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Home My WebLink About690 LAYPORT DRIVECity of Sebastian Special Magistrate Hearing Date: June 18, 2024 @ 2:00 P.M. Case Number: CE 24-015642 In the Matter of: Jerry Ooms & Thomas Barnes Property: 690 Layport Dr, 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 June 18, 2024 Hearing/Certified Mail and Photographs 4 Previous order showing repeat violator i C24-•013642 Time Received 04/18/2024 15:04:14 Dispatcher Bloomfield, Curtis Responding Personnel Sebastian Police Department CAD Call Logs Time Period 06/10/2024 - 06/10/2024 Situation S58 (Code Violations) How Received Contact Self Intiated Bloomfield, Curtis EXHIBIT I Location 690 LAYPORT Dr Primary Utttcer Disposition Written Warning Given Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 92-674/Primary 15:04:15 15:04:15 15:04:15 15:12:10 Written Warning Given 00:07:55 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:07:55 Call Notes On 04/18/21(f4 at 15:04 Bloomfield, Curtis logged Call Created On 04/18/2024 at 15:05 Bloomfield, Curtis logged: 66-3.11 Grass & Weeds exceed 10". Nov issued & certified mail sent. The owner was given 15 days to cut & weed whack the entire property. On 04/18/2024 at 15:12 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:07:55 Page I of 1 Sebastian Police Department r fi CAD Call Logs EXHIBIT Time Period 06/10/2024 - 06/10/2024 C24-018501 Time Received Situation Location 05/16/2024 10:14:44 S92B (Reinspection) 690 LAYPORT Dr Dispatcher How Received Contact Primary Officer Disposition Charles, Naiomi A Self Intiated Property Posted For Abatement Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 92-674/Primary 10:30:10 10:58:29 Property Posted For Abat 00:29:19 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00.28:19 Call Notes On 05/16/2024 at 10:14 Charles, Naiomi A logged: Call Created On 05/16/2024 at 10:35 Bloomfield, Curtis logged: 66-3.11 A copy of the Notice of hearing was posted at the property , which is scheduled On 05/16/2024 at 10:36 Bloomfield, Curtis logged: to be heard before the special Magistrate on 6/18/2024. The owner is a repeat violator. On 05/16/2024 at 10:36 Bloomfield, Curtis logged: Case#24-015642. On 05/16/2024 at 10:58 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:28:19 Page 1 of 1 -0156Lee amity of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 EXHIBIT a- i OTICE OFKVIOLATION Date It 0`i� Time 1 5 c' Served on W � � As Owner, Resident or Agent of property located at Inspection of roe indicates a violation of City Ordinance Section .6b''`'a• ��5 P��- Cc,� V r,ljL� Youare e�days/ orrectthe aboveviolation within from the above date and time of this no ' ilure 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 right to appeal this Notice of Violation to the City of Sebastian Special Magistrate for Code Enforcement. If you have any questions please call. Se By: Code Enforcement 0 er EXHIBIT 5 �EPARTMEIyT 9589 1 1 1 1280 0960 t p SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 Codeenforcement3@cityofsebastian.org NOTICE OF VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE May 16, 2024 IN THE MATTER OF: CASE NO.24-015642 Jerry Ooms & Thomas Barnes 690 Layport Dr. Sebastian, FL 32958 ADDRESS OF VIOLATION: 690 LAYPORT DR. SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 02, Blk 104, Lot 17, PBI 5-35. Parcel# 31380100003104000017.0 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. REPEAT VIOLATOR Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 18th day of June, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Ooms & Barnes May 16, 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 $�a Curtis Bloomfield Code Enforcement Officer #674 Ooms & Barnes May 16, 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 Ooms & Barnes May 16, 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 1 &-t<,, day of V%A, A- ,J �-( .2024. , 12 n r I By 1 Jln 0�t. Curtis Bloomfield Code Enforcement Offic #674 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, _ or on the front if space permits. 1. Article Addressed to: (� 9O Luy�o,- St�J�isn �l 3zy.rr� 9590 9402 8408 3156 9991 83 2. Article Number (Transfer from service label) PS Form 3811, July 2020 PSN 7530-02-000-9053 CERTIFIED W Domestic Mail Only For delivery information. vi A. Agent ❑ Addre! C. Daile of EW! I D. Is delivery address different from —fte—mTtml If YES, enter delivery address below: XNo MAY 2 p 20224 ❑ Adult Si nature u Fnority Mail Express® ❑ Adult Signature Restricted Delivery Wert�ed Ma)l® O❑ RRega ed Mail Mail R eshicted ❑ Certified Mail Restricted Delivery ivistered Delivery ❑ Signature Confirmationtu ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) C3 Certified Mail Fee �pSTI rU Effia ices & Fees (checkbar,- ) r-9 ❑ Retum Receipt Nrdmpy) +� ❑ Retum Receipt (electrailc) s C3 ❑ C 11fied Mall Restricted Delivery ,S N❑Aduk Signature Required ",f +r' Ul ❑ Adult Signature Restricted Dellbyy. 