HomeMy WebLinkAbout09-13-2023 ExhibitsCity of Sebastian
Special Magistrate Hearing
Date: September 13, 2023 @ 10:00 A.M.
Case Number: CE 20-056011
In the Matter of: Chad S. Englert and Nicole M. Cotton
Property: 168 Harris Driver Sebastian, FL 32958
EXHIBIT LIST
Exhibit (Number or Description
Letter)
1 Computer Aided Dispatch (CAD) Calls for Service
2 Initial Notice of Violation and Accompanying Photographs
3 Notice to Appear for September 13, 2023 Hearing/
Certified Mail and Photographs
4 Photographs of Structure on the Date of the Hearing
Sebastian Police Department
CAD Cali Logs
Time Period 05/12/2021- 05/12/2021
C284mil
Time Received Situation Location
12/31/2020 11:03:02 S58 (Code Vinlations) 16811ARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
Iachini. Richard James Self Intiated Iachini, Richard James Written Warning Given
Responding Personnel
Unit/Role Dispatched En Roate On Scene Transport Trans/Arrs- Trans/Dprt In Quarters Cleared Unit Disposition Total Taae
40-672•Priman• 11-03:03 11:03:03 11:03:03 11:25:28 Written Warning Given 00:22:25
Responder lachini. Richard James (672) Start Mileage End Mileage Total 4llilage
Total Time: 00:22:25
Call Notes
An IV31/2020 at 11:031achW, Richard .lama logged:
Call Created
On 12/31/Z020 at 11:251achiui. Richard James logged:
BUILDING PERMIT REQUIRED FOR CANOPIES ATTACHED TO GARAGE. OWNER GIVEN 30 DAYS TO OBTAIN AN A17TER THE.
FACT PERMIT.
On 12131/2020 at 11:2s laehini. Richard James logged:
Call Closed
Tots! C:8113: 1
Overall Total Time: 00:22:25
Page 1 of 1
Sebastian Police Department
CAD Call Logs
Time Period 05/12/2021- 05/12/2021
C21-05532
Time Received Situation Location
02/09/2021 08:04:47 S928 (Reinspection) 168 HARRIS Dr
Despatcher How Received Contact Primary Officer Disposition
lachini. Richard James Sclf Intiated lachini, Richard James Violation Not Complied
Responding Personnel
Unit/Rele Dispatched En Route On Sane Transport Trans/Arr Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90.672:PrimM 08:04-:49 09:04 50 08:04:50 08:08:36 Violation Not Complied 00:03:47
Responder lachini. Richard James (672) Start Mileage end Mileage Total NUIxSe
7ctalrime. 00:03:47
Call Notes
On 02/09/2021 at 08:04 fachini, Richard .tenses logged:
Call Created
On 02/0912021 at 08:08 lachini. Richard James logged:
REINSPECTED PROPERTY, REFERENCE CALL#20-056011. VIOLATION NOT COMPLIED. OWNER WILL RECEIVE A CERTIFIED
LETCER UPON DUE PROCESS.
On 02/09/2021 at 03:08 laebini, Richard James logged:
Call Closed
Total Calls: i
Overall Total Time: 00:03:47
Page 1 of 1
Sebastian Police Department
CAD Call Logs
Time Period 05/12/2021 - 05/12/2021
C21-00M*
Time Received Situation Location
02/13/2021 10:00:36 S92B (Rcinspcction) 168 HARRIS Dr
Dispatcher Haw Received Contact Primary Officer Disposition
Iachini, Richard James Self Intiated Iachirti, Richard James Property Posted For Abatement
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trana/Arry Tr2us/Dprt In Quarters Cleared Unit Disposition Total Time
90-672.-Wmaq 10:00:36 10:00:36 10:00:36 10:08:59 Property Posted For Abat 00:08:22
Responder lachini, Richard James (672) Start Mileage _ End Mileage Total Mila=e__ -
Total Time: 00:08:22
Call Notes
On 02/13/2021 at 10:00 lachi" Richard James logged:
Call Created
On 02/13/2021 at 10:110 IsebiaL Richard James logged:
REINSPECTED PROPERTY, REFERENCE CALL
3
On 02/13/2021 of 10:08 lachink Richard James logged:
REINSPECTED PROPERTY; REFERENCE CALL 420-0560 11. VIOLATION NOT COMPLIED. PROPERTY POSTED FOR ABATEMENT
AND PHOTOS TAKEN.
