The URL can be used to link to this page

Home My WebLink About10-24-2017 DockettiBASTIq POLICE pEpAftn;� RTM.iT SEBASTIAN POLICE DEPARTMENT 1201 Alain Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline: 772-3884436 DOCKET OFSPECL9L MAGISTRATEHEARING Tuesday, October 24, 2017 2:00 pm Council Chambers, 1225 Main St., Sebastian, FL 32958 1. Call to Order 2. Initial Hearing of Code Violations: Case No: B 17-1019 MR. KARL CZAPLICKI & KAREN KANG 110 ABLETT TERRACE Sec. 26-34 Unsafe Structures and Abatement 3. Adjournment ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITES ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS HEARING SHOULD CONTACT THE CITI^S ADA COORDINATOR AT (772) 589.5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. BK-. 3075 PG: 1267 CITY OF SEBASTIAN CODE ENFORCEMENT SPECIAL MAGISTRATE NW1UV ". V-V t • CASE NO. B17-1019 MR. KARL CZAPLICKI & KAREN KANG, 110 ABLETT TERRACE SEBASTIAN, FL. 32958 RESPONDENT FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Special Magistrate of the City of Sebastian, on October 24, 2017 after due notice to the Respondents, and based on the evidence presented the Special Magistrate makes the following: FINDINGS OF FACT 1. The owners of the property located at 110 Ablett Terrace, Sebastian, Florida (hereinafter "the Property") are Karl Czaplicki and Karen Kang. 2, Building Official was notified by a Code Enforcement Officer on 9/26/2017 that it appeared someone was living in a separate unit at 110 Ablett Terrace. The Building Official also received a similar notification from an Environmental Specialist of the Indian River County Health Department by e-mail on 9/26/2017, which indicated that there were two rental units in this building, the tenant has an infant child and was in fear of the power being shut off in connection with a permit that was issued to the owner for an electrical service change. 3. On 9/26/2017, the property at 110 Ablett Terrace, Sebastian, Florida consisted of two separate dwelling units with separate entrances from the exterior. 4. A permit was issued by the City of Sebastian to the then -owner of the Property in 1985 for an addition to the Property that included a den, utility room, and garage extension. The 1985 permit did not include any plans for a kitchen or bathroom. On 9/26/2017 this same area of the Property (hereinafter referred to as "Dwelling Unit 2") consisted of a bathroom, full kitchen, and living quarters. BK: 3075 PG: 1268 5. The addition or conversion to a bathroom, kitchen, and living quarters to Dwelling Unit 2 was completed without mandatory inspections as required by Section 110.3 of the Florida Building Code. 6. No building permit was issued by the City of Sebastian authorizing the conversion of the property at 110 Ablett Terrace to two separate building units, as required by Section 105.1 of the Florida Building Code. 7. On September 26, 2017, a tenant Alexa Pryor was residing in Dwelling Unit 2 of the Property. Alexa Pryor had no access to the portions of the Property that were not added per the plans provided in the 1985 building permit (such areas of the original building hereby referred to as "Dwelling Unit 1'D 8. On September 26, 2017, tenant Alexa Pryor authorized the Building Official to enter and inspect the Property. 9. Section R302.3 of the Florida Building Code requires a fire barrier wall to separate dwelling units in a single structure. 10. A Notice of Violation for Unsafe Structure was sent by the City of Sebastian Building Department to Respondent Mr. Karl Czaplicki, at 110 Ablett Ten -ace, Sebastian, FL 32958 via certified mail [return receipt requested] on 9/27/2017. The mailing address listed in the Indian River County Tax Collector's office for tax notices and the address listed in the Indian River County Property Appraiser's database for the property located at 110 Ablett Terrace, Sebastian, Florida is Karl Czaplicki, 110 Ablett Terrace, Sebastian, FL 32958. 11. The Notice of Violation for Unsafe Structure was also posted at the main entrance to 110 Ablett Terrace on 9/27/2017 which was vacant at the time. At the time of posting, no one answered the door, and it appeared that there was no one on the property. 12. On 10/2/2017 a new family moved into Dwelling Unit 1 of the Property. 13. As of 9/30/2017, tenant Alexa Pryor no longer resides in Dwelling Unit 2 of the Property. 14. In the Notice of Unsafe Structure the respondent was given 30 days to vacate the additional tenant space at 110 Ablett Terrace and given 45 days to obtain a building permit to satisfy code violations and 180 days to complete the work. The respondent filed an appeal to the Notice of Unsafe Structure to the office of the City Clerk on 10/3/2017. 15. The property located at 110 Ablett Terrace is in Zoning District RS-10. 16. The City of Sebastian sent Respondent Karl Czaplicki a Notice of Hearing on October 12, 2017 via certified mail. [The Notice of Hearing was delivered to Karl Czaplicki on October 14, 2017.] 17. The City of Sebastian sent Respondent Karen Kang a Notice of Hearing on October 12, 2017 via certified mail. [The Notice of Hearing was delivered to Karen Kang on October 14, 2017.] BK: 3075 PG: 1269 WHEREFORE, based upon the aforementioned Findings of Fact, the Code Enforcement Special Magistrate makes the following: CONCLUSIONS OF LAW Any person failing to comply with a notice of violation shall be deemed guilty of a civil infraction on the basis of strict liability, per Section 26-34.06 (c) of the City of Sebastian Unsafe Structures Abatement Code. Respondent is hereby found to be in violation of Sec. 26-34 of the Unsafe Structures Abatement Code of the Code of Ordinances of the City of Sebastian, Florida for the following: 1. On September 26, 2017, and for an unspecified period of time prior to that date, the Property consisted of a two-family dwelling unit. 2. The conversion of the property at 110 Ablett Terrace to two separate building units without obtaining a building permit violates Section 105.1 of the Florida Building Code, which is incorporated into Section 26-31(a) of the Code of Ordinances, City of Sebastian. 