Loading...
HomeMy WebLinkAbout08212012SM 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 August 21, 2012 L 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 and all persons that would be speaking. 4. Continuation Hearing of Code Violation: At the request of Mr. Ginsburg, Magistrate Hancock read both violation cases to be heard together. Case No. CE-12-15963 Kenneth Reid 385 Bayharbor Terrace Sec. 30-31. Term of local business tax receipt when tax due; delinquencies. 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 requested that the information presented at the prior hearing be part of the record. Magistrate Hancock stated that testimony from the July 17, 2012 hearing will be part of this hearing. Code Enforcement Officer Iachini introduced himself and updated Magistrate Hancock with regard to the removal of the structure and brining the business tax receipt up to date. Mr. Iachini presented photos taken this morning of the property at 385 Bayharbor Terrace. Mr. Iachini testified that the photos were a true representation of the property as it appears today. Mr. Reid had no objection to these photos being entered into the record and had no questions for Mr. Iachini. Mr. Ginsburg called Ms. Lorusso and asked if the records of the city indicate that the business tax has been paid. Ms. Lorusso responded they do not. Mr. Reid had no questions for Ms. Lorusso. At this time Mr. Ginsburg stated the city rests. Magistrate Hancock called on Mr. Reid to present his case. Mr. Reid testified that he took the structure down and came up with a plan to pay the business taxes. Mr. Reid stated that he would pay the current year and make payments on the previous years owed. Mr. Reid added that he placed the pieces of the structure on the ground and that nothing was attached. Mr. Reid also stated he was ready to pay this year's tax receipt and pay what is owed on a monthly charge. Magistrate Hancock asked to discuss the structure iirst. He inquired as to why the posts and frame were still intact. Mr. Reid stated that Mr. Iachini told him to take the top down, leave the structure and apply for a permit. Mr. Iachini explained that Mr. Reid told him he had a contractor that was a structure engineer and would help Mr. Reid obtain a building permit. Mr. Reid also told Mr. Iachini that the posts were buried four feet in the ground. Mr. Iachini said he was willing to let him keep the four posts up if he took everything else down. Mr. Iachini did not mean for everything else to be lying on the ground and against the house as the city has a junk ordinance in effect. Mr. Iachini also mentioned the additional boats and materials stored on the property. Mr. Ginsburg asked Mr. Reid how many boats are on the property. Mr. Reid responded that two are his personal boats, one he is holding for a friend, one is a neighbor's he ]ooked at and will be returning to the person. Mr. Ginsburg asked Mr. Reid if he understood that the city is trying to get him to clean up the property so it is not a nuisance and eyesore to the neighborhood. Mr. Reid agreed. Mr. Ginsburg stated Mr. Reid has an obligation to comply with the ordinances of the City of Sebastian. Mr. Reid stated that the two boats re his company boats. Mr. Ginsburg recommended leaving the order intact for the structure that was to be taken down within five days of the order and if not done a fine of $50.00 per day will be accrued and become a lien on the property. Mr. Ginsburg also said if Mr. Reid was willing to pay the business tax receipt that we would adjourn the proceedings so he may take care of that and we would reconvene and dismiss the proposed order on that case. Mr. Reid said he could not pay the full monies due but only a current year's business tax receipt. Mr. Reid also said he would have the remaining pieces of the structure removed. Mr. Ginsburg stated he will suggest to the Magistrate that that based on what Mr. Reid has said he, Mr. Reid, is requesting a continuation to the September 18, 2012 Special Magistrate hearing. Mr. Ginsburg stated that is not his recommendation to the magistrate. Magistrate Hancock asked for a copy of the order for case number 12-14225. Magistrate Hancock read the order to Mr. Reid quoting that if the structure was not removed five days after July 17th, a fine would be imposed. Mr. Reid said there was a miscommunication and he took just a portion of the structure down. Magistrate Hancock reaffirmed the order for case number 12-14225 and directed it be recorded, and giving Mr. Reid an opportunity to completely remove the structure and he could then prove to the city that the structure has been removed and at that time the city could possibly review and allow an abeyance of the fine. Magistrate Hancock stated with respect to case number 12- 15963, this was held in abeyance because you were going to remove the structure from the July meeting. Magistrate Hancock 2 stated he had no choice but to enter this arder. Magistrate Hancock stated his concerns regarding the photographs from the July hearing showing the truck with his business name and phone number displayed. He also stated his concern that Mr. Reid testified at the July hearing that if someone would call him for work he would do it, he parks his vehicle in a manner to advertise his business, and the photographs of today showing a boat in his side yard with his company name and phone number on it. Magistrate Hancock stated that based on the evidence he has no choice but to enter this order against Mr. Reid for non-payment of the business tax receipts. Magistrate Hancocic said he will enter the order and Mr. Reid should speak with the city's representatives for collection of the business tax receipts to see if they will set up a payment plan. Magistrate Hancock also said Mr. Reid is to call the Code Enforcement Department to inspect his property once the structure has been removed entirely. Mr. Iachini requested that taking the structure down is not enough as the city has a junk ordinance in effect. Mr. Iachini wanted to make sure Mr. Reid understood it must be down and removed from the property. 5. The hearing was adjourned at 2.33 pm.