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HomeMy WebLinkAboutSpecial Magistrate 07-15-2025 Minutes CITY OF SEBASTIAN SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JULY 15, 2025 MINUTES I. Call to order The hearing was called to order at 2:00 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 Code Enforcement Specialist Joann Patterson Recording Secretary Jeanette Williams The City Attorney said Case No. CE 25-013880 did come into compliance and will be removed from the docket. II. Initial Hearing of Code Violations JERRY OOMS AND THOMAS BARNES 690 LAYPORT DRIVE Sec. 66-3(11) Illustrative Enumeration (Grass) Case No. CE 25-026937 City Attorney Cockcroft read the item into the record. Code Enforcement Records Specialist Naiomi Charles swore in staff and all persons who would be speaking. Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. On June 23, 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. He left a door hangar and went back on June 24 and posted the property with a copy of the Notice of Hearing, as opposed to violation letter, because the property was previously adjudicated a repeat violator. He displayed Exhibit 4, dated May 20, 2025, indicating the previous violation. He displayed Exhibit 3, a copy of the letter posted at the property and the mailed certified return receipt (unsigned by the property owner); photos taken June 24, 2025 and photos taken this morning at 10:30 a.m. Officer Bloomfield recommended an order of no time 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 Special Magistrate Code Enforcement Hearing July 15, 2025 Page 2 administrative costs of $250.00, and a fine of $500.00 for the repeat violation, and any future violation of the same ordinance shall be brought before the Special Magistrate and be considered a repeat violation and may be subject to additional fines in accordance with Florida Statute 162. The Magistrate accepted all of the documents into evidence. The respondent was not present nor was any evidence presented on their behalf. The Magistrate restated the facts and evidence presented by Officer Bloomfield in this case and entered the order: The Magistrate is holding the respondent in violation for which they have been given notice and opportunity. The respondent shall bring the property into compliance with this order on or before today’s date July 15, 2025. 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 and 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. Done and ordered July 15, 2025. As previously noted, this property owner came into compliance and was removed from the docket. RICHARD SMITH 1597 QUIESCENT LANE Sec. 66-3(1) Illustrative Enumeration (Trash and Debris) Case No. CE 25-013880 The hearing was adjourned 2:12 p.m.