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Home My WebLink About1006 LANDSDOWNE DRIVECity of Sebastian Special Magistrate Hearing Date: May 21, 2024 @ 2:00 P.M. Case Number: CE 23-041133 In the Matter of: Douglas Sastram Property: 1006 Landsdowne Dr, Sebastian, FL 32958 EXHIBIT LIST Exhibit (Number or Description � letter) 1 January 23, 2024 Magistrate draft minutes 2 Notice to Appear for May 21, 2024 Hearing/Certified Mail and Photographs PAGE 7 Officer lachini is asking for the property to be abated, asked for court costs of $250.00 and the cost of the abatement. Seeing no one present to testify, so ordered by the Magistrate. Case No. CE 23-041133 Douglas Sastram 1006 Landsdowne Drive Sec. 66-3(11) Illustrative Renumeration (grass) Case No. CE 23-041134 Douglas Sastram 1006 Landsdowne Drive Sec. 66-3(1) Illustrative Renumeration (trash and debris) Ms. Cockroft read the docket for appeal of Code Violation and called on the City's representative to present its case. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini reviewed that the property was posted on September 14, 2023. On September 22, 2023 the property was posted and Certified Mail sent, and photos were taken. On December 21, 2023 he posted the property with a letter to appear before the Special Magistrate. The officer said he had this case about five years ago, and Mr. Sastram promised the officer that he would take care of it. That did not happen. Officer lachini testified that he had spoken to Mr. Sastram previously today, and he promised he was going to take care of it as soon as he gets back on his feet and gets rid of the bandage on his foot. He showed photos of the property as it appeared this morning. The Magistrate asked Mr. Sastram to identify himself and present his testimony. Mr. Douglas Sastram identified himself as the owner of the property at 1006 Landsdowne Drive. He reviewed that he fractured his knee, and he is waiting for clearance from his surgeon to be able to mow the grass. He is using crutches presently. He presented a document showing that his next medical appointment is the following week to have x-rays taken. At this point, he does not know how soon he can get back to maintaining the yard. PAGE 8 There was discussion between the Magistrate and Mr. Sastram and discussion between Mr. Sastram and Officer lachini. Ms. Cockroft asked for permission to speak to Officer lachini. Permission was granted. (OFF THE RECORD) (BACK ON THE RECORD) Officer lachini asked for permission to give Mr. Sastram 60 days to come into compliance. If he cannot come into compliance at that time, he is asking for permission to enter the property and abate it. The officer explained to Mr. Sastram what needed to be done. Ms. Cockroft said that anything in violation of that section of the code needs to be abated within 60 days. If not, the City is asking for a $250.00 fine on each case and the cost of abatement to be liened on the property and any other property of the owner. The Magistrate suggested that Ms. Cockroft put in writing exactly what he needs to do. Ms. Cockroft said that will be done before Mr. Sastram leaves. The Magistrate called for a date certain for the work to be done. Ms. Cockroft said it will be March 25, 2024 for the work to be done. Officer lachini will go back to the property on March 25, 2024 for reinspection. At that time, if the property is not in compliance, the City will move forward with the abatement. Mr. Sastram voiced his understanding. III. Adiournment There being no further business, Magistrate Armitage adjourned the meeting at 2:55 p.m. ig 9589 0710 5270 1280 0955 09 EXHIBIT SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 NOTICE OF VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE April 17, 2024 IN THE MATTER OF: CASE NO.23-041133 Douglas Sastram 1006 Landsdowne Drive Sebastian, FL 32958 ADDRESS OF VIOLATION: 1006 Landsdowne Drive SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 06, Blk 228, Lot 19, PBI 5-93. Parcel# 31381300001228000019.0 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 Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 66-3 Illustrative Enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (11) Growth of weeds, grass, undergrowth or other vegetation upon improved real property, to a height of ten inches or more. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21 st day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Sastram April 17, 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. n U-6Z Code Enforcement Officer #674 Sastram April 17, 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 Sastram April 17, 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 ma ed/ddivered to the above named violator at the address stated above this day of ,0, c. L-- , 2024. fi 11 By `j d Curtis Bloomfield Code Enforcement Officer #674 C3 r- ni Ln uartified Mail Fee Extra Services & Fees psa baK add tee es ❑ Pietum Racolpt Chiudoopy) $ $ Receipt (---io) C) Certified MO Pasft;ctW Delivery []Adult Skpmtum PAquked 0 Adult Signature Restricted D4911my S Postage total Postage and Fees S Sent TO - - ion ------------------------ § , , A Ij( -- ----------- , or of �f� - V. , f --------------- Iij, ---- -------------- City of Sebastian Special Magistrate Hearing Date: May 21, 2024 & 2:00 P.M. Case Number: CE 23-041134 In the Matter of: Douglas Sastram Property: 1006 Landsdowne Dr, Sebastian, FL 32958 Exhibit (Number or Letter) _ 1 2 I I I I EXHIBIT LIST Description January 23, 2024 Magistrate draft minutes Notice to Appear for May 21, 2024 Hearing/Certified Mail and Photographs :0 0' POLICE OEpARTMEpt EXHIBIT SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 NOTICE OF VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE April 17, 2024 IN THE MATTER OF: CASE NO.23-041134 Douglas Sastram 1006 Landsdowne Drive Sebastian, FL 32958 ADDRESS OF VIOLATION: 1006 Landsdowne Drive SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 06, Blk 228, Lot 19, PBI 5-93. Parcel# 31381300001228000019.0 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 Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 66-3 Illustrative Enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (1) Accumulations of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat, or other animal matter, fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris, or other refuse of any nature. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21 st day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Sastram April 17, 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. ,I I3 Code Enforcement Officer #674 Sastram April 17, 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 Sastram April 17, 2024 Page four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Specsq Magistrate was led/,de)ivered to the above named violator at the address stated above this L4KtXA day of 2024. ,` I n By 1 U` — -' Curtis Bloomfield Code Enforcement Officer #674 m Domestic 7 rifted Mail Fee f1.1 Extra Services & Fees (caeca bury add tea es rl ❑ Ratan Receipt R�P)�1 El Rebrn receipt (electron el S ' " ` Postmark ❑ Certr-d MaH RWUL-tad DOWy S _ ❑—- n-i ❑Adutt t s Ln postage s.. III a total Postage and Fees / at.PP�� ------- ------- 1" i Ulf-,I-.('r'------------------------------ -- Er v P G