0 _ Postage E3 $ r=1 Total Postage and Fees r- Mser- t TO Q' rrrc _ 71QM6 =p Street an i. or x N Ln ��- Q' G'-iry, $fate, ZI .4 b /1 1-13 ?-A 0 fi/ Domestic Return Receipt f r C'OF EXHIBIT 9589 0710 5270 1280 0946 49 SEBASM `N Al CODE ENFORCEMENT I SPECIAL MAGISTRATE -f — FINDINGS OF FACT, CONCLUSIONS OF LAW HOME OF PELICAN ISLAND AND SPECIAL MAGISTRATE ORDER OR LIEN CITY OF SEBASTIAN, THE CODE ENFORCEMENT SPECIAL MAGISTRATE IN a Florida municipality, AND FOR THE CITY OF SEBASTIAN, FLORIDA Petitioner, Case No. 23-046280 V. Hearing Date: January 23.2024 Parcel 1 D#: 31380100003104000017.0 JERRY OOMS Property Address: 690 LAYPORT DR SEBASTIAN, FL 32958 Respondent(s). Legal Description: SEBASTIAN HIGHLANDS UNIT 02 BLK 104 LOT 17 PBI 5-35 FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER This case came before the Code Enforcement Special Magistrate of the City of Sebastian, Florida, for a Public Hearing on January 23 2024, and based on the evidence presented, the Code Enforcement Special Magistrate enters the following: FINDINGS OF FACT 1, The Respondent(s) listed above are the owner(s) of the above described real property. 2. On 10/16/2023 an initial inspection of the property was performed by Curtis Bloomfield, City of Sebastian Code Enforcement Officer. Said inspection revealed that the Respondent(s) were found to be in violation of: SECTION 66-3 (11) — ILLUSTRATIVE ENUMERATION, GROWTH OF WEEDS, GRASS, UNDERGROWTH, OR OTHER VEGITATION UPON IMPROVED REAL PROPERTY, TO HEIGHT OF TEN INCHES OR MORE. 3. Respondent(s) were initially issued a Notice of Violation on 10/16/2023 The aforesaid conditions constituted violation of the Code and were to be corrected within 15 days. 4. Subsequently, the Respondent(s) failed to comply with the violation so a Notice of Violation/Hearing was posted at the property and sent certified return receipt requested on 10124/2023. 5. The Respondent(s) were properly served with the Notice of Hearing pertaining to the 1/23/2024 Public Hearing before the Code Enforcement Special Magistrate by: Certified Mail, Return Receipt Requested, Posting on the property and posting the Notice of Hearing at City Hall. 6. The Respondent(s) and/or representatives did not appear before the Special Magistrate at the date specified to present testimony, evidence and address the violations alleged. 7. The Code Enforcement Officer(s) of the City of Sebastian appeared and presented competent substantial evidence of the violation, which is made part of the official record of this matter. FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 2 of 2 CONCLUSIONS OF LAW A hearing was held on January 23,2024 at which time the property owner(sylRespondent(s) were given an opportunity to present all evidence and argument as to why such conditions should not be declared a violation(s). The Code Enforcement Special Magistrate heard testimony, weighed evidence and declared the subject property to be In violation of the following section(s) of the City's Code of Ordinances: SECTION 66.3 (11) — ILLUSTRATIVE ENUMERATION, GROWTH OF WEEDS, GRASS, UNDERGROWTH, OR OTHER VEGITATION UPON IMPROVED REAL PROPERTY, TO HEIGHT OF TEN INCHES OR MORE. 2. The Respondent(s) listed above are the owner(s) of the above described real properly. 3. The Respondent(s) were given proper notice of the violations listed hereupon, and did not appear before the Special Magistrate on the hearing date specified to address the violations alleged. 4. The Code Enforcement Officer(s) of the City of Sebastian appeared and presented competent substantial evidence of the violation, which is contained in the official record of this matter. ORDER 1. The Respondent(s) shall bring the property into compliance with this Order on or before January 23.2024. 2. Respondent is ordered to pay an administrative fee In the amount of $ 250.00 representing reasonable costs incurred by the City of Sebastian during its investigation and prosecution of this case and a fine of $250 for repeat violation. 3. The City of Sebastian is hereby authorized, pursuant to Section 162.08 (5), Florida Statutes, to take whatever steps are necessary to bring the vlolation(s) into compliance, the cost of which will be charged to the Respondent(s) and if not paid by Respondent then, a Gen may be imposed against the subject property, upon any other real or personal property owned by the Respondent(s) and pursue all other remedies allowed by law, including foreclosure. Respondent(s) shall allow the Officer reasonable access to the subject property for the purpose of rectifying the existing violations on the property. 5. This Order may be appealed with the Circuit Court in Indian River County pursuant to Section 162.11, Florida Statutes. Such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record in this matter. An appeal shall be filed whhln 30 days of the rendidon of this Order. 6. Any future violations shall be considered repeat violations pursuant to Ft a tatu s, Chapter 162. DONE AND ORDERED on 1/2312024IKf � Vecial M gistra AGE