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HomeMy WebLinkAbout01-21-2021 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JANUARY 21, 2020 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, Presiding Attorney Manny Anon, Administrative Assistant Janickie Smith, Officer Richard lachini, City of Sebastian Code Enforcement, Officer Curtis Bloomfield, City of Sebastian Code Enforcement, Chief Witt, Sebastian Police Department, Wayne Eseltine, Building Director/Fire Marshal and Janet Graham, Technical Writer. 3. Ms. Smith swore in staff and all persons who would be speaking. Presiding Attorney Anon stated that he is filling in for Mr. Stokes, City Attorney, at this hearing, and the Code Enforcement officers will present their cases. If any issues come up, he will intervene. Magistrate Armitage called for the first case. 4. Initial Hearing of Code Violations: Case No.: CE -19-047851 & 19-047854 KATHERINE DAVIS 120 ENGLAR DRIVE Section 66-3 Illustrative Enumeration Magistrate Armitage called on everyone who would testify. Code Enforcement Officer Richard lachini identified himself and his position with the City of Sebastian. The violations on this property are for grass and weeds and trash and debris. He responded to a citizen's complaint on December 2, 2019. Upon arriving at the property, he noted two violations that needed to be addressed immediately. On that date he issued code violations for grass and weeds, giving the owner 15 days to comply, and notice was sent via certified mail. PAGE 2 The second violation is for the same property for trash and debris. There is an excessive amount of trash, debris, and junk items in the back yard. This is creating a harbor for rodents and is causing problems in the neighborhood. The property was posted on December 2, 2019, and photos were taken, which were displayed on the monitor. The certified mail notice was returned unclaimed. He explained that the owner of record is deceased, and the bank is now in the process of attempting to get the property in its name. It has to go through probate. Until that is accomplished, the bank does not feel comfortable going on the property and removing the trash, debris, and junk. Some of the debris that the City would consider junk, they may consider personal property. So the bank will not touch that. Magistrate Armitage inquired if the property is in foreclosure. Jenny Zeran, Attorney for Champion Mortgage, stated she is not exactly sure if foreclosure proceedings have been instituted. The bank is aware that the owner is deceased. A contractor was sent out twice, and they were met by a person who she understands is the son of the owner, who is living illegally on the property in a shed. So that did create a problem. The bank was hesitant to try a third time. The bank is happy to have the City remove the debris if they would bill the mortgage company directly for removing the debris, etc., so the bank can avoid having a lien placed on the property. Catherine Healy, 116 Englar Drive, Sebastian, identified herself as a neighbor. She has photos showing the condition of the subject property, and she has had to pay to have a pest control company remove the rodents. She stated the extermination company told her there is nothing more they can do until the debris, etc. is removed. Magistrate Armitage asked her to send all the pictures she has to Ms. Smith and ordered that they can be entered into the record. Magistrate Armitage asked if the City has any preference. Mr. Anon stated the City is not here to place liens, but they still want to move forward with the violation. If the bank is willing to pay to have the situation cured, they can work it out with the City so that it will not have to proceed to a lien. Ms. Healy added that the son of the owner has threatened her in the past. Magistrate Armitage advised her to go to the police regarding this matter. Magistrate Armitage inquired of Officer lachini if the shed that the son had been living in was a legal structure. Officer lachini stated it is not a legal structure for someone to live in. PAGE 3 Officer lachini is asking for the Court to give a reasonable amount of time to comply, 10 days or less, and then the City would like permission to go onto the property and bring the property into compliance. Magistrate Armitage stated it is likely that probate of the estate will have to be instituted. Once probate is instituted, there will be an avenue to correct this problem. Ms. Healy stated her main concern is the time frame and the rodents. Officer lachini stated the City will get the property into compliance, and if that does not help the rodent situation, the Health Department will have to be contacted. Magistrate Armitage stated the current owner has 10 days to correct the problem and after that the City has permission to enter and bring the property into