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HomeMy WebLinkAbout03-19-2024 MinutesCITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MARCH 19, 2024 The hearing was called to order at 2:05 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 Records Specialist Naiomi Charles, and Janet Graham, Technical Writer Code Enforcement Records Specialist Naiomi Charles swore in staff and all persons who would be speaking. I. Call to Order It. Initial Hearinq of Code Violations: GREGORY CARNEY AND LARRY TIMMERMAN 1311 WHITMORE STREET Sec. 18-29 Keeping of Fowl Case No. CE 23-046277 Sec. 67-1 Noises; unnecessary and excessive prohibited Case No. Ce 23-046279 Ms. Cockcroft read the docket for Notice of Code Violation. Magistrate Armitage called on anyone present who wished to testify. Ms. Cockcroft called on Officer Richard lachini to present his case, and she asked that his documents be entered into the case evidence. Officer Richard lachini identified himself and his position with the City of Sebastian. This case is for 1311 Whitmore Street. The violation was having more than two fowl. Due process was reviewed, and the process of abatement, postings, and photos. He just spoke with the owners, and an agreement was worked out that they will have 15 days for the premises to be clean, quiet, and down to two chickens. He explained to the homeowners that, if he has to come before the Magistrate again, the next time a daily fine will be enforced. If he gets more complaints, he will go straight to a Magistrate hearing. The daily fine will be anywhere from $50.00 to $100.00 a day. Magistrate Armitage asked what precise date is 15 days from today. Ms. Cockcroft stated it will be April 3, 2024. The homeowners acknowledged that they must abide by the 17[ei�a agreement. Officer lachini emphasized that the chicken pens have to be clean. They have to remove the noise problem that is present, which is a rooster. They can only have two chickens. Magistrate Armitage called on the homeowners to state their names, their address, and that they agree to what was stated by Officer lachini. Gregory Carney and Larry Timmerman, 1311 Whitmore Street, Sebastian, FL 32958 identified themselves and both agreed to the conditions as stated above. So ordered by the Magistrate. 3. Compliance Hearings (Massey) TERRANCE LAWRENCE 808 LOUISIANE AVENUE Sec. 54-2-7.13 Parking and storage of recreational vehicles Case No. CE 23-027304 Ms. Cockcroft read the docket for notice of code violation. Magistrate Armitage called on anyone present who wished to testify. Ms. Cockcroft called on Officer Curtis Bloomfield to present his case, and she asked that all his documents be entered into the case evidence. Officer Curtis Bloomfield identified himself and his position with the City of Sebastian. He stated that this case was brought before the Magistrate at the last hearing during which the Magistrate found the owner to be not in compliance with the City Code 54-2- 7.13(b)(4). The owner at that time was given 10 days per the Order to bring the property into compliance. This was for a travel trailer that was parked forward of the building line. The owner did not comply with that Order. He stated that he is here today to either have the owner pay the accumulated fine or lien the property. The total includes 16 days at $25.00 per day which comes out to approximately $400.00, plus the administrative costs that were assessed at $250.00, and the recording of lien release would be $10.00 if the property is liened. This is a total of $660.00. Officer Bloomfield stated the property is in compliance presently. Terrance Lawrence, 808 Louisiana Avenue, Sebastian, Florida 32958 stated the reasons he had not been in compliance with the Order was because he was not aware of this situation until he came down to Florida from Pennsylvania roughly six weeks ago. He PAGE 3 saw two notices on his door. He met Officer Bloomfield at the property, and the officer explained the situation. Mr. Lawrence explained that he never received the notices at his address in Pennsylvania, whereas he had received the notices in the past. Officer Bloomfield stated that his office used the Indian River County's Property Appraiser's website that stores all information for properties in the county. On Mr. Lawrence's property sheet it shows his address where he receives mail as 808 Louisiana Avenue. He stated that he has no other address for the owner. There was extended discussion among Officer Bloomfield, Magistrate Armitage, City Attorney Cockcroft, and Mr. Lawrence as to how Mr. Lawrence should have notified either the Property Appraiser's Office or the Sebastian Post Office what address should be used for any notices, etc. Mr. Lawrence stated that he had received these notices in the past at his Pennsylvania address. Magistrate Armitage suggested that the notice to forward Mr. Lawrence's mail to the Pennsylvania address may have expired, and he would need to renew that notice at the Post Office. Ms. Cockcroft stated that Mr. Lawrence's address is the same with the Tax Collector's Office and the Property Appraiser's Office. Officer Bllomfield is asking for the Magistrate to adjudicate the amount stated above, and he is going to give the owner 15 days to pay it, or his property is going to be liened. So ordered by the Magistrate. III. Adjournment There being no further business, Magistrate Armitage adjourned the meeting at 2:25 p.m. A