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On March 6th, an order to cease and desist occupancy was issued <br />to Robert Hamilton of Sebastian Associates, and notification <br />was made that failure to comply would result in action by the <br />County to enforce its ordinances and impose such penalties as <br />are allowed by law. Subsequently, an application for approval <br />of the minor site modifications was submitted; however, 108th <br />Avenue was not paved and occupancy of the building continued. <br />Therefore, on March 22, 1985, Edward Aho, a representative of <br />Sebastian Associates, was presented with a notice to appear at <br />the March 25th meeting of the Code Enforcement Board. Due to <br />the contention of the developer's attorney that insufficient <br />notice was given, the matter was not heard, and the hearing was <br />postponed until the April 22nd meeting. <br />It is because of the time length between sequential meetings of <br />the Code Enforcement Board, and the developer's refusal to <br />comply with the cease and desist order, that the matter is <br />being brought before the County Commission. It is hereby <br />requested that the County Attorney's Office be directed to seek <br />an injunction, through the Circuit Court, against Sebastian <br />Associates' occupancy of the real estate sales office. <br />RECOMMENDATION <br />As the Planning and Development Division's efforts to stop <br />Sebastian Associates' illegal occupancy have been met with <br />refusal to comply, it is recommended that permission be given <br />to seek an injunction against the developer. <br />Planning Director Robert Keating asked direction as to <br />how staff should approach these cases in the future and how <br />vigorously the Board wants this enforced. <br />Commissioner Bird asked what staff recommended to the <br />Code Enforcement Board, and Director Keating explained that <br />he tried to get it on that agenda for the last meeting, but <br />the attorney stated that they did not give sufficient <br />notice; staff is now asking for an injuction for Sebastian <br />Associates to vacate the premises. <br />Commissioner Scurlock suggested that an alternative <br />might be to post a bond for the minor improvements. <br />Commissioner Wodtke understood that the discrepancies <br />would be handled administratively through a minor site plan <br />modification, but Administrator Wright did not feel the <br />paving could be handled that way. <br />Michael O'Haire, attorney representing Sebastian <br />Associates, understood Mr. Keating's concern about <br />74 <br />APR 101985 <br />BOOK 60 FAGS 595 <br />