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HomeMy WebLinkAboutSpecial Magistrate 08-19-2025 MinutesCITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING AUGUST 19, 2025 The hearing was called to order at 2:00 p.m. by Special Magistrate, Robyn Hattaway. Present: Special Magistrate Robyn Hattaway, City Attorney Jennifer Cockcroft, Code Enforcement Officer Curtis Bloomfield. Code Enforcement Officer Richard Iachini, Code Enforcement Records Specialist Naiomi Charles, and Janet Graham, Technical Writer I. Call To Order II. Initial Hearing of Code Violation Dennis and Sharon Turner 901 Bermuda Avenue A. Sec. 66-3(11) Illustrative Enumeration (High Grass and Weeds) Case No.: CE 25—020420 Ms. Cockcroft read the item into the record and asked that all of Code Enforcement Officer Curtis Bloomfield’s exhibits be entered into evidence upon presentation. Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. Officer Bloomfield stated that on May 16th, 2025 he inspected the property at 901 Bermuda Avenue and found it to be in violation of City Code 66-3(11), high grass and weeds. He stated that a door hanger was left which is indicated in the photo above as Exhibit 2. On June 5th, the property was posted with a Notice of Violation giving the owners 15 days in which to comply. It was sent by Certified Mail to the listed owners of record. On June 25th, the Certified Mail was returned saying “Unable to forward.” He added that both owners are deceased. He mounted a copy of the notice that was posted on the door for the violation. He also mounted additional photos of the property on the projector showing what the property looks like presently. The owners did not comply, so on July 17th a Notice to Appear for this hearing was posted at the property as indicated in Exhibit 3. That was also sent Certified Mail to the owners listed. The Certified Mail was returned as Unable to Forward, as both owners are deceased. He showed a copy of the posting at the door for this hearing. He mounted photographs of what the property looked like this morning at approximately 10:00 a.m. Officer Bloomfield recommends an Order of no time to cure and to allow the City and/or its agents to enter and abate the property. In addition, to place the cost of such abatement as a lien against the property and any other property owned by the listed owners. He Page 2 recommends placing a lien for 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. Ms. Cockcroft asked Officer Bloomfield how he has knowledge that the owners of this property are deceased. Officer Bloomfield said it is written on the mailing from the post office. In addition, he knows the previous owners, and he knows they are deceased. It is in the City’s records that the owners are deceased. He stated that his understanding is that the property has a reverse mortgage, and he was not able to ascertain that information, not able to make contact with anyone Ms. Cockcroft said the City may have to get in there to see beyond the grass might need to be abated. Officer Bloomfield stated that, once we get it mowed and weed whacked , they can see what is in there that might need to be abated. Magistrate Hattaway stated that she will receive the evidence presented by Officer Bloomfield. She asked if anyone else wished to speak on this case and property at 901 Bermuda Avenue. Seeing none, Magistrate Hattaway read into the record the Findings of Fact, the Conclusions of Law, and Special Magistrate Order or Lien (SEE ATTACHED). There being no one else present to testify in this case, so ordered by the Magistrate on August 19, 2025. B. LILY AND CHARLES McCOMBS 156 Day Drive Ms. Cockcroft read the item into the record and asked that all of Code Enforcement Officer Richard Iachini’s exhibits be entered into evidence upon presentation. Sec. 66-3(11) Illustrative Enumeration Case No. CE 25-024552 High Grass and Weeds Richard Iachini, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. Officer Iachini stated that on June 9, 2025 he issued a Notice of Violation for high grass and weeds, Section 66-3(11). Because the house is abandoned, a notice via Certified Mail was sent to the owner of record. He showed a photograph on the screen which showed the initial violation. On June 12 he reinspected the property and found it noncompliant. The property was posted for Page 3 abatement and notice was sent via Certified Mail, Return Receipt Requested, to the owner of record who Officer Iachini believes is deceased. The notice was sent to the wrong address, and the notice was resent. A copy of the notice showing the posting on the property was displayed on the screen. He also showed several other photos of the yard with the high grass and weeds. On July 17th, 2025 a notice was posted for this hearing, which was shown on the screen. This notice was also sent via Certified Mail to the owner of record, which was also returned for the same reason. He took more photos of the property this morning, and the property appears in the same condition. He requests zero time to send someone in to abate the property and bill the owner of record the costs for the abatement and also the court costs of $250.00. Magistrate Hattaway stated that she will receive the evidence presented by Officer Iachini. She asked if anyone else wished to speak on this case and property at 156 Day Drive. Wayne Bushnell, the neighbor at 158 Day Drive. Mr. Bushnell reviewed that he knew the owners of 156 Day Drive well. He gave the history of that property since the death of the owners. He stated that there had been people coming and cutting the grass sporadically, and all of a sudden that stopped. He stated that the property is an eyesore, and he has seen rats. Sometime ago he noted water coming out of the house. He had the water department come out and shut the water off. He opined there has been no electric and no water in that house for a minimum of five years. He stated there have been rats in his attic, and he has had to have rat control come and remedy that situation. He is requesting that the problems at the property at 156 Day Drive be resolved as soon as possible. Magistrate Hattaway said that today she is going to g ive the City the authority to get the property cleaned up and start beginning the procedure to solve this situation. Fines and liens will be assessed, and the bank which is holding a note will begin to see that action. Ms. Cockcroft stated she did look the property up, and she did not see a foreclosure or an estate filed. She did see the decedents’ obituaries for 2007 and 2023. She stated the City will start the process, and then Code Enforcement will continue what they have been doing to try to remedy the property. There being no further testimony, so ordered by the Magistrate on August 19, 2025 C. SUSAN MAGEE 438 Watercrest Street Sec. 66-3(11) Illustrative Enumeration Case No. CE 25-021853 High Grass and Weeds Ms. Cockcroft read the item into the record and asked that all of Code Enforcement Officer Curtis Bloomfield’s exhibits be entered into evidence upon presentation. Page 4 Officer Richard Iachini identified himself and his position with the City of Sebastian. He stated this case is for 438 Watercrest Street. He testified that on May 24, 2025, the property was written up for high grass and weeds. On June 5, 2025, the property was reinspected and it was found to not be in compliance. It was posted with a letter sent via Certified Mail, Return Receipt Requested, and photos were taken. Officer Iachini showed several photographs on the screen showing the postings and condition of the property. The notice was returned as undeliverable. On July 17th the property was posted with a letter to appear before the court today. It was sent Certified Mail, Return Receipt Requested. He mounted a copy of the notice on the screen showing that the letter was returned as undeliverable. He visited the property this morning and took pictures, and the property is still not in compliance. He is asking the court for no time to cure and to allow the City to abate the property and clean it up and bill the owner the court costs of $250.00 and whatever the cost of the abatement may be. Magistrate Hattaway accepted into evidence the testimony and exhibits of Officer Iachini on behalf of the City of Sebastian. Magistrate Hattaway called for anyone else who wished to testify in this matter. There being none, Magistrate Hattaway read the into the record the Findings of Fact, Conclusions of Law, and Special Magistrate Order. So ordered by the Special Magistrate on August 19, 2025 jg