Loading...
HomeMy WebLinkAbout09-16-2025 Special Magistrate MinutesCITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING SEPTEMBER 16, 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, C ode Enforcement Records Specialist Naiomi Charles, and Janet Graham, Technical Writer I. Call To Order Special Magistrate Hattaway introduced herself and stated that this is a quasi -judicial process, meaning it is similar to a court hearing, and we will follow the procedures outlined in Florida Law. She described how the hearing will proceed, and everyone who intends to present evidence will be sworn by the Code Enforcement Records Specialist. Ms. Cockcroft suggested that, since there is someone present today who wishes to present her case, the agenda is heard out of order to allow that person to be heard first. Magistrate Hattaway agreed. Code Enforcement Records Specialist Naiomi Charles sworn in staff and all persons who would be speaking. II. Initial Hearing of Code Violation A. Helen M. Clark 679 Ellingsen Avenue Sec. 66-3(1), Illustrative Enumeration (Trash & Debris) Case No.: CE 25-037347 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 September 5, 2025, he inspected the property at 679 Ellingsen Avenue and found it to be in violation of City Code 66-3(1), which is a violation for trash, debris, and junk. On that same day, September 5, 2025, Notice to Appear was posted at the property and sent via Certified Mail to the listed owner of record, and the reason why that property was posted was given. This is a repeat violator, and as such, per Chapter 162, no reasonable time is needed to abate the property. Officer Bloomfield presented photographs of the property and its condition on the screen, and he identified each one. PAGE 2 Ms. Cockcroft asked Officer Bloomfield, to the best of his recollection, if the dates on the prior Orders were August 29th, 2023, April 16th, 2024, and October 15th, 2024. Officer Bloomfield answered yes. Ms. Cockcroft also asked if those were for the same violations as this one we are here for today. Officer Bloomfield answered yes, the same violation. Ms. Cockcroft asked Officer Bloomfield if the property was abated previously by the City under those Orders. Officer Bloomfield answered yes. Ms. Cockcroft asked Officer Bloomfield if he was out there today, and it is still the same. Officer Bloomfield answered yes. She also asked if the photos that he presented are a fair and accurate depiction of the property when he was on the premises. Officer Bloomfield answered yes. Ms. Cockcroft asked the property owner to present her evidence before Officer Bloomfield makes his recommendation. Ms. Helen Clark, 679 Ellingsen Avenue. She stated she is 65 years of age and lives alone. She reviewed her work history. She states she likes to decorate for the holidays. The items she uses to decorate are not out year-round. She also stated she is a hoarder. She is now trying to get rid of things, and she intends to sell the house and move out of Florida. She states she cannot get any help. She added that when the trees were cut, the cuttings were left in the front because she could not get anyone to take them. She also contacted Waste Management regarding the items that needed to be removed. She reviewed the history of the situation on her property and described some properties around hers. Magistrate Hattaway stated that the City needs Ms. Clark to get the debris out of the front of the house. If there is a way to get it in the garage or get it out for Waste Management, it is necessary for her to do that, or the officers are going to get someone to come and abate the situation. Ms. Cockcroft called on Officer Bloomfield to state what is needed to be done. He stated that staff recommends an Order of No Time to Cure and to allow the City and its agents to enter and abate the property, and to place the costs of such abatement as a lien against the property and any other property owned by the listed owner. Administrative costs of $250.00 and a fine of $500.00 is also requested for the repeat violation, and any future violations 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. Magistrate Hattaway asked Ms. Clark, if she gives her 10 days to get the debris down to the road, would that be sufficient. Ms. Clark said if she can get Waste Management to empty the two containers without taking the containers, yes. She stated Waste Management will not take the trash in the two containers because the containers are round, and their machine cannot pick them up. She will try to get it in the green container. PAGE 3 Officer Bloomfield reviewed his history with Ms. Clark and this property. It has been this way for several years, and he has spoken to Ms. Clark several times regarding the condition of her property. Ms. Cockcroft stated that this situation has been ongoing for many years, and the City asks that Magistrate Hattaway applies the repeat violation with no time to cure. Otherwise, it is going to remain as it is. Magistrate Hattaway stated that she will receive the evidence presented by Officer Bloomfield. She asked if anyone else wished to speak on this case for the property at 679 Ellingsen 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 September 16, 2025. B. Ruby Singhisen 625 Belfast Terrace Sec. 66-3(11) Illustrative Enumeration Dead/Hazardous Trees Case No.: 25-029209 City Attorney Jennifer Cockcroft swore in Code Enforcement Officer Richard Iachini. Code Enforcement Officer Richard Iachini identified himself and his position with the City of Sebastian, Florida. This case is for hazardous trees at 625 Belfast Terrace. On July 10th, Officer Iachini issued a Notice of Violation and posted the violation and sent the notice via Certified Mail, Return Receipt Requested on July 11th. He stated that the Post Office attempted three times to deliver the Notice, and it was sent back marked “Not Deliverable as Addressed, Unable to forward.” Officer Iachini showed photographs of the condition of the property and copies of the Certified Mail notices. He also presented photos of the initial notice of violation. He added that on August 19th, it was posted for a hearing, and the notice was sent via Certified Mail to the owner of record, who