HomeMy WebLinkAbout04-20-2021 MinutesSEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
APRIL 20, 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,
Gary Vicars, MIS Technical Analyst, 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 20-047222
Neeraj and Jaya Punglia
344 Bayfront 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. He also asked that for this case the entire packet from
the Code Enforcement officer, 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 the violation is
for the cutback ordinance, Section 66-3.11(b) which states the condition creates an
unreasonable maintenance burden upon the adjoining property owners. He further
testified that on November 2, 2020, he issued a Notice of Violation. On November 5,
2020, Certified Mail, Return Receipt Requested was sent to the property owner as listed
on the Property Appraiser's website. He also posted the property. He presented the
photos which were put on the overhead projector which showed the posting and the
cutback, as well as the overgrowth present. He further stated that it is just as bad on the
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other side of the property. So all three sides of the property will need to be corrected. On
March 22, 2021, he again posted the property, and a letter was sent to appear before the
Magistrate via Certified Mail, Return Receipt Requested.
Ms. Smith stated staff was unable to confirm if the Notice of Violation was signed for, but
the Notice of Hearing was signed for on March 25th. Mr. Anon explained that the letter
dated March 19, 2021 was sent Certified Mail, Return Receipt requested, and it was
signed on the 2511 of March. Ms. Smith stated there was no response to that letter.
Officer lachini is asking for the Court to give the City permission to enter the property and
do the cutbacks. Because it is such a wet area, with all the recent rain it may need to dry
out a little bit more. Hopefully, it will be dry enough for the staff to get in there and cut it
back and send the bill for the abatement to the owner along with the administration fees
of $100.00.
Mr. Anon stated the Order will be asking for a $250.00 fine up to the maximum which is
$5,000.00. If the City abates the situation, the property will be liened as well.
Magistrate Armitage, seeing no one in chambers and hearing no one on Zoom who
wished to speak granted the Order as requested.
III. Adiournment
There being no further business, Magistrate Armitage adjourned the meeting at 2.08 p.m.
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