HomeMy WebLinkAbout05-17-2018 Minutes
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MAY 17, 2018
1. The hearing was called to order at 2:04 p.m. by Special Magistrate Kelley H.
Armitage.
2. Present: Special Magistrate Kelley H. Armitage, City Attorney James Stokes,
Code Enforcement Officer Richard Iachini, Administrative Assistant Janickie Smith, and
Janet Graham, Technical Writer.
3. Ms. Smith swore in staff and all persons who would be speaking.
4. Hearing of Code Violation:
Case No. CE-18-012457
Albert Clinger
561 Benedictine Terrace
Magistrate Armitage read the docket for appeal of code violation and called on the City
to present their case. Mr. Stokes called Code Officer Richard Iachini, who identified
himself, his position with the City, and length of service.
Mr. Iachini reviewed the dates he visited 561 Benedictine Terrace, the reasons for the
site inspections, which were recreational vehicles being parked in front of the front line
of the house and more than two recreational vehicles at a time parked on the property.
Mr. Iachini presented photographs he took. He stated that when he was taking the
photographs Mr. Clinger stated he felt threatened by Mr. Iachini, and Mr. Iachini was not
to come on the property again. On April 4, Mr. Iachini was advised that the case was
going to go before the Magistrate and to have a police officer stand by when the posting
was made and photographs were taken. On May 3 the posting w as made and
photographs taken showing a total of four vehicles parked on the property. The posting
stated that Mr. Clinger would be expected to appear before the Magistrate this month.
Mr. Iachini stated that earlier this morning he went to the property to ta ke photographs,
which are dated May 17, and show three recreational vehicles parked on the property.
Magistrate Armitage asked Mr. Clinger if he had any questions for Mr. Iachini on his
testimony. Mr. Clinger stated he did not. Magistrate Armitage asked Mr. Stokes if the
City had anything further. Mr. Stokes stated he had nothing further.
The City rests its case.
Magistrate Armitage then asked Mr. Clinger to present his testimony. Mr. Clinger stated
that the trailers that were mentioned by Mr. Iachini are moved in and out every day. As
far as the jet skis, he parks them in the driveway after use so he can maintain them. He
stated he does not want Mr. Iachini or anyone else coming on his property; If Mr. Iachini
needs to notify him of something, to mail it. Mr. Clinger stated he is prepared to seek
legal counsel against the City in this matter. Magistrate Armitage asked Mr. Stokes to
explain to Mr. Clinger the posting requirements. Mr. Clinger stated he did not need the
requirements explained to him. He stated he is going to continue what he has been
doing.
Magistrate Armitage asked Mr. Stokes if he had any questions of Mr. Clinger. Mr.
Stokes stated he had no questions.
Mr. Stokes made a closing statement that, based upon the actions of the homeowner
the City would ask for the finding of a violation with a daily fine, as it appears the
homeowner does not plan to comply. Mr. Clinger explained that there are not three
permanently parked vehicles on his property, that one vehicle comes and goes and is
not parked there permanently, and he does not u se any trailers for storage of
equipment. He further stated that if the City wants to impose fines, he will seek legal
counsel. Mr. Stokes stated the City will be submitting their case on the testimony and
the evidence presented. Mr. Stokes explained that with a home business address, the
business cannot be operated there and equipment cannot be stored there, so if these
vehicles are part of the business and are stored out front, they constitute a violation.
Magistrate Armitage asked Mr. Clinger, after hearing Mr. Iachini's testimony and the
position of the City, if there is any way to resolve this situation. M r. Clinger is of the
opinion that the position of the City is not correct, and he does not st ore materials at the
property, that he has a warehouse for storage of work materials. Magistrate Armitage
stated he is concerned about the fact that Mr. Clinger stated the activity is going to
continue.
Magistrate Armitage asked Mr. Stokes if the City has anything further. Mr. Stokes
stated this is a case where the homeowner has too many vehicles parked at the
property, and there is material stored there, even if it is for a short time. His home
occupational license does not provide for this. The City feels it is a violation, the officer
is out there frequently, and it is a repeated situation. Mr. Clinger feels if the City cannot
prove the material is used for his business, they cannot fine him.
Magistrate Armitage asked if it is the City's position that the jet skis are in violation. Mr.
Iachini stated that the Ordinance states there can only be a combination of two
recreational vehicles on a property, and a trailer cannot be used for storage of material
on the property. If it's a closed-in trailer, it is permissible, but it is not permissible to
have materials stacked on an open trailer and stored on the property. Magistrate
Armitage asked Mr. Clinger if that material is now gone, and Mr. Clinger answered yes,
but the material along the side of his house is for his personal use.
Magistrate Armitage asked again what Mr. Clinger needs to do in order to be in
compliance with the Code. Mr. Iachini stated the homeowner has to keep the trailers
down to two, for whatever period of time. If he is going to have a work trailer at the
house, he can only have one trailer with jet skis on, or keep one or more in the garage.
Ms. Janickie stated the City takes the stance that, if maintenance is required for boats
or jet skis when they are being brought in or out for preparation, the homeowner can
notify the City and the Code Enforcement Department can let the officer know. Mr.
Clinger stated he had no problem with that. Magistrate Armitage asked Mr. Clinger if he
has room in the garage for the jet skis. Mr. Clinger stated that, according to his
interpretation of the law, he is in compliance because the truck is his personal vehicle,
and the majority of the time the trailers are not on the property . Mr. Stokes stated that
this is a condition that is partly created by the homeowner having a home business. He
could surrender his home business license, take his business to a business location,
and keep all his trucks and trailers at the business locatio n. This situation is partially
created because the homeowner wants to use his home as his business address.
Magistrate Armitage asked if there is anything further. Mr. Stokes stated no, the City
submits their case as presented.
Magistrate Armitage ruled that, this being the only case, he will take the case under
advisement.
5. The hearing was adjourned at 2:36 p.m.