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HomeMy WebLinkAboutMinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JANUARY 23, 2024 The hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. Present: Magistrate Kelley H. Armitage, City Attorney Jennifer Cockcroft, Code Enforcement Officer Curtis Bloomfield, Code Enforcement Officer Richard lachini, Code Enforcement Specialist Naiomi Charles, Records Specialist Debora McGruder, and Janet Graham, Technical Writer City Attorney Cockcroft swore in staff and all persons who would be speaking. I. Call to Order II. Initial Hearing of Code Violations: Case No. CE 23-027306 Terrance Lawrence 808 Louisiana Avenue Sec. 66-3 Illustrative Enumeration (grass) Case No. CE 23-027304 Terrence Lawrence 808 Louisiana Avenue Sec. 66-3 Illustrative Enumeration (Mobile homes, travel trailers, campers, Boats, trailers, and recreational vehicles) Ms. Cockcroft read the docket for Notice of Code Violation. Magistrate Kelley called on anyone present who wished to testify. Seeing none, the Magistrate called on the City's representative to present its case. PAGE 2 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 June 8, 2023 he inspected the property at 808 Louisiana Avenue and found it to be in violation of City Code Section 66-3(11). On June 15, 2023 he was contacted by the owner of said property, at which time the owner requested time to comply and requested an additional two weeks. That time was given to the owner, and Officer Bloomfield went by to inspect the property on July 28, 2023 and found it to still be in violation. The property was posted, and a Notice of Violation was sent to the listed owner via Certified Mail. On August 15, 2023, the Certified Mail was returned unclaimed and unable to forward. The property was then placed in queue to be scheduled for this hearing. He had photos which he showed and offered into evidence. He described each photo and said the photos were taken just this morning. There was also a photo of the notice for this hearing and a notice of violation. They are dated December 20, 2023. The homeowner did initially contact the officer. That was in June of 2023 when he asked for two weeks. He was given a month, and Officer Bloomfield testified that he returned to the property on July 28, and it was still in violation, and it was posted then. Officer Bloomfield stated that staff is recommending, due to the property not being mowed, an order of no time to cure and to enter the property and to abate the violation and lien the costs of such abatement on the property or properties owned by the owner. Officer Bloomfield is also requesting administrative costs in the amount of $250.00 to be liened with the cost of the abatement. Seeing no one present to testify regarding this case, so ordered by the Magistrate. Case No. CE 23-027304 Terrence Lawrence 808 Louisiana Avenue Sec. 54-2-7.13(b)(4) -- Mobile homes, Travel trailers, campers, boats, trailers, and recreational vehicles Ms. Cockcroft read the docket for Notice of Code Violation and called on the City's representative to present its case. Code Enforcement Official for the City of Sebastian, Officer Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield reviewed that on June 8, 2023, he inspected this property and found it to be in violation of City Code 54-2- 7.13(b)(4). Approximately on or about July 15, 2023 he was contacted by the property PAGE 3 owner by phone. The owner requested two weeks to bring the property into compliance. The owner was given more than 30 days to do so. Officer Bloomfield returned to the property on July 28, 2023,and found the property still in violation. At that time the property was posted with notice, and the Notice of Violation was sent to the listed owner via Certified Mail. On August 15, 2023 Certified Mail was returned unclaimed and unable to forward, and the property was placed in queue for the next scheduled administrative hearing, which is today. The property was posted on December 20, 2023 for notice to appear, which is this hearing. There were no subsequent attempts to contact the City. Officer Bloomfield showed photographs of the items on the property which are in violation. Officer Bloomfield stated the property is still in violation, and staff is asking to give the owner 10 days in which to come into compliance or a fine of $25.00 per day be issued on this property. He is also asking for administrative costs in the amount of $250.00 to be placed as a lien against the property. The Magistrate asked, if the owner does not come into compliance, what can be done with the trailer, a photo of which was entered into evidence. Officer Bloomfield said that is why staff is asking for $25.00 a day until the owner does come into compliance. So ordered by the Magistrate. Case No. CE 23-000240 Gregory Conover 826 Floraland Avenue Sec. 66-3 Walls and fences Ms. Cockcroft read the docket for Notice 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 reviewed that on January 3, 2023 he inspected this property and found it to be in