HomeMy WebLinkAbout08182009SMCITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
August 18, 2009
1. The hearing was called to order at 2:05 p.m. by Special Magistrate David Hancock.
2. Initial Hearing of Code Violation:
Case No. 09 -21211
Richard and Barbara Lucas
174 Abeto Terrace
Sec. 66 -3. The maintaining, using, placing, depositing, leaving or permitting to be or remain
on any public or private property of any of the following items, conditions or actions is to
be and constitute a nuisance; provided, however, this enumeration shall not be deemed or
construed to be conclusive, limiting or restrictive:
(11) Growth of weeds, grass, undergrowth or other vegetation (but not protected species):
b. upon unimproved real property when such growth encroaches upon adjoining
improved real property such that it:
i) causes, or is in imminent danger of causing, damage to the adjoining
property, or
ii) creates an unreasonable maintenance burden upon said adjoining property.
Nothing herein shall relieve the landowners of any requirement to obtain appropriate permits
for removal of such vegetation.
Special Magistrate David Hancock approved City Attorney Ginsburg's request to withdraw
the case from this agenda as the Respondents were given 30 additional days to take care of
the tree issue.
Case No. 09 -18631
Casmir and Marsha Fusco
849 Vocelle Avenue
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
Section 54 -3 -14.7. Tree Removal, grubbing, and land clearing permits..
(b) Tree removal and land clearing permit. All lands within the city are required to
obtain a permit for protected tree removal, grubbing or land clearing.
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Respondent Marsha Fusco was not present but had signed a consent order. She did not
contest the violation and complied with requirements of the order by obtaining an "after the
fact" tree removal permit. The Consent Order was presented to and signed by Mr. Hancock.
Case No. 09 -22141
Joanne Bauman
713 Dempsey Avenue
Section 54 -3 -14.7. Tree Removal, grubbing, and land clearing permits.
(b) Tree removal and land clearing permit. All lands within the city are required to
obtain a permit for protected tree removal, grubbing or land clearing.
Respondent Joanne Bauman was not present but had signed a consent order. She did not
contest the violation and complied with requirements of the order by obtaining an "after the
fact" tree removal permit. The Consent Order was presented to and signed by Mr. Hancock.
3. Compliance Hearing:
Case 08 -02055
Tracy and Shannon Cook
868 Schumann Drive
Neither Respondent was present at the hearing. City Attorney Ginsburg noted that per the Special
Magistrate's order of 5/19/09, the Respondents have until tomorrow, August 19, 2009, to bring
their property into compliance. He noted also that the certified mail notice of the hearing had not
been picked up by the Respondents. Messrs. Ginsburg and Hancock discussed the question of
giving proper hearing notice as well as of the date by which Respondents had to comply with the
May order. Code Officer Richard Iachini said that, as of this morning, the property was not in
compliance.
Mr. Ginsburg proposed an order whereby the Respondents would be fined $50.00 per day,
beginning on August 20, 2009, until the property was brought into compliance with the stipulation
that if property were brought into compliance by August 19th, the order would be null and void.
Mr. Hancock signed the order.
5. The meeting was adjourned at 2:27 pm.
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