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HomeMy WebLinkAboutMay 20, 2025 MinutesCITY OF SEBASTIAN SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MAY 20, 2025 MINUTES I.Call to order The hearing was called to order at 2:10 p.m. by Special Magistrate Robyn W. Hattaway. Present:Special Magistrate Robyn W. Hattaway City Attorney Jennifer Cockcroft Code Enforcement Officer Richard Iachini Code Enforcement Officer Curtis Bloomfield Code Enforcement Records Specialist Naiomi Charles AV Technical Assistant Joseph Perez Recording Secretary Bridget Eakins Code Enforcement Records Specialist Naiomi Charles swore in staff and all persons who would be speaking. II.Initial Hearing of Code Violations JERRY OOMS AND THOMAS BARNES 690 LAYPORT DRIVE Sec. 66-3 Illustrative Enumeration (Grass) Case No. CE 25-015699 City Attorney Cockcroft read the item into the record. Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. On April 17th 2025, he visited the property, inspected the property, and found it to be in violation of City Code 66-3.11, which is high grass and weeds. Officer Bloomfield presented photos which were shown on the screen, labeled Exhibit 2, which were copies of the door hanger that was left on the above date. He returned to the property on April 18th 2025 and posted the property with a copy of the Notice of Hearing which was also sent to the home owners via certified mail. Officer Bloomfield presented Exhibit 3 the certified mail, and he said this was mailed and left at the door. He detailed the mail receipt was stamped on April 24th, 2025 as received by Code Enforcement and was signed by the owner on April 21st, 2025. Officer Bloomfield presented Exhibit 4 which reflected previous the magistrate order dated October 15, 2024, which is when the property owners were found in violation of the same ordinance and the reason the property is deemed a repeat violator. Photographs showing the high grass were shown on the screen by Officer Bloomfield and identified as Exhibit 2. Photographs displayed were taken on April 18th, 2025 and this morning, May 20th, 2025. Officer Bloomfield then presented a copy of the Notice of Hearing for this hearing as Exhibit 3. Curtis Bloomfield recommends an order of no time Special Magistrate Code Enforcement Hearing May 20, 2025 Page 2 to cure and to allow the City and its agents to enter and abate the property, in addition to place the costs of such abatement as a lien against the property and any other property owned by the listed owners as well as administrative costs of $250.00, and a fine of $500.00 for the repeat violation, 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. City Attorney Cockcroft asked Officer Bloomfield when was the most recent time he visited the property. Officer Bloomfield replied this morning at approximately 11 A.M. City Attorney Cockcroft then asked the condition of the property. Officer Bloomfield answered it was in violation of 66-3.11, high grass. City Attorney Cockcroft then asked for the date were the photos taken. Officer Bloomfield replied the first set of photos reflected when the property was posted on April 18th, 2025, and the other set of photos reflect when he visited the property this morning. City Attorney Cockcroft asked if they are a fair and accurate depiction of the location. Officer Bloomfield answered yes. The Magistrate stated the city’s motion to enter the above into evidence was accepted with no objection, and there was no further testimony. The Magistrate restated the facts presented by Officer Bloomfield and evidence presented in this case, then entered the order. The Magistrate is holding the respondent in violation, they have been given notice and opportunity. The respondent shall bring the property into compliance with this order on or before today’s date. The respondent is ordered to pay an administrative fee in the amount of $250.00 presenting the reasonable costs incurred by the City of Sebastian during the investigation and prosecution of this case, and a fine of $500.00 for the repeat violation. The city is hereby authorized pursuant to Section 162.08 by the Florida Statue to take whatever steps are necessary to bring the violation into compliance. The cost of which will be charged to the respondent, and if not paid by the respondent, then a lien may be imposed against the subject property upon any other real or personal property owned by the respondent. The city may pursue any other remedies allowed by law. The respondent shall allow the officer reasonable access to the subject property for the purpose of rectifying the existing violations. This order may be appealed within the circuit court of Indian River County, pursuant to section 162.11 Florida Statute. This 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. Any future violations shall be considered repeat violations pursuant to Florida Statutes Chapter 162 and will be subject to additional fines. Hearing closed at 2:21 p.m.