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HomeMy WebLinkAbout07172012SM Minutes�����r�, �o�i+�� �,��aar��,�� � .� � SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING July 17, 2012 L The hearing was called to order at 2:06 p.m. by Special Magistrate David Hancock. 2. Present: Special Magistrate David Hancock, City Attorney Robert Ginsburg, Code Enforcement Officer Richard Iachini, Code Enfarcement Clerk Susan Lorusso. Also present was Chief of Police Michelle Morris. 3. Mr. Hancock swore in staff and all persons that would be speaking. 4. Initial Hearing of Appeal of Fines for Remediation of Violation: Case No. CE-12-17411 CAJO Enterprises, Inc. 326 Bayharbor Terrace Sec. 54-3-14.8 Residential Landscaping Requirements Magistrate Hancock announced that this case has come into compliance and Mr. Ginsburg said it is withdrawn. Case No. CE-12-14225 Joseph Patrick Graham III, Property Owner Kenneth Reid, Tenant 385 Bayharbor Terrace Sec. 54-1-2.3 Required Permits Mr. Ginsburg asked Richard Iachini to identify himself, which he did. Mr. Iachini then gave testimony detailing the violation of a structure that was erected at this property without a permit. The tenant cannot pull the permit as he is not the owner of the property, the owner cannot pull the permit as he does not live at the property, so the only recourse is for a registered contractor with the city could pull a permit to construct the structure. Mr. Iachini presented photos first to Mr. Reid, who said they were photos of the structure on his property, and gave them to Magistrate Hancock for evidence in the file. Mr. Ginsburg asked Mr. Iachini how long he thought it would take to remove the structure and he said one to two days. Mr. Kenneth Reid approached and identified himsel£ Mr. Reid said he hired Randy Hines, a registered contractor, who said he would now need an aluminum structure engineer to sign off on the structure. Mr. Ginsburg asked Mr. Reid how long he would need to remove the structure. Mr. Ginsburg expressed the city's concern that a partially removed structure would remain on the property. Mr. Reid responded he could have it completely removed in three to four days weather permitting. Mr. Ginsburg reminded Mr. Reid that there will be a penalty for every day the structure remains after the final date of removal designated by the Special Magistrate. Magistrate Hancocic stated based on the evidence he will enter an order for payment of the $134.10 administration cost and give Mr. Reid five days to entirely remove the structure. Mr. Reid said he does have the money to pay the $134.10 and asked if he could possibly work it off for the city. Magistrate Hancock said he could not make that decision and suggested he speak with the city manager to see if there is some work he could bid on. Case No. CE-12-15963 Kenneth Reid 385 Bayharbor Terrace Sec. 30-3L Term of local business tax receipt when tax due; delinquencies. Linda Lohsl identified herself as the Business Tax Specialist for the City of Sebastian. Answering questions by Mr. Ginsburg Ms. Lohsl testified that Mr. Reid came to her office four years ago to open a business at which time he paid the business tax fee. Since then, he has not responded to any of the future billings. Ms. Lohsl stated that the fees owed are $264.00 plus $49.50 penalties. She added if the business owner does not notify her of inactivity the fees will continue to accumulate. Richard Iachini identified himself and responded to Mr. Ginsburg's questions. Mr. Iachini testified that he received several complaints about Mr. Reid's vehicle being parked at 385 Bayharbor Terrace. Mr. Iachini then checked to see if his business tax receipt was current, and found that it was not. Mr. Iachini then presented photos he took on the morning of July 17, 2012 and Mr. Reid had no objection to the photos being entered into evidence. Mr. Iachini said the administrative fees for this case are $134.10. Mr. Reid testified that he was unaware that the business tax receipt fees were accumulating as he was not working that business but did work at other jobs. He explained that the work he was expecting to obtain did not come in and finds himself in a financial bind. Magistrate Hancock explained that the by driving the truck around with his business name and phone number printed on it give the impression that Mr. Reid is operating that business although he does not have a current business tax receipt paid on it. Ms. Lohsl explained how the delinquent fees and penalty were calculated. Magistrate asked for a recommendation from Mr. Ginsburg. Mr. Ginsburg felt the city would be able to work with Mr. Reid on a payment plan. He added it is not the city's intent to impose penalties or punishments but to insure that those who do business in the city pay the $66.00 per year to do business in the city. Mr. Ginsburg stated that if Mr. Reid was not going to be in the business then the truck would have to be painted to remove his business name and information; however, if he was going to continue to be in business, he needs to pay the tax. Mr. Ginsburg suggested this case be held in abeyance until August 21, 2012 Magistrate Hearing and in that time the city can see how Mr. Reid completes the order of the previous case. Magistrate Hancock and all parties were in agreement. 2 Case No. CE-12-17355 Catherine R. Bennett 936 Schumann Drive Sec. 54-2-7.7 Walls and fences. Mr. Ginsburg called Mr. Iachini, who identified himself. Mr. Iachini testified he received an anonymous call about a fence in dilapidated condition, which was confirmed by his inspection. Mr. Iachini presented photos taken at the property the morning of July 17, 2012 depicting missing boards, loose supports, and sections being held up by concrete blocks on the public sidewalk. Mr. Iachini stated he has spoken to the tenants of the property, who were unresponsive as to the person collecting their rent or having responsibility. Certified mail was sent to Ms. Bennett at the address listed on the property appraiser's tax list. In 2007 Ms. Bennett did receive mail at this address but now in 2012 the letter was returned. Administrative costs on this are $96.60. Magistrate Hancock asked Mr. Iachini if he posted the property and he answered in the affirmative. Mr. Ginsburg offered the recommendation of the proposed order giving the property owner 30 days to rectify the situation after which time if it is not done a fine of $20.00 per day be imposed every day thereafter. Additionally, the administrative fee of $96.60 also is to be paid. Magistrate Hancock entered the order as recommended by Mr. Ginsburg. 5. The hearing was adjourned at 3.01 pm.