violation of City Code 54-2- 7.7(a)(b). The property was posted for this violation on January 5, 2023 with a Notice of Violation which was also sent via Certified Mail to the listed owner. On January 28, 2023 the Certified Mail was returned unclaimed and unable to forward, and the property was placed in queue at that time for the next scheduled magistrate hearing. Officer Bloomfield offered a copy of the posting on January 5, 2023 into evidence. The posting of notice of this hearing today was posted on December 23, 2023. The officer said there has been no attempt to contact him by the homeowner. He showed several photographs of the property and entered them into evidence. PAGE 4 Officer Bloomfield asked for an order giving the homeowner 10 days to remove the dilapidated fence. If at such time he is not in compliance, then Officer Bloomfield asked for an order to enter the property and remove the dilapidated fence because the fence is a hazard. He also asked for administrative costs in the amount of $250.00. Seeing no one present to testify, so ordered by the Magistrate. Case No. 23-000235 Gregory Conover 826 Floraland Avenue Sec. 66-3(1) Illustrative Enumeration (trash and debris) Ms. Cockcroft read the docket for Notice of Code Violation into the record 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 reviewed that on January 33 2023 he inspected this property and found it to be in violation of City Code 66-3(1), debris and junk. On January 5, 2023 the property was posted with a notice of violation, and Certified Mail was sent to the listed owner of record. He showed photographs showing the posting of the notice and the condition of the property and entered them into the record. On January 28, 2023 the Certified Mail was returned unclaimed and unable to forward, and the property was placed in queue for the next scheduled magistrate hearing, which is this one. The property was posted for that hearing on December 20, 2023, and there were no attempts to contact the City. He showed the posting of the notice for this hearing and several photographs of the junk and trash present on the property. He stated that part of the debris removal would be the dilapidated fence. Officer Bloomfield recommended an order giving the owner 10 days to clean up and dispose of all debris and junk from the property, and an order to enter the property to abate the debris and junk if the property is found to be still in noncompliance. In addition, he is requesting to place the cost of such abatement as a lien against the property and any other property owned by the listed owner. He also requested administrative costs in the amount of $250.00 and any future violation of the same ordinance brought before the Special Magistrate would be considered a repeat violation and may be subject to additional fines in accordance with Florida Statute 162. Seeing no one present to testify, so ordered by the Magistrate. Case No. CE 23-046280 Jerry Ooms 690 Layport Drive Sec. 66-3(11) Illustrative Renumeration (grass) PAGE 5 Ms. Cockcroft read the docket for Notice 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 that on October 16, 2023 he inspected this property and found it to be in violation of City Ordinance 66-3(11), high grass and weeds. He also called the Magistrate's attention to an Order, signed by Magistrate Armitage on August 29, 2023. That order was for entering this property and abating it for violation of City Code 66-3(11). Officer Bloomfield stated that he is pointing this out to show that this property is a repeat violator and as such is open to additional fines and fees. On October 16, 2023 the property was found to be in violation. The property was posted with a Notice of Violation and was sent to the listed owner via Certified Mail on October 24, 2023. On December 22, 2023 the Certified Mail was returned unclaimed and unable to forward, and the property was placed in queue for the next scheduled magistrate hearing. The property was posted on December 20, 2023 for notice to appear for this hearing. There have been no attempts to contact the City by the homeowner. Officer Bloomfield showed photographs of the Notice of Violation that was posted at the property as well as photographs of what the property looks like as of this morning. Officer Bloomfield asked for an order for no time to cure, to enter the property and remedy the situation, have the lawn mowed, and to place such costs as a lien against the property. He is also requesting administrative costs in the amount of $250.00 and a fine of $250.00 and any violation of the same ordinance brought before the Magistrate be considered a repeat violation and may be subject to additional fines in accordance with Florida statute 162. Seeing no one here to testify in this case, so ordered by the Magistrate. Case No. CE 23-038264 Steve Lewis 1617 Polynesian Lane Sec 66-3(11) Renumeration (grass) PAGE 6 Ms. Cockcroft read the docket for Notice 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 reviewed that the violation is for a five-foot cutback on the