On 02/13/2021 at 10:08 lachini, Richard James logged:
Call Closed
total Calls:
Overall Total Time: 00:08:22
Page i or i
Sebastian Police Department
CAD Call Logs
Time Period 05/12/2021- 05/12/2021
C21- 10161
Time Received Situation Location
05/0112021 08:29:44 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
lachini, Richard lames Self Intiated IachinL Richard James Property Posted For Abatement
Responding Personnel
tinier Dispatched Ea Route On Scene Transport Trans/Am• Trans/Dprt in Quartos Cleared Unit Disposition Total Time
90-671IVirnM 09:29:45 09:29:45 08:29AS 08:44:57 Property Posted For Abat 00:15:12
Responder lachini. Richard Jam= 672) Start Mileageend Mileage Total Milage
�..�.�..._- ----- --------- .—_----__._ ...-------- - . __--- Total Time: 1T0:15:12
Call Notes
On OSMI/2021 at 08:29 lachini. Richard Jame: logged:
Call Created
On 05/01/2021 at 08:44 tachini, Richard James loE6ed:
REINSPECTED PROPERTY, REFERENCE CALL #20-056011. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETCER TO
APPEAR BEFORE SPECIAL MAGISTRATE ON 5/18/2021. PHOTOS TAKEN.
On 05/01/2021 at 08:44 lachini, Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:15:12
Pagc I of 1
Sebastian Police Department
CAD Call Logs
Time Period 04/13/2022 - 04/13/2022
G;Y149.
Time Received Situation Location
10/21/2021 12:39:36 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary UlHcer Disposition
Bloomfield, Curtis Self Intiated Bloomfield, Curtis Property Posted For Abatement
Responding Personnel
Vait/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Dbposition Total Time
92-674. Primary 12:38:37 12:38:37 12:38:37 13:01:42 Property Posted For Abat 00:23:05
Responder Bloomfield. Cuffs (674) Stan MOeage End Mileage Total MILge
.,_..__--—_----.�-- ---- --�— --- -- •------'Total rime: 00:23:05
Call Notes
On 10/21/2021 at 12:38 Bloomfield, Curtis logged:
Call Created
On 10/21/2021 at 12:40 BloomtleK Curtis logged:
A copy of the notice of hearing letter was posted for the Special Magistrate that is scheduled to be heard on 11 /23/2021 for
case#20-056011.
On 10121/2021 at 13:01 Bloomf eK Curtis logged:
Call Closed
Total Calls: l
Overall Total Time: 00:23:05
Page 1 or 1
C21-053575
Time Received
12/09/2021 11:42:34
Dispatcher
Iachini, Richard lames
Responding Personnel
Situation
S92B (Reinspection)
How Received
Self Intiated
Sebastian Police Department
CAD Call Logs
Time Period 08/25/2023 - 08/25/2023
Contact
Iacbini, Richard James
IAcadon
168 HARRIS Dr
Primary Officer Disposition
Property Posted For Abatement
UnWitak Dispatched En Route On Seeae Transport 7Yans/Arry Trans/Dprt In Quarters Cleared Unit Disposition T W Irate
90.672/Piimary 11.42:36 11.4236 11.42.36 11:51:49 Properly Posted For Abat 00.09:13
Responder tachin4 Richard James (672) Start Maur End Mikase T01W Mllage
7btal Time: 00.09:13
Call Notes
on 12/09/2021 at 11:42 lachink Richard James logged:
Call Created
On 12/09/2021 at 11:51 laetdnl. Rickard James logged:
REINSPECTED PROPERTY, REFERENCE CALL #2"56011. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETTER TO
APPEAR BEFORE SPECIAL MAGISTRATE ON 1 A I /22 AT 14:00 HOURS. PHOTOS TAKEN.
