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HomeMy WebLinkAboutMinutes 01-20-2026CITY OF SEBASTIAN MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING JANUARY 20, 2026 The hearing was called to order at 2:00 p.m. by Special Magistrate Robyn Hattaway I. Call to order Present: Special Magistrate Robyn Hattaway, Acting City Attorney James Stokes (Zoom), Code Enforcement Officer Curtis Bloomfield, Code Enforcement Officer Richard Iachini, Code Enforcement Records Specialist Joann Patterson, Naoimi Charles, and Janet Graham, Technical Writer II. Initial Hearing of Code Violations Code Enforcement Records Specialist Joann Patterson swore in staff and all persons who would be speaking. MICHAEL DEVITO 543 Benedictine Terrace Sec. 54-2-7.15(d)(3) Land Excavation or Fill (Swale) Case No.: CE 25-048020 Code Enforcement Officer Richard Iachini identified himself and his position with the City of Sebastian. He stated that this case is regarding 543 Benedictine Terrace. The violation is for a driveway pipe that is in bad shape and needs to be replaced. He testified that on November 17th he issued a Notice of Violation, and the City sent a certified letter to the owner of record. On November 20th the property was posted, and a letter was sent to the owner of record. On December 18th he posted the property again and another letter was sent to the owner to appear before the Special Magistrate. He placed photos on the monitor and identified each one. He stated the letter was sent back as undeliverable by the Post Office. The photo of the pipe in question was shown to be perforated throughout the pipe, and he opined that the driveway may collapse because of the condition of the pipe. He had the Stormwater Department go out and examine the pipe, and they verified that the pipe needed to be replaced. On November 20th the property was posted, and a letter was sent to the owner of record. On December 18th he posted the property again and another letter was sent to the owner to appear before the Special Magistrate. He placed photos on the monitor and identified each one. He stated the letter was sent back as undeliverable by the Post Office. The photo of the pipe in question was shown to be perforated throughout the pipe, and he opined that the driveway may collapse because of the condition of the pipe. He had the Stormwater Department go out and examine the pipe, and they verified that it is broken and needs to be replaced. He also showed on the screen a copy of the letter that was dated December 18th, 2025, that was posted on the house and was sent to the owner to come before the Special Magistrate on this date. PAGE 2 Officer Iachini is asking for the Magistrate to find in the City’s favor and that the driveway pipe needs to be replaced. If the owner does not respond and get the pipe replaced within 30 days, Officer Iachini is asking for a $250.00 administration fee, and after 30 days if it has not been replaced, a monetary fee of $25.00 per day until the pipe is replaced. City Attorney Stokes stated that regarding the authority to repair the pipe, if we could get that in the draft order, he is not sure that the City would undertake that expense . It is a bit of a safety issue because it does block the swale. So, if the homeowner continues to fail to act, it might be necessary. If that is included in the Order, that would give the City an option. There being no representative or the owner of the property present, Magistrate Hattaway ordered that Mr. Michael DeVito, 543 Benedictine Terrace, Sebastian, Florida 32958, after initial inspection of the property on November 17th, 2025, Code Enforcement Officer Richard Iachini found the property in violation of Section 54-2-7.15(d)(3), Land Excavation or Fill, maintenance of surface water management improvements. Respondent was issued a Notice of Violation on November 17th, 2025. Respondent failed to comply with that notice. Respondent was sent a Notice of Violation and notice of today’s hearing , return receipt requested, and posted at the property on December 18th, 2025. Delivery was attempted multiple times thereafter. She finds that respondent was properly served notice of the hearing. She finds that respondent failed to appear despite given an opportunity to present evidence in his own defense. The Code Enforcement Officer of the City of Sebastian appeared and presented competent and substantial evidence which was made a part of the official record of this matter. The respondent is hereby ordered to bring the property into compliance of this Order on or before February 19 th, 2026. Respondent is ordered to pay an administrative fee in the amount of $250.00 representing reasonable costs incurred by the City of Sebastian during its investigation and prosecution of this case. The City of Sebastian is authorized pursuant to Section 162-08- 5 to take whatever steps are necessary to bring the