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HomeMy WebLinkAbout04-19-2022 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING APRIL 19, 2022 The Hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. Call to Order Present: Special Magistrate Kelley H. Armitage, City Attorney Manny Anon, Jr., Code Enforcement Officer Curtis Bloomfield, Code Enforcement Officer Richard lachini, Administrative Assistant Janickie Smith, Gary Vicars, MIS Technical Analyst, Janet Graham, Technical Writer, Jonathan Kaplan, Attorney for the Homeowners, and Jodi J. Benjamin, Court Reporter Mr. Anon stated that procedurally, he will be presenting two witnesses. The Code Enforcement Officer will be going first, and then the building official will be presented. Counsel can ask any questions he wants of the witnesses. Magistrate Armitage asked if there are any motions to be heard. Mr. Kaplan stated he had one to dismiss for failure to submit adequate notice. He is arguing that the notice which was provided to the homeowners did not specifically provide what type of violation had occurred, and in fact it did not give any notice as to what was being violated and why. The notice simply tracked the ordinance section and did not give any specifics. Ms. Smith swore in staff and all persons who would be speaking. II. Initial Hearinq of Code Violations Case No.: CE-20-056011 CHADWICK S. ENGLERT AND NICOLE M. COTTON 168 HARRIS DRIVE There was discussion among the Court, Mr. Anon and Mr. Kaplan regarding what would be entered into evidence as exhibits. Mr. Anon reviewed that this case was started back in June 2021 at which time the respondents did appear. They received ample notice for that hearing, and they did not PAGE 2 challenge it at that point. There was not an order entered in that case. The parties were asked to meet. Subsequently, they met with the building official, and he is here today. Mr. Anon stated there will be testimony through the Code Enforcement Officer that the homeowners and their counsel have received ample notice to be present today. He further stated that the only purpose for this hearing is to establish that the homeowners erected a roof covering without a permit. There was direct testimony by Richard lachini, Code Enforcement Officer for the City of Sebastian, as well as cross-examination of Officer lachini by Attorney Kaplan. Attorney Kaplan took issue regarding the notice that he received that it does not specifically outline the specific violation as to what structure requires a permit and why it requires a permit. Mr. Anon reviewed that the homeowners have met with the City official ad nauseum. They were told specifically, and they know what the violation is. The only thing they are required to do is get a permit after the fact. Officer Richard lachini identified himself and his position with the City of Sebastian. There was protracted direct- and cross-examination of Officer lachini. Officer lachini reviewed the history of the case with dates, and photographs of the structure in question were shown. Mr. Anon called on Wayne Eseltine, Building Official for the City of Sebastian. Mr. Eseltine testified as to the history of the case. He stated that Ms. Dorri Bosworth, Community Development Manager, also had some involvement with the case as both the recipient and originator of e-mails to and from the parties involved. Photographs were shown to Mr. Eseltine, and he identified them as being of the structure in question. There was direct- and cross-examination of Mr. Eseltine regarding the history of the case and the structure in question as well as when a building permit is required. Magistrate Armitage questioned Mr. Eseltine regarding definitions contained in the City Code of Ordinances and the Florida Building Code and who determines if a permit is required for a structure. Mr. Kaplan then questioned Mr. Eseltine regarding the City Code of Ordinances and the Florida Building Code. Mr. Anon offered into the record as exhibits all the photographs, e-mails, and correspondence that were discussed. The Magistrate called a recess so that the exhibits could be marked. (OFF THE RECORD) (DISCUSSION HELD OFF THE RECORD) (BACK ON THE RECORD) Mr. Anon identified each exhibit by number and entered them into the record without objection. PAGE 3 Mr. Anon stated that, after discussion, the City will give the homeowners six months to complete the permitting process. He emphasized that, after the six-month period, if through no fault of the City, nothing has been done, there will need to be another hearing to issue an order for noncompliance. The Magistrate stated that this hearing will be abated, and he will issue an order allowing the homeowners six months to get the permit