Loading...
HomeMy WebLinkAbout01152008SMCITY OF SEBASTIAN, FLORIDA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING TUESDAY, JANUARY 15, 2008 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, Growth Management Manager Jan King, Code Enforcement Clerk Laura Barr. 3. Mr. Ginsburg swore in staff and respondents. 4. Initial Hearings: Case No. 07 -04982 Francis and Katherine Badame 126 Easy Street Sec. 54- 2 -4.5. Compliance with district regulations. No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than a use permitted in the district in which such building, land or water is located. No building or land shall be used so as to produce greater heights, smaller yards, less unoccupied area, or higher density or intensity than is prescribed for such building or land within the district regulations in which the building or land is located. No lot, which is now or which may be hereafter built upon shall be so reduced in area so that the yards and open spaces will be smaller than prescribed by this code. City and Respondent both presented testimony, after which Mr. Ginsburg dismissed the case. Case No. 07 -05285 Robert and Charlotte Wissman 198 Main Street 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: (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. City withdrew its case. Case No. 07 -05424 Laura Baker 604 Cottonwood Road 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. Ms. Baker was not present but had signed a consent order. Ms. Baker did not contest the violation and complied with requirements of the order by 1) obtaining an "after the fact" tree removal permit, 2) paying a total fine of $105.38, and 3) agreeing to plant three replacement trees. The Consent Order signed by Ms. Baker was presented to and signed by Mr. Ginsburg. Case No. 07 -05434 Jeffrey and Deanna Blossom 290 Delaware Avenue 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. City and Respondent both presented testimony. Respondent did not contest violation but said it was not fair for her to be penalized since tenants of her property cut down the trees without her knowledge. Mr. Ginsburg asked City and Respondent to work out an agreement and report back to him after remaining cases on the docket were heard. [See page 4 of these minutes] Case No. 07 -05434 Gregory and Lynn Nicholes 670 Forster Avenue 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. Respondent was not present but had signed a consent order. Respondent did not contest the violation and complied with requirements of the order by 1) obtaining an "after the fact" tree removal permit, 2) paying a total fine of $55.38, and 3) agreeing to plant one replacement tree. The Consent Order signed by Mr. Nicholes was presented to and signed by Mr. Ginsburg. Case No. 07 -05477 Steven and Beth Abell 1174 Barber 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. Respondents were not present but had signed a consent order. Respondents did not contest the violation and complied with requirements of the order by 1) obtaining an "after the fact" tree removal permit, 2) paying a total fine of $55.38, and 3) agreeing to plant one replacement tree. The Consent Order signed by the Abells was presented to and signed by Mr. Ginsburg. 5. Compliance Hearings: Case No. 07 -02797 Walter Worthington 1671 US Highway 1 Respondent not present. City presented testimony that Respondent Walter Worthington had not complied with the Special Magistrate's Order of October 16, 2007, wherein "...Respondent shall receive approval for a sign master plan within thirty (30) days and shall have an additional thirty (30) days from the date of plan approval to effect compliance at 1671 US Highway 1, Sebastian, Florida." Mr. Ginsburg issued an Order Imposing Fine in the amount of $100 per day beginning November 16, 2007 and continuing each day until compliance is proved to the City. 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. Mr. Ginsburg agreed to defer the case until March 18, 2008 per joint request of the City and Respondent's attorney with the stipulation that Respondent file an application by March 18 with the Department of Environmental Protection if so required by that agency and well as file an site plan [modification] by March 18 with the City of Sebastian. 3 Case No. 07 -05434 Jeffrey and Deanna Blossom 290 Delaware Avenue 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. [Case continued from earlier in the hearing.] City and Respondent came to agreement terms, which Mr. Ginsburg issued as an Order of Continuance as follows: City would withhold fine of $400 provided Respondent 1) obtains an "after the fact" tree removal permit, and 2) plants five replacement trees within 30 days; if Respondent is not in compliance by that time, Respondent is to appear at compliance hearing on February 19, 2008 and City will reinstate the fine plus administrative costs. 6. Hearing concluded at 3:00 pm. 4 1. Call to Order 4. Adjournment 1225 Main Street, Sebastian, Florida 32958 Telephone (772) 388 -4436 Fax (772) 388 -8248 DOCKET OF SPECIAL MAGISTRATE HEARING Tuesday, January 15, 2008 2:00 pm Council Chambers, 1225 Main St., Sebastian, FL 32958 2. Initial Hearing of Code Violation: Case No. 07 -04982 Francis and Katherine Badame 126 Easy Street Case No. 07 -05285 Robert and Charlotte Wissman 198 Main Street Case No. 07 -05424 Laura Baker 604 Cottonwood Road Case No. 07 -05434 Jeffrey and Deanna Blossom 290 Delaware Ave Case No. 07 -05379 Gregory and Lynn Nicholes 670 Forster Avenue Case No. 07 -05477 Steven and Beth Abell 1174 Barber Street 3. Compliance Hearings: Case No. 07 -02797 Walter Worthington 1671 US Highway 1 Case No. 07 -03397 Marie Terranova 1016 Indian River Drive CI YOF HOME OF PELICAN ISLAND Code Enforcement Division Case No. 2006 -06 -28 Pelican Isles Limited Partnership/ Triad Residential Management 925 Pelican Isles Way 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.