HomeMy WebLinkAbout690 Layport DriveCity of Sebastian
Special Magistrate Hearing
Date: August 20, 2024 L@ 2:00 P.M.
Case Number: CE 24-026063
In the Matter of: Jerry Ooms & Thomas Barnes
Property: 690 Lavport Dr, Sebastian, FL 32958
Exhibit (Number or
Letter)
1
- 2
3
EXHIBIT LIST
Description
Computer Aided Dispatch (CAD)Calls for Service
Initial Notice of Violation/photographs
Notice to Appear for August 20, 2024 Hearing/Certified
Mail and Photographs
Sebastian Police Department
CAD Call Logs
Time Period 08/14/2024 - 08/14/2024
C24-026063
Time Received
Situation
07/18/2024 14:44:36
S58H (GRASS VIOLATION)
Dispatcher
How Received Contact
Bloomfield, Curtis
Self Intiated Bloomfield, Curtis
Responding Personnel
EXHIBIT
1
Location
690 LAYPORT Dr
Primary Officer 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 14:44:37 14:44:37 14:44:37 15:01:34 Written Warning Given 00:16:57
Responder Bloomfield, Curtis (674) Start Mileage End Mileage _ Total Milage
--- --- — ` -"--" -- _ --- — Total Time: 00:16:57
Call Notes
On 07/18/2024 at 14:44 Bloomfield, Curtis logged:
Call Created
On 07/18/2024 at 14:46 Bloomfield, Curtis logged:
66-3.11 Grass & Weeds exceed 10". The owner has been previously adjudicated as a repeat violator. The owner will be scheduled for the
next available Magistrate's hearing on 8/20/2024.
On 07/18/2024 at 15:01 Bloomfield, Curtis logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:16:57
Page 1 of 1
Sebastian Police Department
CAD Call Logs
Time Period 08/14/2024 - 08/14/2024
C24-029622
Time Received Situation Location
08/12/2024 14:56:09 S92B (Reinspection) 690 LAYPORT Dr
Dispatcher How Received Contact Primary Officer Disposition
Bloomfield, Curtis Self Intialed Bloomfield, Curtis Violation Not Complied
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
92-674/Primary 14:56:10 14:56:10 14:56:10 15:02:17 Violation Not Complied 00:06:07
Responder Bloomfield, Curtis (674) Start Mileage- _ End Mileage _ Total Milage
--- -------- - _-- - Total Time:00:06:07
Call Notes
On 08/12/2024 at 14:56 Bloomfield, Curtis logged:
Call Created
On 08/12/2024 at 15:01 Bloomfield, Curtis logged:
66-3.11 The owner has not complied with case#24- Photos taken.
On 08/12/2024 at 15:02 Bloomfield, Curtis logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:06:07
Page 1 of I
EXHIBIT
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AT'll it ;log
DEPARTMENT 1 1 1 1280 196
qV■
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
July 18, 2024
IN THE MATTER OF: CASE NO. C24-026063
Jerry Ooms & Thomas Bames
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 20th day
of August, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida.
Ooms & Barnes
July 18, 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.
Ll
Code Enforcement Officer #674
Ooms & Barnes
July 18, 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
July 18, 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
day of ) LA,. -� , 2024. \
By ,
Curtis Bloomfield
Code Enforcement Officer #674