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HomeMy WebLinkAbout09-30-2020 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING SEPTEMBER 30, 2020 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 (via Zoom), Wayne Eseltine, Director, Sebastian Building Department, 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), Ms. Smith swore in staff and all persons who would be speaking. Hearing of Code Violation: Case No. CE 20-010464 Carl D. Domenici 1315 Cownie Lane Sec. 54-2-7.22 Vacation Rental Registration Attorney Manny Anon read the docket for appeal of code violation and called on the City's representative 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 that on March 13, 2020 the property owner was issued a Notice of Violation, Section 54-2-7.22, Short -Term Rentals, must register with the City. On March 19, 2020 photos were taken, and Notice was sent via Certified Mail. On June 4, 2020, the property was posted and a letter to appear before the Special Magistrate was sent Certified Mail. The owner called and stated it would be registered, so it was removed from the docket for that term. On September 4, 2020, the property was reposted and a letter to appear was sent via Certified Mail because as of that date nothing had been done to register the property. The Certified Mail receipt was received back by the City unsigned. Officer lachini stated that as it stands presently it is not registered. He stated that he had spoken with PAGE 2 Community Development, and they said they had spoken with the daughter of the owner, and they gave her all the information she needed to get the property registered. Nothing was done. So this hearing is being held today to clarify this and get it settled. Magistrate Armitage called on the representative of the owner to present her case. Jennifer Toby (via Zoom) stated that she is the Power of Attorney for Mr. Domenici, as he is a quadriplegic. She was unaware that the property had been posted. She had spoken with Ms. Smith at the City. Ms. Toby filled out the forms and attempted to turn them in to the City, but that was at the beginning of the COVID-19 shutdown, and she was not allowed into City Hall. Mr. Domenici had told Ms. Toby to put the property up for sale, and she shut it down as an Airbnb. She was unaware that the City had been sending Mr. Domenici letters and posting on the house because she was not going to the property. She is here today to comply with the City's request. Since it is going up for sale, there is no reason to register it as an Airbnb. Mr. Domenici is on a ventilator now and will probably never return home. Officer lachini asked Ms. Toby when was the last date that there was anyone renting the property. Ms. Toby stated there was a time in September that was booked, and a neighbor had complained about noise. The Airbnb has been discontinued since then. A citation was left at the property, and that is why she is appearing today. There was discussion between Officer lachini and Ms. Toby regarding the loud noise. Magistrate Armitage asked Ms. Toby if there is any plan to open this property up as an Airbnb in the future. Ms. Toby stated there is no plan for an Airbnb. The property is going up for sale. Ms. Toby stated she has complied with everything the City has asked. Magistrate Armitage asked Officer lachini if there are administrative costs involved. Officer lachini said yes. Ms. Toby stated she does not think Mr. Domenici should have to pay a fine, as he has been unable to respond to the notices. Ms. Toby is willing to do anything else that is needed to get this matter settled. Hearing nothing further, Magistrate Armitage clarified with Officer lachini that the City would like a copy of the Power of Attorney within 10 days of this date. Attorney Anon said that is correct, as well as the City should be satisfied that the Airbnb has been closed down. She would have to provide that information to the Code Enforcement Officer along with her Power of Attorney. Then the rase can be dismissed. Magistrate Armitage stated the only thing that is still outstanding is the request for administrative costs. The Magistrate will give Jennifer Toby on behalf of Cad Domenici 10 days to provide the documentation requested by the City, at which point the City will PAGE 3 review it and decide how to move forward with the case. Even in anticipation that the case would be dismissed upon production of the documentation, Magistrate Armitage stated that the Court will still levy $100.00 in administrative costs. Mr. Anon told Ms. Toby that, once she provides the Power of Attorney and proof to the City's satisfaction that she has closed down the business, he will have the Order for her as well. Ms. Toby asked what documentation she needs to prove that the Airbnb is closed. Mr. Anon advised her that she needs to find that out from the City, and as long as the City is satisfied, the case will be dismissed. Hearing nothing further from any party, Magistrate Armitage called for the next case. 3. Hearing of Code Violation: Case No.: CE-20-014529 Rakesh Pradhan 1518 Polynesian Lane Sec. 66-3 Illustrative Enumeration Mr. Anon read the docket into the record and called upon the City's representative to present its case. He stated that an administrative fee of $100.00 will be asked for, and the property owners will be given a certain number of days to cure the violation. The Order will state that all the information testified to on this day, such as notes and photographs, will become part of the official record. Code Enforcement Official for the City of Sebastian, Richard