process completed. Mr. Anon further stated that within 15 days the homeowners will make application for the permit. If there are any issues, the homeowners or their representative will contact Mr. Anon, and he will address those issues. Initial Hearing of Code Violation: Case No.: CE-21-036013 & 21-036029 TITONE PROPERTIES, LLC 1753 INDIAN RIVER DRIVE Sec. Illustrative Enumeration Mr. Anon stated that they are taking this case out of order from how it appears on the docket. He stated that this is a Massey hearing. The original hearing occurred on October 19, 2021, and we are not here to discuss that issue. The only thing before the Magistrate today is that the City was forced to go onto the property because it was not abated in time. The City went on the property and is now asking for $1,401.42 which was the cost that the City incurred to clean up the property. The City is willing at this point in time, if the respondent is willing to pay the $1,401.42, to waive the $100.00 administration fee. Otherwise, the City will be asking for that as well. Mark Titone 1025 Tobago Terrace, Vero Beach, FI 32963 identified himself and stated he is willing to pay the $1,401.42. However, he is asking that he have until May 1, 2022 to pay that amount. Mr. Anon stated the City will stipulate to that. If the amount is not paid by May 1, 2022, the City will place a lien on his property. Case No.: CE-21-044331 THOMAS AND EVA WILD 933 ROSE ARBOR DRIVE Sec. 66-3 Illustrative Enumeration Mr. Anon called on Code Enforcement Officer Richard lachini to present his case. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself, his position and length of employment with the City of Sebastian. Officer lachini stated that he had a request to do a five-foot cutback on the property at 933 Rose Arbor Drive. A PAGE 4 notice was sent to the homeowners. Because they live out of the country, they were given 60 days to respond. The address that was used was taken from the Property Appraiser's website. On October 8, 2021, a Notice of Violation was issued for the five-foot cutback on the unimproved property. On October 12, 2021 notice was sent via Certified Mail, Return Receipt Requested, and the property was posted. Photographs were displayed on the screen. To this date, the City has not received any communication from the homeowners. Notice to appear before the Special Magistrate was posted on February 15, 2022. At this time, the City is asking for permission to go on the property and abate it. The City will send the homeowners a bill. He is also asking for administrative fees of $100.00. So ordered by the Magistrate. Case No.: CE-21-031413 MICHAEL & ROULA MALEAS 1509 QUATRAIN LANE Sec. 66-3 Illustrative Enumeration Mr. Anon called on Code Enforcement Officer Richard lachini to present his case. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself, his position and length of employment with the City of Sebastian. Officer lachini stated this is for a five-foot cutback on unimproved property at 1509 Quatrain Lane. On July 24, 2021, Officer lachini issued the Notice of Violation. A letter was sent via Certified Mail, Return Receipt Requested, to the owners on that date. He posted the property on August 5, 2021 and took photographs. There was no response whatsoever. He reinspected the property on December 9, 2021. The property was posted with a letter to appear before the Special Magistrate on January 11, 2022. That hearing was postponed. On February 14, 2022, he reinspected the property and reposted it with a letter to appear before the Special Magistrate. This letter was sent Certified Mail, Return Receipt Requested also. That was for the hearing of March 15, 2022. That hearing was also postponed. On March 18, 2022, he reinspected the property, and it was still in noncompliance. He posted it with a letter to appear before the Special Magistrate on April 19, 2022, and that letter was sent via Certified Mail, Return Receipt Requested. Photos were taken on March 18, 2022, also. Mr. Anon stated that the City is giving the homeowners until April 29, 2022, to cure the violation with $100.00 in administrative fees. The Order will state that, if they are not in compliance, the City will go on the property and abate it. So ordered by the Magistrate. PAGE 5 Case No.: CE-21-027722 DONALD S. & ARLENE H. BAKER 441 FORDHAM STREET Sec. 66-3 Illustrative Enumeration Mr. Anon reviewed that this was a case that was heard before the Special Magistrate on November 23, 2021. The homeowners were given until August 12 to comply. They have failed to comply. The City went on the property and abated it. He is asking for $100.00 in administration fees, and he stated the cost is $151.42, totaling $251.42. So ordered by