HomeMy WebLinkAboutC24-046277 EXHIBIT 3 NOH LETTEREXAl"Bl'i
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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: 23-046277
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 7-826. 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:
Sec. 18-29 Keeping of fowl.
(a) Any person keeping fowl shall keep them in a pen, coop or enclosure meeting the requirements of
section 18-27 of this article. No more than two (2) such fowl may be kept on any single lot.
Accordingly, the Special Magistrate has scheduled this matter for a hearing onTuesday the
19th 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.
B
Y
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/d
��livered to the above named violator at the address stated above this
.c day of , 2024.
By
Richard Iachini
Code Enforcement Officer #672
r
■ Complete items.l, 2, Vhd 3. A• i6�,qd�
ture
■ Print your name �M*dress on the reverse X
so that we can niiU the card to you.
%■ Attach this card to the back of the mailpiece, B•( by(P,inted Name)
or on the front if space permits. l I f1
1. Article Addressed to:
Grejapou cc r 'j
1311 41h, �-maw S�—
III Iliill IN III I IIIII 1111111111111111111111111
9590 9402 8408 3156 9986 36
2. Article Number (Transfer from service label)
PS Form 3811, July 2020 PSN 7530-02-000-9053
❑ Agent
❑ Addre.
D. Is deliveryaddress different from item 1
If YES, enter delivery address below: ❑ No
FEB 2 6 2024
3. Service Type
❑ Priority Mail Expresso
❑ Adult Signature
❑ Registered Mailm
❑ AduR Signature Restricted Delivery
❑ Registered Mail Restricted
dI6Certified MailO
Delivery
❑ Certiffied Mail Restricted Delivery
❑ Signature Confirmation's
❑ Collect on Delivery
❑ Signature Confirmation
❑ Collect on Delivery Restricted Delivery
Restricted Delivery
❑ Insured Mail
❑ Insured Mail Restricted Delivery
(over $500)
Domestic Return Receipt
r`CERTIFIED
Domesticco
For delivery information, visit our webiz:ie
at www.uspsxom
I'
ertified Mail Fee
�
(iJ
IsEl
ri Return Receipt Oardcopy) $
I ❑ Return Receipt (electronic) $
Postmark
(� ❑ Ceffiied Melt Restricted Delivery $
d rlere
❑AduB Slgneluta Required $
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Ln ❑AdeRSi, r, NNW $
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SEBAS7 [AN POLICE DEPARTMENT'
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
772-589-5233 Hotline.-772-388-4436
NOTICE TO APPEAR REFERENCE VIOLATION HLARIP1 G
BEFORE THE CODE ENFORCEMENT SPECIAL MAGI67 RATE
February 20, 2024
IN THE MATTER OF:
GREGORY CARNEY & LARRY TIMMERMAN
l z 11 WHITMORE ST.
SEBASTIAN. FI.32958
ADDRESS OF VIOLATION: 1311 WHITMORE ST.
SEBASTIAN, FI- 32958
CASE NO.23-046�'7
The full legal description of the real property upon which these violations occur is: Sebastian Highlands �NI-
BLK 315 LOT 19 PBI 7-8213. Parcel ID# 31382600001315000019.0
ATTENTION:
'The Code Enforcement Division of the City of Sebastian has previously nc,a tI you an alleged violat7or
of the Code of Ordinances of the City of Sebastian. The Code Enfotti:rment Dt % ision contends that
following violation was not corrected within the specifiedthe
time �it.rn. Prr [.and Developmenr Cade at
the ('icy a! Sel+asuan Section 54-4-18.2, the Cock Enforcement Di%-tsiun t, hnrtg,ng
you before the Special
to he heard on the alleged violation of the following
%rc. 18-29 Keepinig of to%1.
(a) Any Mbtm kceptttV ti►w
wulson Itt-21 4t1 lhts an%