property. On August 25, 2023 a Notice of Violation was issued, and the property was posted on August 28, 2023. No receipt was received from any of the owners. He reminded the Magistrate that this property was cut back two years ago. It was abated because no one responded to it. It seems to follow that the City is not going to get any response. On December 20, 2023 the property was posted with a letter to appear before the Special Magistrate via Certified Mail. Officer lachini presented and showed several photos showing the condition of the property as well as copies of letters that were mailed to the owner, and he asked that they be entered into the record. These photos were taken of the property just this morning. Officer lachini asked for permission to go on the property and abate it immediately, because it is not going to get any better anytime soon. He asked for court costs of $250.00 and the cost of the abatement. Seeing no one present who wished to testify in this case, the Magistrate so ordered. Case No. CE 22-060351 Arnold & Siev Remington 925 George Street Sec. 66-3(11) Illustrative Renumeration (grass) Ms. Cockcroft read the docket for Notice 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 reviewed that the violation is for the cutback ordinance, Section 66-3(11)(b). He testified that on December 5, 2022 the property was posted, Certified Mail was sent, and photos were taken. On December 21, 2023, the property was posted with a letter to appear before the Special Magistrate, and Certified Mail was again sent and photos taken, which the officer offered into evidence. This property was abated previously, and there was no response from the homeowner. There were no attempts from the homeowner to contact the City. Officer lachini said he recalled that he was told by someone that the owners had passed away, but nobody has made an attempt to contact the City. The officer showed pictures of the property as it appeared this morning and offered them into evidence. PAGE 7 Officer lachini is asking for the property to be abated, asked for court costs of $250.00 and the cost of the abatement. Seeing no one present to testify, so ordered by the Magistrate. Case No. CE 23-041133 Douglas Sastram 1006 Landsdowne Drive Sec. 66-3(11) Illustrative Renumeration (grass) Case No. CE 23-041134 Douglas Sastram 1006 Landsdowne Drive Sec. 66-3(1) Illustrative Renumeration (trash and debris) Ms. Cockcroft read the docket for Notice 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 reviewed that the property was posted on September 14, 2023. On September 22, 2023 the property was posted and Certified Mail sent, and photos were taken. On December 21, 2023 he posted the property with a letter to appear before the Special Magistrate. The officer said he had this case about five years ago, and Mr. Sastram promised the officer that he would take care of it. That did not happen. Officer lachini testified that he had spoken to Mr. Sastram previously today, and he promised he was going to take care of it as soon as he gets back on his feet and gets rid of the bandage on his foot. He showed photos of the property as it appeared this morning. The Magistrate asked Mr. Sastram to identify himself and present his testimony. Mr. Douglas Sastram identified himself as the owner of the property at 1006 Landsdowne Drive. He reviewed that he fractured his knee, and he is waiting for clearance from his surgeon to be able to mow the grass. He is using crutches presently. He presented a document showing that his next medical appointment is the following week to have x-rays taken. At this point, he does not know how soon he can get back to maintaining the yard. PAGE 8 There was discussion between the Magistrate and Mr. Sastram and discussion between Mr. Sastram and Officer lachini. Ms. Cockcroft asked for permission to speak to Officer lachini. Permission was granted. (OFF THE RECORD) (BACK ON THE RECORD) Officer lachini asked for permission to give Mr. Sastram 60 days to come into compliance. If he cannot come into compliance at that time, he is asking for permission to enter the property and abate it. The officer explained to Mr. Sastram what needed to be done. Ms. Cockcroft said that anything in violation of that section of the code needs to be abated within 60 days. If not, the City is asking for a $250.00 fine on each case and the cost of abatement to be liened on the property and any other property of the owner. The Magistrate suggested that Ms. Cockcroft put in writing exactly what he needs to do. Ms. Cockcroft said that will be done before Mr. Sastram leaves. The Magistrate called for a date certain for the work to be done. Ms. Cockcroft said it will be March 25, 2024 for the work to be done. Officer lachini will go back to the property on March 25, 2024 for reinspection. At that time, if the property is not in compliance, the City will move forward with the abatement. Mr. Sastram voiced his understanding. III. Adiournment There being no further business, Magistrate Armitage adjourned the meeting at 2:55 p.m. lg