HomeMy WebLinkAbout11132007SMCITY OF SEBASTIAN, FLORIDA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
TUESDAY, NOVEMBER 13, 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, Growth Management Manager Jan King, 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.
Rebecca Grohall reported on recent meeting between City and Respondent and steps
necessary to bring property into compliance. Mr. Ginsburg ordered that Respondent
install a silt barrier as directed by City by Monday, November 19 and that all other
matters regarding violations be continued to the December 18 Special Magistrate
hearing.
Case 07-04590
Robert S. McPartlan
650 Belfast Terrace
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. McPartlan was not present but had signed a consent order. Mr. McPartlan 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 fine of $100 for the trees
he cut down plus $10.42 in certified mail fees.
The consent order signed by Mr. McPartlan was presented to and signed by Mr.
Ginsburg.
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Case 07-04643
Brian and Laurie Heller.
651 Crystal Mist Avenue
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. Heller was not present but had signed a consent order. Mr. Heller 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 fine of $50 for the tree he cut down
plus $10.42 in certified mail fees, and 3) replacing the trees he cut down.
The consent order signed by Mr. Heller was presented to and signed by Mr. Ginsburg.
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.
City Attorney Stringer asked Mr. Ginsburg to sign an amended Order Imposing Fine
to include administrative costs in the total lien amount; Mr. Ginsburg waived the
request.
Case 07-04818
Michael and Donna Hahle
401 Sebastian Blvd.
Violation: Sec. 54-4-18.2. Applicability and Filing Procedures [Site Plan Review]
(e) Conformance with land development regulations required. All buildings, structures, or uses
shall be erected, altered, installed, and maintained in full conformity with the provisions of the land
development regulations and approved site plans.
The City and Respondents each presented their case. Mr. Ginsburg found the
Respondents to be in violation of their site plan; in view of the cost and complexity,
Mr. Ginsburg ordered that they have four months, or until March 15, to bring their
property into compliance or receive a site plan modification.
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5. Compliance 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 certificate of occupancy, whichever first occurs.
Mr. Ginsburg found Respondents in violation of his previously issued order requiring
the trailer be removed from the property. He issued an Order Imposing Fine to be
recorded as a lien in the amount of $10,000 plus $30.84 in administrative fees.
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.
In order to give staff the opportunity to read a report presented by the Respondent,
Mr. Ginsburg moved the case to the end of the hearing.
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.
Mr. Joseph Braun appeared on behalf of Respondent. Mr. Ginsburg granted an
extension for the Respondent to come into compliance by deferring the case to the
January 15 Special Magistrate hearing.
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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 most of the landscaping had been completed. Code
Enforcement Officer Iachini enumerated the remaining work to be done according to
a punchlist. Mr. Ginsburg deferred the case until the next meeting on December 18 to
give Respondent time to come into full compliance.
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.
After City Attorney Stringer advised that Respondent was in full compliance, Mr.
Ginsburg dismissed the case.
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.
Henry Hoffman was present as Respondent's Property Manager. Environmental
Planner Marge Reynolds presented aself--audit form that was made part of the
hearing record. Mr. Ginsburg found Respondent in violation of Sec. 54-3-11.7 of the
Code and directed that four specific actions be completed no later than Monday,
November 19 to prevent any further contamination by hazardous materials used or
stored on the property.
6. The hearing was adjourned at 3:55 pm.
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