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HomeMy WebLinkAbout03-19-2019 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MARCH 19, 2019 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 lachini, 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. 4. Hearing of Code Violation: a. Case No.: CE-18-045785 JOSEFINA P. and LOURDES P. LIM 644 CAPON TERRACE Magistrate Armitage called on anyone who is here to testify on this matter to come forward. Seeing no one, he called for the City to present its case. Mr. Stokes read the docket for appeal of code violation. He called on the representative of the Code Enforcement Division, Richard lachini, who identified himself and his position with the City, to give the background on the case. Mr. lachini described that he was requested by the next -door neighbor to the property in question to have a cutback. Officer lachini stated that a cutback was done on this property approximately eight years ago. The lot has overgrown, and the neighbor requested that a cutback be done again. A letter was sent via certified mail on December 6, 2018 by the City to the owners of record according to the property appraiser's office. The property was also posted, and the owners were requested to take care of the problem. There was no response of any kind to these actions by the City. The City placed this property on the court's docket for the purpose of having the property abated. A letter was sent via certified mail to the owners of record notifying them of this hearing. The property was posted PAGE 2 again, and photos were taken. Copies of the letter of notice to appear and the photos of the property were displayed on the computer screen. Officer lachini stated that upon his inspection of the property before this hearing today, he noted that the postings had been removed. Mr. Stokes stated the photos are all contained in the official file. He also presented to the Court notice from the postal service in New York that the notice of this hearing had been delivered. All the documents are in the official file, which he offered into evidence. The Court, hearing no objection, admitted the documents. With no property owner or representative present at the hearing, Mr. Stokes moved to find violation of Code Section 66-3(11), which is overgrowth of vacant parcel onto adjacent property. The City requests ten days to comply and then a fine of $25.00 per day for every day after that time that the situation is not rectified. The City is also asking, if the violation is not cured during the 10-day period, for permission to enter the property and cure the violation and to assess those costs to the property. Officer lachini estimated the cost to cure this violation would be approximately $300.00 to $500.00. Mr. Stokes also requested administrative costs of $100.00. So ordered. b. Case No.: CE-19-001283 ELEANOR MCLAUGHLIN 831 JAMAICA AVENUE Magistrate Armitage called on anyone who is here to testify on this matter to come forward. Seeing no one, he called for the City to present its case. 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. Curtis Bloomfield, Code Enforcement Officer, identified himself and his position with the City. Officer Bloomfield stated that on January 15, 2019 he received a complaint from the owner of the adjacent improved property regarding overgrowth from the vacant lot at 831 Jamaica Avenue. He then inspected the property and found that the aforementioned condition existed. A letter via certified mail was sent on January 15, 2019 to the owner at the address listed on the property appraiser's website, which was returned undeliverable by the postal service. Officer Bloomfield displayed on the computer monitor photos of the property in question showing the condition of the property and the posting PAGE 3 notice at the property, which was posted on March 7t" for this hearing. He stated there has been no response from the owner. Mr. Stokes moved, based upon no response from the owner and no one being present to represent the owner, that the violation be upheld, that the property owner be given 10 days until March 29t" to bring the property into compliance, to assess a fine of $25.00 a day after the 10-day period until the property is brought into compliance. All documents are in the file, which he offered into evidence. He would seek permission for the City to enter the property to cure the condition and assess those costs against the property owner, as well administrative fees of $100.00. So ordered. 3. There being nothing further, the hearing was adjourned at 2:14 p.m.