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HomeMy WebLinkAbout05-16-2017 Minutesg ,,BASTIA" POLICE D PPARTMEIyT C r0 T p SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING May 16, 2017 1. The hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. 2. Present: Special Magistrate Kelley H. Armitage, City Attorney Robert Ginsburg, Code Enforcement Officer Richard Iachini, Building Director, Wayne Eseltine, Recording Secretary, Jean M. Tarbell. 3. Hearing of Code Violation: Case No. B 17-1017 — Robert Zitzman 2 Calamondin Street Sebastian, FL Sea 26.34.08(b)Unsafe Structures Abatement Code Case No. B 17-1018 — Gonzalo Herrera 2 Calamondin Street Sebastian, FL Sec. 26-171 (a) Prohibited Activities Sec. 489.127 (1) (h) Procedure for Enforcement of Contractor Licensing Statutes Sec. 26-171 (1) Causes for Disciplinary Action City Attorney Robert Ginsburg presented Magistrate Armitage with documents supporting the Finding of Facts and Conclusion of Law and Order for both cases. Magistrate Armitage read docket, Case No. B 17-1017, in the matter of Robert Zitzman and Case No. 17-1018, in the matter of Gonzalo Herrera. Magistrate Armitage called for testimony. Robert Zitzman and Gonzalo Herrera were not present. Magistrate Armitage stated that the City of Sebastian is seeking fines and administrative fees. The total fine amount to date is $1,200.00 and administrative fees to date total $253.00. Magistrate Armitage asked Wayne Eseltine if he wanted the fine to continue. In response, City Attorney Ginsburg advised that the City would like to continue with a $20.00 per day fine instead of the current $50.00 per day. In response to a few questions posed by Magistrate Armitage to Wayne Eseltine concerning Mr. Eseltine's contact with the defendants, Wayne Eseltine explained that he initially spoke to the owner of the property after the first violation was issued and that the work continued without the issuance of any permits. He stated that the owner did come in and at that time, he was given the Notice of Unsafe Structure. Also, at that time, the owner denied knowing the contractor. Mr. Eseltine stated that the Stop Order was issued and at the last visit to the property which was on May 15, 2017, "No Trespassing" signs were observed. Mr. Eseltine also stated that after the "Stop Order" was placed on the property, it was later found at another construction site, west of Sebastian. Mr. Eseltine presented the Special Magistrate with the Orders for both cases. Magistrate Armitage asked Wayne Eseltine what sort of relief he was seeking from the contractor. Mr. Eseltine indicated that he was seeking the fine and administrative fees plus $20.00 per day imposed for non-compliance of the order and that a lien would be placed on the contractor. Since the contractor is licensed, but inactive, Wayne Eseltine explained that he contacted the Department of Professional Regulation, and was told to submit all of the paperwork, for a contractor lien and a case would be opened and that action would be taken as deemed necessary. Magistrate Armitage asked Wayne Eseltine if the structure was determined to be unsafe. Mr. Eseltine explained that there was no documentation indicating whether it was installed properly or not. He continued to explain that the Department of Motor Vehicles regulates the Code, that manufactured homes fall under. A re -roof not like and kind, falls under the Florida Building Code and that is why it needed to be permitted. Once again, Wayne Eseltine explained that the owner stated he was unaware of a roof being put on, but if that was the case why did he come in when a stop order was issued. Magistrate Armitage asked that Wayne Eseltine be sworn in. Wayne Eseltine was sworn in to testify. Magistrate Armitage directed questioning to Wayne Eseltine as follows: Magistrate Armitage: In the absence of anyone here for the defendant, I was provided a packet for each case, can you testify that the packets substantiates all of the facts necessary in order to establish a prima facie case, and a case beyond a reasonable doubt, in each one of these two cases. Wayne Eseltine Response: Yes Magistrate Armitage: The orders I have been provided by the City accurately reflect what the packets have in their totality. Wayne Eseltine Response: Yes Magistrate Armitage: With that testimony, I find the City has met its burden to substantiate its case and find for the City and enter an order in the courts with the remedies and penalties as requested by the City. Hearing adjourned at 2:19 p.m.