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HomeMy WebLinkAbout06192007 SMCITY OF SEBASTIAN, FLORIDA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING TUESDAY, JiJNE 19, 2007 1. The hearing was called to order at 2:00 p.m. by Special Magistrate Robert Ginsburg. 2. Present: Special Magistrate Robert Ginsburg, City Attorney Rich Stringer, Code Enforcement Officers Antoine Van Meir, Warren Lindquist, and Richard Iachini, Growth Management Director Rebecca Grohall, Code Enforcement Clerk Laura Barr. 3. Mr. Ginsburg swore in Officer Van Meir, Ms. Grohall and respondents wishing to testify. 4. New Business: Case No. 07-00619 Myrlene Jean & Lucner Pierre 1258 Laconia Street Respondents not present. Mr. Ginsburg moved case to the bottom of the list. Case No. 07-02360 Francis & Katherine Badame 126 Easy Street Violation: Sec. 54-2-7.13 Mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles. (c) Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous paragraphs of section 54-2-7-13.(b), trailers and boats utilized for commercial purposes may be kept on real property located in a residentially zoned district owned by the person who also owns the trailer or boat if the following provisions are complied with: (1) One, but not more than one, commercial utility or cargo trailer, that does not exceed 24 feet in length and eight feet in height, may be parked on any lot located in any residential district if it is parked in accordance with the other provisions of section 54-2-7.13(b)(4) [see reference below] and is substantially screened by either vegetation or a six-foot stockade type fence from the view of the adjacent property. (b) Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided that: (4) The recreational vehicle is located to the rear of the front building line, and in no event less than 25 feet from the front lot line, or is located wholly within a carport or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on an improved corner lot, the recreational vehicle need only be located behind the front yard setback for such improved corner lot and need not be located to the rear of the front building line for the secondary front yard. Mr. Ginsburg dismissed the proceedings due to lack of proper notice to Respondent of violations. On the nature of the violation concerning use of a trailer in a residential location for business purposes, Mr. Ginsburg advised Respondent Francis Badame to "construe what he has heard as a warning." -1- Case No. 07-02652 Reb Oil Leasing, Inc. 617 US Highway 1 Violation: Sec. 54-1-2.3. Required permits. a) Building permits. Within the corporate limits of the City of Sebastian, no building or other structure shall be erected, demolished, moved, added to, or structurally altered without the owner, contractor, builder or authorized agent of the owner receiving a duly processed building permit therefore, issued by the building director. All building permits issued shall be in conformity with the provisions of the fire codes, the building codes, and the land development code. No building permit shall be granted unless the developer has submitted all requisite plans and permits required by the city and other entities having jurisdiction. No building permit shall be issued until concurrency management program requirements are met. Mr. Ginsburg dismissed case due to lack of proper notification given to Respondent. Case No. 07-06162 Penny Hill Subs of Sebastian, Inc. 825 Sebastian Blvd. Violation: Sect. 54-3-14.11. Commercial Landscape Requirements. (i) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the heath and appearance of plant materials. Mr. Ginsberg found Respondent had not complied with landscaping requirements and ordered that he submit a site plan modification to the City's Growth Management Department within 30 days and to complete landscaping work within 60 days from the administrative determination on that site plan modification. Any fines will be considered at the conclusion of these time frames. Case 07-01673 Jerry M. Pelletier 626 Jenkins Street Violation: Section 54-3-14.7. Tree Removal, grubbing, and land clearing permits. Grubbing. The application for a grubbing permit shall be filed with the city on forms furnished by the city manager or his designee. The application shall include a copy of the recorded deed indicating the current owner. The city shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. A grubbing permit does not authorize the removal of any protected, specimen or historic trees or mangroves. Mr. Ginsberg found Respondent in violation of permit requirements and ordered him to pay a fine of $50 per each tree removed, for a total fine of $150.00. -2- Case No. 06-00692 Discount Auto Parts 949 US Highway 1 Violation: Section 54-4-18.2. Applicability and filing procedure. In all cases requiring site plan review no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefore, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this article. (b) Conformance with zoning regulations required. Any such building, structure or use approved pursuant to this article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved site plan. Violation: Sect. 54-3-14.11. Commercial Landscape Requirements. (i) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the heath and appearance of plant materials. Mr. Ginsburg found Respondent in violation of landscaping site plan requirements and ordered Respondent to come into compliance with code by August 20, 2007 or be subject to fine of $150 per day for each day that violation is maintained on the property. Case No. 07-00619 Myrlene Jean & Lucner Pierre 1258 Laconia Street Violation: Sec. 54-3-14.9. Residential tree requirements. (b) Certificate of occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within 30 days. (c) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Respondents were not present for hearing. Officer Iachini stated that Respondents had not complied. Mr. Ginsburg issued Order for Respondents to restore landscape to approved site plan by planting four trees, to conform to City requirements, by July 20, 2007 or be subject to fine of $20 per day for each day that violation is maintained on property. -3- Case No. 07-02290 Wabasso Holdings, LLC 478 US Highway 1 Violation: Section 54-4-18.2. Applicability and filing procedure. In all cases requiring site plan review no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefore, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this article. (c) Conformance with zoning regulations required. Any such building, structure or use approved pursuant to this article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved site plan. Sect. 54-3-14.11. Commercial Landscape Requirements. (i) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the heath and appearance of plant materials. Case postponed to July hearing. Case No. 07-01672 Curtis Dawson 141-151 Delaware Avenue Violation: Section 54-3-14.7. Tree Removal, grubbing, and land clearing permits. (a) Grubbing. The application for a grubbing permit shall be filed with the city on forms furnished by the city manager or his designee. The application shall include a copy of the recorded deed indicating the current owner. The city shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. A grubbing permit does not authorize the removal of any protected, specimen or historic trees or mangroves. Case postponed to July hearing to enable notice to be served to Respondent (presently out of country). 4. Hearing concluded at 3:30 pm. -4- CITY OF "_`- _ __ ~ - HOME OF PELICAN ISLAND Code Enforcement Division 1225 Main Street, Sebastian, Florida 32958 Telephone (772) 388-4436 Fax (772) 388-8248 DOCKET OF SPECIAL MAGISTRATE HEARING Tuesday, June 19, 2007, 2:00 pm Council Chambers, 1225 Main St., Sebastian, FL 32958 1. Call to Order 2. Initial Hearing: Case No. 07-00619 Myrlene Jean & Lucner Pierre Case No. 07-02360 Francis & Katherine Badame Case No. 07-02652 Reb Oil Leasing, Inc. Case No. 07-02162 Penny Hill Subs of Sebastian, Inc. Case No. 06-00692 Discount Auto Parts Case No. 07-02290 Wabasso Holdings, LLC Case No. 07-01672 Curtis Dawson Case No. 07-01673 Jerry M. Pelletier 3. Adjournment ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITES ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS HEARING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.