violation into compliance, the cost of which will be charged to the respondent. Additionally, the City is authorized to charge a fine of $25.00 per day after the 30-day period for failure to comply. If the respondent does not pay these fees, a lien may be imposed against the property, upon other real or personal property owned by the respondent, and the City may pursue all other remedies allowed by law including foreclosure. The respondent shall allow the officer reasonable access to the subject property to rectify the violations on the property. This Order can be appealed in the Circuit Court of Indian River County pursuant to Florida statutes. Done and ordered January 20th, 2026 LILY AND CHARLES MCCOMBS 156 Day Drive Sec. 66-3(11) Illustrative Enumeration (Grass) Case No.: CE 25-038762 PAGE 3 Code Enforcement Officer Richard Iachini identified himself and his position with the City of Sebastian. This case is for grass and weeds for a property that appears to be abandoned, and no one is taking care of it. He believes that both the owners are deceased, and none of the children want to take care of it. It was supposed to be brought before the Magistrate in October, but Officer Iachini could not attend the hearing. It has been held over, as there were no hearings in November or December because of the holidays. He stated that on September 15th of 2025 he wrote the property up for high grass and weeds. He sent a certified letter, return receipt requested, to the owner of record, and the violation was posted on September 16th of 2025. There was no response, and it was returned to the City on September 24th identified as undeliverable. On December 18th, 2025, he posted the property for notice to appear before the Special Magistrate, and on December the 19th, 2025 the letter was returned and marked as undeliverable, and he showed on the screen photographs of the exhibits. He stated that he went by the property this morning to check the property again, and he showed a photograph showing that the grass was still high. Officer Iachini is asking for no time to cure, since it is an abandoned property, to allow the City to add on the $250.00 administrative fee and whatever the cost of the vendor to abate it. The Magistrate asked if this is the first time hearing this case here. She asked if this is a repeat case. Officer Iachini stated it was before the Magistrate in July or August of 2025. He stated that the family does not want anything to do with this case, and so the City had a vendor cut it back then, approximately in July or August. He is asking that, since it is an abandoned property, the City be allowed to have it cut once a month instead of having a hearing on it every time. He is asking it to be a repeat violator. The Magistrate stated she will recognize this as a repeat violation with the statutory findings. She does not know if it is possible to have a recurring charge and order. City Attorney Stokes stated he is not certain whether the statute allows us to go in and to cure the violation that is found, and he does not know if that can be a continuing right. He thinks that might be problematic, and he suggested that we keep with the traditional order, and if it continues to be a problem, we will continue to bring it back The Magistrate finds that the respondents, their estate or heirs, listed as Lily and Charles McCombs, are the owners of record of the above real property. On September 15th, 2025, inspection of the property was performed by Code Enforcement Officer Richard Iachini of the City of Sebastian finding the property in violation of Section 66-3(11), Illustrative Enumeration, Growth of Weeds, Grass, Undergrowth or Other Vegetation upon improved real property to a height of 10 inches or more. Respondents were issued a notice of violation on September 15th, and respondents failed to correct the violation. Respondents were issued a Notice of Violation and a notice of today’s hearing by posting of the property and sent Certified Mail, Return Receipt Requested, on December 18th, 2025. PAGE 4 Respondents were properly served with notice. Respondents and/or their representatives did not appear today as specified to present their case or any reason why the City’s claim should not move forward, that the Code Enforcement Officer appeared and prese nted competent substantial evidence which is made a part of the official record hereof . Respondents are found in violation of Section 66-3(11). Respondents are hereby ordered to bring the property into compliance with the Order on or before January 20th, 2026. They are ordered to pay an administrative fee in the amount of $250.00 representing reasonable costs incurred by the City, in addition to statutory fines or repeat violations. The City is hereby authorized pursuant to Florida Section 162-08(5) to take what steps are necessary to bring the violation into compliance, the cost of which