3. The addition of a bathroom, kitchen, and living quarters to Dwelling Unit 2 of the Property was completed without mandatory inspections in violation of Section 110.3 of the Florida Building Code, which is incorporated into Section 26-31(a) of the Code of Ordinances, City of Sebastian. 4. The absence of proof of installation of a fire barrier wall between the two separate building units of the Property is a violation of Section R302.3 of the Florida Building Code and constitutes a threat to life and safety in violation of Section 26-34.08(f) (6) of the Unsafe Structures Abatement Code, Code of Ordinances, City of Sebastian. 5. The City now seeks an order to abate the violations causing the owner to obtain building permit(s) necessary to restore the residential property to a single family dwelling in its original permitted condition as found in the building permit records of the city. Provided by Section 26-34.06 (e) of the City's Unsafe Structures Abatement Code. 6. The property located at 110 Ablett Terrace is in Zoning District RS-10. Maintaining a two family dwelling in an RS-10 Zoning District is a violation of Section 54-2-5.2.3 of the City of Sebastian Land Development Code. 7. Florida Statutes 162.09(2)(a) authorizes the Code Enforcement Board or Special Magistrate to impose a fine not to exceed $250 per day for first violation and $500 per day for a repeat violation, plus costs for repair. 8. Florida Statutes 162.09(2)(d) authorizes the Code Enforcement Board or Special Magistrate to impose additional fines to cover all costs incurred by the local government in enforcing its codes. Reasonable costs to the building department and to other departments of the City of Sebastian associated with the foregoing and the administrative proceedings to date are $518.00. BK: 3075 PG: 1270 WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED as follows: 1. Respondent is hereby ordered to to obtain the building permit(s) necessary to restore the residential property to a single family dwelling. Respondent is to remove the sink and stove outlet including 220V electrical wiring in connection with dwelling unit 2 and create an unobstructed route from dwelling unit 2 to the main entrance of the home to the satisfaction of the building official. 2. Respondent has until November 22, 2017 to obtain all permit(s) and complete all inspections necessary to restore the residential property to a single family dwelling. 3. Failure to comply with the order within the time specified shall result in a hearing before the Special Magistrate which may result in additional fines and penalties. 4. Respondent shall pay $500.00 for administrative costs to the Building Department by November 22, 2017. RENDERED this Z y day of OGTn L W , 2017, in Sebastian, Florida. firs? stays mai i crcd A true and correct copy hereof was delivered to Respondents by-delivM/certified mail this day of NOVPrn Vr-,- 2017. Clerk, Code lrcement 3120170069853 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3075 PG: 1266,12/5/2017 2:34 PM I, Jeanette Williams, do hereby certify that this is a true and correct copy of the Order Imposing Fine for Case No. 1317-1019 dated October 24, 2017. I hereby affix my signature this 101h day of November, 2017 J tte �tIy�/illiams, m! - Cit CITY OF S. TIAN CODE ENFORCEMENT SPECIAL MAGISTRA-TE'.._A. 1, IN THE MATTER OF: MR. KARL CZAPLICKI 110 ABLETT TERRACE SEBASTIAN, FL. 32958 RESPONDENT ORDER IMPOSING FINE CASE NO. B17-1019 THIS CAUSE came before the Code Enforcement Special Magistrate of the City of Sebastian, on October 24, 2017 for consideration under the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER entered in this cause October 24, 2017, and it being proved that a violation of the City Code of Ordinances occurred at 110 Ablett Terrace, SEBASTIAN, FL. and in consideration of the circumstances herein, it is 19Ttb)0;7Z)a71 1. An order is hereby entered to require Respondent to obtain the building permit(s) necessary to restore the residential property to a single family dwelling. Respondent is to remove the sink and stove outlet including 220V electrical wiring in connection with dwelling unit 2 and create an unobstructed route from dwelling unit 2 to the main entrance of the home to the satisfaction of the building official. 2. Respondent has until November 22, 2017 to obtain all permit(s) and complete all inspections necessary to restore the residential property to a single family dwelling. 3. Failure to comply with the order within the time specified shall result in a hearing before the Special Magistrate which may result in additional fines and penalties. 4. A fine for administrative costs in the amount of $500.00 shall be paid to the Building Department by November 22, 2017. DONE AND ORDERED this Z y4lday of 0(— v%tr— „ 2017 CITY OF SEBAbTIAN, Fl i Koe-l!' e,Special to s�-CicsS A true and correct copy hereof was delivered to Respondents by li A ,W,.,.#,'certified mail this —9 '—dayof I4Od2minir 2017. Clerk, Code Enforcement