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HomeMy WebLinkAbout02-18-2020 Minutes SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING FEBRUARY 18, 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, City Attorney Manny Anon, Administrative Assistant Janickie Smith, Wayne Eseltine, Building Director/Fire Marshal, Officer Richard Iachini, City of Sebastian Code Enforcement, Officer Curtis Bloomfield, City of Sebastian Code Enforcement, Deputy Chief Greg Witt, Sebastian Police Department, and Janet Graham, Technical Writer. 3. Ms. Smith swore in staff and all persons who would be speaking. Magistrate Armitage called for the first case. 4. Initial Hearing of Code Violations: Case No.: B20-1022 EDIE M. CANNON 594 BAYHARBOR TERRACE Section 26-34.08 Unsafe Structure Abatement Magistrate Armitage called on everyone who would testify. Seeing no one in the audience, he called on the City to present its case. Mr. Wayne Eseltine identified himself and his position with the City of Sebastian. Mr. Eseltine reviewed that on 10-3-2019 a notice of unsafe structure was posted on the property. The building was declared unsafe by the Building Department under the City Unsafe Structures Abatement Code, stating the conditions of the building were in major disrepair and unfit for human habitation. The respondent, Ms. Edie Cannon, is deceased. The title search revealed that Mr. Joshua Roach is the last grantor of the property. Mr. Roach and three other banks who may have rights to the property or the estate listed in the title search were all sent notices on 12-10-2019 by Certified Mail. Thirty days were PAGE 2 given to demolish and/or repair the property. All notices were received via Certified Mail. None of the parties involved havecontacted the City regarding this matter. Mr. Eseltine stated this property has numerous code enforcement violations. It was previously declared unsafe back in 2017, requiring repairs. The home was vacated by Ms. Cannon at the time. The City now seeks a demolition order causing the demolition of the structures as provided by Section 26-34.10(a) of the City's Unsafe Structures Abatement Code. He displayed photographs of the notices and the state of the property on the monitor. All of the parties who were noticed received the notices and the Certified Mail receipts were signed for and returned to the City. The trailer pictured is still on the property, and the City is asking to remove it and for a demolition order in accordance with the Code to remove this nuisance. There have been complaints by the neighbors. In accordance with the Code, Mr. Eseltine is requesting permission for the demolition and then to lien the property as per the Code for the costs of the demolition. So ordered. Case No.: CE-19-042254 and CE-19-042252 ANTHONY CARDOZA AND JAMIE NGA DIEP 1601 WHITMORE STREET Section 66-3 Illustrative Enumeration Magistrate Armitage called on everyone who would testify. Seeing no one in the audience, he called on the City to present its case. Code Enforcement Officer Curtis Bloomfield identified himself and described his employment with the City of Sebastian. He requested a correction of the docket, noting there should be two cases for this property as listed above. Officer Bloomfield stated he got a complaint from the adjacent property owner stating that the owner of this property had trimmed the trees and had left the tree debris on the property. The owner is also not mowing the entire property. There is partial mowing being done, but the easement section of the property is not being mowed. He presented photos on the monitor showing the debris and the notices that were posted. Both cases were posted. The City is asking for permission to enter the property, mow the area, clean PAGE 3 up and remove the tree debris, and to abate the property. The City is also asking for $100.00 in administrative fees after it is abated. So ordered on both cases. Case No.: CE-19-050422 MARIE H. MUNROE 1526 PLEASANTVIEW LANE Section 66-3 Illustrative Enumeration Magistrate Armitage called on everyone who would testify. Seeing no one in the audience, he called on the City to present its case. Code Enforcement Officer Richard Iachini identified himself and described his employment with the City of Sebastian. Officer Iachini reviewed that on December 20 a Notice of Violation was issued for trash and debris. Five days were given to correct the violation. On December 26 he re-inspected it. The property was still in violation. On December 31, 2019 the property was posted with a letter to abate, and photographs were taken. The photographs were displayed on the monitor. On January 31, 2020 the property was again posted with a notice to appear before the Magistrate. Officer Iachini stated that on the day of this hearing he went by the property and took a photo of the property showing the debris having been moved off the edge of the road and moved to the north side of the property, as displayed in the photographs, which is still a violation. At this time, the City is asking for permission to abate the property, send a vendor in to clean it up, asks for $100.00 in administration fees, and then lien the property. Mr. Anon inquired if Officer Iachini is certain that the debris in the picture on the 31st is the same debris as was on the edge of the road. Mr. Iachini stated he feels certain it is the same. So ordered. Case No.: CE-19-048470 RICHARD FRANKLIN 118 LANCASTER STREET Section 66-3 Illustrative Enumeration PAGE 4 Magistrate Armitage called on everyone who would testify. Seeing no one in the audience, he called on the City to present its case. Code Enforcement Officer Richard Iachini identified himself and described his employment with the City of Sebastian. This case is for a five-foot cutback on an unimproved lot. Officer Iachini stated he visited the property on December 6, 2019 and noted the violation. A notice of violation was sent via Certified Mail, Return Receipt Requested. On December 10, he re-inspected the property, posted it, and took photos of both the notice and the cutback. On January 31, 2020, he posted the property with a letter to appear before the Magistrate and took a photo. He stated that as of the date of this hearing, when he re-inspected the property, it is still not in compliance. He also took a photo. All the photos were displayed on the monitor. The original notice of violation was signed for. That notice was received, but the City was not contacted, and nothing was done to cure the violation. At this time, the City is asking for permission to go onto the property, abate it and do the cutback and bill the owner again. If the owner fails to pay the fee, then lien the property along with $100.00 court costs. Ms. Smith was additionally sworn in, as she had some testimony in this