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HomeMy WebLinkAbout09-17-2024 MinutesCITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING SEPTEMBER 17, 2024 The hearing was called to order at 2:02 p.m. by Special Magistrate Kelley H. Armitage Present: Special Magistrate Kelley H. Armitage, City Attorney Jennifer Cockcroft, Code Enforcement Officer Richard Iachini, Code Enforcement Officer Curtis Bloomfield, Code Enforcement Records Specialist Naiomi Charles, and Janet Graham, Technical Writer Code Enforcement Records Specialist Naiomi Charles swore in staff and all other persons who would be speaking. City Attorney Jennifer Cockcroft read each of the cases onto the record before each case. I. Call To Order Initial Hearing of Code Violation A. JOSEPH & CHRISTINE LAHOUT 950 Starflower Avenue Sec. 66-3(11) Illustrative Enumeration (Grass) Case No. CE 24-023206 Richard Iachini, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. Officer Iachini said this case is for overgrown grass and weeds. He stated that on June 29 he wrote up the property and issued a Notice of Violation, giving the homeowner five days to comply. Officer Iachini explained that the person who lived at the house is deceased, and he inherited the house from his parents, who are both deceased. Officer Iachini did not know that at the time, so he gave the homeowner five days to comply, hoping someone would take care of it. They did not. On July 9, 2024, he reinspected the property. The homeowner had not complied regarding the violation. The owner received notice by Certified Mail. The proof of the Certified Mail notice and the letters regarding this matter were shown on the monitor. The violation was still not taken care of, so the property was scheduled to come before the Magistrate today for permission to go into the property and abate it with no time to cure. He showed photographs of the condition of the property immediately prior to this hearing. Officer Iachini stated that no one is living at the property. He said that there are some large holes in the roof at the rear of the house, and he showed photographs of these holes. He also showed photographs of the postings of the property and the condition of the property. He is asking for permission for the City to go in and abate the property, no time to cure since it has not been touched. He is also asking for $250.00 for administrative costs. PAGE 2 There being no one else present who wished to speak, so ordered by the Magistrate. B. EVA BRESSMAN 209 Del Monte Road Sec. 66-3(3) Illustrative Enumeration (Grass) Case No. CE 24-025461 Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City. He stated that on July 15, 2024, he inspected the property and found it to be in violation of City Code 66.3(11), high grass and weeds exceeding 10 inches. On July 16, 2024, the property was posted, and the Notice of Violation was sent to the listed owner via Certified Mail. On July 25, the Certified Mail was signed for, and the property was placed in queue for the next scheduled hearing, which is this one, because the owner did not comply. He displayed photographs on the screen showing the condition of the property, and he described each photo. The Certified Mail was actually signed for on July 25, 2024 by the owner. On August 15th, a Notice to Appear was posted at the property, and it was also sent Certified Mail to the owner of record. That Certified Mail for this hearing was returned unclaimed on September 10th. Officer Bloomfield stated that staff recommends an Order of no time to cure and to allow the City to enter and abate the property in addition to placing the cost of such abatement as a lien against the property and any other property owned by the listed owner, administrative costs in the amount of $250.00, and any future violation of the same Ordinance brought before the Special Magistrate be considered a repeat a violation and may be subject to additional fines in accordance with Florida Statute 162. There being no one present to testify on this case, so ordered by the Magistrate. Sec. 66-3(3) Illustrative Enumeration (Dilapidated Structure) Case No. CE 24-025488 Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City. He stated that on July 15, 2024, he inspected the property and found it to be in violation of City Code 66-3(3), which is building and structures in dilapidated condition. The property was posted on July 16, 2024, and a Notice of Violation was sent to the listed owner via Certified Mail. On July 25, 2024, the Certified Mail was signed for by the owner, and the property was placed in queue for the next scheduled hearing, which is this hearing, because the owner did not comply. On August 15, 2024, the Notice to Appear was posted at the property and also sent via Certified Mail to the listed owner of record. The Certified Mail was returned unclaimed on September 10, 2024. Photos were placed on the screen depicting the appearance of the property, the notices that were