compliance. Mr. Anon stated for clarification that this hearing is only on Section 66-3-11 grass and 66- 3-1 trash and debris. The illegal structure is not part of this case. Officer lachini added that the City would like to add an administrative fee of $100.00 and $50.00 a day fine after the 10 -day period, because if it's not cured in 10 days, the City will go in and cure the violation. Magistrate Armitage stated for clarification to the bank, if that is not paid for, the officer may come back and ask for a lien. That will be the time for the bank to write the check. So ordered. Case No.: CE -19-048668 WILLIAM CHOUDHRY 129 LA PLAYA LANE Sec. 39-27 Permit Required Code Enforcement Officer lachini identified himself and his position with the City of Sebastian. Magistrate Armitage called on everyone who wished to testify in this matter. Steven Krick, 129 La Playa Lane, Sebastian. He stated he is here on his brother's behalf, who is the owner. Mr. Krick is renting the property. The alarm was in Mr. Krick's name with Comcast. He was not told by Comcast that he would need a permit for the alarm. PAGE 4 The alarm went off when he was not at home. When he got home there was a notice on the door. He discontinued his relationship with Comcast immediately. Ms. Janickie Smith, Administrative Assistant with the City of Sebastian, testified that she received a false alarm notification on September 20, 2019. She mailed a false alarm notification to 129 La Playa Lane on October 11, 2019. There was no response to that notice. She sent a second notice to the same address on November 15, 2019. There was no response from the property owner. A third and final notice was posted on the door as well as mailed on December 6, 2019, and there was no response. Mr. Krick stated the month of November he was not at the property. He does not feel like he should be fined because a company sold him the product without informing him that he needed an alarm permit. Magistrate Armitage reminded Mr. Krick that the City attempted to contact the property owner three times. Mr. Krick stated he will do whatever has to be done. Magistrate Armitage asked what is needed in this case. Ms. Smith stated a simple phone call would have been the proper thing. Mr. Krick stated he called and talked to someone who told him not to worry about it. Ms. Smith clarified that it should have been a phone call to her, that her contact information was on all the notices. Magistrate Armitage granted Mr. Anon time to speak with Ms. Smith. (OFF THE RECORD) (BACK ON THE RECORD) Mr. Anon stated that the City would ask that an order be entered giving Mr. Krick at least three days to officially inform the City that he actually no longer has the alarm, in which case the City would dismiss the case. If in three days Mr. Krick does not do that, the City will ask to impose the fine plus administrative fees. Mr. Krick needs to contact Ms. Smith by Friday, January 24. Case No.: CE -19-047915 CODY L. BEST 332 BAYFRONT TERRACE Sec. 66-3 Illustrative Enumeration PAGE 5 Magistrate Armitage asked if anyone was present to testify in this case. Seeing no one, he called on Officer lachini to present the City's case. Code Enforcement Officer Richard lachini identified himself and his position with the City of Sebastian. He described this case being for an inoperable/junk vehicle, unregistered, parked in front of the building line. The ordinance states that inoperable vehicles cannot be on the exterior of the property. On December 2, 2019, he issued a letter via certified mail giving the property owner 15 days to either repair or remove the vehicle. He re- inspected the property again on January 7, 2020. The property was still in violation. He posted the property, and a notice via certified mail was sent to the property owner to appear before the Special Magistrate. Photos were taken, which were displayed on the monitor. Officer lachini stated as of this morning the vehicle is still there. Officer lachini asked that the Court find in the City's favor and allow 10 days for the owner to comply and after the 10 -day period give the City permission to go onto the property and remedy the situation plus an administrative fee of $100.00. The City would ask to impose a $10.00 -a -day fine after the 10 days. Mr. Armitage asked what would be done with the car. Mr. Anon stated if the City has the vehicle removed, the City would be asking for costs incurred to remedy the situation. The car will be taken to the towing service's lot, and they will make every effort to contact the owner. Mr. Armitage asked if there would be storage fees. Mr. Anon stated there will probably be storage fees, but that would be between the owner and the wrecking company. Mr. Anon stated the initial cost would be for incurring the cost of getting the wrecker out to remove the vehicle. So ordered. Case No.: CE -19-044715 