5), 7-10-91; Ord. No. 0-99-06, § 5, 8-25-99)
Sec. 66-8. Penalty for violation of chapter.
Any person violating any of the provisions of this chapter, upon conviction thereof, shall be
punished as provided in section 1-10 of this Code. Any action taken pursuant to this chapter
in regard to the disposal, abatement or removal of the conditions declared in this chapter to be
public nuisances shall be considered cumulative and in addition to other penalties and
remedies provided elsewhere in this Code.
(Code 1980, § 16-8; Ord. No. 0-91-18, § 1(16-8), 7-10~91)
Supp. No. 19 CD66:7
SEBASTIAN POLICE DEPARTMENT
1201 Main Street Telel~hone 561/589-5233
Sebastian, Florida 32958 24 ~r Fax 561/589-2207
DENNIS R. WHITE, Chief /~,~-~n Fax 561/388-1872
E-mail: spd@sunet.net Web: www.sebastianpd.org
Date:
To:
From:
Re:
MEMORANDUM
12/8/99 ~
Terrence Moore, City Manager<~
D.R. White, Chief of Police ~/ ~-
Street Damage From Heavy Trucks
This is submitted in response to your Nov. 4th memo regarding the
above subject·
NON-THROUGH STREET DESIGNATIONS: Martha Campbell, as our
resident traffic engineering expert, should advise if there
are any DOT or other requirements or standards regarding the
designation of non-through streets. Assuming there are none
or that we can meet any requirements, I recommend that the
following streets be designated as non-through streets for
large, heavy trucks:
Barber St., in its entirety
Main St., in its entirety
Schumann Dr., in its entirety
Indian River Dr., in its entirety
Closing these streets to through traffic would effectively
force all large vehicles to use the County and/or State roads.
STREET DAMAGE BY HEAVY TRUCKS: The vast majority of the
damage done to our streets is from trucks delivering fill dirt
to new home construction sites. 20 to 40 loads per lot are
not unusual, so there are a lot of trips back and forth and
more than 750 homes have been built in the past 3 years.
Usually the edge of the pavement is broken when the fully
loaded trucks back onto the lots to dump their loads. To
eliminate this problem, I wonder if some sort of a temporary
reinforced aluminium or steel ramp, perhaps 10' X 15' in size,
could be required that would ~bridge" between the edge of the
pavement and the unpaved right-of-way to distribute the weight
over a broader area so as to keep all the weight from hitting
the pavement's edge and breaking it. Short of this sort of
~fix", the only other things I can think of would be to either
require substantially lighter loads (which would mean more
trips) or bringing in the required fill by helicopter.
Obviously, neither of these would be popular with either the
public or the builders.
Dec 09 99 10:07a Si~e Conceptm, Inc. 5~1-753-7818 p. 1
site
concepts
INC.
December 09, 1999
CiuofSebas~an
1225MaiaS~eet
Scbasta~n, Flodda
As a follow up to my letter dated May 13, 1999. ond our numerous phone calls, I submit the following proposal on
behalf of BellSouth Mobility.
Bell South would like to enter into a long-term lease agreement with the city to build an ap~rox/mately 175'
communications monopole on the Town HM/l~roperty. Bell South is willing m pay the town $1,300.00 per month
for the use of the property. The ~opoaed terra of the lease would have an initial term of 5 years w~th 4 (5) year
extensions. Each extended term would be i~creased by 15% ove~ the prior terms rent.
I apologize for the delays associated with this project, but I look forward to proceeding with the leasing process. If
you have any questions, please call me at $61-7f3-7670.
Sincerely,
David M. Her*in§
SiTE CONCEPTS INCORPOR~,TED · 299 Camino Gardens Blvd., Suite 204 · 8oca Raton, Florida 33432