HomeMy WebLinkAbout02-16-2021 MinutesSEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
FEBRUARY 16, 2021
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, 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 Hearinq of Code Violations:
Case No. CE 20-035557
Marc B. & Corazon Foscolo
111 Osceola Avenue
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 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 five-foot cutback
as set forth under the City's Code, Section 66-3.11(b), owners of adjacent properties are
responsible to maintain a minimum of a five-foot perimeter of vegetation around their
property. He stated that on August 13, 2019, he had responded to a complaint from the
adjacent improved property owner about the overgrowth. He issued a Notice of Violation
via Certified Mail. That was sent out on August 20th. The Notice was sent to the owner
of the property listed on the Property Appraiser's website. He stated they received it,
signed for it, and have not contacted the Code Enforcement office and have not done
anything to remedy the situation. On January 15, 2021, he reinspected it, and the problem
still was not taken care of. The property was posted, and the photos are on the screen.
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Magistrate Armitage stated that all those photos will be admitted into evidence. Officer
lachini stated at that point, a letter was sent with a notice to appear before the magistrate,
Certified Mail, Return Receipt Requested. The owners received that notice and signed
for it. To date they have not contacted anyone at the City regarding this matter. At this
time, Officer lachini is requesting permission to go onto the property and abate it, and the
City will send the owners the bill for it, which will include the usual $100.00 administration
fee. Officer lachini stated the owners will be given 10 days to cure the situation. At the
end of the 10 days, if nothing is done, the City will go ahead and abate it. They will not
be assessed any daily fine until then.
Magistrate Armitage, seeing no one present in chambers and hearing no one on Zoom to
speak on this matter, asked if there was anything else.
Mr. Anon stated the City would be asking for the administrative fee of $100.00. The City
is also going to be asking for a fine of up to $250.00 per day after 10 days. Once the
extension date comes up, the City will immediately try to remedy it, but it might be a
couple days before they can get on the property. He moved that all the notices, reports,
all the postings, and the Code Enforcement Officer's personal notes be entered into
evidence, as well as a copy of the Code, which is Section 66-3.11(b)(2).
So ordered by the Magistrate.
III. Adiournment
There being nothing further, the hearing was adjourned by Magistrate Armitage at 2:06
p.m.
Ire