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HomeMy WebLinkAbout08-29-2023 MinutesCITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING AUGUST 29, 2023 The Hearing was called to order at 2:07 p.m. by Special Magistrate Kelley H. Armitage. Present: Special Magistrate Kelley H. Armitage, City Attorney Jennifer Cockcroft, Margarita Macias, Executive Assistant to City Manager, Code Enforcement Officer Curtis Bloomfield, Administrative Assistant Debora McGruder, Nicholas Ladyman, Help Desk Technician, Joseph Perez, AV Technical Assistant, and Janet Graham, Technical Writer I. Call to Order Magistrate Armitage called the hearing to order at 2:07 p.m. Ms. McGruder swore in staff and all other persons who would be speaking. Initial Hearing of Code Violations: Case No. Case No. CE 23-023237 Case No. CE-23-023246 Case No. CE-23-023241 Eva and Claude Wright 481 Layport Drive Violation of Section 66-3 Illustrative Enumeration — Accumulation of trash, debris, litter, and junk Section 66-3.12(a)(b) -- Maintaining of junk and trash Section 54-2-7.13(b)(4) -- Mobile homes, travel trailers Enforcement Official for the City of Sebastian, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield reviewed that on May 16, 2023, he went to the property at 481 Layport Drive based on a complaint and found the owner to be in violation of Sebastian Code 66-3, accumulation of trash, debris, litter, and junk. He cited the owner and showed photos on the screen which showed the posting of the notice and several photographs of the trash, debris, litter, and junk. These photos relate to Case No. CE-23-023237. Officer Bloomfield stated he tried to contact the owner, and no one answered the door. He has been to the property several times. PAGE 2 Claude Wright testified that the boat, car, and everything has been moved off the property. He stated that there are several other properties which have violations in the same neighborhood. He asked why he is being singled out. He stated that he is somewhat disabled and requires help in moving some of the items. The vehicles that have been moved will not be back unless they are registered. He also stated that he plans to erect a fence in the future. Magistrate Armitage inquired of Officer Bloomfield what the state of the property is as of today. Officer Bloomfield stated he went to the property yesterday and looked at the property, and it looked pretty much the same to him. He added that the reason this property owner was cited is because a neighbor lodged a complaint. City Attorney Cockcroft stated that, based on the testimony of Officer Bloomfield, the property still is in noncompliance as of today. The City would ask for $100.00 administrative fee and $25.00 a day fine until it is cleaned up. Magistrate Armitage asked, if Mr. Wright installs a fence, would that change the officer's opinion. Officer Bloomfield stated that the case today is for him to bring the property into compliance. If at some future date he gets a fence, that is a whole different matter. That will not affect the case today. He further stated that Mr. Wright will need a permit for the fence, and he would only be permitted to have two recreational vehicles. Officer Bloomfield stated the City will give Mr. Wright 10 days in which to fully comply, and after that it will be $25.00 a day plus $100.00 administrative fee. That is for all the violations on this property. Magistrate Armitage said that Mr. Wright will have 30 days to pay the $100.00 fee. Officer Bloomfield said he will meet Mr. Wright at the property. He will go over what needs to be done to make sure everyone is on the same page. Ms. Cockcroft wanted to clarify that, if the homeowner does not come into compliance on the recommendation on the fine, if it should start accruing, it will be $25.00 a day for all three cases, not $25.00 for each case per day. Officer Bloomfield agreed. There being no one else wishing to testify, the fine was ordered by the Magistrate as requested. Case No. CE 23-028334 Kevin Wheeler 862 Barber Street Violation of Section 66-3(11 ) Illustrative Enumeration -- PAGE 3 Grass and weeds exceeding 10 inches. Overgrown weeds and junk and trash Code Enforcement Official Curtis Bloomfield identified himself and his position with the City of Sebastian. He stated that there was a complaint lodged by an adjacent property owner for the property at 862 Barber Street. He visited the property on June 13, 2023, and found that it was in violation of the City Code for high grass and weeds. Officer Bloomfield cited the owner and showed photographs on the screen of the grass and weeds as well as the posting of the property. He stated the homeowner was notified. The property was posted on July 25, 2023. He stated that he was out to the property this morning, and it had not been mowed. He is requesting an order to enter the property and have it abated. He is asking for no time to cure because the homeowner at this point has not done anything to cure it. The City needs to have this property come into compliance. He is asking for $100.00 administrative fee. The City Attorney asked for an order to abate and assess the costs plus the administrative fee. There being no one else wishing to testify, the fine and order to abate all violations was ordered by the Magistrate as requested. Case No. CE-22-040485 CE-22-040486 Helen Clark 679 Ellingsen Avenue Violation of Section 66-3(1) Illustrative Enumeration Violation of Section 