posted, and the Certified Mail receipts. Officer Bloomfield stated that there were also complaints from the adjacent property owners about this property. Officer Bloomfield stated that staff recommends an Order giving the owner 10 days to obtain a building permit and repair the building. If the owner has not complied within the time specified, then a daily fine of $25.00 per day should be imposed until the owner complies with the Order. In addition, staff is seeking administrative costs in the amount of $250.00 and asks that such costs be placed as a lien against the property or any other property owned by the listed owner of record. Any future PAGE 3 violation of the same ordinance brought before the Special Magistrate will be considered a repeat violation and may be subject to additional fines in accordance with Florida Statute 162. There being no one present to testify at this hearing, so ordered by the Magistrate. Sec. 66-3(2) Illustrative Enumeration (Harborage) Case No. CE 24-025489 Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. On July 15, 2024, Officer Bloomfield inspected the property and found it to be in violation of City Code 66-3(2) which says “Any condition providing harborage of rats, snakes, etc…” The building is not secured. On July 16, 2024, the property was posted, and a Notice of Violation was sent to the listed owner via Certified Mail. On July 25, 2024, Certified Mail was signed for, the property was placed in queue for the next scheduled hearing, which is this hearing, because the owner did not comply. On August 15, 2024, a Notice to Appear was posted at the property and also sent via Certified Mail to the listed owner of record. The Certified Mail was returned unclaimed on September 10, 2024. Several photos were placed on the screen showing the condition of the property, the postngs that were placed, and the Certified Mail receipts. Staff recommends an Order of no time to cure and to allow the City to enter and abate the property, which means the property has to be secured. In addition, staff is recommending placing the costs of such abatement as a lien against the property and any other property owned by the listed owner. Administrative costs in the amount of $250.00 and any future violation of the same Ordinance brought before the Special Magistrate will be considered a repeat violation and may be subject to additional fines in accordance with Florida Statute 162. There being no one present who wished to testify, so ordered by the Magistrate. C. EVA & CLAUDE WRIGHT 481 Layport Drive Sec. 66-3(11) Illustrative Enumeration (Debris) Case No. CE 24-031851 Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. On August 26, 2024, Officer Bloomfield inspected the property, found it to be in violation of City Code 66-3(1) which is a trash and debris, liter and junk accumulation. On September 9, 2024, the property was posted, and a Notice to Appear was sent to the listed owners via Certified Mail. We did not give this owner 15 days or anytime to cure because this owner is a repeat violator. He was adjudicated at one of the previous Magistrate hearings. By statute, the City did not need to give the owners any additional time. So, the owners were immediately scheduled to appear here. On September 14, 2024, the Post Office attempted delivery; the owner has not signed for the certified letter. On September 26, 2024, Officer Bloomfield stopped and spoke with the owner, who was home at that time. He reminded the owner that he has already been found to be a repeat violator of the same Ordinance, and Officer Bloomfield’s job is not to keep reminding him to keep his property in order. He should know this, as he has been here for hearings in the past. Several photos were placed on the screen depicting the condition of the property, the postings which were placed on the property, and a copy of the previous order signed by Magistrate Armitage. Staff recommends an Order of no time to cure and to allow the City to enter and abate the property, to place the cost of such abatement as a lien against the property and any other property owned by the listed owners, as well as administrative costs in the amount of $250.00 and a fine of $250.00 since he was already found PAGE 4 to be a repeat violator. Any future violation of the same Ordinance brought before the Special Magistrate will be considered a repeat violation and may be subject to additional fines in accordance with Florida Statute 162. There being no one present to testify on this case, so ordered by the Magistrate. City Attorney Cockcroft updated the Court on two matters that are pending. One went before City Council on a variance request, which was denied. So that will be brought back before the Magistrate on a Massey Hearing conclusion. Ms. Cockcroft said the other matter is pending litigation. As soon as there is a resolution on that, it will or will not be brought back. That is the US Highway 1 matter. The hearing ended at 2:33 p.m. jg