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Home My WebLink AboutC24-046279 EXHIBIT 3 NOH LETTEREXHIBIT N - 0710 5270 1280 0- DEPARTME)V7 POF 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 February 20, 2024 IN THE MATTER OF: CASE NO: 23-046279 GREGORY CARNEY & LARRY TIMMERMAN 1311 WHITMORE ST. SEBASTIAN, FL 32958 ADDRESS OF VIOLATION: 1311 WHITMORE ST. SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands UNIT 13 BLK 315 LOT 19 PBI 7-82B. Parcel ID# 31382600001315000019.0 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 54-4-18.2, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: (6) Sec. 67-1 Noises; unnecessary and excessive prohibited. A. It shall be unlawful and a violation of this section for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. Accordingly, the Special Magistrate has scheduled this matter for a hearing onTuesday the 191h day of March, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Carney/Timmerman February 20, 2024 Page two 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. By G? Richard Iachini Code Enforcement Officer #672 Carney/Timmerman February 20, 2024 Page Three SPECIAL MAGISTRATE HEARING 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 Carney/Timmerman February 20, 2024 Page Four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Special Magistrate was mailed/delivered to the above named violator at the address stated above this -.Z day of /`=-ems , 2024. By Richard Iachini Code Enforcement Officer #672 COMPLETE ■ Complete items 1, 2, and 3. SiF'11'� ■ Print your name and address on the reverse ❑ Agent so that we can return the card to you. ❑ Address ■ Attach this card to the back of the mailpiece, B. RLceive jV (Printed Name) or on the front if space permits. .'-( y },. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No (o rv®y Carney 1311 JGd AJ �i fir �%31J1.f� III 1l�l�l I'll I'I I II'I I l I II II III�'II I � I ll l!i �Il 9590 9402 8408 3156 9986 29 2. Article Number (Transfer from service label) 9fall'f d7/0 JD�70 12.Ae oy,416.� Ps Form 3811. July 2020 PSN 7530-02-000-9053 FEB 2 6 2024 3. Service Type [I Priority Mail Expresse ❑ Adult Signature ❑ Regist6red MailT"' ❑ Adult Signature Restricted Delivery ❑ Reeggistered Mail Restric a Certified Mali® See = ElCertfied Mail Restricted Delivery ❑ Signature Confirmation ❑ Collect on Delivery ❑ Signature Confiirmatlon ❑ Collect on Delivery Restricted Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delhreryr (over$500) Domestic Return Recelf OCERTIFIED oRECEIPT I�- Domestic Mail Only D" C3 I3 Certified Mail Fee E0 $ _ -L 323g8 rLl Extra SeMces & Fees (aheckbtar, add feeas r-1 ❑ Rehm Receipt Q --W $ ❑ Return Receipt (electrwrtc) $ Postmark 1= ❑ Certified Mall Restricted Delivery $ lti nAI1.SIere ❑AduRSlgnahn"ulrad $ IU � ❑ Adult Slgnetwe Restricted 130very $ ul Postage C3 5 �( r 1 Total Postage and Fees �Y nt To - n ------------ rt o Er or Lg i_M or-• cis%1%-► 9589 0710 5c , u 12`?W 0", SFBASTIAN POLICE DEPARTMENT 1701 Main Street, Sebastian, Florida 32M Code Enforcement Division 772-589-5233 Hotline: 772-388- id36 lu x -," "vV'RENCE VIOLAT10% 114.ARING BEFtit h-j ,I., , . t . I r 1 • • ti1Al;LSTK,i7'E Fcbtnary 20. _ IN THE MA t GRE:GORY CARWY & LARRY TIMMFRMAn. 1311 WWI MORE. ST. SEBASTIAN, Fl. 32958 ADDRESS OF VIOLATION: 1311 WHIT"MORE; ST. SFRASTIAN. FI 32959 C".6 W ; l ' .I-(W :.79 he full Icpl description of the teal property upori which these violations cwcur is: Sabmw ► Vhter- UNrr Q dLK 315 LOT 19 PBI 7-828 Parcel IDO 31382800001316000019 0 ATTENTION: 1 he C reement Division of the City nl Sohasttaa has pmvKway notified you of an alleged vx4stion nce Ordinas of the City orsebastlan. The Code Entbrceananth t Division contends at the violation was not cotreete.d within ilia spt:af4od timo Stunt. Per i.aad t Cbde at br"f Swim 51 .t-16.=. Chi- t ,-je Fnrixerment UWtuon is briawns ),ou ant an the alleged -. iolnru... A r, n i AMW-'"-