will be charged to the respondents. The respondents shall allow the officer access to the property for the purpose of rectifying the violation. This Order can be appealed in the Circuit Court of Indian River County pursuant to Florida Statute 162. Ordered this day, January 20th, 2026 ELIGIO & SOCORRO TALACTAC 185 Englar Drive Sec.66-3(11)(b) Illustration Enumeration (Cutback) Case No.: CE 25-041213 Code Enforcement Officer Richard Iachini identified himself and his position with the City of Sebastian. He testified that on September 30th, 2025 a Notice of Violation was issued to the property owner for failure to maintain a five-foot perimeter on the property. A certified letter was sent to the owner of record, according to the Property Appraiser’s website. On December 2nd the property was posted and photographs were taken. On December 18th, again nothing was done, so the property was posted with a letter to appear before the Special Magistrate, and photos were taken. He presented photographs of the condition of the property and the notices that were posted and mounted them on the screen. On December 16th, 2025 a letter was sent to the owners of the property to appear before the Special Magistrate, the property was posted, and a copy of the letter was sent to the Magistrate. These exhibits were also mounted on the screen. He also showed a photograph which he had taken of the property as it appeared immediately before this hearing. Officer Iachini is asking for no time to cure and to allow the City to send a vendor in to do the cutback and charge the owner also a $250.00 administration fee. There being no one present to testify on this matter, the Magistrate is prepared to rule as follows: The respondents are the owners of the above-described real property. Based on the initial inspection on September 30th by Richard Iachini, City of Sebastian Code Enforcement, officer found the respondents to be in violation of Section 66-3(11)(b), Illustrative Enumeration, overgrowth of vacant parcel onto adjacent property in the City of Sebastian. Respondents were issued a Notice of Violation on September 30th, 2025. They failed to comply and were issued a Notice of Violation and, as of today’s hearing PAGE 5 posted the property and sent via certified mail, return receipt requested, on December 18th, 2025. The respondents were properly served with a notice. Respondents and/or representatives failed to appear at the hearing today to present evidence or testimony. The Code Enforcement Officer of the City of Sebastian appeared and presented competent substantial evidence which is made an official record of the matter herein. The Magistrate ordered the respondents to bring the property into compliance with this Order on or before January 20th, 2026. Respondents are ordered to pay an administrative fee in the amount of $250.00 representing the costs incurred by the City during its investigation and prosecution. The City is hereby authorized pursuant to Section 162.08 - 5 of Florida statutes to take whatever steps are necessary to bring the violation into compliance, the cost of which will be charged to the respondents and, if not paid by the respondents, a lien may be imposed on the property and on any other real or personal property owned by the respondents. The City is also authorized to pursue other remedies allowed by law, including foreclosure. Respondents will allow the officer access to the property for the purpose of rectifying the violations on the property. This Order can be appealed at the Circuit Court in Indian River County pursuant to Florida statutes. Done and heard January 20th, 2026 KHAI HOAN INVESTMENTS CONSULTING, LLC & REGISTERED AGENTS, INC. 169 Day Drive Sec 30-29 Required Licensing) Case No. CE 25-044037 Code Enforcement Officer Richard Iachini identified himself and his position with the City of Sebastian. He stated this case is somewhat complicated. He asked the City Attorney if we could possibly do a 30-day delay on this. It is for Case No. CE 25-044037 for operating an Airbnb without the proper documentation. The reason being they could never get the proper documentation. They would not be accepted because the property is in violation of a Building Code from 2022. He said there is a gentleman here who does the property managing of it, and he would like to speak. He promised that he will cease and desist on any renting of the Airbnb and take care of the violation of the Building Code from 2022. He also said that, if this gentleman has a chance to talk, we can see if we can do a 30-day delay. City Attorney Stokes stated that he is not absolutely sure that the Magistrate’s intervention on this is needed. If the property owner is still working with Code Enforcement and we are trying to move forward towards compliance, which is obviously the goal of Code Enforcement, we could probably keep it simple and just ask for it to be tabled