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HomeMy WebLinkAbout11-17-2020 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING NOVEMBER 17, 2020 The Hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. Present: Special Magistrate Kelley H. Armitage, City Attorney Manny Anon, Deputy Police Chief Greg Witt, Code Enforcement Officer Richard lachini, 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. Call to Order II. Initial Hearing of Code Violations: Case No.: CE 20-037427 Anthony Sposato & Kathlyn Sala -Silver 116 Alhambra Avenue This is the third case on the docket, and Mr. Anon requested that it be taken out of order. He stated that the property owners are here in Chambers. The parties have requested more time than was in the original Order, as they are in the process of having the party or parties occupying the property evicted. Mr. Anon stated he is recommending December 2nd, 2020, but the City is amenable to granting more time if necessary. He then called on the parties to present their testimony. Mr. Sposato stated he does not know if the attorney who is involved can get the parties out in that amount of time. The Magistrate asked if another 30 days would be enough time. Mr. Sposato stated he thought it would be. Mr. Anon suggested that the additional time will be given, and the parties will get a signed order after this hearing. If they need more time, he suggested they contact the City and work out more time. He cautioned that if the City does not hear back from the property owners, he will set this matter for another hearing. He asked if the property owners have PAGE 2 any issues with the alleged violation, and they stated they have no issue with the alleged violation. The Magistrate suggested that an extension of 30 days will be given, which will be January 2, 2021. Seeing no one else in Chambers and hearing no one on Zoom, the Magistrate executed the Order, and it was given to the property owners. Hearing no objection, so ordered by the Magistrate. Case No.: CE 20-024171 Jiao Li 414 Perch Lane Sec. 66-3 Illustrative Enumeration Mr. Anon read the docket for Appeal of Code Violation and called on the City's representative to present its case. He stated the property owner is from China, and the City has had issues with contacting him. The Magistrate, seeing no one present in Chambers to offer testimony and hearing no one present on Zoom, called on 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 violation is for a cutback. It is an unimproved property, so it requires that a five-foot cutback to be done. On June 5, 2020 he wrote a Notice of Violation. On June 9th, the property was posted, notice was sent to the property owner via Certified Mail, Return Receipt Requested, and photos were taken at that time, which will be offered into evidence. On September 4, 2020, he reinspected the property. The violation still existed, and the property was posted with a letter to appear before the Special Magistrate, and a photo was taken. On November 3, 2020, he inspected the property again, and the violation still existed. He reposted the property and sent a letter to appear before the Special Magistrate. Because the homeowner was out of the country, 60 days were given to respond instead of the typical 30. Ms. Smith stated that it took three months for the Notice of Violation to be returned, and the City has not gotten any other response to this date. Officer lachini stated that this property was cut back in 2010 and 2011, and at that time the property was abated, and there was no response. PAGE 3 Mr. Anon stated the City will be entering all the photos and notices and Officer lachini's notes as part of the official record. Officer lachini stated that the City is requesting that, if the owner does not comply, the City have permission to go onto the property, abate it, and perform the cutback. Mr. Anon stated that if there is no response from the owner, the City will then request to lien the property for the costs that have been incurred by the City in addition to the $100.00 administrative fee. Hearing no objection, so ordered by the Magistrate. Case No.: CE 20-043824 Dale & Marcia Woodburn 153 Harris Drive Sec. 66-3 Illustrative Enumeration Mr. Anon read the docket for Appeal of Code Violation and called on the City's representative to present its case. Code Enforcement Officer Richard lachini identified himself and his position with the City of Sebastian. He stated that on October 9, 2020, he responded to a citizen's complaint about the back yard of this property not being cut. He investigated the property. The house was vacant. There has been someone who has been trying to cut the grass; however, the person cutting it only did the front and did not do halfway back the sides or the back. A Notice of Violation was sent out on October 9, 2020. On October 13, the property was inspected again, and the violation still existed. The property was posted, and a letter was sent Certified Mail, Return Receipt Requested, for abatement. Photos were taken at that time. On November 3, 2020, the property was again inspected, and the violation had not been cured. The property was posted at that time with a letter to appear before the Special Magistrate, and photos were taken. He went by the property immediately before this hearing, and the property remains in the same condition. Mr. Anon stated the City will be entering all the photos and notices and Officer lachini's notes as part of the official record. Mr. Anon stated that if the condition is not corrected by December 2, 2020, the City is requesting permission to go onto the property and cure the violation in addition to the $100.00 administration fee. Hearing no objection, so ordered by the Magistrate. PAGE 4 LIENS Mr. Anon stated that both of the lien cases are similar. He does not see anyone present in Chambers to speak on either of these cases. Case No.: CE 20-037036 Jenny Carr and Brenda Blythe & Anthony Blythe & Steven Blythe 1750 Mistletoe Street Mr. Anon read the docket for Appeal of Code Violation and called on the City's representative to present its case. The Magistrate, seeing no one present in Chambers to offer testimony and hearing no one present on Zoom, called on the City to present its case. Code Enforcement Officer Richard lachini identified himself and his position with the City of Sebastian. He stated that on November 30, 2020, he inspected the property and posted the property. A Certified Letter, Return Receipt Requested, was sent. There was nothing returned. Mr. Anon stated this property had been remediated. The total amount of the lien is $198.55, which includes the administrative costs, which the City is requesting. Mr. Anon stated all the bills, photos, the prior Order entered by the Magistrate on September 30, 2020, and Officer lachini's notes will be entered into the record. Hearing no objection, so ordered by the Magistrate. Case No.: CE 20-035558 & 20-035559 Katherine Davis 120 Englar Drive The Magistrate, seeing no one present in Chambers to offer testimony and hearing no one present on Zoom, called on the City to present its case. Mr. Anon read the docket for Appeal of Code Violation and called on the City's representative to present its case. Code Enforcement Officer Richard lachini identified himself and his position with the City of Sebastian. He stated that on November 3, 2020, he posted the property with a notice PAGE 5 to appear for the hearing. One case was for trash and debris removal, and the other was for mowing the yard. Ms. Smith stated that there is a title company involved, and the City did hear from them. It is in foreclosure presently. They did want to be updated on the code violations. Mr. Anon stated that for the record the City will be submitting the two bills for Case No. 035559, which was the removal of large debris for $109.00 and for the cutback, which is Case No. 035558, for $85.00, together with administrative costs for a total of $307.55. The Magistrate stated that the notes, pictures, and letters will be made part of the record. Hearing no objection, so ordered by the Magistrate. III. Adjournment Magistrate Armitage adjourned the hearing at 2:45 p.m. ff