HomeMy WebLinkAbout08212007SMCITY OF SEBASTIAN, FLORIDA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
TUESDAY, AUGUST 21, 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, Environmental Planner Margaret
Reynolds, Code Enforcement Clerk Laura Barr.
3. Mr. Ginsburg swore in staff and respondents.
4. Initial Hearings:
Case No. 07-03445
KB Home Treasure Coast LLC
177 Stony Point Drive
Violation: Sec. 54-2-7.13. Mobile homes, travel trailers, campers, boats,
trailers, and recreational vehicles.
(d) Temporary trailers. Trailers used temporarily in connection with construction as a dwelling,
office, salesroom, or security headquarters may be located temporarily in all zoning districts only
after a building permit has been issued and during the periods of construction activity, under a
temporary zoning permit; provided that: All setbacks are complied with and all utilities, including
water and sewer are provided; and Any such trailer must be removed within ten days after
completion of construction or after the issuance of a certiffcate of occupancy, whichever first occurs.
Mr. Ginsburg found Respondents in violation of temporary trailer ordinance. He
ordered that Respondents shall remove trailer from property within 45 days.
Case No. 07-03132
Richard Pino
726 Rose Avenue
Violation: Sec. 66-3. 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:
(11) Growth of weeds, grass, undergrowth or other vegetation upon improved real property, to a
height often inches or more.
Mr. Ginsburg found Respondent in violation of ordinance and ordered that he cut
grass and growth while complying with applicable restrictions concerning the
resident gopher tortoise on the property within 30 days or be subject to abatement
by City.
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Case No. 07-03893
Robert Grillo
141 Main Street
Section 54-3-14.7. Tree Removal, grubbing, and land clearing permits.
(b) Tree removal and land clearing permit. All lands within the city are required to obtain a permit
for protected tree removal, grubbing or land clearing.
Mr. Grillo was not present but had signed a consent order. Mr. Grillo 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 at such
time as building construction has commenced on the property or be subject to an
additional fine of $20 per day until the property is brought into compliance.
The consent order signed by Mr. Grillo was presented to and signed by Mr.
Ginsburg.
5. Compliance Hearings:
Case No. 07-02162
Penny Hill Subs of Sebastian, Inc.
825 Sebastian Blvd.
Violation: Sect. 54-3-14.11. Commercial Landscape Requirements.
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
City Attorney Stringer reported that Respondents were working to come into
compliance with code. At City Attorney's request, Mr. Ginsburg deferred case
for thirty days to the September 18, 2007 Special Magistrate hearing.
Case No. 06-00692
Discount Auto Parts
949 US Hwy 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.
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City Attorney Stringer reported that Respondents were working to come into
compliance with code. At City Attorney's request, Mr. Ginsburg deferred case
for thirty days to September 18, 2007 Special Magistrate hearing.
6. Rehearing:
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 agreed with City Attorney's
findings and ordered that Respondents obtain building permits for shed and
playhouse and have both structures inspected and permits approved within 10 days
or remove both structures from property. Failure to comply with the Order shall
result in a fine of $50 for each day not in compliance.
5. Hearing concluded at 2:45 pm.
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