LISA STANLEY 760 ALBATROSS TERRACE Sec. Illustrative Enumeration Magistrate Armitage called on anyone who wished to testify in this matter. Code Enforcement Officer Richard lachini identified himself and his position with the City of Sebastian. He stated on November 9, 2019, the property owner was given a notice of violation for grass and weeds and five days to comply. He re -inspected it on November 19, 2019. The violation still existed. On November 21 the property was posted for abatement and photos taken, which were displayed on the monitor. Officer lachini said PAGE 6 the major concern is the grass on the west side of the property. There is growth against the fence. He said the last time he saw the property was on January 18, which was this past Saturday. Then the holiday was Monday, so it would be three days since he was by the property. Lisa Stanley, 760 Albatross Terrace, Sebastian, stated she has gotten the grassy area cleaned up except for about 8-10 feet. She doesn't have a chainsaw and doesn't know how she can get the big tree cut up. The only tool she has is a lawnmower. She is trying hard to get the area cleaned up. She stated that 10 days would be sufficient to get the 10 -foot area cleaned up. Officer lachini asked that the Court give her 10 days to bring the property into compliance, after which time there would be a $10.00 -a -day fine, and give the City permission to go onto the property and bring the property into compliance. The City also asked for court costs of $100.00. Magistrate Armitage asked Ms. Stanley if she would be able to get the large tree removed. She stated she cannot remove it herself and knows nobody with a chainsaw. Mr. Anon stated that the property owner has been notified only for the grass and weeds. The City did not notify her for the bigger trash and debris. Officer lachini stated that is correct. Mr. Anon explained to Ms. Stanley that right now this case is only for the grass and weeds. He advised her to take care of the tree and large debris as well so that the City will not have to cite her again. She indicated she understood. She will take care of the grass within 10 days. So ordered. Case No. CE -19-044595 LINDA & PATRICK THOMPSON 114 FLINT STREET Sec. 66-3 Illustrative Enumeration Magistrate Armitage called on anyone who wished to testify in this matter. Seeing no one, he called on the City to present its case. Code Enforcement Officer Richard lachini identified himself and his position with the City PAGE 7 of Sebastian. Officer lachini stated that a year ago this property owner was cited for a dilapidated fence. He had the option to either repair it or remove it. He removed fence panels that were damaged and placed them out by the edge of the road and just left them there. On November 8, 2019 Officer lachini issued a notice of violation and gave him five days to comply. On November 16, he re -inspected the property. The violation still existed. The debris was still sitting out by the side of the road. On November 18 the property was posted for abatement, and 15 days were given to comply. Photos were taken, which were displayed on the monitor. The officer stated that he went by the property on January 18, and the debris was still there. On January 7, 2020 the property was posted with a letter to appear before the Special Magistrate. The City asked for 10 days to bring the property into compliance. At that point, if it hasn't been brought into compliance, he asked for permission for the City to enter the property and bring the property into compliance, plus court costs of $100.00 and $10.00 a day fine for everything past 10 days. So ordered. Case No.: CE -19-041125 HUEL & FANG SU 101 DICKENS AVENUE Sec. 66-3 Illustrate Enumeration Magistrate Armitage asked if anyone was present on this case. Seeing no one, he called on the City to present its case. Code Enforcement Officer Richard lachini identified himself and described his history of employment with the City of Sebastian. This case is for a five-foot cutback on an unimproved property. On October 14, 2019 notice of violation was issued with 15 days to respond. The notice was sent via certified mail. On October 17 the property was posted, and photos were taken, which were displayed on the monitor. Officer lachini requested 10 days for the owner to bring the property into compliance; after that, for permission for the City to enter onto the property to bring the property into compliance. The City is also asking for an administrative fee of $100.00 and $10.00 -a -day fine after the 10 days, and the cost of the abatement. So ordered. Case No.: CI -19-046051 EDIE M. CANNON 594 BAYHARBOR TERRACE Sec. 66-3 Illustrative Enumeration PAGE 8 Code Enforcement Officer Richard lachini introduced himself and described his employment with the City of Sebastian. He stated this property has been brought before the Court