on 12/09/2021 at 1151 lacbK Rickard James logged:
Call Closed
Total Cu1s:1
Overall Total Time: 00:09:13
Page 1 of 1
Sebastian Police Department
C22-005592
Time Received
02/14/2022 11:32:31
Dispatcher
Iachini, Richard lames
Responding Personnel
Situation
S92B (Reinspcction)
How Received
Self lntiated
CAD Call Logs
Time Period 08/25/2023 - 08/25/2023
Contact
IachK Richard James
Location
168 HAMUS Dr
Primary Officer Disposition
Property Posted For Abatement
Urtlt/Role Dispatched En Routt On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90.672/Primsry 11:32:33 11:32:33 11 *32:33 l 1:38:03 Property posted For Abat 00:05:30
Responder Iachini, Richard lames (672) Start Mi2cage End Mileage Total Mibtge
Total 71me: 00:05:30
Call Notes
On 02/14/2022 at 11:32 Iachful, Richard James logged:
Can dated
On 02/14/1022 at 11:37 lachiai, Richard James logged:
REINSPECTED PROPERTY, REFERENCE CALL #2"56011. VIOLATION NO COMPLIED. PROPERTY POSTED WITH LETTER TO
APPEAR BEFORE SPECIAL MAGISTRATE. ON 3/ 15/ 2022. PHOTOS TAKEN.
On 02/14/2022 at 11:381achlni, Richard James logged:
Call Closed
Total Calls: I
Overall Total rime: 00:05:30
Page, 1 of 1
Sebastian Police Department
CAD Call Logs
Time Period 04/13/2022 - 04/13/2022
Time Received Situation Location
03/18/2022 11:43:17 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
lachini, Richard James Self Intiated lachini, Richard James Property Posted For Abatement
Responding Personnel
llnit/Rolt Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672!Priniary 11:43:14 11:43:19 11:43:19 11:50:34 Property Posted For Abat 00:07:15
Responder tachini, Richard (672)._.�..__._..___._� Start Mileage End �........_....----..__ •------_____...__.
elm iltffcagc Total MEf e
Total lime: 00:07:15
Call Notes
On 03/18/2022 at 11:43 Iachfaf, Richard James Iogged:
Call Created
On 0311fi/2022 at 11:50 lachful, Richard James logged:
REINSPECTED PROPERTY, REFERENCE CALL #20-05611. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETTER TO
APPEAR BEFORE SPECIAL MAGISTRATE ON 4/19/2022 @14:00. PHOTOS TAKEN.
On 03fl=022 at 11:50 Iachini, Richard James Iogged;
Call Closed
Total Calls: I
Overall Total Time: 00:07:15
Page I nC I
C22-017128
Time Received
W2002210:02:13
Dispatcher
Iachini, Richard James
Responding Personnel
Situation
S58E (Code Service)
Now Received
Self Intiated
Sebastian Police Department
CAD Call Logs
Time Period 08/25/2023 - 08/25/2023
Contact
Iachini, Richard James
Location
168 HARRIS Dr
Primary Officer Disposition
Code Service Rendered
unit/Rols Dispatched En Route On Sane Transport Wans/Arry TransMprt In Quarters C leered Unit Disposition Total 71me
9D472/Priaary 10:02:14 10:02:15 10:02:15 10:11.43 Code Service Rendered 00:09:29
Respoader tachinL Richard James (672) Start Mpgge End Mage Total Mane
Total Time: 00:09:29
Call Notes
On 04f=022 at 10:02 hchK Richard James logged:
Call Created
On 04=022 at 10:111achlni, Richard James togged:
DELIVERED A COPY OF ORDER FROM SPECIAL MAGISTRATE CASE REFRENCE CASE #20-056011 . HEARING ON 4/19/2022 @14:00.
PHOTO TAKEN. HANDED ORDER TO NICOLE M. COTTON. THIS WAS DONE BY REQUEST OF SEBASTIAN CITY ATTORNEY
MANNY ANON. CODE SERVICE RENDERED.
On OLMM22 at 10:11 laehini, Richard James logged:
Call Closed
Total Calls: I
Overall Total Time: 00:09:29
Page 1 of 1
C22-045VA
Time Received
10/27/2022 0938:23
Dispatcher
lachini, Richard James
Responding Personnel
Situation
S92B (Reinspection)
How Received
Self Indated
Sebastian Police Department
CAD Call Logs
Time Period 08/25/2023 - 08/25/2023
Contact
Iachini, Richard James
Location
168 HARRIS Dr
Primary Officer Disposition
Property Posted For Abatement
Unit/Role Dispatched En Route On Scene Transport Trans/Arry TranaMprt In Quarters Cleared Unit Disposition 'Total Time
W67211'rimary 09..3834 09:38:24 09:3814 09:49:45 Property Posted For Abat 00:11:21
Render lachini, Richard James (672) Start Mileage Ead Mileage Total Mllage
Total Time: 80:11:21
Call Notes
On 10/27/2022 at 09:381achlni, Richard James logged:
Call Created
On 10/27/2022 at 09:49 Inchhri, Richard James logged:
REINSPECTED PROPERTY, RFERENCE CALL #20-056011. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETTER TO
APPEAR BEFORE SPECIAL MAGISTRATE HEARING ON l l/29/2022 a@14:00. PHOTOS TAKEN.
