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SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
June 15, 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. Mr. Hancock swore in staff.
4. Hearing of Code Violation:
Case Nos. 10 -09036 10 -09037
Michael Beasock and Tina Emmons
1005 Barber Street
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 informed the Special Magistrate that the owners of record for both properties were not
present as neither picked up the certified mail notice of hearing. He added that we did everything
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under the Statute to provide notice and is prepared to go forward. After some discussion it was
agreed to go forward with these hearings.
Special Magistrate Hancock swore in Code Officer Richard Iachini, who affirmed and stated his
name and position. He then explained the code situation at 1005 Barber Street, beginning with the
initial inspection of trash and debris on March 18, 2010. At the same time he found the fence in
disrepair and a shed. As the property has an in- ground pool Officer Iachini determined there was a
safety hazard due to the dilapidated condition of the fence. When he researched the property, he
found there were no permits obtained for either the fence or the shed. Officer Iachini displayed
photos taken at the site on June 14, 2010, which showed the shed and fence in disrepair and the
house appears to be abandoned. Mr. Ginsburg asked that the photos taken by Officer Iachini be
submitted as evidence and Special Magistrate Hancock admitted them into the record.
Mr. Ginsburg then reviewed the evidence for the case against 1005 Barber Street: (1) a fence without
a permit; (2) a shed without a permit; (3) a shed in violation of the code setbacks; (4) the fence in
dilapidated condition giving access to the backyard and potential problem with a pool.
Special Magistrate Hancock noted for the record that no one is present on behalf of the property
owners Michael Beasock or Tina Emmons.
Mr. Ginsburg suggested they proceed with the second item on the agenda and then review the orders
for each.
Special Magistrate Hancock read the next item on the agenda, Robert Macleod, 591 Biscayne Lane.
Code Officer Richard Iachini was sworn in and he stated his name and position. Mr. Ginsburg asked
Officer Iachini to describe the code issues at 591 Biscayne Lane. Officer Iachini stated that he
initially inspected the property for a trash and debris complaint. During that inspection he noted that
half of the fence was down and there was a small shed in the back corner up against the fence.
Although a permit had been applied for the fence, there was no follow through and no final
inspection. There was no permit for the shed on file. Officer Iachini also stated that according to a
survey pin found in the ground, the fence and shed are not on Mr. Macleod's property but over the
property line onto the neighbor's property. He then presented photographs taken on June 14, 2010 at
the property site showing the fence, shed and survey pin. Mr. Ginsburg asked Officer Iachini if he
had spoken with the neighbor and if she approved the location and gave Mr. Macleod permission to
construct the fence and shed over the property line onto her property. Officer Iachini said the
neighbor was not aware of when he erected the fence and shed, Mr. Macleod made no contact with
her. Mr. Ginsburg asked Officer Iachini if he took the photographs which he replied in the
affirmative. Mr. Ginsburg then asked that the photos be entered into the record. Special Magistrate
Hancock admitted them into the record. At the request of Special Magistrate Hancock, Officer
Iachini detailed the timeline for notice and posting of the property regarding the code violations.
Mr. Ginsburg reviewed the evidence for this case: (1) there is partial compliance with the fence as
application for permit was made for the fence but didn't follow through; (2) no permit was applied
for the shed and no inspections were made; (3) the code enforcement officer's opinion is that neither
were built to code or safe with respect to wind loads.
Mr. Ginsburg asked for an order on both properties finding violations of the code and also considers
abatement orders so the city can correct some of these violations.
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Special Magistrate Hancock ruled based on the evidence presented, he finds that the Beasock and
Emmons property at 1005 Barber Street, Case No. 10 -09036 and 10 -09037 is in violation of a fence
constructed without a permit, a shed that has been erected without a permit, and he agrees to the
city's proposal that there be an abatement order to provide the repairs necessary to make the property
safe or to install another fence that would meet state requirements.
Special Magistrate Hancock ruled based on the evidence presented, he finds that the Macleod
property, 591 Biscayne Lane, Case No. 10 -12465 and 10 -12467 is in violation of a fence constructed
without final permitting process, and a shed constructed without a permit. The order shall include
the city's cost to remediate the properties as well as the city's administrative cost bringing the issues
before the magistrate.
Schedule Macleod for July 20 to review if anything has been done. If not, then another order can be
issued for the city to do the remediation.
The hearing was adjourned at 2:45 pm.
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