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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
September 18, 2012
L The hearing was called to order at 2:20 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:
Magistrate Hancock read the violation case to be heard and called on Mr. Ginsburg.
Case No. CE-12-15963
Kenneth Reid
385 Bayharbor Terrace
Sec. 30-31. Term of local business tax receipt when tax due; delinquencies.
Mr. Ginsburg stated this case is for the payment of business tax receipt and the failure of Mr.
Reid to pay this fee and bring his account current. Mr. Ginsburg asked that this case be
dismissed from today's agenda and let the previous order stand. Magistrate Hancock noted
for the record that Mr. Reid is not present today and he will agree to the proposal regarding
the status of Case No. CE-12-15963.
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 called Code Enforcement Officer Iachini. Magistrate Hancock swore in Mr.
Iachini. Mr. Iachini presented photographs he took at 9:30 a.m. today of the property and
entered them into the record. Responding to the questions by Mr. Ginsburg, Mr. Iachini
confirmed that the owner of the property is Joseph Patrick Graham III; however his father,
Joseph Graham Sr., holds the mortgage. Mr. Iachini spoke with the Mr. Graham Sr.
approXimately four days ago to discuss the code issues at this property. Mr. Iachini also
stated the Mr. Graham's mailing address is 385 Bayharbor Terrace and mailings were not
being forwarded to him in St. Augustine, Florida, where he currently resides.
Mr. Iachini described the violation at the property as a structure built at the rear of the
residence without a building permit. Mr. Iachini confirmed that the structure had been
removed. Mr. Ginsburg asked as of today is there a building permit issue with the property
and Mr. Iachini said there is no building permit issue with the property.
Mr. Ginsburg asked Magistrate Hancock to vacate the previous orders with respect to the
subject property and the building permit violation. Mr. Ginsburg added that violation has
been corrected and cured. Magistrate Hancock agreed with Mr. Ginsburg's request and will
vacate the previous orders on case number CE-12-14225 relating to the structures built on the
rear of the property and the lack of a permit.
Mr. Ginsburg then called Magistrate Hancock and Mr. Iachini's attention to the photographs
of this morning. Mr. Ginsburg questioned Mr. Iachini if the photographs depicted other code
violations at the property and Mr. Iachini answered in the affirmative. Mr. Iachini described
the violations as showing Mr. Reid is doing his business on the premise and he is showing
outside storage, which is against the city's ordinance and he also has multiple recreational
vehicles on the property and knowing he can only have two. Mr. Ginsburg concluded the
testimony and evidence at this time and indicated to the hearing officer that we will cite those
violations and worlc with the property owner to have them cured. Magistrate Hancock
requested to record show that since the first hearing in July regarding this property those
violations were present.
5. The hearing was adjourned at 2.31 pm.
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