On lea7/2022 at 09:49 Iachiai, Rkhard James logged:
Call Closed
Total Calls:
Overall Total 71we: 00:11:21
Page 1 of 1
Sebastian Police Department
C22-049549
Time Received
11/29/2022 08:51:58
Dispatcher
Iachini, Richard James
Responding Personnel
Situation
S92B (Reinspection)
How Received
Self Intiated
CAD CaU Logs
Time Period 08/25/2023 - 08/25/2023
Contact
Iachini, Richard James
Location
168 HARRIS Dr
Primary Officer Disposition
Violation Not Complied
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Tmas/Dprt In Qaarten geared Unit Digwsidoo Total Time
90-672/Primfy 08-52:00 08:52:00 08:52:00 08:39:33 Violation Not Complied 00:07:53
Respcader Iachini, Richard James (672) Start Mileage End Mileage Total Mllage
Total Time: 00:07:53
Call Notes
On 11/29/2022 at 08:91 lachhri, Richard James logged:
Call Created
On 11/2 =22 at 08:59 Iachini, Richard James logged:
RENISPECTED PROPERTY, REFERENCE CALL #20-056011. PROPERTY NOT IN COMPLIANCE. PHOTO TAKEN.
On 11/29n822 at 08:59 Iachini, Richard James logged:
Call Closed
Total Calls:1
Overall Total Time: 00:07:53
Page 1 of l
C23-024688
Time Received
05r23rzo2311:16:57
Dispatcher
Iachini, Richard James
Situation
S92B (Reinspection)
How Received
Self Intiated
Sebastian Police Department
CAD Call Logs
Time Period 08125/2023 - OS12512023
Contact
Iachini, Richard James
Lacation
169 HARRIS Dr
Primary Officer Disposition
Violation Not Complied
Responding Personnel
UnitlRak Dispatched En Route On Scene Transport Traus/AM Trans/Dprt In Quarters Cleared Unit Di:padflon Total Time
90-672ftimary 11:16:58 11:16.59 11:16:38 113232 Violation Not Complied 00:15:34
Responder Isehini, Richard James (672) Start Menge End Map Total Milage
Total Time: 00:15:34
Call Notes
On 05/23120I3 at 11:16I:thW4 Richard James togged
Call Created
On 05R3/2023 at 11:30 Iachini, Rkhard James togged:
REINSPECTED PROPERTY, REFERENCE CALL f#20-056011. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETTER TO
APPEAR BEFORE SPECIAL MAGISTRATE ON RUNE 27th AT 10:00AM. PHOTOS TAKEN
On oSM/2023 at 11:32 Iachini, Rkhard James logged:
Call Closed
Total Calls: I
Overall Total Time: 00:15:34
Page I of I
C23-028842
Time Received
06/16f2023 10:45:52
Dispatcher
Iachini, Richard James
Situation
S92B (Reinspection)
How Received
Self Intiated
Sebastian Police Department
CAD Call Logs
Time Period 08/25/2023 - 08/25/2023
Contact
Iachini, Richard James
Location
168 HARRIS Dr
Primary Officer Disposition
Property Posted For Abatement
Responding Personnel
Unitmole Dispatched En Route On Scene Transport Trans/Arry 'Ihma*rt Ia Quarters Ckand Unit Disposition Total Zme
90.672/Piimary 10:45:53 10:45:54 10.45:54 11:05:14 Property Posted For Abat 00:19:21
Responder Iachini, Richard lames (672) Start mucage End Mileage Total Map
Total Tune: 0:19:21
Ca0 Notes
On 006/M at 10:45 Inebini, Richard James logged:
Call Created
On 06116f= at 11:04 lachinl, Richard James logged:
REINSPECTED PROPERTY, REFERENCE CALL #20-056011. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETTER TP
APPEAR BEFORE SPECIAL MAGISTRATE ON JULY 25th 2023 @10:00 IN THE CITY COUNCIL CHAMBERS 1225 MAIN STREET
SEBASTIAN,FL. 329S8 .PHOTOS TAKEN.
