HomeMy WebLinkAbout12152009SMSEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
December 15, 2009
1. The hearing was called to order at 2:03 p.m. by Special Magistrate David Hancock.
2. Initial Hearing of Code Violation:
Case No. 09 -37581
Nicole Sublette
327 Manly Ave
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 Nicole Sublette was not present but had signed a consent order. She did not
contest the violation and complied with requirements of the order by obtaining an "after the
fact" tree removal permit. The Consent Order was presented to and signed by Mr. Hancock.
Case No. 09 -38173
Andrew Sizemore
744 Lake Drive
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 Andrew Sizemore was not present but had signed a consent order. He did not
contest the violation and complied with requirements of the order by obtaining an "after the
fact" tree removal permit. The Consent Order was presented to and signed by Mr. Hancock.
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Case No. 09 -33628
Brock Hatala, Ronald Hatala, Sharon Hatala
733 Brookedge Terrace
Sec. 54- 2 -7.7. Walls and fences.
(1) Permit required. Except as provided in sub section (4), it shall be unlawful for any
person, association, corporation or other entity to install, erect, alter, or locate a fence or wall
within the city without first obtaining a fence permit for such activity. Notwithstanding the
foregoing, a fence permit shall not be required for the replacement or repair of an existing
fence or wall unless the replacement or repair cost exceeds 50% or more of the value of the
fence or wall before its repair or replacement.
Case No. 09 -33626
Brock Hatala, Ronald Hatala, Sharon Hatala
733 Brookedge Terrace
Sec. 54- 2- 7.5(c)(2) Accessory structures.
(c) General regulations of accessory buildings:
(2) No accessory structure shall be constructed or maintained without a building permit
being issued by the city's building official expressly designating the type of the accessory
structure (example: garage, shed, pump house).
Respondent Brock Hatala was not present; it was noted that he had not picked up the Notices of
Hearing that was sent by certified mail. Code Officer Iachini testified the there were no building
permits for the shed and fence on the property. He issued notices of violation (courtesy) on October
92009; Mr.Iachini asked the renter to let the landlord (Mr. Hatala) know about the violations and tell
him he would be getting letters (formal Notices of Violation) in the mail. Mr. Hatala called Mr.
Iachini, who explained what he needed to do; Mr. Hatala responded that he would apply for "after
the fact" permits later the same day or the next Monday. When Mr. Iachini returned to work in
December after a medical absence, he found that Mr. Hatala had never applied for a permit. It was
established that the Notice of Hearing had been sent to the forwarding address for Mr. Hatala in Vero
Beach, which was the same address at which he had signed for the Notices of Violation.
Mr. Hancock found the City's proposal acceptable and signed orders for each violation whereby the
Respondent was given 10 days in which to apply for and have the building permits approved or be
fined $20 per day for each day the property remains in non compliance.
3. Compliance Hearing:
Case No. 08 -20550
Tracy and Shannon Cook
868 Schumann Drive
Neither Tracy nor Shannon Cook was present. City Attorney Ginsburg explained that
the reason for this case being on the docket was to correct a caption, that is, the
street number of the Cook's property. Mr. Hancock corrected the orders by hand.
4. The hearing was adjourned at 2:33 pm.
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