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HomeMy WebLinkAbout20150818SM Minutes�BASfir�q, PARTMPAl SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING August 18, 2015 The hearing was called to order at 2:45 p.m. by Special Magistrate Kelley H. Armitage. All persons to speak were sworn in earlier. Present: Special Magistrate Kelley H. Armitage, City Attorney Robert Ginsburg, Code Enforcement Officer Richard Iachini, Administrative Assistant Jean Tarbell. Mr. Ginsburg read the docket, Case number 14-42461, in the matter of Jennifer Fazaa, 609 Browning Terrace, Sebastian, Florida 32958. Mr. Ginsburg called Code Officer Richard Iachini for testimony. Code Officer Iachini identified himself and his years of service with the City of Sebastian. Code Officer Iachini reviewed the code for unlicensed vehicles and detailed the events of his numerous site inspections of 609 Browning Terrace from December 30, 2014 through compliance on March 28, 2015. Code Officer Iachini noted that he had spoken to Ms. Fazaa's son in November 2014 regarding the unlicensed vehicle and her son said that his mother, Ms. Fazaa, was going to have the vehicle towed off the property. Code Officer Iachini visited the site 37 times. Code Officer Iachini showed photos via a PowerPoint presentation that were taken during the inspections. He noted that a fine of $20.00 per day was levied from January 30 through March 27, 2015. Mr. Ginsburg requested the photographic evidence be included as a composite exhibit. Magistrate Armitage asked Ms. Fazaa if she had any objections to the admission of the pictures into evidence, she replied no and the photos were entered into the record. Mr. Ginsburg stated the city has concluded their presentation. Magistrate Armitage asked Ms. Fazaa if she had any question for Code Officer Iachini. Ms. Fazaa stated she did not understand why she shouldn't have a car in her driveway as opposed to the yard. Magistrate Armitage asked again if she had any questions regarding his testimony; Ms. Fazaa said no. Magistrate Armitage called Ms. Fazaa to the podium to present her testimony. Ms. Fazaa asked what makes it better for a car to be in the yard when it belongs in the driveway. She stated nobody could give her a good reason as to why. Magistrate Armitage responded that the only reason is that the city has an ordinance that says an unregistered car cannot be in the driveway, it cannot be in front of the house. Ms. Fazaa said the left side of her house sticks out and if the car were pulled closer to the garage door would it then have been legal. Mr. Ginsburg asked Ms. Fazaa how far the left side of her house sticks out and she said about eight to ten feet. Ms. Fazaa said if she pulled the car right up to the garage it would only stick out a foot or two. Mr. Ginsburg then asked if that is correct you wouldn't have had a violation, why didn't you pull the car up. She responded that they would not be able to get in or out of the garage door. Mr. Ginsburg then said according to her testimony, if she had pulled the car up to the garage door she would have avoided the fines and this proceeding. Ms. Fazaa said she could have turned it sideways and it would have been okay; Mr. Ginsburg asked why she didn't. Ms. Fazaa said the car wouldn't start and it wasn't her car. It belongs to her ex-husband. Magistrate Armitage pointed out that they have been discussing subparagraph (a) but there is also subparagraph (b) and he sees another car in the photos that is lacking a tag and that would make two. Ms. Fazaa said the blue car is gone. Mr. Ginsburg said to Ms. Fazaa that this is her opportunity to explain her circumstances to the Special Magistrate. As far as the city is concerned, we believe you owe us $1,431.91 as a result of the $20.00 per day fine, the administrative cost, and the interest all together. He added that he set the hearing before the Special Magistrate to give Ms. Fazaa an opportunity to explain to him why you should not have to be required to pay any or any portion of that amount. Ms. Fazaa responded that it is her property and she thinks it is ridiculous to have to pay to park a car in her driveway. She added that she did not care what the ordinance says; it's a car in a driveway. Magistrate Armitage responded that Ms. Fazaa is addressing the wrong arm of the city and if she thinks that the ordinance does not make any sense, which falls within the purview of the city council. Magistrate Armitage added that if Ms. Fazaa has any circumstances why he should consider regarding a fine or administrative costs. Ms. Fazaa said she does not have an extra $1400 to pay to park her car in the driveway. Magistrate Armitage asked if there were anything else Ms. Fazaa wished him to consider such as any mitigating circumstances other than the fact the she disagrees with the ordinance. Ms. Fazaa replied, "Correct." Magistrate Armitage stated that in light of hearing all the evidence he finds that the city has met its burden. He did not find Ms. Fazaa's arguments to be persuasive. It is not within our purview to discuss the wisdom of the ordinance but to simply enforce the ordinance. Magistrate Armitage stated Ms. Fazaa failed to comply with the ordinance, the city has explained the fine and the administrative costs and so Ms. Fazaa is hereby ordered to pay that total within five days. Magistrate Armitage added that should Ms. Fazaa not pay that, he asked Mr. Ginsburg to explain what would happen next. Ms. Fazaa then asked if she could make payments on it and Mr. Ginsburg responded that he believed the Finance Department would work with her on a payment plan. Mr. Ginsburg added that if she does not arrange a payment plan with them and she doesn't make any payments, then a lien will be placed on her property. The city would then have the option of either foreclosing on the lien the way a mortgage would if you don't pay the mortgage payments or, more likely, that lien will stay there and when the house gets sold, whenever that occurs, that lien will have to be paid from the proceeds of the sale. Mr. Ginsburg stated that it is his strong recommendation that Ms. Fazaa work out some kind of a payment plan with the finance department that would meet your needs and make regular payments and reduce that amount and eventually eliminate it. Hearing adjourned at 3:17 p.m. 2