On 006R823 at 11:05 Iachini, Richard Jame logged:
Call Closed
Total Calls: I
Overall Total rme: 00:19:21
Page l of l
C23-035722
71me Received
08/07/2023 10:04:01
Dispatcher
Bloomfield, Curtis
Situation
S92B (Reinspection)
How Received
Self lntiated
Sebastian Police Department
CAD Call Logs
Time Period 08/25/2023 - 08/25/2023
Contact
Bloomfield, Curtis
Location
168 HARRIS Dr
Primary Officer Disposition
Property Posted For Abatement
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Thee
92-674Mdmsry 10.04:02 10:04:02 10:04:02 10:13:38 Property Posted For Abat 00.09:36
Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage
Total Mme: 00.09:36
Call Notes
On 08/07/2023 at 10:04 Bloomfield, Cards logged. -
Call Created
On 0SM7=23 at 10:05 Bloom&14, Cards Ioggod:
26-81. The property is posted with a copy of the Special Magistrate Hearing, which is scheduled for 9/13/23 for case#20-05601 1.
On OM12023 at 10:13 Bloomfield, Curtis loomed:
Call Closed
Total CWh:1
Overall Total Time: 00:09:36
Page 1 of I
EXHIBIT
0�I
NOV 8 pos* z(Ozi
City of Sebastian
Sebastian Police Department
1201 Main Street • Sebastian, FL 32958
Telephone: (772) 388-4436
NOTICE OF VIOLATION
Date •2D Time 11'--G
—_ _
Served on
As Owner, Resident or Agent of property located at
jwe��s
Inspection of prope indicates v
a violation of City
Ordinance ection _ Vie_eAr
You are hcreby no ed t correct the above violation
within ays h rs from the above date and
time of this no . F lure to comply could result in
a lien of your property, a notice to appear in county
court, or fines of up to $250.00 a day, every day the
violation exists. You have the tight to appeal this
Notice of Violation to the City of Sebastian Special
Magistrate for Code Enforcement. If you have any
questions please call.
Seree , y:
4ef5forcerneent Officer
Wayne Eseltine
From: Dorri Bosworth
Sent: Tuesday, June 15, 2021 5:51 PM
To: 'Nicole Cotton'
Cc: Wayne Eseltine; Manny Anon; Richard lachini
Subject: RE: 168 Harris Dr. Applicable Code Sections
Attachments: Sec. 54-2-7.5. Accessory structures.pdf; Definitions.docx
Hello Ms. Cotton - Please see the email below from the city's Building Official, and attached code sections, regarding the
requirement for a building permit.
We look forward to meeting with you on Monday.
Regards,
Dorri Bosworth, Manager/Planner
Community Development Department
City of Sebastian
1225 Main Street, Sebastian, Florida 32958
(772) 589-5518 (772) 388-8248 fax
dbosworth@cityofsebastian.org
From: Wayne Eseltine
Sent: Monday, June 14, 2021 5:33 PM
To: Dorri Bosworth
Subject: 168 Harris Dr. Applicable Code Sections
Dorri,
Regarding unpermitted carport structures attached to the accessory metal building that was permitted and approved
under permit no. 19-000245.
I reviewed the pictures of the carport structures that were built and attached to the existing metal accessory building.
This type of carport structure is required to have a building permit in accordance with the Florida Building Code and City
Code of Ordinances. This structure contains a ridged roof system and columns that is subject to hurricane force winds
and exerts additional loads on the metal accessory building. The permit application will require a design professional to
prepare plans showing construction details to resist applicable wind loads as required by the Florida Building Code.
The following code sections from the City Code of Ordinances and Florida Building Code sections and definitions that are
applicable to this situation.
Citv of Sebastian Code of Ordinances:
26-81
(a)Before any building or structure of whatsoever nature shall be erected or constructed within the corporate limits
of the city, or any addition shall be made to any existing building or structure within the corporate limits of the city,
the owner, contractor, person building or responsible for building such building or structure or making such
addition thereto shall complete an application for a building permit from the city for such erection, construction or
addition. No building or structure shall be erected in the city nor any addition made to any existing building or
structure in the city unless a permit therefore has been granted as provided by this article and no work shall be
done in connection with any such building or addition unless such permit has been granted. All applications for
such permit shall be made to the building official. Such applications shall be signed by the applicant and shall
state thereon:
(1) The location of the proposed structure, building or addition;
(2) The owner and contractor or builder thereof;
(3) The distance of the building or structure from the street and property lines;
(4) The character of the building and the material of which the walls and roof are to be constructed;
(5) The purpose for which the building is to be used; and
(6) The approximate cost and dimensions thereof. The building permit fees will be based on the greater of the
actual cost of the project or the approximate cost gained from the latest edition of "International Code
Council Building Valuation Data".
