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HomeMy WebLinkAbout06-25-2019 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JUNE 25, 2019 1. The Hearing was called to order at 2:05 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. Hearing of Code Violation: Case No.: CE -18-040392 JOHN R. WEICK 589 FUTCH WAY Mr. Stokes stated that regarding all these cases, the photos are stored electronically, identified per case number, and are part of the files. Mr. Stokes called Curtis Bloomfield, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified that he visited the property in October 2018, and he has been trying to work with the property owner since then to no avail. There are two unregistered, junk vehicles in the front of the property. The license tags on both vehicles are expired. One of the vehicles is filled with debris. He took photos and posted the property, and the photos are displayed on the screen, showing the posting of the notice and the condition of the vehicles. He stated he was out to the property yesterday, and the vehicles are in the same condition as previously. Officer Bloomfield stated the owner was given notice of the violation as well as notice of this hearing via Certified and regular mail to the address on record at the Property Appraiser's office. Notice was also hand delivered to the property owner. Mr. Stokes petitioned the Court that, based upon the evidence presented, the property be found in violation and 14 days given for the owner to cure the violation, and a fine of $25.00 per day per vehicle after the 14 days be imposed if it is not cured. He also asked for the City, after a period of 30 days and the violation not being cured, to be allowed to Page 2 enter the property and impound the vehicles, as well as awarding administrative costs of $100.00. So ordered by the Magistrate. Case No.: CE -19-014556 & 19-014558 & 19-014559 MARY MARGARET ANDERSON & RUTH ANN ANDERSON 266 MAIN STREET 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. (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) Mr. Stokes called Curtis Bloomfield, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified he received a complaint about this property. The owner has not lived there in 10+ years. The property is kept mowed, but the building is being neglected. There are vines overgrowing the building, and he showed the Court photos of the property. There is a screen missing from the back porch and debris scattered around the property as well as a broken window in the front of the house over which a neighbor placed wood, photos of which were also shown. A notice was sent via Certified Mail and regular mail to the property owners' address shown on the County Property Appraiser's website, which was returned. The property was posted both for the violation as well as for this hearing. Photos which were taken yesterday were also shown. This case includes three citations: one for the trash and debris, one for the overgrown vines, and one for the broken window. As of this date, there has been no response from the owners. Mr. Stokes petitioned the Court that, based upon the evidence presented, the property be found in violation and 14 days be given for the owner to cure all of the violations, and a fine of $25.00 per day after the 14 -day period be imposed, and authority for the City to go in and cure the violation for the overgrown vines. He also requested $100.00 be assigned for administrative costs. So ordered by the Magistrate. Page 3 Case No.: CE -19-008867 VINEET KHOSLA 139 DAY DRIVE 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 conclusive, 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 lachini, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified that this property is in violation of the cut-back policy. He took photos, which were shown on the screen, showing the violation. Notice of violation was sent to the property owner listed on the County Property Appraiser's website via Certified and regular mail on March 12, 2019. It was posted on March 14, 2019. He stated he took another photo of the property today to show that the condition still exists as of this date. Notice of this hearing was also sent via Certified and regular mail, and there has been no response. Mr. Stokes petitioned the Court that, based upon the evidence presented, the property be found in violation and 14 days be given for the owner to cure the violation, a fine of $25.00 per day after the 14 -day period be imposed, and authority for the City to go in and cure the violation by cutting back the overgrowth. In addition, he asked for an administrative fee of $100.00. So ordered by the Magistrate. Case No.: CE -19-010576 & 19-010577 PATRICK TREU 709 BROOKEDGE TERRACE (OFF THE RECORD) Page 4 (SHORT RECESS TAKEN) (BACK ON THE RECORD) Section 66-3 Illustrative Enumeration (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) (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 lachini, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified there are two violations involved with this property: one for hazardous trees, and the second for a cutback. The property was posted on June 8, 2019. A letter was sent Certified and regular mail to the property owner listed on the County Property Appraiser's website. Notice of this hearing was also sent via Certified and regular mail. Both notices were returned. Photos of posting of notices and both violations were shown on the screen. Mr. Stokes petitioned the Court that, based upon the evidence presented, the property be found in violation and 14 days be given for the owner to cure the violations, a fine of $25.00 per