the Magistrate. III. There being nothing further, the hearing was adjourned by Magistrate Armitage at 4:12 p.m. CITY OF SEBASTIAN, a Florida municipality, Petitioner, v. Chadwick S. Englert & Nicole M. Cotton Respondent(s). CODE ENFORCEMENT I SPECIAL MAGISTRATE FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN THE CODE ENFORCEMENT SPECIAL MAGISTRATE IN AND FOR THE CITY OF SEBASTIAN, FLORIDA Case No. 20-056011 Hearing Date: April 19, 2022 ParcelID#: 31391800003564000013.0 Property Address: 168 Harris Drive. Sebastian. FL 32958 Legal Description: Sebastian Hichlands Unit 16. Blk 564. Lots 13 & 14. PBI 8-45 FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER This case came before the Code Enforcement Special Magistrate of the City of Sebastian, Florida, for a Public Hearing on 4/19/2022, and based on the evidence presented, the Code Enforcement Special Magistrate enters the following: FINDINGS OF FACT The Respondent(s) listed above are the owner(s) of the above described real property. 2. On 12131/2020, an initial inspection of the property was performed by Richard lachini, City of Sebastian Code Enforcement Officer. Said inspection revealed that the Respondent(s) were found to be violating Section 26-81— Required Permits, in violation of the City of Sebastian Code. Respondent(s) were initially issued a Notice of Violation on 0211212021. The aforesaid conditions constituted violation of the Code and were to be corrected within fifteen (15) days up to 02127/2021. Subsequently, on 06/21/2021 the Respondent(s) meet with the Building Official and was also told that they needed a permit. However, as of this date, Respondent(s) failed to comply with the violation so a Notice of Violation/Hearing was posted at the property and/or sent certified return receipt requested on 03/18/2022. 3. The Respondent(s) were properly served with the Notice of Hearing pertaining to the April 19, 2022 Public Hearing before the Code Enforcement Special Magistrate by: Certified Mail, Return Receipt Requested, Posting on the property and posting the Notice of Hearing at the property and City Hall. 4. The Respondent(s) and/or representatives did appear before the Special Magistrate with an attorney at the date specified in order to present testimony, evidence and address the violations alleged. 5. The Code Enforcement Officer(s) and the Building Official of the City of Sebastian appeared and presented competent substantial evidence of the violation, which is made part of the official record of this matter. 6. During the Hearing, the Parties agreed to settle Case Number 20-056011. ORDER 1. The Respondent(s) shall comply with Section 26-81— Required Permits, addition to principle structure without a permit is in violation of the City of Sebastian Code, by: obtaining an after the fact building permit within (15) fifteen business days from the date of this Order. In addition, Respondent(s) will have (180) one FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 2 of 2 hundred and eighty days from the date of this Order, on or before 10/19/2022, to fully complete and close out the permit. 2. If Respondent(s) fails to comply by such date, a subsequent hearing will be held to assess an administrative fee in the amount of 11Ngg representing reasonable costs incurred by the City of Sebastian during its investigation and prosecution of this case if not in compliance by the date set by the Code Enforcement Special Magistrate above. 3. Further, if the Respondent(s) fails to comply with any of the deadlines set forth in this Order above, a subsequent hearing will be held to fine the Respondent(s) in the amount of $100.00 per violation/per day for a first violation to be levied against the property until in compliance, plus any additional costs that are incurred by the City Pursuant to Section 162.09, Florida Statute. 4. Respondent(s) shall notify the Code Enforcement Officer upon completing the above noted violations and dates, and shall allow the Officer reasonable access to the subject property for the purpose of verifying whether the violations have been corrected. The violations) may not be considered corrected unless reasonable access to the subject property is allowed for inspection purposes. 6. This Order may be appealed with the Circuit Court in Indian River County pursuant to Section 162.11, Florida Statutes. Such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record in this matter. An appeal shall be filed within 30 days of the rendition of this Order. DONE AND ORDERED this on April 19, 2022. KELLEY H. ARMITAGE Special Magistrate Case No. 20-056011 Approved for form and legal Sufficiency by the City Attorneys Office for the City of Sebastian 1225 Main Street, Sebastian, Florida