(7) The application shall have the original signature of the owner or his authorized agent.
(b)No permit shall be issued until approved by the city building official. The city building official shall approve or
reject the application for permit within a reasonable time after filing the submission of application for permit.
(c)The building permit shall be issued by the building official upon his approval.
(d) Building permit fees shall be established by resolution.
Florida Buildina Code 7'h Edition 2020 is in effect:
104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper
operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for
the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be
determined by the building official.
105.1Required.
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move,
demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to cause any such work to be performed,
shall first make application to the building official and obtain the required permit.
Definition:
202
STRUCTURE. That which is built or constructed.
1604.1General.
Building, structures and parts thereof shall be designed and constructed in accordance with strength design, load
and resistance factor design, allowable stress design, empirical design or conventional construction methods, as
permitted by the applicable material chapters.
1604.2Strength.
Buildings and other structures, and parts thereof, shall be designed and constructed to support safely the
factored loads in load combinations defined in this code without exceeding the appropriate strength limit states
for the materials of construction. Alternatively, buildings and other structures, and parts thereof, shall be
designed and constructed to support safely the nominal loads in load combinations defined in this code without
exceeding the appropriate specified allowable stresses for the materials of construction.
Loads and forces for occupancies or uses not covered in this chapter shall be subject to the approval of
the building official.
12111 1•laiu SU t•et, Sebastian, Florida 32958
i ode Enli,reement Division
772-584-5233 Hotline:772-388-4436
NO'I'ICF'1'0 APPEAR REFERENCE VIOLATION 1J 'ARI!TG
BFFORE THE CODE ENFORCEMENT lPFCTAI _ . ISTRATE
May 23, 2023
IN THE MATTER OF:
CASE NO: 20-05601 1
CHADWICK S. ENGLERT & NICOLE M. COTTON
168 H.-\RRIS DRIVE
SEBASTIAN, FL 32958
ADDRESS OF VIOLATION: 168 HARRIS DRIVE.
SEBAS'1'IAN, FL 32958
The lull legal description of the real properly upon which these violations occur is: Sebastian Highland,
Tiu_ 5641 Lots 13 & 14, PBI 8-45•
ATrEtiTION:
The Code Enforcement Division of the City of Sebasti
ant
Of Lire Code of Urdislarlec of the City of Sebastian, has previously notified
following violation was not corrected wi The Code Enforcement Division u of conte ds that then
the City of Sebastian Section 54-4-18.2, the C m the specified time given. Per Land Development
Magistrate to be heard on the alleged vgolation Code
Erif o,,ewtng.
ment Division is bringing you before hCode of
Sec. 2"1 Required permits special
la> i3et°r- any buildin>
t le structure corporate limits of [he city, or nature
° Whatsoever
all in the Corporate limits °f any addlaOn shall shall be erected or
budding such hutldtn •rot the city, the shall be made to any oxislint, It°nstructc•d is itaut the
apphcatinn tot a burr;f ,tg ►+ter` cture or makin s contractor, person l,c; LLtiding or structure
building or structure shalt snit front ci 8 such alddition Cher liciing err rr.. ,
or structure in thr- t>L erected in ty for such c•n to stall c ontl,l,,tc l<trt'3siGfr !or
't�` Unlessa the ci ttor titian. consln,. no N'°rk ehalr tag dour. ,tt CO Permit that • ant adilntou nr.i, 3<, t"l,•In ur arlili t�r>n. Nc,
been rdraed .•\h �'.: atilt It}t tRtl . V%bu
g 'Pt nation%v' ore lu: i•or•,r u y „
applu'ttoj" 1;.•l:. N-- "Ot." for yUClt IK •an'�r y`I r.'uliUild ur& art .gldrl r<,n•,<•!•`•j h. ihra.uY`<.,Iv arr<!