matter. Ms. Smith stated that the letter for service at 118 Lancaster Street was signed for by the property owner on December 13, 2019. So ordered. Case No.: CE-19-050401 JENNY CARR AND ANTHONY A. BLYTHE AND BRENDA S. BLYTHE AND STEVEN L. BLYTHE 1750 MISTLETOE STREET Section 54-2-7.15 Land excavation or fill Code Enforcement Officer Richard Iachini identified himself and described his employment with the City of Sebastian. This case is for the section of the Code regarding swales and ditches. Officer Iachini stated that on December 20, 2019 he issued a notice of violation for the lack of maintenance of the swale. The property is vacant. The owner is in a home in Vero Beach. The property was posted on December 21 for abatement, and photos were taken. The property was re-inspected again on January 31, 2020. The notice had still not been complied with. A letter to appear before the Special Magistrate PAGE 5 was sent. Officer Iachini stated that on the morning of this hearing he re-inspected the property, which still remained noncompliant, and he took photos, all of which were displayed on the monitor. Officer Iachini stated that at this time the City is requesting permission to enter onto the property and abate the property, send the bill to the owner, in which case, if it's not paid in a reasonable amount of time, to lien the property, and to assess court costs of $100.00. Mr. Anon requested to confer with Officer Iachini. (OFF THE RECORD) (BACK ON THE RECORD) Mr. Anon stated that the City is requesting that the culvert which goes under the driveway be cleaned out as well as the swale liners on the property. So ordered. LIENS Case No.: B-18-1020 PATTI RICHARDS 561 BENEDICTINE TERRACE Mr. Anon reviewed that at the last hearing there was an issue that the improper party may have been served. The last-minute record search showed that there was a quit claim deed over to the daughter, and Mr. Eseltine can testify as to her being served. Mr. Wayne Eseltine identified himself and described his employment with the City of Sebastian. Mr. Eseltine stated that his office did re-notice Ms. Patti Richards. She is the current owner of the property. That notice was sent on January 28, 2020. It was received on January 29. Also, she had emailed Mr. Eseltine stating that she had received his letter on that date. Mr. Eseltine reviewed the history of the case for the property. The case goes back to 2018 where an application was made to install an above-ground pool. Plan review comments were made in the permit file on October 22, noting that the pool appeared to be encroaching in the easement. Again on October 25 and October 31 subsequent plan review comments were made requesting a new permit, and that the owner basically PAGE 6 stated they did not need another permit. That launched an investigation. On November 1 it was found that the pool had been installed without a permit and filled with water. On November 2 a notice of violation was hand-delivered to the property regarding the pool constituting an unsafe structure in accord with the City ordinance. A notice was given to appear before the Special Magistrate for a hearing on December 18. As a result of that hearing, the property owner was given 45 days to obtain an updated survey and apply for a variance. Later, his office discovered that it should have been for a vacation of easement, which would need to go before City Council. An updated survey was obtained, and application for an easement vacation was made before City Council on January 28, 2019. The new survey revealed there was some additional decking that was installed after the notice of violation. The City staff contacted the utilities, including FPL, to attempt to get the easement abandoned so this matter could go before City Council. After six months of attempts to get a release from FPL, it was stated by FPL that they needed an updated survey showing where the new easement was proposed to be. The owner expressed an unwillingness to obtain that survey. Another hearing before the Special Magistrate was held on July 30, 2019. There was a continuance because of the inability to have the application for negation of the easement heard before City Council due to the inability to obtain approval from FPL. The result of the order on July 30, 2019 was: (a) obtain the FPL release of easement; (b) obtain a vacation of easement from City Council; (c) obtain all necessary building permits; (d) obtain all necessary inspections; (e) bring the property into full compliance by October 1, 2019; (f) close out the permit as being in full compliance. The alternative was to remove the pool. On October 24 a building permit was issued after the release had been obtained from FPL and City Council approval. On November 6 the first inspection was made, which revealed some code violations regarding electrical and window-glazing issues. On November 19 his department was asked to go out and do another inspection where all the deficiencies were corrected, and the project was completed and closed. On December 2 a notice was sent to the property owner for non-payment of administrative fees and accrued fines, which totaled $2,700.00, and the payment was to be made before the January 21, 2020 Special Magistrate hearing. On that date it was discovered immediately before the hearing that ownership had changed hands to the daughter, Patti Richards, back in October 2019, and that case was pulled from the agenda. PAGE 7 A new notice was sent out, and this matter is before the Magistrate to obtain an order to enforce the lien. The fine was calculated at 49 days at $50.00 a day and $250.00 for the administrative fees. That totals $2,700.00. Mr. Anon requested submission of the documents contained in the Building Department's file into the record. He also requested to have the email from Ms. Patti Richards to Mr. Eseltine entered into the record. Mr. Eseltine verified the documents. So ordered. Case No.: CE-19-033278 AVCHEN CONSTRUCTION, INC. 938 CLEARMONT STREET Code Enforcement Officer Curtis Bloomfield identified himself and his employment with the City of Sebastian. Officer Bloomfield reviewed that this case was brought before the Magistrate previously where it was ordered that the property be abated regarding a five- foot cutback. The City is now asking that the costs of doing the abatement now be assessed, which are in the amount of $1,373.35. This includes administrative costs of $100.00. Officer Bloomfield stated that the owners were noticed for this hearing. Ms. Smith stated that the notice was returned unclaimed. It was sent to the registered agent for the corporation, which is listed on the property appraiser's website. She further stated that this corporation has been administratively dissolved. So ordered. The hearing was adjourned at 2:36 p.m. jg