HomeMy WebLinkAbout10162007SMCITY OF SEBASTIAN, FLORIDA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
TUESDAY, OCTOBER 16, 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 Richard Iachini and Curtis Bloomfield, 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. 07-03397
Marie Terranova
1016 Indian River Drive
Violations:
Sect. 54-3.11.2. Soil erosion and sedimentation control.
Sect. 54-3-11.3 Aquifer recharge protection.
(a) Aquifer recharge area defined.
(b) Restrictions on development within recharge areas.
(1), (2), (3) and (4)
Sect. 54-3-11.4. Coastal resource impact analysis.
Upon request of Respondent's new attorney for more time to familiarize himself with
the case; Mr. Ginsburg continued the case until November 13, 2007.
Case No. 07-04340
John IL Dodd
114 LaPlaya Ln
Violation: 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. Dodd was not present but had signed a consent order. Mr. Dodd 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 $50 for the five trees he
cut down, and 3) agreeing to plant replacements.
The consent order signed by Mr. Dodd was presented to and signed by Mr. Ginsburg.
-1-
Case No. 07-04081
701-705 US Hwy 1
Kunz Family Partnership LLC
Violation: Sec. 54-3-11.7. Hazardous waste storage and disposal.
No hazardous wastes shall be stored or disposed of on wetlands. Similarly, no hazardous wastes shall
be stored or disposed of on upland buffers pursuant to this article.
Respondent not present. Mr. Ginsburg found Respondent in violation of hazardous
waste ordinance and ordered that Respondent shall immediately case introduced any
more hazardous material into the drainage system and also remediate existing waste
within system within 14 days according to County Health Department guidelines or
be subject to fine of $250 per day for each day violation is maintained at property.
Case No. 07-02580
701-705, 709, and 717 US Hwy 1
Kunz Family Partnership LLC
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.
Respondent not present. Mr. Ginsburg found Respondent in violation of ordinance on
commercial landscaping requirements and ordered that the landscaping be restore to
the requirements of the original site plan by November 12, 2007 or be subject to a
fine of $150 per day for each day that a violation is maintained on property.
Case No. 07-02979
Walter Worthington
1671 US Hwy 1
Violation: Sect. 54-4-21.A.8. Sign regulations.
(f) Approval for change of sign design required.• Any exterior change of signage in the Riverfront
District, originally required to comply with this sign ordinance, shall require review and approval by
the community development department. Such changes shall include, but not be limited to, changes
of• sign area (square footage), sign copy area (square footage), sign copy (this does not apply to
"changeable copy" signage), height, shape, style, location, colors, materials, or method of illumination.
Routine maintenance and replacement of materials which does not affect the approved design shall be
exempt from this paragraph.
Respondent not present. Mr. Ginsburg found Respondent in violation of the sign
ordinance and ordered that he received approval for a sign master plan within 30 days
and effect compliance with that plan 30 days after receiving plan approval.
-2-
5. Compliance Hearings:
Case No. 2006-06-28
Pelican Isles Limited Partnership/
Triad Residential Management
Pelican Isles Way
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 health and appearance of plant materials.
Respondent stated that landscaping had been brought into compliance; City asked for
additional time to inspect and verify. Mr. Ginsberg deferred the case until
November 13, 2007.
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 not present. Mr. Ginsburg found them in violation of his order issued
June 19, 2007 and issued an order imposing a fine to be recorded as a lien.
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. Mr. Ginsburg found them in violation of his order issued
August 21, 2007 and issued an order imposing a fine to be recorded as a lien.
6. Hearing concluded at 2:45 pm.
-3-