EXHIBIT
702E 1670 0000 6827 2154
gEBASTIgN
PGLICE
Of PARTMI_hT
P �
h
� ro
7022 1670 0000 6827 2147
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
772-589-5233 Hotline:772-388-4436
NOTICE TO APPEAR REFERENCE VIOLATION HEARING
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
August 04, 2023
IN THE MATTER OF: CASE NO: 20.056011
CHADWICK S. ENGLERT & NICOLE M. COTTON
168 HARMS DRIVE
SEBASTIAN, FL 32958
ADDRESS OF VIOLATION: 168 HARRIS DRIVE
SEBASTIAN, FL 32958
The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 16,
Blk 564, Lots 13 & 14, PBI 845.
ATTENTION:
The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation
of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the
following violation was not corrected within the specified time given. Per Land Development Code of
the City of Sebastian Section 544-18.2, the Code Enforcement Division is bringing you before the Special
Magistrate to be heard on the alleged violation of the following:
Sec. 26-81 Required permits
(a) Before any building or structure of whatsoever nature shall be erected or constructed within the
corporate limits of the city, or any addition shall be made to any existing building or structure
within the corporate limits of the city, the owner, contractor, person building or responsible for
building such building or structure or making such addition thereto shall complete an
application for a building permit from the city for such erection, construction or addition. No
building or structure shall be erected in the city nor any addition made to any existing building
or structure in the city unless a permit therefore has been granted as provided by this article and
no work shall be done in connection with any such building or addition unless such permit has
been granted. All applications for such permit shall be made to the building official. Such
applications shall be signed by the applicant and shall state thereon:
Englert/Cotton
August 04, 2023
Page two
Accordingly, the Special Magistrate has scheduled this matter for a hearing on Wednesday the 13'
day of SEPTEMBER, 2023 at 10:00 A.M. at City Council Chambers, 1225 Main Sftwti Sebastian,
Florida.
YOU ARE REQUESTED to appear before the Special Magistrate at that time to answer and defend the
allegations that you have violated the above cited provisions of the Code of Ordinances of the City of Sebastian.
If you fail to attend, the Special Magistrate may base his findings and act solely on the presentation made by the
Code Enforcement Division.
If the violation is corrected and then recurs, or if the violation was not corrected within the time specified for
correction by the code inspector in the prior notice, the case may be presented to the Code Enforcement
Special Magistrate even if the violation is corrected prior to the hearing.
Ruc uwdl.razhww
By
Richard Iachini
Code Enforcement Officer #672
Englert/Cotton
August 04, 2023
Page Three
SPECIAL MAGISTRATE BEARING
You may appear with or without an attorney. You have a right to subpoena witnesses and
documents and cross-examine the other party's witnesses. Subpoenas are available at the office of
the City Attorney.
If the Special Magistrate finds that you have committed a violation, he may order immediate
compliance with the Code and provide in the order, in the event of failure to comply with the order
within a period of time set forth therein, that a fine NOT TO EXCEED $250.00 per day be imposed
for the period of non-compliance. If the City prevails in prosecuting the case before the Special
Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case (F.S. Chapter
162.07(2)).
If any decision of the Special Magistrate affects you, and you decide to appeal any decision made at
this meeting with respect to any matter considered, you will need a record of the proceedings and for
such purposes, you may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is based.
(State law requires the above notice. Anyone desiring a verbatim transcript shall have the
responsibility, at his/her own cost, to arrange to provide the transcript.)
Please be advised the conduct of the Special Magistrate hearing as defined under Florida Statute
Chapter 162.07 will be followed. Please conduct yourself accordingly.
City of Sebastian Code Enforcement
Englert/Cotton
August 04, 2023
Page Four
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement
Special Magistrate was ailed/delivered to the above named violator at the address stated above this
`* -6L% day of Z LA Gu S-t,- , 2023.
By j
Curtis Bloomfield
Code Enforcement Officer. # 74
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Sebastian Police Department
CAD Call Logs
Time Period 09/13/2023 - 09/13/2023
C23-040911
Time Received Situation Location
09/13/2023 07:20:11 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
Iachini, Richard James Self Intiated Iachini, Richard James Violation Not Complied
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672/Primary 07:20:12 07:20:12 07:20:12 07:32:37 Violation Not Complied 00:12:25
Responder Iachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:12:25
Call Notes
On 09/13/2023 at 07:20 Iachini, Richard James logged:
Call Created
On 09/13/2023 at 07:32 Iachini, Richard James logged:
REINSPECTED PROPERTY REFERENCE CALL# 20-056011 VIOLATION NOT COMPLIED. PHOTOS TAKEN FOR SPECIAL
MAGISTRATE HEAR THIS MORNING 09/13/2023 @ 10:00 AM IN CITY COUNCIL CHAMBERS.