lachini, idenfified himself and his position with the City of Sebastian. On April 10, 2020 Officer lachini issued a notice of violation per the Ordinance under Section 66-3.11(b), overgrowth, owner is responsible for five-foot perimeter. On May 5, 2020, he posted it with a letter to abate, Certified Mail was sent, and photos were taken. On September 4, 2020, it was posted with a letter to appear before the Special Magistrate, and photos were taken. Officer lachini requested that permission be given to go onto the property and abate it and bring it into compliance. Magistrate Armitage inquired whether there is anyone on Zoom to speak on this case. Hearing none, the Magistrate noted that there was no one in Chambers today to speak on the matter. Mr. Anon stated that the Order will have the administrative fees and costs spelled out on the Order, and the owners will be given a certain number of days to cure the violation. The Order will also make reference that all the information testified to on this day, including the notes and photographs, will become part of the official record. PAGE 4 Hearing no objection, so ordered by the Magistrate. Hearing nothing further from any party, Magistrate Armitage called for the next case. Case No.: CE-20-037036 Jenny Carr, Anthony Blythe, Brenda Blythe, and Steven Blythe 1750 Mistletoe Street Sec. 66-3 Illustrative Enumeration Mr. Anon read the docket into the record and called upon the City's representative 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 that on August 24, 2020 he issued a Notice of Violation of Ordinance Section 66-3.11. That is the grass and weeds ordinance. On August 25, 2020, he posted the property with a letter for abatement. Certified Mail was sent, and photos were taken. On September 4, 2020, a letter was posted to appear before the Special Magistrate via Certified Mail, and photos were taken. This has been an ongoing issue with this property, a repeat offender. He asked the Court to grant permission to go onto the property, abate it, and bring it into compliance. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he noted there was no one present in Chambers. He inquired if there is any request for administrative fees. Mr. Anon stated that the Order will have the administrative fees and costs spelled out on the Order, and the owners will be given a certain number of days to cure the violation. The Order will also make reference that all the information testified to on this day, the notes and pictures, will become part of the official record. Hearing no objection, so ordered by the Magistrate Case No.: CE-20-035558 and CE-20-035559 Katherine Davis 120 Englar Drive Sec. 66-3 Illustrative Enumeration PAGE 5 Mr. Anon read the docket into the record and called upon the City's representative 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 that on August 13, 2020, he issued a Notice of Violation under Ordinance 66-3.11 for grass and weeds and 66-3.1 for trash and debris. On August 20, 2020, he posted the property with letters to abate. Notices were sent via Certified Mail, and photographs were taken. On September 4, 2020, he posted the property with a letter to appear before the Special Magistrate which was sent via Certified Mail, and photographs were taken. This case is a repeat offender. The owner is deceased, and there has been no response from the bank or anyone else. He is asking for permission to go onto the property and abate it and bring it into compliance as well as $100.00 in court costs. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he noted there was no one present in Chambers. He inquired K there is any request for administrative fees. Mr. Anon stated that the Order will have the administrative fees and costs spelled out on the Order, and the owners will be given a certain number of days to cure the violation. The Order will also make reference that all the information testified to on this day, the notes and pictures, will become part of the official record. Hearing no objection, so ordered by the Magistrate Case No.: B-20-1022 Edie M. Cannon 594 Bayharbor Terrace Mr. Anon read the docket into the record. Mr. Anon called upon the building official for the City of Sebastian to speak on this case. Mr. Wayne Eseltine, Building Official for the City of Sebastian, stated that there was a hearing before the Special Magistrate in February 2020 to obtain a final order to demolish the structure because the City had found the structure was unsafe and unfit for human habitation. That order was granted, and the demolition was completed on June 9, 2020. The total cost of that demolition was $7,330.00. The respondents were properly noticed of this hearing for today via Certified Mail. No one is here to address the situation. He stated there was some correspondence from one person who was representing one of PAGE 6 the banks, and she has said that she believes they are going to eventually pay the costs of the demolition. He stated at this point the bank is stating that the property has not moved into foreclosure yet. In the meantime, the City wants to impose a lien on the property. Magistrate Armitage noted that no one is present in Chambers, and no one is on Zoom to speak to this issue. Mr. Anon stated that the Order will have the administrative fees and costs spelled out on the Order. The Order will also make reference that all the information testified to on this day, the notes and pictures, will become part of the official record. Hearing no objection, so ordered by the Magistrate. Magistrate Armitage called for the next case. Case No.: CE-19-046051 Edie M. Cannon 594 Bayharbor Terrace Mr. Anon read the article into the record and called upon the City's representative 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 this case is for an abatement. A vendor was sent in to take care of the property and bring it into compliance. At this time, the City is asking to grant the lien. Mr. Anon staled that the Order will have the administrative fees and costs spelled out on the Order. The Order will also make reference that all the information testified to on this day, the notes and pictures, will become part of the official record. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he noted there was also no one present in Chambers. Hearing no objection, so ordered by the Magistrate. Magistrate Armitage called for the next case. Case No. CE-19-042252 and CE-19-042254 Anthony Cardoza and Jamie Nga Diep PAGE 7 1601 Whitmore Street Mr. Anon read the article into the record and called upon the City's representative to present its case. Code Enforcement Official for the City of Sebastian, Curtis Bloomfield, identified himself and his position with the City of Sebastian. He stated this case came before the Magistrate a couple of months ago, where the City asked for permission to go on the property and have it abated for debris removal and high grass and weeds. Permission was given to abate the property, so he is back here today asking the Magistrate to lien the property so the City can recoup the cost of the abatement, which the total is $398.25, which includes $100.00 for administrative costs. Mr. Anon stated that the Order will also make reference to all the information testified to on this day, the notes and pictures, and will become part of the official record. He asked Ms. Smith to make sure the Order reads $398.25 before the Magistrate signs the Order, as he thinks the amount is incorrect the way it reads now. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he also noted there was no one present in Chambers. Hearing no objection, so ordered by the Magistrate Magistrate Armitage called for the next case. Case No.: CE-19-012576 Dominique V. Kreger, Est. of Earl J. Vantour II 1009 Barber Street Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. He stated this is a lien request for an abatement that was done last year for a cutback on the property. Total is $1,113.55. which includes the administration fees. He is requesting that the Magistrate grant the lien. Mr. Anon staled that the Order will have the administrative fees and costs spelled out on the Order. The Order will also make reference that all the information testified to on this day, the notes and photographs, will become part of the official record. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he also noted there was also no one present in Chambers. PAGE 8 Hearing no objection, so ordered by the Magistrate. Magistrate Armitage called for the next case. Case No.: CE 19-022580 Jenny Carr and Brenda Blythe and Anthony Blythe and Steven Blythe 1750 Mistletoe Street Mr. Anon read the docket into the record and called upon the City's representative 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 that last year this property was abated, and he is requesting a lien be granted in the amount of $183.55. That does include the administration fees. Mr. Anon stated that the Order will have the administrative fees and costs spelled out on the Order. The Order will also make reference that all the information tested to on this day, the notes and photographs, will become part of the official record. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he also noted there was no one present in Chambers. Hearing no objection, so ordered by the Magistrate Magistrate Armitage called for the next case. Case No.: CE 19-024302 Katherine Davis 120 Englar Drive Mr. Anon read the docket into the record and called upon the City's representative to present its case. Code Enforcement Officer for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. He stated that this property was abated last year. The total costs, including administration fees, is $183.55. He is requesting the lien be granted. PAGE Mr. Anon stated that the Order will have the administrative fees and costs spelled out on the Order. The Order will also make reference that all the information testified to on this day, the notes and photographs, will become part of the official record. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he also noted there was no one present in Chambers. Hearing no objection, so ordered by the Magistrate Magistrate Armitage called for the next case. Case No.: CE 16-27462 Rudolph and Evelyn Piragnoli 1322 Laconia Street Mr. Anon read the docket into the record and called upon the City's representative to present its case. Code Enforcement Officer for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. He stated that the property was abated in 2016, and a bill was sent to the owner, but nothing was ever paid. The City is requesting that the lien be in a total of $407.13, which does include the administrative costs. Mr. Anon requested Ms. Smith to amend Paragraph 6, as the administrative costs are not on there. The Order will also make reference that all the information testified to on this day, the notes and photographs, will become part of the official record. Magistrate Armitage inquired if there was anyone on Zoom to speak on this matter. Hearing no one, he also noted there was no one present in Chambers. Hearing no objection, so ordered by the Magistrate. 3. Adjournment Magistrate Armitage adjourned the hearing at 2:45 p.m A