for 30 days. We will put it on the agenda again in February if it is still not in compliance. If it is brought into compliance, the Magistrate will not have to hear about it again if that meets with the Magistrate’s approval. PAGE 6 The Magistrate suggested that the City has discretion over this matter. She understands that the City Attorney is going to table this for 30 days, and the City can work with the property owner to get it into compliance. The City Attorney stated that if the Code Enforcement Officer continues to work with Mr. Christiansen and keeps the City Attorney apprised, and if you need any help to let him know, that would be sufficient. The Magistrate agreed. JERRY OOMS & THOMAS BARNES 690 Layport Drive Sec. 66-3(11) Illustrative Enumeration (Grass) Case No.: CE 25-045920 Curtis Bloomfield, Code Enforcement Officer for the City of Sebastian, identified himself and his position with the City of Sebastian. He testified that on November 3rd, 2025 he inspected the property at 690 Layport Drive and found it to be in violation of City Code 66-3(11), which is high grass and weeds. He showed the exhibits on the screen and identified each one. Exhibit #1 showed the initial door hanger, exhibit #4 reflects a signed Order dated September 16th, 2025 for the same exact violation. Page 2 of this exhibit shows the Magistrate’s signature for that Order. Because of the repeat violation status, this owner was notified to appear at this hearing. Exhibit #3 reflects a copy of the notice for this hearing today. That notice was left at the door. It was returned to the City, as the owner did not sign for the certified letter. He mounted photographs showing what the property looked like in November. He also mounted a photograph taken immediately before this hearing which shows the front of the property. 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 placing the cost of such abatement as a lien against the property and any other property owned by the listed owners. Administrative costs of $250.00 and a fine of $500.00 for the repeat violation and any future violations 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. The Magistrate, seeing no one present on behalf of the respondents, or the respondents themselves, Jerry Ooms and Thomas Barnes, or anyone else here to offer evidence on this matter, she is prepared to issue her ruling as follows: The Magistrate finds that the respondents are the owners of the real property at 690 Layport Drive, Sebastian, Florida 32958. On November 3rd, 2025, upon inspection of the PAGE 7 property Curtis Bloomfield, City of Sebastian Code Enforcement Officer , found the property in violation of Section 66-3(11), Illustrative Enumeration -- growth of weeds and grass and undergrowth. Respondents were issued a notice of violation on that date. Respondents failed to comply with the notice and were given a Notice of Violation and hearing, posted the property, and sent certified mail. The respondents were properly served with notice regarding today’s hearing. Respondents or their representatives did not appear to present evidence or present testimony. Code Enforcement Officer for the City of Sebastian did appear and presented competent and substantial evidence of the violation which is made a part of the record today. Respondents were previously notified and found to be in violation of this Section on July 15th, 2025 and on September 16th, 2025. Respondents are found to be in violation of Section 66-3(11). This constitutes a repeat violation under the Florida Statute 162. Respondents are hereby ordered to bring the property into compliance on or before January 20th, 2026. Respondents are hereby ordered to pay an administrative fee of $250.00 representing reasonable costs incurred by the City of Sebastian during its investigation and prosecution of this case and a fine of $500.00 for the repeat violation. The City is hereby authorized by Florida statutes to take whatever steps are necessary to bring the violation into compliance, the cost of which will be charged to the res pondents, and, if not paid, a lien may be imposed against the subject property or other real or personal property owned by the respondents. The City is also authorized to pursue other remedies allowed by law, including foreclosure. The respondents shall allow the officer reasonable access to the property for the purpose of rectifying the violations. This Order may be appealed to Circuit Court of Indian River County pursuant to Section 162 of Florida statutes. All future violations will be considered rep eat violations and subject to additional fines. Done and ordered January 20th, 2026 HOLLY ARMSTRONG 809 Gardenia Street Sec. 26-34(a) Unsafe Structure (Shed) Case No.: CE-25-035044 Curtis Bloomfield, Code Enforcement Officer for the City of Sebastian identified himself and his position with the City of Sebastian. He stated that the