day after the 14 -day period be imposed, and authority for the City to go in and cure the violation by cutting back the overgrowth and removing the dead trees. In addition, he asked for an administrative fee of $100.00. So ordered by the Magistrate. Case No.: CE -19-010701 JULIE BURCHFIELD 1295 SCHUMANN DRIVE Section 66-3 Illustrative Enumeration (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) (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, Page 5 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 lachini, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified notice of violation for high grass and weeds was sent via Certified and regular mail to the owner listed on the County Property Appraiser's website on March 26, 2019. That notice was returned. The property was posted on April 2, 2019. He reinspected the property and sent notice of this hearing via Certified and regular mail on June 6, 2019 and reinspected the property this morning with photos taken at that time. Photos depicting the notices and the violations were shown on the screen. There has been no response from the owner. Mr. Stokes petitioned the Court that, based upon the evidence presented, the property be found in violation and 14 days be given for the owner to cure the violation, a fine of $25.00 per day after the 14 -day period be imposed, and authority for the City to go in and cure the violation. In addition, he asked for an administrative fee of $100.00. So ordered by the Magistrate. Case No.: CE -19-011179 AVCHEN CONSTRUCTION 932 BARBER STREET Section 66-3 Illustrative Enumeration (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) (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 lachini, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified that the notice of violation was issued via Certified and regular mail on March 29, 2019 to the property owner listed on the County Property Appraiser's website. That notice was returned. The property was posted on March 30, 2019. It was reinspected and notice of Page 6 this hearing was sent on June 6, 2019. He reinspected the property this morning, and the property was still in violation for high grass and weeds. Photos were shown on the screen depicting the violations and the posting notices. This property has repeatedly been in violation. There has been no communication from the property owner for the last 10+ years that he is aware of. Mr. Stokes petitioned the Court that, based upon the evidence presented and the property being repeatedly found in violation, 14 days be given for the owner to cure the violation, a fine of $50.00 per day after the 14 -day period be imposed, and authority for the City to go in and cure the violation. In addition, he asked for an administrative fee of $100.00. So ordered by the Magistrate. Case No.: CE -19-009412 WILLIAM & PHYLLIS STANLEY 1568 COWNIE LANE Section 66-3 Illustrative Enumeration (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) (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 lachini, Code Enforcement Official for the City of Sebastian, who identified himself and his position with the City of Sebastian. He testified that this property has been repeatedly in violation for high grass and weeds. Notice of violation was issued on March 16, 2019 via Certified and regular mail to the address of the property owners listed on the County Property Appraiser's website. The property was posted on March 22, 2019. He reinspected the property and issued a notice of this hearing via Certified and regular mail on June 6, 2019. He reinspected the property this morning, and it was still in violation. Photos of the postings and violation were shown on the screen. Mr. Stokes petitioned the Court that, based upon the evidence presented and the property being repeatedly found in violation, 14 days be given for the owner to cure the violation,a fine of $50.00 per day after the 14 -day period be imposed, and authority for the City to go in and cure the violation. In addition, he asked for an administrative fee of $100.00. So ordered by the Magistrate. 4. Liens Case No.: CE -18039741 WILLIAM & PHYLLIS STANLEY 1568 COWNIE LANE Case No.: CE -19-001283 ELEANOR MCLAUGHLIN 831 JAMAICA AVENUE Case No.: CE -18-045785 JOSEFINA & LOURDES LIM 644 CAPON TERRACE Page 7 Mr. Stokes described the three remaining cases on the docket are for the imposition of liens where violations have already been issued. He is asking for the Court to issue liens against the properties. These property owners were all informed of today's hearing, and no one has appeared. Mr. Stokes asked the officers involved with the properties to describe the condition of the properties presently. Regarding 1568 Cownie Lane, Officer lachini stated that the property had been abated. A bill was sent for the abatement costs, and there was no response. It is requested that a lien be placed against the property in the amount of $208.20. So ordered by the Magistrate. Mr. Stokes asked Officer Bloomfield to describe the condition of the property at 831 Jamaica Avenue. Officer Bloomfield stated that the property had been abated. The City is now asking that a lien be placed against the property for the costs incurred for abatement in the amount of $488.20. So ordered by the Magistrate. Mr. Stokes asked Officer lachini to describe the condition of the property at 644 Capon Terrace. Page 8 Officer lachini stated that the property had been abated. The City is now asking that a lien be placed against the property for the costs incurred for abatement in the amount of $463.20. So ordered by the Magistrate 5. The hearing was adjourned at 2:51 p.m.