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HomeMy WebLinkAbout03-16-2021 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MARCH 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, Code Enforcement Officer Curtis Bloomfield, Administrative Assistant Janickie Smith, Joseph Perez, AV Technical Assistant, and Janet Graham, Technical Writer (via Zoom), Ms. Smith swore in staff and all persons who would be speaking. Call to Order II. Initial Hearina of Code Violations: Case No. CE 20-046157 Kathleen B. Hillis 1020 Topsail 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 also asked that, for this case and all of today's cases, the entire packet from the Code Enforcement officers, including all the returns, notices, and all the photos be entered as part of the file. So ordered by the Magistrate. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini reviewed that on October 27, 2020, a Notice of Violation was issued for Section 66-3.11(b), five-foot cutback. On October 31, 2020, the property was posted for abatement, and notice via Certified Mail was sent to the owner, and photos were taken. On February 18, 2021, a letter was posted to appear before the Special Magistrate. The photos were displayed on the monitor. Officer lachini stated that this morning staff received contact from the owner, who is claiming that the property was sold in November. However, it still comes back to her name on the Property Appraiser's website. Via several emails and texts with her, he discovered that the supposed new buyer is Maronda Homes. Ms. Hillis claims that PAGE 2 Maronda Homes told her that they would get in touch with Officer lachini and take care of the problem. Maronda Homes never did. Officer lachini contacted Maronda Homes regional sales manager. They spoke just a few moments prior to this hearing, and the representative of Maronda Homes told Officer lachini that Maronda does not ever tell a customer that they will take care of violations that were on the property before Maronda buys it. With that said, under the circumstances Officer lachini is requesting that the hearing be held. He is asking for permission for the City to go onto the property and abate it. The City will then send the owner the bill. He is requesting administrative fees of $100.00 plus $250.00 per day for the violation after March 26, 2021. Magistrate Armitage asked if there is an opportunity to cure the violation before the City enters the property. City Attorney, Mr. Anon, stated he found out about this situation today where allegedly there is a second buyer. The City has no information that the property has been sold. It still shows Ms. Hillis as the property owner on the Property Appraiser's website. He was told by Officer lachini that Officer lachini spoke to the alleged new owners, and they are not going to pay for it. Mr. Anon stated that the City is alleging that, based on the records, Ms. Hillis is the property owner. If the Code Enforcement Officer's testimony is that he knows for a fact that the property now has been sold, perhaps the Property Appraiser's office has not yet listed the new property owner. Considering all the information he has, Mr. Anon recommends that the City goes forward assuming that Kathleen Hillis is the property owner. The Magistrate asked if the City has any idea when the closing might be. Mr. lachini stated that Ms. Hillis received a deposit supposedly for the property on Topsail Lane back in November. Presently, the parties are waiting on everyone's signatures and a notary. Mr. Anon stated that, based on all the information, the property has not been sold. So the property owner is still Kathleen Hillis. He further stated that Ms. Hillis called and spoke to staff today. She knew about this hearing. She is not here. He is asking that the Magistrate go forward against the current property owner, Ms. Hillis. 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. Hearing nothing further, so ordered as requested. Case No.: CE 20-037137 Oiver C. and Hyacinth V. Crichlow 201 Englar Drive PAGE 3 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. Officer lachini stated this violation is for a five- foot cutback. On August 25, 2020, a Notice of Violation was issued, and on August 27, 2020 the property was posted with an abatement letter, and photos were taken. The letter was returned unclaimed. Officer lachini stated that on February 18, 2021 the property was posted with a letter to appear before the Special Magistrate. A letter via Certified Mail was also sent to the owner, and photos were taken. Officer lachini is asking for permission for the City to go on the property and abate it and send the owner the bill with an administrative fee of $100.00 plus the cost of the abatement. 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. Hearing nothing further, so ordered as requested. Case No.: CE 20-045990 Larry E. Marshall 113 Duncan Street 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. Officer lachini stated this violation is for a five- foot cutback. He stated that on October 26, 2020 a Notice of Violation was issued, and on October 31, 2020 the property was posted, and a letter was sent to the owners via Certified Mail. The owners were given 60 days' notice because they were out of the country, living in Canada. On February 18, 2021, the property was posted with a letter to appear before the Special Magistrate, and photos were taken. Officer lachini is asking for permission for the City to go on the property, abate it, and send the owners a bill for the abatement plus $100.00 administrative fees. Ms. Smith made a correction, stating that the notice was sent to Alaska, and the Notice of Violation was signed for on November 27, 2020, but there was no response. PAGE 4 Magistrate Armitage, noting no response from the notice, seeing no one present in chambers, and hearing no one on Zoom to speak on this matter, asked if there was anything else. Hearing nothing further, so ordered as requested. Case No.: CE 20-042032 Burdelyn Reid 698 Helicon Terrace 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. Officer lachini stated this violation is for a five- foot cutback. On September 29, 2020, a Notice of Violation was written, and on October 6, 2020 the property was posted with a letter to abate, and the notice to abate was sent via Certified Mail, and photos were taken. On February 18, 2021, the property was posted with a letter to appear before the Special Magistrate, Certified Mail was sent, and photos were taken. At this time, Officer lachini is asking for permission for the City to go on the property, have it abated, and to send the owner a bill for $100.00 in administrative fees plus the cost of the abatement. Magistrate Armitage, noting no response from the notice, seeing no one present in chambers, and hearing no one on Zoom to speak on this matter, asked if there was anything else. Hearing nothing further, so ordered as requested. Case No.: CE 19-028468 Zuei-Yuan R. & Yun-Chang Wu & Chen Yuann-Mei Wu 1033 Seamist Lane Sec. 66-3 Illustrative Enumeration Mr. Anon stated this case has already come before the Special Magistrate during normal proceedings, so this is really a Massey hearing where the City is asking the Special Magistrate to impose a lien. He stated this case came before the Special Magistrate back PAGE 5 on July 21, 2020, which is all part of the record. He 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, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield stated this case is for a five-foot cutback on the south and north sides of the property. It is a wooded lot. He reviewed that the City was given permission to go on the property and abate it, which was done. So this hearing is to lien the property so that the City can recoup the costs of that abatement, for which he stated the total is $919.41. That includes administrative costs of $100.00. Magistrate Armitage inquired whether the City has heard from the owners. Mr. Anon stated this is a case where the owners are overseas. He stated the owners are in Taiwan. Mr. Anon stated that they did receive the prior notice. He knows it is the correct address, as it was signed for. The owners never contacted anyone for the City. A notice was sent again to the same address for the Massey hearing, and they have not replied. Ms. Smith noted that the City did not receive signed or returned mail on the Notice of Hearing, for which they were given 60 days' notice because of being out of the country. Magistrate Armitage, noting no response from the notice, seeing no one present in chambers, and hearing no one on Zoom to speak on this matter, asked if there was anything else. Hearing nothing further, so ordered as requested. III. Adiournment There being nothing further, the hearing was adjourned by Magistrate Armitage at 2.06 p.m. Ice