owner of this property is here in the audience today. He testified that on August 21st, 2025 he received an email from Sergeant Melius from the Sebastian Police Department, which he displayed on the monitor. It says that while they were investigating a burglary yielding that the subjects, Nicholas Willett and his fiancée were living in a shed on the property at 809 Gardenia Street. He said the two people did not answer when he knocked on the shed several times, and he looked inside to see a bed and a makeshift bedroom set up inside. It goes on to say that the occupants in the 809 Gardenia house advised the police officer that two PAGE 8 people were living in the shed, and he was making Code Enforcement aware of that. That is how this case came to be. Officer Bloomfield had two videos which he played for the Magistrate. Officer Bloomfield testified that there was no response, and as the officer stated in his email, the evidence is that the homeowner pointed to the shed when asked if Nicholas is home. She pointed to the shed and said that he was sleeping in the shed there with her daughter. He further testified that this is from the sergeant’s bodycam on that shift. He mounted exhibits on the monitor as follows: Exhibit #2 reflects the same day but when Officer Bloomfield’s shift started at 10:26 a.m. When he visited the property, he left the door hanger. On August 22nd, 2025 the Notice of Violation was left at the door, a copy of which was mounted on the monitor. Exhibit #3 reflects the Notice of Hearing for this hearing today. A copy of the certified mail receipt was also shown on the monitor, signed for on August 30th, 2025. He also showed a photograph of the shed in question. Officer Bloomfield recommends an Order to find the owner in violation of Section 26-34 of the City Code and to immediately cease and desist such activity of sleeping in the shed, as well as administrative costs in the amount of $250.00 and any future violations 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. Holly Marie Armstrong, 809 Gardenia Street, Sebastian testified that the two people involved stopped sleeping in the shed as soon as she got the notice that has hung on her door. The Magistrate asked if Ms. Armstrong disputes what has been testified to. Ms. Armstrong stated that they slept in there; they did not live in there. She stated she did not realize that that was not allowed until she got the notice . She added that the two people stopped immediately and moved out. The Magistrate asked if Officer Bloomfield has any evidence to show that Ms. Armstrong is not in compliance. Officer Bloomfield testified that the homeowner has not contacted his department at all. He said that he was at the property several times and did not make contact with her. City Attorney Stokes stated that he has no problem accepting the testimony of the property owner that they are not currently sleeping in the shed. He recommended finding that, based upon what was presented, including the testimony of the homeowner that a violation be found, but that it is now in compliance, and if it repeats, we could consider it a repeat violation. Obviously, a cure period is not needed, but it was a violation. We would still seek to have the Order show that a violation did exist and th at it is currently cured. He also said he would be okay with foregoing the fine for today’s hearing. He suggested levying no fine or costs associated with the case, but an Order entered so that, if there is a repeat violation, we can address it. PAGE 9 There being no further testimony, the Magistrate ruled as follows: In the matter of 809 Gardenia Street, Case No. 25-035044, she finds that the respondent, Holly Armstrong, is the owner of the subject property. On August 21st, 2025 an initial inspection of the property by Curtis Bloomfield, City of Sebastian Code Enforcement Officer, found the respondent in violation of Section 26-34(a), Unsafe Structures, Abatement Code Noninhabitable, no sleeping in shed, permit required. Respondent was initially issu ed a Notice of Violation, and the aforesaid conditions constituted a violation of the Code and were to be corrected. The respondent was properly served with Notice of today’s hearing. Respondent did appear and presented testimony and evidence that the violation has been cured. Code Enforcement Officer of the City of Sebastian, Curtis Bloomfield , appeared and presented competent substantial evidence of the violation, which is made part of the official record of this matter. The respondent claims to have brought the property into compliance as of today, January 20th, 2026. The City is waiving any administrative fee representing costs incurred by the City of Sebastian; however, future violations will be considered repeat violations pursuant to Florida Statutes, Chapter 162, and subject to additional fines. Done and ordered this day, January 20th, 2026. jg