HomeMy WebLinkAbout03152011SM MinutesCase No. 11 -8301
Tracy and Shannon Cook
868 Schumann Drive
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
March 15, 2011
1. The hearing was called to order at 2:01 p.m. by Special Magistrate David Hancock.
2. Present: Special Magistrate David Hancock, City Attorney Robert Ginsburg, Code
Enforcement Officer Richard lachini, Code Enforcement Clerk Susan Lorusso.
3. Mr. Hancock swore in staff.
4. Initial Hearing of Code Violations:
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. 11 -10005 AND Case No. 11 -11488
Tracy and Shannon Cook
868 Schumann Drive
Sec. 54 -2 -7.13 Mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles.
(b) Parking and storage of recreational vehicles. Recreational vehicles as described herein may be
parked, stored or placed on any improved lot in any residential district, provided that:
(4) The recreational vehicle is located to the rear of the front building line, and in no event less
than 25 feet from the front lot line, or is located wholly within a carport or garage.
Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on an
improved corner lot, the recreational vehicle need only be located behind the front yard
setback for such improved corner lot and need not be located to the rear of the front building
line for the secondary front yard.
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Case No. 11 -11487
Tracy and Shannon Cook
868 Schumann Drive
Sec. 54 -1 -2.3 Required permits.
(a) Building permits. Within the corporate limits of the City 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.
Mr. Ginsburg requested all items be called into the record so they may be dealt with at the
same time. Magistrate Hancock did so. Officer Iachini identified himself and described two
documents detailing a record of all the violations he has issued over the past six years to 868
Schumann Drive. He handed the documents to Magistrate Hancock. Mr. Ginsburg
explained that Mr. Cook is a repeat offender with respect to the code. Mr. Ginsburg requested
in the future instead of providing warnings with time frames in which to comply, that there
be a citation issued with respect to any violation(s). Mr. Ginsburg suggested a simple order
be entered combining all the cases. The order would indicate for the next year if any
perceived violations occur, citations will be filed. If a Magistrate Hearing is required within
the next year, then administrative costs for that hearing will be combined with the
administrative costs for this hearing. Ms. Lorusso confirmed that the administrative costs
currently are $95.00, which Mr. Ginsburg requested be held in abeyance.
Officer lachini testified that he spoke with Mr. Cook via phone. Mr. Cook stated at that time
that he would not be in attendance at this hearing, he obtained all the necessary permits and
discussed with Officer lachini the trailer /shed situation. According to Officer Iachini, Mr.
Cook stated that the item in question is a trailer and Officer lachini reminded him of the code
limitation of two recreational vehicles per property. Officer Iachini also informed Mr. Cook
that he would be requesting a judgment from the magistrate stating that future violations will
be citations and not notices of violations. Officer Iachini said Mr. Cook agreed to that
statement.
Magistrate Hancock read from FS 162.06 (3) "...if the repeat violation has been corrected the
Code Enforcement Board" or in this case the Special Magistrate, "retains the right to
schedule a hearing to determine costs and impose the payment of reasonable enforcement
fees upon the repeat violator." Mr. Ginsburg said the cost would only be imposed in a
subsequent hearing before the Magistrate.
Officer Iachini presented to Magistrate Hancock photos he took at 868 Schumann Drive.
Mr. Ginsburg will draft an order for the Magistrate's review and signature.
5. The hearing was adjourned at 2.25 pm.
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