HomeMy WebLinkAbout07202010SM MinutesCITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
July 20, 2010
1. The hearing was called to order at 2:02 p.m. by Special Magistrate David Hancock.
2. Present: Special Magistrate David Hancock, City Attorney Robert Ginsburg, Code
Enforcement Officer Richard Iachini, Code Enforcement Clerk Susan Lorusso.
3. Hearing of Code Violation:
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
Case Nos. 10 -09036 10 -09037
Michael Beasock and Tina Emmons
1005 Barber Street
Sec. 54- 2 -7.7. Walls and fences.
(1) Permit required. Except as provided in sub section (4), it shall be unlawful for any person,
association, corporation or other entity to install, erect, alter, or locate a fence or wall within the
city without first obtaining a fence permit for such activity. Notwithstanding the foregoing, a fence
permit shall not be required for the replacement or repair of an existing fence or wall unless the
replacement or repair cost exceeds 50% or more of the value of the fence or wall before its repair or
replacement.
Sec. 54- 2- 7.5(c)(2) Accessory structures.
(c) General regulations of accessory buildings:
(2) No accessory structure shall be constructed or maintained without a building permit
being issued by the city's building official expressly designating the type of the accessory
structure (example: garage, shed, pump house).
Special Magistrate Hancock dismissed Case Numbers 10 -09036 and 10 -09037 based on the request
of Mr. Ginsburg, who stated for the record that the bank, Saxon Mortgage, has brought the property
into compliance. Mr. Ginsburg added that a note will be placed in the file that in the event this
property should come before the magistrate again, there will be a written notice of what was done at
this hearing. Special Magistrate Hancock noted for the record neither Mr. Beasock, Ms. Emmons,
nor anyone on their behalf is present at this hearing. Special Magistrate Hancock ordered that based
upon the City of Sebastian's recommendation, case number 10 -09036 and 10 -09037 are dismissed.
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Case Nos. 10 -12465 10 -12467
Robert Macleod
591 Biscayne Lane
Sec. 54- 2 -7.7. Walls and fences.
(1) Permit required. Except as provided in sub section (4), it shall be unlawful for any person,
association, corporation or other entity to install, erect, alter, or locate a fence or wall within the
city without first obtaining a fence permit for such activity. Notwithstanding the foregoing, a fence
permit shall not be required for the replacement or repair of an existing fence or wall unless the
replacement or repair cost exceeds 50% or more of the value of the fence or wall before its repair or
replacement.
Sec. 54- 2- 7.5(c)(2) Accessory structures.
(c) General regulations of accessory buildings:
(2) No accessory structure shall be constructed or maintained without a building permit
being issued by the city's building official expressly designating the type of the accessory
structure (example: garage, shed, pump house).
Mr. Ginsburg asked Ms. Lorusso to detail the attempts the city has made to notify the respondents of
this hearing. Special Magistrate Hancock swore in Ms. Lorusso, who detailed the procedures
followed for notifying the respondents of violations and the magistrate hearings. All notifications
had been returned unclaimed.
Mr. Ginsburg continued that at the last hearing it was determined to return with an update and a final
order which will reference administrative costs, and a per -day fine for failure to respond or make the
improvements on the property. Mr. Ginsburg asked Ms. Lorusso to detail the administrative costs
for case no. 10- 12465. Ms. Lorusso replied the total for staff hours and certified mailings was
$242.01. Ms. Lorusso added that case no. 10 -12467 total administrative costs is also $242.01.
Special Magistrate Hancock asked if Mr. McLeod was present, he was not. A daily noncompliance
fine of $20.00 per day was agreed upon by Mr. Ginsburg and Special Magistrate Hancock.
Special Magistrate Hancock determined that as the property owner of record has not been present for
the two hearings, there is evidence of the City of Sebastian's costs in this matter, and finding that
$20.00 per day is well within the statutory limits of Chapter 162 of the Florida Statutes. Special
Magistrate Hancock executed the Findings of Fact, Conclusions of Law, and Order and Order
Imposing Fine on Case Number 10- 12467. Special Magistrate Hancock executed the Findings of
Fact, Conclusions of Law, and Order and Order Imposing Fine on Case Number 10- 12465. Such
orders are entered in accordance with the city's desires.
Case No. B10 -1002
Luanne Hastings
1643 Coral Reef Street
Special Magistrate Hancock swore in Mr. Wayne Eseltine, Building Director, City of Sebastian. Mr.
