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HomeMy WebLinkAbout12172013SM Minutes 1 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING December 17, 2013 1. The hearing was called to order at 2:00 p.m. by Special Magistrate David Hancock. 2. Present: Special Magistrate David Hancock, City Attorney Robert Ginsburg, Building Official Wayne Eseltine, Code Enforcement Clerk Susan Lorusso. 3. Mr. Hancock swore in staff and all persons that would be speaking. 4. Hearing of Code Violation: Magistrate Hancock read the violation case to be heard and called on Mr. Ginsburg. Case No. B13-1010 Jack R. Will 532 Periwinkle Drive DBA Will Paint, LLC Sec. 26-171 (a) acting in the capacity of a contractor without being issued a certificate of competency from a local construction board or certification from the State of Florida Sec. 26-171 (c) it is unlawful for a person who requires a contractor’s license but does not possess a contractor’s license to advertise that they are in the business of contracting. Mr. Ginsburg called Richard Ciasullo of 1531 Cownie Lane. Mr. Ciasullo testified that he contacted Will Paint on a recommendation from a neighbor and entered into a contract with Will Paint to remove carpet, carpet pad and tack strips and install tile in the master bedroom and closet. Mr. Ciasullo stated he made arrangements with Mr. Will to do the work while he was out of town and gave specific instructions for entering and leaving his house. Upon return, Mr. Ciasullo inspected the work performed by Mr. Will and found it to be deficient. Mr. Ciasullo got three other contractors to inspect the work and they agreed it was poorly done. When Mr. Ciasullo confronted Mr. Will, Mr. Will offered to comp the work and said he was not a tile installer although the sign on his truck states he is as well as his website. Mr. Ciasullo filed a Contractor Complaint with the Building Department on October 9, 2013. Mr. Ginsburg then called Wayne Eseltine, Building Official. Mr. Eseltine identified himself, his position and length of employment with the City of Sebastian. He testified that Mr. Ciasullo filed a complaint against Will Paint on October 9, 2013 and the Building Department issued a citation to Will Paint on November 7, 2013. Mr. Eseltine explained that 2 tile installation is a tested trade and Mr. Will has not obtained a license to install tile. Mr. Eseltine said that Mr. Will was in violation of Section 26-171 (c) as he advertised on his vehicle and website that he was a licensed tile installer. Mr. Ginsburg then rested the city’s case. Mr. Hancock then called Mr. Jack Will. Mr. Will represented himself. He showed a photo of the sign on his truck, which was entered into the record as Defendant’s Exhibit 1. The sign notes Interior/Exterior Painting, Power Washing, Drywall Repair, Tile Installation. Mr. Will offered to remove tile installation from his sign and website. Mr. Will stated that in 2010 when he applied for his painting contractor license with the city he spoke with Karen Park and asked her what was needed to add tile installation to his license. After they discussed the extent of work he would be doing, Ms. Park said she did not find anything it fell under and couldn’t give him a definitive answer. Mr. Will admitted that he then assumed tile installation fell under handyman. Upon cross examination, Mr. Ginsburg presented a copy of the letter of intent Mr. Will submitted with his business license application which specifically states he will only be performing painting, which is a non-tested trade. Mr. Hancock asked Mr. Eseltine why there were two fines of $250.00 and Mr. Eseltine responded that there are two violations, Section 26-171 (a) acting in the capacity of a contractor without a certificate of competency and Section 26-171 (c) advertising as a contractor’s business without possessing a certificate of competency. Mr. Will added in his closing remark that his letter of intent was written prior having the conversation with Ms. Park about possibly doing tile work. Magistrate Hancock ruled that based on the testimony, Mr. Will of Will Paint did act in the capacity of a contractor and advertised such services. Mr. Will shall pay a fine of $500.00 for the two violations of the City of Sebastian code of Ordinances and shall pay $112.00 for administrative costs to the Building Department. All fines are to be paid by December 27, 2013. Failure to pay the fines and costs will result in an additional fine of $20.00 per day for each day not in compliance. Case No. B13-1011 Dan Miller 133 Mabry Street DBA Splash H2O Outdoor Living Sec. 26-171 (a) acting in the capacity of a contractor without being issued a certificate of competency from a local construction board or certification from the State of Florida Mr. Ginsburg called Steven Prochoroff of 1056 Topsail Lane. Mr. Prochoroff stated he contracted Mr. Miller to do paver installation outside his house as well as tile installation in a bathroom shower including walls, floor, replacing shower pan, and cement backer board on walls. Mr. Ginsburg called Wayne Eseltine, City of Sebastian Building Official. Mr. Eseltine stated that they received a citizen’s complaint for paving work as well as tile work, which is a licensed category and the installer does not hold a certificate of competency. 3 Mr. Miller questioned the reason for the citation and Mr. Eseltine stated it was based on the contract the two parties entered into. Mr. Miller then argued the difference between a proposal and a contract. He added that he was being harassed by Mr. Prochoroff at which point Magistrate Hancock said that was a law enforcement matter and he had no jurisdiction in this hearing for those complaints. After much discussion about the difference between a proposal and contract, it was determined there was no difference; discussion then turned to the difference between paver and tile installation. Mr. Miller was not forthcoming regarding the work he specifically did at 1056 Topsail Lane as well as other jobs he has performed. Mr. Eseltine explained the difference as to the material and process of installing outdoor pavers and indoor tile. Magistrate Hancock ruled that Mr. Miller shall pay a fine of $250.00 for a violation of the City of Sebastian Code of Ordinances as well as $112.00 for administrative costs to the Building Department. All fines are to be paid by December 27, 2013 and failure to do so will result in addition fines of $20.00 per day for each day not in compliance. 5. The hearing was adjourned at 3:30 pm.