several times. The owner of record is deceased. On November 18, 2019 he issued a notice of violation which was sent certified mail. On November 21 the property was posted with the letter of abatement, and photos were taken which were displayed on the monitor. On January 7, 2020 the property was posted with a letter to appear before the Special Magistrate. He asked the Court for 10 days to bring the property into compliance; after that, a $10.00 -a -day fine, and permission for the City to go onto the property and rectify the problem, and administrative fees of $100.00. So ordered. LIENS Mr. Anon requested time to consult with the City representatives. (OFF THE RECORD) (BACK ON THE RECORD) Case No. B-18-1020 PATTI RICHARDS 561 BENEDICTINE TERRACE Mr. Anon stated that regarding this property, Albert Clinger and his son-in-law, Carl Richards, are here. This is a MASSEY hearing to impose a lien. It was just discovered that on October 23, 2019 the property was quit claim deeded over to the daughter. She has not been noticed. Mr. Anon suggested resending notice to the daughter to come in. As he understands it, the property is no longer Mr. Clinger's name, as it has been quit claimed over to the daughter, and she needs to be made aware that the property will be liened. At this point, he requested to table this matter. The City will re -notice it and bring in the correct party. Carl Richards stated the orders that were posted were met by September 13th. Magistrate Armitage stated that there is now a procedural issue that precludes this matter PAGE 9 from going forward. He reiterated that there is now a notice problem because the City has now learned that there is a new owner of the property. Mr. Richards identified his wife as the new owner. Magistrate Armitage stated she was not noticed. Mr. Anon stated that the owner will need to show up or a power of attorney must be issued for Mr. Richards in order for him to have standing to present testimony. Magistrate Armitage stated that, since everyone is here except the daughter, discussion could be had among the parties who are present. If it cannot be settled that way, then this case will be on the docket next month, whereupon the relevant parties must appear. Case No.: CE -19-014558 MARY MARGARET ANDERSON & RUTH ANN ANDERSON 266 MAIN STREET Mr. Anon described the property and the owners of record. He also noted for the record that no one has appeared to testify in this case. Code Enforcement Officer Curtis Bloomfield introduced himself and described his employment with the City of Sebastian. Officer Bloomfield had previously brought this property before the Magistrate, and the owner has not brought the property into compliance. The City brought the property into compliance, and the City is now asking for a lien to be placed on the property for the cost of compliance. So ordered. Case No.: CE -19-029398 DEBRA ANN MORAN & LEE ANN MILITANO 488 FLEMING STREET Mr. Anon described the property and the owners of record. Magistrate Armitage stated for the record that there is no one present to testify in this matter. Code Enforcement Officer Richard lachini introduced himself and described his PAGE 10 employment with the City of Sebastian. Officer lachini reviewed that the City had previously brought this property before the Magistrate. The City brought the property into compliance thereafter, and the City is now asking for a lien to be placed on the property for the cost of compliance. So ordered Case No.: CE -19-028959 RONALD R. MATTIE 1549 QUATRAIN LANE Mr. Anon described the property and the owners of record. Magistrate Armitage stated for the record that there was no one present to testify in this matter. Code Enforcement Officer Curtis Bloomfield identified himself and described his employment with the City of Sebastian. This case was previously brought before the Magistrate for a five-foot cutback on the north, south, and west sides of the property. The owner did not comply with the notice, and so the City had the property brought into compliance. The City is asking for a lien to be placed on the property for the costs that were incurred. So ordered. Case No.: CE -19-27567 HABIB & HOMA KHAMSI 897 CARNATION DRIVE Mr. Anon described the property and the owners of record. Magistrate Armitage stated for the record that there was no one present to testify in this matter. Code Enforcement Officer Curtis Bloomfield identified himself and described his employment with the City of Sebastian. Officer Bloomfield reviewed that this property had previously been brought before the Magistrate. The property owners did not comply with the notice to comply, and the City had the property abated and brought into compliance. The City is asking for a lien to be placed on the property for the costs that were incurred. PAGE 11 So ordered. The hearing was adjourned at 3:01 p.m. Ics