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HomeMy WebLinkAbout07-21-2020 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JULY 21, 2020 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 Manny Anon, Deputy Police Chief Greg Witt, Code Enforcement Officer Richard lachini, Code Enforcement Officer Curtis Bloomfield, Administrative Assistant Janickie Smith, Barbara Brooke -Reese, MIS Manager, and Janet Graham, Technical Writer (via Zoom), All who would testify were sworn in by Ms. Smith. 3. Hearing of Code Violation: Case No.: CE 18-040392 John R. Weick 589 Futch Way Section 66-3(12) Inoperable Junk Vehicles Magistrate Armitage called upon the City's representative to present his case. The Magistrate also noted that there appeared to be no one present on behalf of the owner, and no one was on Zoom. Code Enforcement Official for the City of Sebastian, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield stated that this case is two years old. He visited the property listed on the complaint and found that the property was in violation of Ordinance 66-3(12) (a)(b), which states that no junk or derelict vehicles can be left on the exterior of a property. The owner was notified via Certified Mail. The property was also posted. The notice came back as unclaimed. The owner did not sign for it. He does live there. The owner has had two years to come into compliance. He PAGE 2 was scheduled for last month's magisterial hearing, and at the last minute he requested an extension, which was granted to him. So the property was reposted for this hearing. Officer Bloomfield stated that it appears the owner is not present for this hearing. Officer Bloomfield displayed photos of the property as well as the postings on the monitor. He is asking to have both vehicles towed from the property. Mr. Anon offered the mailing envelope into evidence as part of the record. Mr. Anon stated the City is asking for administrative fees. Subsequently, this case will have to be brought back to assess the fees. He is also asking for up to $250.00 by regulation since this is the first time, and also once the issue is cured, there will also be a fine which will ultimately be assessed. So ordered as requested. Case No.: CE 19-028468 Zuei-Yuan and Yun-Chang Wu and Chen Yuann-Mei Wu 1033 Seamist Lane Section 66-3 Illustrative Enumeration Magistrate Armitage called on the City representative to present testimony. The Magistrate noted that there appeared to be no one present on behalf of the owner, and no one was on Zoom. Code Enforcement Official for the City of Sebastian, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield stated this is a case where the adjacent property owner complained about overgrowth. Officer Bloomfield inspected the property, found the property to be in violation of City Code Section 66-3.11(b). He issued a notice of violation. The notice was sent via Certified Mail to the owners of record, which is an address in Taiwan. No return receipt was ever received, and the City sent a notice twice. The property was posted with notice of this hearing and the notice of violation. He displayed photos of the condition of the property as well as the postings on the monitor. Mr. Anon added that the file contains all the attempts that have been made by the City via Certified Mail. The file also has a certification from Officer Bloomfield that he in fact did send the notifications and did post the property itself as well as posting it in City Hall. Officer is asking for permission to go on the property and have it abated by having the sides cut back by five feet. Mr. Anon stated the City is asking for administrative fees of $100.00 as well as a daily fee to when the property is cured. After the property is cured, the case will be brought back to have the costs assessed. So ordered as requested. PAGE 3 Case No.: CE 20-024302 Katherine Davis 120 Englar Drive Section 66-3 Illustrative Enumeration Magistrate Armitage called on the City representative to present testimony. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. He stated that on June 6, 2020 he found the property to be in violation, and notice via Certified Mail was sent. The property was posted on June 9. He displayed photos of the property and the postings on the monitor. Officer lachini stated that the owner of this property is deceased. The last time this case was presented before the Magistrate the attorney for the bank was present. At that time, the attorney for the bank said to go ahead and abate the property and send them the bill. The property was abated and the bill sent to the bank. Ms. Smith stated the bank has been sent letters from the City, and the bank has responded that they would check into this matter, but no further correspondence was received by the City. Officer lachini stated the City is asking for permission to abate the property. He stated there are witnesses present who are neighbors who are complaining about the condition of the property. Magistrate Armitage called on the witnesses who wished to speak. Catherine Healy, 116 Englar Drive, Sebastian. She lives next door to the property in question. She stated she has pictures of the property, which were entered into the record. Her issue is that she has had to pay $300.00 to have the trees removed. She has had to pay for rodents to be removed. She had to pay $2,000.00 to replace the screening around her pool because the rats ate through the screen. She has snakes at her front door. She stated this house needs to be condemned. It needs to be torn down. It is a health hazard. It is time to do something besides addressing the overgrowth. She also commented that this situation is affecting property values of the neighborhood. Andrea Scarpa, 124 Englar Drive. She stated that since Ms. Davis passed away there have been rats present. She has had to pay to have the rodents caught and to clean up the area around the house. She is afraid to go out with her dog because of the rats. Her exterminator has checked the bait boxes, and apparently the rats are eating the poison. She states the house in question needs to be condemned and demolished. Nobody lives there. PAGE 4 Deborah Greer, 115 Englar Drive. She lives directly across the street from this property. She has seen rats come across the street. She has seen dead rats. The property in question is an eyesore and brings down her house value. Ever since Ms. Davis passed away, the house has been run down. She also has pictures which were offered into evidence. Magistrate Armitage noted there was no one else present who wished to speak on this matter, and there was no one on Zoom. Officer lachini stated that he is in the process of working with Wayne Eseltine, the Building Director. They are going to go to the property and investigate the property as to it being condemned. The property is obviously uninhabitable, but it may not be deteriorated to the point where it can be condemned. Mr. Eseltine will make a determination on that. Mr. Anon stated the case today is only for the high grass and weeds, but if the neighbors notice rodents, etc., they can file a complaint regarding that. He stated the City is asking for a fee of up to $250.00, and there will be an administrative fee of $100.00. The City will come back here again to levy the costs of curing the violation. So ordered as requested. Case No.: CE 20-013573 Veijo K. Voutila 1533 Emerson Lane Sec. 66-3 Illustrative Enumeration Magistrate Armitage called on the City representative to present testimony. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini stated the City received a complaint on overgrowth on this property on April 3, 2020. He issued the Notice of Violation on April 4, 2020. A letter was sent Certified Mail, Return Receipt Requested, on April 10, 2020, and the property was posted. A notice was also sent Certified Mail, and the property was posted on July 2, 2020 for the property owner to appear before the Magistrate. Photos of the property with the postings were shown on the monitor. The City is requesting for the violation to be cured. Magistrate Armitage called on the property owner to speak. PAGE 5 Mr. Voutila stated all four sides of the lot were cleared less than two years ago. He received the letter stating that the north and south sides need to be cleared again. He does not understand why anything needs to be done on the north side. He called the City when he received the registered letter. He will have the south side taken care of. He states the contractor is able and willing to do it. He wants to know who filed the complaint. Mr. Anon stated he wants to go forward on this case. The order states the property owner has until July 31 to cure the violation. The Magistrate can give the property owner more time to cure the situation if he so desires. It the situation is not cured by whatever date is ordered, the order does say that the property owner will have to pay administrative fees and daily fees of up to $250.00, as well as costs of the City going on the property and curing it. Mr. Voutila said he thinks the property is sold, so he does not know what the new owners will want to do. Magistrate Armitage explained that the property is currently in Mr. Voutila's name. If Mr. Voutila can get the work done in the next 10 days, it will be resolved. If it is not done in the next 10 days, there is going to be a fine. Mr. Anon explained to Mr. Voutila that, if the work is not done by July 31, the order will say that the City can go in and take care of the situation, and he will be issued administrative fees as well as costs. He also asked Mr. Voutila that, as soon as the property is cured, to contact the Code Enforcement Officer so that the case can be cleared. Case No.: CE 20-022580 Jenny Carr and Anthony Blythe and Brenda Blythe and Steven Blythe 1750 Mistletoe Street Sec. 66-3 Illustrative Renumeration Magistrate Armitage called on the City representative to present testimony. The Magistrate noted that there appeared to be no one present on behalf of the owner, and no one was on Zoom. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini stated on May 28, 2020 he issued a notice of violation for high grass and weeds on this property. He posted the property on June 5, 2020 for abatement, and photos were taken. He posted the property again on July 2, 2020. He displayed photos of the property with the notices on the monitor. All notices were sent out Certified Mail, Return Receipt Requested. The notices were signed for, but nothing has been done to cure the situation. Officer lachini is asking PAGE 6 for permission for the City to go on the property and abate the property. The City has received several complaints from the neighbors about this property. Mr. Anon stated the City is asking for administrative costs and for a fine of up to $250.00. The property owner has until July 31st to cure the violation. So ordered as requested. Case No.: CE 20-012576 Dominique V. Kreger, Estate of Earl J. Vantour II 1009 Barber Street Sec. 66-3 Illustrative Renumeration Seeing no one from the public as well as no one on Zoom who wished to speak on this case, Magistrate Armitage asked the City to present its case. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. He stated the City received a complaint about this property on March 27, 2020. He issued a Notice of Violation, and a letter was sent Certified Mail, Return Receipt Requested, to the owner of the property on April 10, 2020, which was not returned. Officer lachini stated that on July 2nd a letter was sent Certified Mail, Return Receipt Requested, with a notice to appear at this hearing, and that letter was signed for. Photos of the property and the postings were displayed on the monitor. Officer lachini is asking for permission to abate the property. He is also asking for administration fees. Mr. Anon stated the property owner has until July 31 st to cure the situation. If it is not cured by that date, the City is asking for permission to come on the property and cure the violation. In that case, the City will be asking for administrative fees of $100.00 and a fine of up to $250.00 until the property is cured. Ordered as requested. Case No.: CE 20-009924 Thomas Baroni 331 Biscayne Lane Sec. 66-3 Illustrative Enumeration PAGE 7 Seeing no one from the public and no one on Zoom who wished to speak on this case, Magistrate Armitage asked the City to present its case. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini stated he received a complaint about the overgrowth on the property from the adjacent property owner. He issued a Notice of Violation on March 9, 2020. A letter via Certified Mail, Return Receipt Requested, was posted on March 10, 2020. Another letter was posted on July 2, 2020 with a notice to appear at this hearing. Photos of the property and the postings were displayed on the monitor. Officer lachini is asking for permission for the City to go on the property and abate the property and send the bill to the owner. Mr. Anon stated the City is giving the property owner until July 31st to cure the violation. If not, the City is asking for permission to come on the property to cure the violation, and to come back to this court to levy costs that were incurred. The City is also asking for $100.00 in administrative fees as well as the fine of up to $250.00 until the property is cured. So ordered as requested. Mr. Anon requested a short break. OFF THE RECORD SHORT BREAK TAKEN. BACK ON THE RECORD LIENS Case No.: CE 19-050401 Jenny Carr and Anthony Blythe and Brenda Blythe and Steven Blythe 1750 Mistletoe Street Seeing no one from the public and no one on Zoom who wished to speak on this case, Magistrate Armitage asked the City to present its case. Mr. Anon stated this case was before the Magistrate on February 18, 2020 when an order was issued that dealt with land excavation and swales. Officer lachini is asking the Court to grant the lien that the City is asking for as well as all court costs in the amount of $313.25, which includes the $100.00 administrative fee. PAGE 8 So ordered. 4. There being no further business, Magistrate Armitage adjourned the hearing at 2:55 p.m. IF