On 09/13/20I3 at 07:321achini, Richard James logged:
Call Closed
Total Calls: l
Overall Total Time: 00:12:25
Page 1 of 1
Sebastian Police Department
CAD Call Logs
Time Period 09/13/2023 - 09/13/2023
b3-040911
Time Received Situation Location
09/13/2023 07:20:11 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
lachini, Richard James Self Intiated lachini, Richard James Violation Not Complied
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672/Primary 07:20:12 07:20:12 07:20:12 07:32:37 Violation Not Complied 00:12:25
Responder lachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:12:25
Call Notes
On 09/13/2023 at 07:20 lachini, Richard James logged:
Call Created
On 09/13/2023 at 07:32 lachini, Richard James logged:
REINSPECTED PROPERTY REFERENCE CALL# 20-056011 VIOLATION NOT COMPLIED. PHOTOS TAKEN FOR SPECIAL
MAGISTRATE HEAR THIS MORNING 09/13/2023 @ 10:00 AM IN CITY COUNCIL CHAMBERS.
On 09/13/2023 at 07:32 lachini, Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:12:25
Page I of I
Sebastian Police Department
CAD Call Logs
Time Period 09/13/2023 - 09/13/2023
t, 23-040911
Time Received Situation Location
09/13/2023 07:20:11 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
lachini, Richard James Self Intiated Iachini, Richard James Violation Not Complied
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90.672/Primary 07:20:12 07:20:12 07:20:12 07:32:37 Violation Not Complied 00:12:25
Responder lachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:12:25
Call Notes
On 09/13/2023 at 07:20 lachini, Richard Joints logged:
Call Created
On 09/13/2023 at 07:32 lachini, Richard James logged:
REINSPECTED PROPERTY REFERENCE CALL# 20-056011 VIOLATION NOT COMPLIED. PHOTOS TAKEN FOR SPECIAL
MAGISTRATE HEAR THIS MORNING 09/13/2023 @ 10:00 AM IN CITY COUNCIL CHAMBERS.
On 09/13/2023 at 07:32 lachini, Richard James logged:
Call Closed
Total Calls: l
Overall Total Time: 00:12:25
Page I of 1
Sebastian Police Department
CAD Call Logs
Time Period 09/13/2023 - 09/13/2023
C23-040911
Time Received Situation Location
09/13/2023 07:20� 11 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
lachini, Richard James Self lntiated lachini, Richard James Violation Not Complied
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672/Primary 07:20:12 07:20:12 07:20:12 07:32:37 Violation Not Complied 00:12:25
Responder lachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:12:25
Call Notes
On 09/13/2023 at 07:20 lachini, Richard James logged:
Call Created
On 09/13/2023 at 07:32 lachini, Richard James logged:
REINSPECTED PROPERTY REFERENCE CALL# 20-056011 VIOLATION NOT COMPLIED. PHOTOS TAKEN FOR SPECIAL
MAGISTRATE HEAR THIS MORNING 09/13/2023 @ 10:00 AM IN CITY COUNCIL CHAMBERS.
On 09/13/2023 at 07:32 lachini, Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:12:25
Page 1 of 1
Sebastian Police Department
CAD Call Logs
Time Period 09/13/2023 - 09/13/2023
C23-040911
Time Received Situation Location
09/13/2023 07:20:11 S92B (Reinspection) 168 HARRIS Dr
Dispatcher How Received Contact Primary Officer Disposition
lachini, Richard James Self Intiated Iachini, Richard James Violation Not Complied
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672/Ptimary 07:20:12 07:20:12 07:20:12 07:32:37 Violation Not Complied 00:12:25
Responder Iachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:12:25
Call Notes
On 09/13/2023 at 07:2012chini, Richard James logged:
Call Created
On 09/13/2023 at 07:32 Iachini, Richard James logged:
REINSPECTED PROPERTY REFERENCE CALL# 20-056011 VIOLATION NOT COMPLIED. PHOTOS TAKEN FOR SPECIAL
MAGISTRATE HEAR THIS MORNING 09/13/2023 @ 10:00 AM IN CITY COUNCIL CHAMBERS.
On 09/13/2023 at 07:32 Iachini, Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:12:25
Page 1 of I