evidently is deceased. He showed a copy of the letter that was sent. The letter was apparently signed by someone. He also entered a photo of the trees as they appeared today, September 16th, 2025. He asked for no time to cure and permission for the City and/or its agents to go on the property and bring the property into compliance, along with $250.00 administrative fees, and whatever the fee is to bring the property into compliance. He added that this is an unimproved lot. Ms. Cockcroft noted that the owner is deceased as of 2020. PAGE 4 Magistrate Hattaway called on anyone who wished to present evidence in this case. Seeing no one, Magistrate Hattaway read into the record the Findings of Fact, the Conclusions of Law, and Special Magistrate Order of Lien (SEE ATTACHED) on September 16, 2025. So ordered and done. C. William Parsons 1308 Cownie Lane Sec. 66-3(11) Illustrative Enumeration (Grass) Case No.: 25-030285 City Attorney Jennifer Cockcroft called on Officer Richard Iachini to present his case and enter his exhibits into evidence. Code Enforcement Officer Richard Iachini identified himself and his position with the City of Sebastian. He stated that on July 17th, 2025, a Notice of Violation was issued for the property and posted on the property. He presented photographs depicting the property and its condition. He stated the Notice was sent via Certified Mail immediately because the house appeared to be empty, as there was nobody around. The Certified Mail notice was returned as undeliverable. On July 12th, he posted the abatement letter. On August 14th, the property was posted for a hearing, and photos of the property were taken again. A Notice was again sent via Certified Mail to the owner, and the letter was returned as undeliverable. Officer Iachini stated that today he took another photograph of the condition of the property. He requested permission for no time to cure and permission to go on the property and abate the property. He requested $250.00 administrative fees and whatever the cost of the abatement would be. Magistrate Hattaway called on anyone who wished to present evidence in this case. Seeing no one, Magistrate Hattaway read into the record the Findings of Fact, the Conclusions of Law, and Special Magistrate Order of Lien (SEE ATTACHED) on September 16, 2025. So ordered and done. D. Terrance Lawrence 808 Louisiana Avenue Sec. 66-3(11) Illustrative Enumeration (Grass) PAGE 5 Case No.: CE 25-034933 City Attorney Jennifer Cockcroft called on Officer Curtis Bloomfield to present his case and enter his exhibits into evidence. Code Enforcement Officer Bloomfield, having been previously sworn in, identified himself and his position with the City. He stated that on August 20th, 2025, he inspected the property at 808 Louisiana Avenue and found it to be in violation of City Code 66 -3(11), high grass and weeds. Officer Bloomfield displayed photographs of the condition of the property on the screen. He stated that he returned to the property on August 22nd, 2025, and the property was posted with a Notice of Hearing due to the property owner being a repeat violator and was already found and adjudicated guilty of violating the same ordinance as previously. A Notice of Hearing was left at the door . A Notice of Hearing was also sent Certified Mail to an address in Pennsylvania that the owner had given to the City previously. That Notice was also returned to the Post Office marked Unclaimed. He also displayed photographs that were taken this morning which depict the condition of the property. He stated that staff 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 owner. Administrative costs in the amount of $250.00 are also requested as well as a fine of $250.00 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 statute 162. Magistrate Hattaway called on anyone who wished to present evidence in this case. Seeing no one, Magistrate Hattaway read into the record the Findings of Fact, the Conclusions of Law, and Special Magistrate Order of Lien (SEE ATTACHED) on September 16, 2025. So ordered and done. E. Jerry Ooms and Thomas Barnes 690 Layport Drive Sec. 66-3(11) Illustrative Enumeration (Grass) Case No.: CE 25-034928 City Attorney Jennifer Cockcroft called on Officer Curtis Bloomfield to present his case and enter his exhibits into evidence. Code Enforcement Officer Bloomfield, having been previously sworn in, identified himself and his position with the City. He stated that on August 20, 2025, he inspected the PAGE 6 property at 690 Layport Drive and found it to be in violation of City Code 66 -3(11), high grass and weeds. The grass and weeds exceed 10 inches. On August 22nd, 2025, he posted the property. He showed photographs of the condition of the property on the screen. Notice of this hearing was posted at the property. The owners are repeat violators. He also showed the Notice of today’s hearing, which was returned Unclaimed, Return to Sender. Officer Bloomfield is requesting an Order of No Time to Cure and to allow the City and/or its agents to enter and abate the property. In addition, request was made to place 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 a fine of $500.00 for the repeat violation and any future violations 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. Officer Bloomfield added that there was a previous abatement on July 15, 2025. Magistrate Hattaway called on anyone who wished to present evidence in this case. Seeing no one, Magistrate Hattaway read into the record the Findings of Fact, the Conclusions of Law, and Special Magistrate Order of Lien (SEE ATTACHED) on September 16, 2025. So ordered and done. Ms. Cockcroft wanted to note that the City received an opinion back on one of its cases that is on appeal. Special Magistrate Hattaway was not the original magistrate on that case. It is in the 30-day appeal period for the latest order, which will expire sometime in October. So, that may come before Magistrate Hattaway for a Massie hearing in November. She asked if Magistrate Hattaway wants to have hearings in November and December. A lot of times the City has not done that in prior years, based on just a policy of not having these during the holiday season. She said that may be decided next month. jg