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HomeMy WebLinkAbout01-15-2019 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JANUARY 15, 2019 AT 2:00 P.M. 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 James Stokes, Code Enforcement Officer Richard Iachini, Administrative Assistant Janickie Smith, Janet Graham, Technical Writer. 3. Ms. Smith swore in staff and all persons who would be speaking. 4. Hearing of Code Violation: a. Case No. CE-18-039741 WILLIAM AND PHYLLIS STANLEY 1568 COWNIE LANE Mr. Stokes read the docket for appeal of code violation . He called on the representative of the Code Enforcement Division to give the background on the case. He then called Richard Iachini, who identified himself, his position with the City, and length of service. Mr. Iachini described that he drove by the property in question and observed that the grass was over the acceptable height. The City then sent notice via Certified Mail to the owner of record. That notice was returned to the City as undelivered. A letter of Notice to Appear before the Magistrate was then sent. Mr. Iachini stated that he drove by the property today, and the property is still in violation. The property was posted, and photos were taken. He presented the photos to the Magistrate. Mr. Stokes stated the violation is overgrowth of grass and weeds exceeding 10 inches. Mr. Stokes then requested that, based upon the evidence and notice of today’s hearing and the property owner not appearing, the finding of a violation be made, a daily fine of $25.00 a day for 10 days be levied, permission be granted for t he violation to be remedied by the City, and an administrative fee of $100.00 also be levied on the property. He also requested that, if the situation becomes a repeated violation, the same findings will be PAGE 2 applied to the property. He added that the City will continue to attempt to make contact with the property owners. So ordered by the Magistrate. b. Case No. CE-18-027281 MICHAEL A. AND JEAN RAIMO 1252 WHITMORE STREET Mr. Stokes read the docket for appeal of code violation. He then called on the representative of the Code Enforcement Division to give the background on the case and called Richard Iachini, who identified himself, his position with the City, and length of service. Mr. Iachini described that the City had received a complaint that the property had overgrowth of vegetation and that the overgrowth was extending onto an adjoining improved property. A Notice of Violation was sent via Certified Mail to the owner, giving them a reasonable amount of time to respond. The property was also posted and photos taken. The correspondence that was sent to the homeowner did not come back to the City, and the City has no other way of contacting the homeowner. A letter of Notice to Appear at this hearing was sent. Mr. Stokes stated the Notices were sent to the address that is on record with the property appraiser. Mr. Stokes then requested that, based upon the evidence and notice of today’s hearing and the property owner not appearing, the finding of a violation be made, a daily fine of $25.00 a day for 10 days be levied, permission be granted for the violation to be remedied by the City, and an administrative fee of $100.00 also be levied on the property. Magistrate Armitage inquired what the remedy will be, as the overgrowth appears to be Brazilian pepper trees. Mr. Iachini described that the branches extending onto the adjoining property will be trimmed back to five feet from the property line. So ordered by the Magistrate. 3. The hearing was adjourned at 2:07 p.m.