Eseltine described the case. He stated that during an inspection on November 16, 2009 it was
discovered that a detached garage had been converted to a living quarters without a permit. A notice
of violation was left with the owner and explained what is required to obtain a permit. The owner
was given thirty (30) days to apply for a building permit. On May 21, 2010 Ms. Hastings was
notified that six months had passed since the violation was written and she must apply for the permit
by June 1, 2010. On June 23, 2010 the Respondent had not applied for the building permit and was
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sent notice of violation hearing to appear before the special magistrate. Administrative costs
involved are $148.00 for time and mailings. Mr. Eseltine presented photographs to Special
Magistrate Hancock depicting the condition of the property. Mr. Eseltine does not think the
converted garage is occupied.
Mr. Ginsburg stated that the city's goal is to achieve compliance and not be punitive. The city asks
the Magistrate to recognize the $148.00 administrative costs, provide the property owner with sixty
(60) days from today to get the permits, and if she does not get the permits, beginning September 18,
2010 a $20.00 per day fine be imposed for each further day of non compliance.
Based upon the City of Sebastian's evidence and the property owner not appearing either personally
or through an attorney or agent, Special Magistrate Hancock finds for the relief sought by the City
and orders administrative costs of $148.00 be paid, the property owner obtain the required building
permits to bring the property into compliance with the Land Development Code with a deadline
sixty (60) days from the date of this order, September 18, 2010. If these items are not done by
September 18, 2010, then a daily fine of $20.00 per day for each day of non compliance is imposed.
There was a five minute recess.
Case No. B10 -1003
Dean Noel Perna
1352 Laconia Street
Mr. Ginsburg asked Mr. Eseltine to describe the particular circumstances of this case to the
Magistrate. Special Magistrate Hancock reminded Mr. Eseltine that he is still under oath. Mr.
Eseltine detailed the facts; on February 3, 2010 Mr. Perna was issued a citation by the Building
Department for advertising and acting in the capacity of a contractor without holding a certificate of
competency issued by a local construction board or certification issued by the State of Florida. A
fine of $250.00 was imposed and Mr. Perna paid it on February 3, 2010. Mr. Eseltine continued that
on May 7, 2010 a second citation was issued for advertising in the capacity of a contractor without
proper licensure. At that time a fine of $500.00 was imposed as it was a second offence. Respondent
was given ten (10) days to remove the advertising from his car, his trailer and a website that he was
maintaining.
Mr. Eseltine said by June 23, 2010 the Respondent removed the advertising from his car and trailer.
The website remains active as of today and the fine has not been paid. Administrative costs for this
case amount to $140.00. Mr. Eseltine submitted photos and a copy of the website page to Special
Magistrate Hancock.
Special Magistrate Hancock noted for the record that Mr. Perna is not present. Mr. Ginsburg asked
the following be recognized: $140.00 administrative cost, require payment of the $500.00 fine, and
in the event that this is not cleared up within five (5) days from today, impose a fine of $250.00 a
day. The fine is due to the fact that Mr. Perna has had actual notice of the issues involved and
continues to present himself to the public through his website as a person who is competent to
perform construction work within the City of Sebastian. Special Magistrate Hancock asked, and Mr.
Ginsburg affirmed, that it is the City's position that there is some level of concern for the other
property owners within the jurisdiction of the City of Sebastian in terms of having an unlicensed
contractor performing work on their premises.
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Based upon testimony and evidence presented and Mr. Perna's absence from today's hearing,
Special Magistrate Hancock ruled the Findings of Fact, Conclusions of Law, and Order that Mr.
Perna stop presenting himself as a licensed contractor and also the Order Imposing Fine to recover
administrative costs of $140.00 and impose a daily fine of $250.00 per day until the violation is
brought into compliance.
As there were no further items on the agenda, Mr. Ginsburg asked to set a date for the next hearing.
It was agreed by all parties that the next Special Magistrate Hearing will be held Tuesday, August
24, 2010 at 2:00 p.m. Mr. Ginsburg added it will be an unusual case as the matter has already gone
before Circuit Court and an opinion has been rendered. Mr. Ginsburg offered to forward that
opinion to Special Magistrate Hancock prior to the hearing. Mr. Ginsburg will forward the
information via letter and copy counsel for the appellant.
The hearings were adjourned at 2:51 p.m.
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