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HomeMy WebLinkAbout11-15-2018 Minutes SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING NOVEMBER 15, 2018 1. The Hearing was called to order at 10:04 a.m. by Special Magistrate Kelley H. Armitage. 2. Present: Special Magistrate Kelley H. Armitage, City Attorney James Stokes, Code Enforcement Offficer Richard Iachini, Code Enforcement Officer Curtis Bloomfield, Administrative Assistant Janickie Smith, Janet Graham, Technical Writer. 3. Ms. Smith swore in staff and all persons who would be speaking. Mr. Stokes indicated that the City has adjusted the procedure for the Magistrate Hearings as well as the Orders that will be issued. Anyone wishing to speak at these hearings will be recognized, and it will be entered into the record that notice was properly given. 4. Hearing of Code Violation: a. Case No. CE-18-038148 Chris C. and Erica Golden 118 Easy Street Mr. Stokes read the docket for appeal of code violation and called on owners of record, Chris C. and Erica Golden, to present their case. No one being present to offer testimony, he then called Code Officer Curtis Bloomfield, who identified himself and his position with the City. Officer Bloomfield reviewed that he inspected the property at 118 Easy Street on October 10, 2018. Upon inspection of the property he found the grass to be at a height over 10 inches, which is a violation of City Code Section 66-3.11. He then issued a Notice of Violation via Certified Mail to the owners of record. He noted that this property has been vacant for a number of years. The owner of record was sent a notice via Certified Mail, and the property was posted. Mr. Stokes inquired whether there has been any contact with the owner of record or anyone else regarding this property. Officer Bloomfield stated there has not been. PAGE 2 Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owners of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement, a cure period of 10 days, and a $50.00 fine per day thereafter. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. b. CE-18-038133 Jean Machajski and Jean Peters 1097 Phelps Street Mr. Stokes read the docket for appeal of code violation and called on owners of record, Jean Machajski and Jean Peters, to present their case. No one being present to offer testimony, he then called Code Officer Curtis Bloomfield, who identified himself and his position with the City. Officer Bloomfield reviewed that when he inspected the property at 1097 Phelps Street the height of the grass was in excess of 10 inches, which is a violation of City Code Section 66-3.11. He stated that a Notice of Violation was issued to the property owners of record on approximately October 10, 2018 via Certified Mail, and the property was also posted. Officer Bloomfield stated this property has been vacant for years. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owners of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. c. CE-18-039545 Vincent and Dawn Clineman Trionfo 922 Laredo Lane PAGE 3 Mr. Stokes read the docket for appeal of code violation and called on owners of record, Vincent and Dawn Clineman Trionfo, to present their case. No one being present to offer testimony, he then called Richard Iachini, Code Officer for Sebastian, who identified himself and his position with the City. Officer Iachini reviewed that when he inspected the property at 922 Laredo Lane, the height of the grass was in excess of 10 inches, which is a violation of City Code Section 66-3.11. He stated that a Notice of Violation was issued to the property owners of record on approximately October 18, 2018, via Certified Mail, and the property was posted on October 19, 2018, and photos were taken. Those photos are part of the City file. He reinspected the property on November 1, 2018, noting that the property was still in violation. Notice was given of the date and time of this hearing. Officer Iachini stated this property has been vacant for years. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owners of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. d. CE-18-039535 Barbara C. Hawkins 313 Bayfront Terrace Mr. Stokes read the docket for appeal of code violation and called on the owner of record to present her case. No one being present to offer testimony, he then called Richard Iachini, Code Officer for Sebastian, who identified himself and his position with the City. Officer Iachini reviewed that the owner of the property at 313 Bayfront Terrace is deceased and the property is vacant. When he inspected the property, the height of the grass was in excess of 10 inches, which is a violation of City Code Section 66-3.11. He stated that a Notice of Violation was issued to the property owner of record on approximately October 18, 2018, via Certified Mail, and the property was posted on October 19, 2018, and photos were taken. Those photos are part of the City file. He reinspected the property on November 1, 2018, noting that the property was still in PAGE 4 violation. Notice was given of the date and time of this hearing. Officer Iachini stated this property has been vacant for years. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owner of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. e. CE-18-036800 Vincent Olson 455 Biscayne Lane Mr. Stokes read the docket for appeal of code violation and called on the owner of record to present his case. No one being present to offer testimony, he then called Richard Iachini, Code Officer for Sebastian, who identified himself and his position with the City. Officer Iachini reviewed that the owner of the property at 455 Biscayne Lane is deceased and the property is vacant. When he inspected the property, the height of the grass was in excess of 10 inches, which is a violation of the City Code Section 66-3.11. He stated that a Notice of Violation was issued to the property owner of record on approximately September 28, 2018, via Certified Mail, and the property was posted on September 28, 2018, and photos were taken. Those photos are part of the City file. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owner of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. PAGE 5 f. CE-18-027906, CE-18-027907, and CE-18-035892 Edie M. Cannon 594 Bayharbor Terrace Mr. Stokes read the docket for appeal of code violation and called on the owner of record to present her case. No one being present to offer testimony, he then called Richard Iachini, Code Officer for Sebastian, who identified himself and his position with the City. Officer Iachini reviewed that the owner of the property at 594 Bayharbor Terrace is deceased and the property is vacant. After receiving several complaints about the condition of the property, he inspected the property on July 26, 2018. Mr. Stokes asked Officer Iachini to describe the violation regarding Case No. CE-18- 027906. Officer Iachini stated this case is regarding the condition of the primary structure, being the house. It is in a dilapidated condition. The City Building Department Manager accompanied Officer Iachini to the property in order to inspect it, and it was deemed unfit for human habitation. He stated photos were taken of the property and are part of the City file. The property was posted and notice was given to the owner of record via Certified Mail on July 27, 2018. Mr. Stokes asked for those photos to be entered into the file as evidence. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owner of record, to find the property in violation of the Code as well as safety violation regarding unavailability of utilities to the property, and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Mr. Stokes stated he will look into whether the house is to be demolished and will present those findings to the Court for a separate order. Magistrate Armitage so ordered. Mr. Stokes asked Officer Iachini to describe the violation regarding Case No. CE-18- 027907. PAGE 6 Officer Iachini described there being a camper parked on the east side of the property that is very badly deteriorated, and this was written up as a dilapidated vessel. Photos were taken of the camper, and notice was given to the owner of record via Certified Mail on July 27, 2018, and the property was posted. Mr. Stokes asked for those photos to be entered into evidence in this case. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owner of record, to find the property in violation of the Code as well as safety violation regarding unavailability of utilities to the property, and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement and also an order to cover the cost of removal of the camper. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. Mr. Stokes asked Officer Iachini to describe the violation regarding Case No. CE-18- 035892. Officer Iachini stated this was due to grass and weeds exceeding 10 inches, which is a violation of City Code Section 66-3.11. A notice of violation was issued on September 22, 2018 via Certified Mail, the property was posted on September 24, 2018, and photos were taken which are in the record. Mr. Stokes asked that those photos be entered into evidence in this case. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owner of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Magistrate Armitage so ordered. g. CE-18-039516 Avchen Construction PAGE 7 932 Barber Street Mr. Stokes read the docket for appeal of code violation and called on the owner of record, Avchen Construction, to present their case. No one being present to offer testimony, he then called Richard Iachini, Code Officer for Sebastian, who identified himself and his position with the City. Officer Iachini reviewed while driving by the property at 932 Barber Street, he noted the height of the grass was in excess of 10 inches, which is a violation of City Code Section 66-3.11. He stated that a Notice of Violation was issued to the property owner of record on approximately October 18, 2018, via Certified Mail, and the property was posted on October 19, 2018, and photos were taken. Those photos are part of the City file. Mr. Stokes then asked Magistrate Armitage, based upon the facts entered into the record and there being no one present to speak on behalf of the owner of record, to find the property in violation of the Code and request the City after a sufficient cure period of 10 days with a fine of $50.00 per day thereafter to go in and cure any violations and assess the property for those costs as well. In addition, he requested that an order for an administrative fee of $100.00 be issued to cover the cost of enforcement. Mr. Stokes indicated there are photos of the property in the field, and Magistrate Armitage stated that those photos will be maintained with the court file as entered into evidence. Magistrate Armitage so ordered. Mr. Stokes described the four remaining cases on the docket are lien cases where violations have already been issued. The properties remain in noncompliance, and he is asking the Magistrate to certify the fines in these cases. The cases are identified as follows: a. CE-17-037256 Ryan Scott 501 Jay Street Mr. Stokes read the docket number and called Code Officer Curtis Bloomfield, who identified himself and his position with the City. Officer Bloomfield stated that a notice of violation was sent to the owner of record via Certified Mail, and the property was posted. Notice of this hearing was sent and that was also posted. The property remains in noncompliance, and the property was abated approximately two months ago. PAGE 8 Mr. Stokes asked that, based upon the record, the fine be assessed up to the cure date and entered as a lien against the property. Magistrate Armitage so ordered. b. CE-18-029420 Stephen Welton and Beth Jolicoeur 766 Carnation Drive Mr. Stokes read the docket number and called Code Officer Richard Iachini, who identified himself and his position with the City. Officer Iachini stated that a notice of violation was sent to the owner of record via Certified Mail, the property was posted and photos taken. Notice of this hearing was sent and that was also posted. The property was abated due to a safety issue of trash and garbage being strewn about the property.. Mr. Stokes asked that, based upon the record, the fine be certified in this case up to the cure date and entered as a lien against the property. Magistrate Armitage so ordered. c. CE-18-013237 Jenny Carr, Anthony Blythe, and Brenda S. Blythe 1750 Mistletoe Street Mr. Stokes read the docket number and called Code Officer Richard Iachini, who identified himself and his position with the City. Officer Iachini stated that a notice of violation was sent to the owner of record via Certified Mail because of a dead, hazardous tree on the property. The property was posted and photos taken. Notice of this hearing was sent via Certified Mail and posted on the property. The property was abated due to concern for the tree falling into the street. Mr. Stokes asked that, based upon the record, the fine be certified in this case up to the cure date and entered as a lien against the property. Magistrate Armitage so ordered. d. CE-18-029409 and CE-18-023679 Vincent and Dawn Clineman Trionfo PAGE 9 922 Laredo Lane Mr. Stokes read the docket number and called Code Officer Richard Iachini, who identified himself and his position with the City. Officer Iachini stated that this is an abandoned property, and the City had received several complaints regarding the grass and weeds being in excess of 10 inches. A notice of violation was sent to the owner of record via Certified Mail. The property was posted and photos taken. Notice of this hearing was sent via Certified Mail and posted on the property. The property was abated roughly 30 days thereafter. Officer Iachini clarified that this case is a different case than CE-18-039545 which was previously heard today. Mr. Stokes asked that, based upon the record, the fine be certified in this case up to the cure date and entered as a lien against the property. Magistrate Armitage so ordered. Mr. Stokes informed the Magistrate that the City of Sebastian is working on adopting an ordinance compiling a vacant home registry in order to address these cases. 5. The hearing was adjourned at 10:36 a.m.