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HomeMy WebLinkAbout07172007 SM~: CITY OF SEBASTIAN, FLORIDA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING TUESDAY, JULY 17, 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, Growth Management Manager Jan King, Code Enforcement Clerk Laura Barr. 3. Mr. Ginsburg swore in staff, respondents, and an unidentified individual wishing to testify. 4. New Business: Case No. 07-02770 J. Michael Dunway and Andrea M. Fecteau 1 Calamondin Street Violation: Sec. 54-2-7.5. Accessory Structures. (a) Presence of principal building required. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. Mr. Ginsburg found Respondents in violation of accessory structure ordinance. He ordered that Respondents cease using accessory structures immediately, and that they disable the pool by draining it and lock up or secure shed within 30 days or be subject to fine for each day violation is maintained at property. Case No. 07-02745 Anthony and Rebecca Spano Mary Spano 581 Caravan Terrace 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. Respondents not present for hearing. Mr. Ginsburg moved case to the bottom of list but upon objection of individual who identified herself as "C.C.", last name -1- "forum," heard the case. Mr. Ginsburg suggested Ms. forum advise Respondents to update their mailing address with City and to consult Building Department regarding permits. He then deferred case until August 21 Special Magistrate hearing. Case No. 06-01207 Catherine Bennett 936 Schumann Drive Violation: Section 26-35. Application for building permit; fees. Before any building or structure of whatsoever nature shall be erected or constructed within the corporate limits of the city, or any addition shall be made to any existing building or structure within the corporate limits of the city, the owner, contractor, person building or responsible for building such building or structure or making such addition thereto shall complete an application for a building permit from the city for such erection, construction or addition. No building or structure shall be erected in the city nor any addition made to any existing building or structure in the city unless a permit therefore has been granted as provided by this article and no work shall be done in connection with any building or addition unless such permit has been granted. Respondent not present for hearing. Mr. Ginsburg ordered Respondent to arrange for final building inspection or remove shed within 7 days, or be subject to a fine of $10 for each day property remains in violation. 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. Mr. Dawson was not present but had signed a consent order. Mr. Dawson did not contest the violation and complied with requirements of Consent Order by 1) obtaining an "after the fact" tree removal permit, 2) paying a total fine of $250 for the five trees he cut down, and 3) agreeing to replace those five trees within thirty days of the tree removal permit approval or face a fine of $20 for each day the property remains in violation. The consent order signed by Mr. Dawson was presented to and signed by Mr. Ginsburg. 5. Hearing concluded at 3:25 pm. -2- 1 CmoF ~~1~~~ ,...> - -, ~~ _ ~~ 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, July 17, 2007, 2:00 pm Council Chambers, 1225 Main St., Sebastian, FL 32958 1. Call to Order 2. Initial Hearing: Case No. 07-02770 J. Michael Dunway and Andrea M. Fecteau 1 Calamondin Street Case No. 07-02745 Anthony & Rebecca Spano Mary Spano 581 Caravan Terrace Case No. 06-01207 Catherine Bennett 936 Schumann Drive Case No. 07-01672 Curtis Dawson 151 Delaware Avenue 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 INADVANCE OF THE MEETING.