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Home My WebLink About481 LAYPORT DT-MAGISTRATE PKTSebastian Police Department CAD Call Logs EXHIBIT I _ _ Time Period 09/09/2024 - 09/09/2024 C24-031851 Time Received Situation Location 08/26/2024 13:05:58 S581(TRASH VIOLATION) 481 LAYPORT Dr Dispatcher How Received Contact Primary Officer Disposition Bloomfield. Curtis Self intiated Written Warning Given Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 92-674/Primary 13:06:00 13:06:01 13:06:01 13:33:32 Written Warning Given 00:27:32 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage ----- — Total Time: 00:27:32 Call Notes On 08/26/2024 at 13:05 Bloomfield, Curtis logged: Call Created On 08/26/2024 at 13:13 Bloomfield, Curtis logged: 66-3.(1). The owner has Debris & Junk scattered throughout the property. The owner will be scheduled for the next available special Magistrate Hearing. The has been previously adjudicated as a repeat violator. On 08/26/2024 at 13:33 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:27:32 Page 1 of 1 EXHIBIT aLf_ 031g5, City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 140TICE OF VIOLATION Date ` L Time Served on ?CG�'�� As Owner, Resident o Agent of property located at 1+ "'06'- J Inspection of property icates a violation of City Ordinance Section 6— 3 L( ! � �tAu�ti W �5� a5rts o iA�(.L --c5 J Qfs You are hereby notified to correct the violation _ within days/hours from the above date and time of this notice. Failure 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. _ S v d by: i Code Enforcement icer SBASTIgty _ PAHTMt)6j EXHI- (♦ i J 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 September 5, 2024 IN THE MATTER OF: CASE NO.24-031851 Eva & Claude Wright 481 Layport Dr. Sebastian, FL 32958 ADDRESS OF VIOLATION: 481 Layport Drive SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands UNIT 2 PBI 6-89B A POR LOT 6 DESC AS FOLL: TR B BEG AT SE COR OF LOT 6 A/K/A LOT 6A BLK 71; TH N 89 DEG 46 MIN 30 SEC W ALONG S PROP LINE SAID LOT 6 DIST 22.16 FT; TH N 14 DEG 59 MIN 18 SEC E 86.96 FT TO E L INE SAID LOT 6; TH S 00 DEG. Parcel# 31381200002071000006.0 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. REPEATVIOLATOR Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 17th day of September, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Wright September 5, 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. LIM Code Enforcement Officer #674 Wright September 5, 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 Wright September 5, 2024 Page four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement S ecial Magistrate was mailed/deliver to the above -named violator at the address stated above this day of (t) (R I , 2024. By Curtis Bloomfield Code Enforcement Of 1 er #674 CTIYOF SE13NUMN HOME OF PELICAN ISLAND CITY OF SEBASTIAN, a Florida municipality, V. EXIT Petitioner, EVA & CLAUDE WRIGHT CODE ENFORCEMENT I SPECIAL MAGISTRATE FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN THE CODE ENFORCEMENT SPECIAL MAGISTRATE IN AND FOR THE CITY OF SEBASTIAN, FLORIDA Case No. 24-012985 Hearing Date: May 21, 2024 Parcel I D#: 31381200002071000006.0 Property Address: 481 Lavaort Dr.. Sebastian, FL 32958 Respondent(s). Legal Description: SEBASTIAN HIGHLANDS UNIT 2 PBI 6-89B A POR LOT 6 DESC AS FOLL: TR B BEG AT SE COR OF LOT 6 A/K/A LOT 6A BLK 71; TH N 89 DEG 46 MIN 30 SEC W ALONG S PROP LINE SAID LOT 6 DIST 22.16 FT; TH N 14 DEG 59 MIN 18 SEC E 86.96 FT TO E L INE SAID LOT 6; TH S 00 DEG FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER IMPOSING FINE AND LIEN This case came before the Code Enforcement Special Magistrate of the City of Sebastian, Florida, for a Public Hearing on May 21, 2024, and based on the evidence presented, the Code Enforcement Special Magistrate enters the following: The Respondent(s) listed above are the owner(s) of the above described real property. 2. On 03/29/2024 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: SEC. 66.30 ). ILLUSTRATIVE ENUMERATION (TRASH & DEBRIS) OF THE CITY OF SEBASTIAN CODE. Respondent(s) were initially issued a Notice of Violation on 03/29/2024. 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 04/18/2024. The notice was returned unclaimed on 05/15/2024. The Respondent(s) were properly served with the Notice of Hearing pertaining to the May 21, 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 the property and City Hall. 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. 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 3 CONCLUSIONS OF LAW A hearing was held on May 21, 2024 at which time the property owner(s)/Respondent(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: SEC. 66-30) ILLUSTRATIVE ENUMERATION (TRASH & DEBRIS) OF THE CITY OF SEBASTIAN CODE. The Respondent(s) listed above are the owner(s) of the above described real property. 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. 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 The Respondent(s) shall bring the property into compliance with this order on or before May 21, 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. 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 violation(s) into compliance, the cost of which will be charged to the Respondent(s) and if not paid by Respondent then, a lien 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. 4. Respondent(s) shall notify the Code Enforcement Officer upon correcting the above noted violations, and shall allow the Officer reasonable access to the subject property for the purpose of verifying whether the violations have been corrected. The violation(s) may not be considered corrected unless reasonable access to the subject property is allowed for inspection purposes. 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 within 30 days of the rendition of this Order. Any future violations shall be considered repeat violations pursuant to Florida Statute Chapter 162, and subject to additional fines. DONE AND ORDERED on 05121/2024. KEL EY H. ARMI A / 1 Spe ial Magistrate v