66-3(1) Illustrative Enumeration Accumulation of trash and debris. Enforcement Official for the City of Sebastian, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield stated that he received a complaint and went to the property on October 6, 2022 and September 24, 2022. On October 6, 2022, he found the property to be in violation of City Code 66-3(11), which is for high grass and debris. He cited the property and displayed the citation and several photographs of the condition of the property. The posting for this hearing was done on July 26, 2023. The property is still not in compliance. The second violation was for 66- 3(11), which is junk, debris, trash, litter. Magistrate Armitage asked Officer Bloomfield PAGE 4 if he had talked to the homeowner. Officer Bloomfield stated he did talk to the owner, several times. She promised to clean it up and never did. She promised several times, and she has not done anything. She adds more items, actually. Officer Bloomfield said the City is asking for a $100.00 administrative fee and added that he went to the property this morning, and the property was in the same condition. The Magistrate asked if Officer Bloomfield agreed with the City Attorney about only abating the grass. Officer Bloomfield paused and said no and was interrupted by a side bar with the City Manager and City Attorney. The City Attorney then said we will abate both, and she asked for no time to cure. The City Attorney opined that the overgrowth should be abated. She would impose a daily fine for the junk and trash. She asked for an order to enter and abate, and then asked for an order to assess and impose a lien for the costs. The City Attorney then requested an order to enter and abate all violations. There being no one else wishing to testify, the fine and order to enter and abate all violations was ordered by the Magistrate as requested. Case No. 22-016904 Case No. 22-016905 Case No. 22-016906 Mary Wright Baer c/o Patrick Baer (PR) 217 South Wimbrow Drive Violation of Section 66-3(1) Illustrative Remuneration Section 66-3(1) Illustrative Remuneration Case No. CE-22-016904 Section 54-2-7.15(d)(3) Land excavation of swale Case No. CE-22-016905 Section 66-3(12((a)(b) Overgrowth, junk, and trash Case No. CE 22-016906 The City Attorney stated the dates of violation are April 26, 2022 on all three. Magistrate Armitage asked who Patrick Baer is. Ms. Cockcroft stated the owner is deceased, and Patrick Baer is the Personal Representative for the estate. Officer Bloomfield identified himself and his position with the City of Sebastian. He stated that both Ms. Baer and Patrick Baer are deceased, and the property is vacant. This was initiated by a complaint by adjacent property owners. He went to the property on April 26 and found the following conditions, this being for Case No. 22-016905. This is for blockage of the swale. He displayed photographs on the monitor showing the posting of the notice as well as several photos of the property showing the blockage of the swale and the junk and debris. The property was posted on May 3, 2023. Officer Bloomfield stated that the condition of the swale needs to be addressed first. Magistrate Armitage asked if this is one of the areas where City redid the swale. Officer Bloomfield said yes, he thinks it is. Magistrate Armitage asked if Mr. Baer is still alive. Officer Bloomfield said Mr. Baer is PAGE 5 also deceased. Officer Bloomfield stated the City is asking for an order to enter the property and abate it —get the grass mowed, have the vehicle towed, and have the swale cleared. He further stated that the City would use a contractor to unblock the swale. Officer Bloomfield is asking for an administrative fee of $100.00 on each case and no time to cure with an order to abate the property, and the City would lien the property for the cost of abatement. There being no one else wishing to testify, the fine and order to enter and abate all violations was ordered by the Magistrate as requested. Case No. 22-026560 Jerry Ooms 690 Layport Drive Section 66-3(11) Illustrative Remuneration Case No. 22-026560 Overgrowth of weeds and grass The City Attorney stated the date of violation is June 27, 2022. Officer Bloomfield identified himself and his position with the City of Sebastian. He received a complaint on June 27, 2022. He went to the property. He stated the owner lives in this property and he did make contact with the owner. He went to the property several times, and the owners just will not mow. He spoke with the owners yesterday, and they wanted to be removed from the docket but not with compliance. They said they had complied. He went to the property and found that they have not complied. The grass height is almost to his shoulder. He displayed several photographs showing the posting of the property and the condition of the property. The posting was in March of 2023. He has been trying to work with the homeowners, but they were not complying. He also displayed the posting for this hearing which was July 26, 2023. He displayed more photographs showing what it looks like recently. Officer Bloomfield is asking for an order to enter the property, have it abated with no time to cure, and an order for $100.00 administrative fee, and having the property liened for all costs. There being no one else wishing to testify, the fine and order to enter and abate all violations was ordered by the Magistrate as requested. The hearing ended at 2:45 p.m. j9