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HomeMy WebLinkAbout10-19-2021 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING OCTOBER 19, 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 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 Il. Initial Hearina of Code Violations Case No.: Sec. 66-3 Illustrative Enumeration CE 21-033680 and 21-034586 JOHN R. WEICK 589 FUTCH WAY 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, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield reviewed that on or about August 6, 2021 he inspected this property and found that it was in violation of City Code 66-3(11), which is tall grass. The owner has not complied to either violation, the second being City Code 66-3(1), junk and debris. He cited the owner. Notice was sent by Certified Mail, and the property was posted. The Certified Mail notice was returned unclaimed. He displayed photos of the property on the monitor and explained what each photo represents. One of the photos shows the property owner holding the posting for this hearing, as he would not allow Officer Bloomfield to tie it to anything on SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 2 OCTOBER 19, 2021 his property. That is why the first notice is on the table. Officer Bloomfield stated the City is asking to be permitted to abate the property to cure these violations. He is also asking for a $250.00 administrative fee, as he has spent a lot of time and resources with the owner. The Magistrate asked if the City is going to permit the property owner time to cure these violations. Officer Bloomfield said no, as this has been ongoing. He has been dealing with this property owner for years, and this is how it has always been. The Magistrate asked if there is an abandoned vehicle shown on one of the photos. Officer Bloomfield answered yes. He reviewed that it is a vehicle that this court actually ruled on a couple of months ago that the City had removed from the property. It was returned to the owner in error. The towing company did not know that they were not supposed to give it back to the owner. He also stated that he is going to address that matter in a future case. The Magistrate inquired if there is anyone in chambers who wishes to speak, as well as anyone on Zoom who wished to speak. There was no one. The request was granted as requested with no days to cure. Case No.: CE 21-036013, 21-036029, 21-036031,and 21.036032 TITONE PROPERTIES LLC 1753 INDIAN RIVER DRIVE Sec. 66-3 Illustrative Enumeration & Required Permit 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, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield reviewed that on August 20, 2021 he inspected this property with the Building Director and an employee from the County's Health Department. He had received a complaint that the property was in very poor condition with dilapidated buildings, high grass, etc. On that date it was found to be in violation of City Code 66-3(11), which is high grass, 66-3(1), which is trash, debris, litter, junk, and 66-3(3) which is for a structure that has detached from the main structure. It is so dilapidated that it has detached from that building and is a hazard. That is to be removed. Also, it was cited for 26-81, which requires the owner to apply for building permits. The owner is doing work there without permits. There is a tenant living there, SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 3 OCTOBER 19, 2021 and the building is actually uninhabitable. The Building Department is going to bring that case. Officer Bloomfield displayed photos of the property on the monitor and described each one. The original posting was done on August 24, 2021 The posting for this hearing was done on September 17, 2021. Officer Bloomfield stated the Health Department is working with the Building Department on moving to demolish that structure, and they will be bringing that case before the Magistrate. The City is asking to clean the property up —mow the grass and remove all the junk and debris. He is asking for administrative costs of $250.00, as he has spent a lot of time on this property. Notice went out to the registered agent, and it was returned unclaimed. Mr. Anon has not had conversation with the Building Department. The property is still in violation of these sections of the Code. When the Building Department decides that they want to require some sort of demolition order, he suggests they can use the order from this hearing and then come back and get a demolition order. He suggested that he can get the Building Inspector and bring him in here. Magistrate Armitage suggested taking a short recess in order to have the Building Inspector appear. (OFF THE RECORD) (SHORT RECESS TAKEN) (BACK ON THE RECORD) Mr. Anon has verified that Mr. Eseltine, the Building Inspector, is on vacation. At this point, the City is going to be asking for these four violations, and he will subsequently meet with the Building Department to see what they want to do. His understanding is that the Building Department does intend to come back for demolishing the property. Officer Bloomfield verified that. Magistrate Armitage stated that these violations will be addressed, and we will wait to hear from the Health Department and the Building Department. The Magistrate ordered $250.00 administration fee with no time to cure. Mr. Anon stated he would ask for whatever the Magistrate deems necessary on all four violations to get some daily fines. If it is cured in only a matter of days, that will be minimal. Magistrate Armitage ordered $100.00 daily fine plus $250.00 administrative costs. There was no one in Chambers or on Zoom who wished to speak. Hearing nothing further, so ordered as requested III. Adioumment SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 4 OCTOBER 19, 2021 There being nothing further, the hearing was adjourned by Magistrate Armitage at 2:21 p.m. JG