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HomeMy WebLinkAbout04-16-2019 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING APRIL 16, 2019 1. The Hearing was called to order at 2:03 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. Mr. Stokes asked the Magistrate if the second case on the docket could be heard first, as there were some conditions that nee ded to be clarified. 3. Hearing of Code Violation: Case No.: CE-19-007001 ALPHONSO COLEMAN 103 FLINT STREET, APARTMENT B Section 66-3 Illustrative Enumeration The maintaining, using, placing, depositing, leaving or permitting to be on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance: (1) Accumulations of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat, or other animal matter, fruit, vegetables, offal, bricks, concrete, scrap lumber or other building material debris, or other refuse of any nature (OFF THE RECORD) Discussion was held among all parties involved in the case. (BACK ON THE RECORD) Mr. Stokes asked if this case could be tabled until next month so that the City and Mr. Coleman have a chance to get together and have this case transferred over to the new PAGE 2 owner(s). He requested that Mr. Coleman bring the sale documents with him so that they can be verified. Magistrate Armitage explained to Mr. Coleman that this case w ould be continued for 30 days and Mr. Coleman should make arrangements with Mr. Stokes, the City Attorney, by next week, to provide the proper paperwork so that the current owner can be notified. Case No.: CE-18-036319 THELMA R. CASTILLO DEPORTILLO 493 SEAGRASS AVENUE Section 66-3.11(b) Illustrative Enumeration The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance, provided, however, this enumeration shall not be deemed or construed or be conclusiv e, limiting or restrictive (b) Upon unimproved real property when such growth encroaches upon adjoining improved real property such that it: i. Causes or is in imminent danger of causing damage to the adjoining property, or ii. Creates an unreasonable maintenance burden upon said adjoining property. Nothing herein shall relieve the landowner of any requirement to obtain appropriate permits for removal of such vegetation. Mr. Stokes called Richard Iachini, Code Enforcement Official for the City of Sebastian, who identified himself, his position and length of employment with the City of Sebastian. He testified that this property came to his attention on September 25th, 2018 when he received a call from an adjacent property owner requesting that there be a five-foot cutback, which falls under the above section of the City Ordinance. Mr. Iachini inspected the property and found that it was in violation, and a letter was sent via Certified Mail, Return Receipt Requested to the recorded owner. On September 27th, 2018 Mr. Iachini posted the property with a copy of the letter that was sent. He took photos, which were displayed on the screen, showing the posting of the notice. On December 2 9th, 2018, a letter was sent via Certified and regular mail to the address on record at the Property Appraiser’s office for the owners to appear before the Magistrate on today’s date. Since the owners are out of the country, they were given 60 days to appear. Mr. Iachini stated that he was out to the property on this date, and the encroachment is still present . Mr. Stokes petitioned the Court that, based upon the evidence of enc roachment and the evidence of proper notice being sent, the property be found in violation and 14 days be PAGE 3 given for the owners to cure the violation, and a fine of $25.00 per day after the 14 days if it is not cured. He also asked for authority to have the City enter the property to make a cutback, and administrative costs of $100.00 be awarded. So ordered by the Magistrate. 3. Liens Case No.: CE-19-000230 Avchen Construction, Inc. 932 Barber Street Case No.: CE-19-001631 Barbara C. Hawkins 313 Bayfront Terrace Mr. Stokes described the two remaining cases on the docket are for the imposition of liens where violations have already been issued. Mr. Stokes asked Mr. Iachini to describe the condition of the properties presently. Mr. Iachini stated that the property at 932 Barber Street continues to be in violation of the Code. He stated the property at 313 Bayfront Terrace is no longer in violation. Regarding this property, a property manager posted the property. Mr. Iachini contacted the phone number on the posting, and someone came out the next day and cut the grass. There was also an estimate obtained for trimming the trees, and he expects the property to be maintained going forward. Mr. Stokes inquired of Mr. Iachini how long the property remained in violation. Mr. Iachini stated that someone came in the very next day and cut the gras s. Mr. Stokes requested a lien be placed on 313 Bayfront Terrace to cover the cost of the vendor formerly coming in and curing the violation. So ordered by the Magistrate. 4. The hearing was adjourned at 2:20 p.m.