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HomeMy WebLinkAbout950 STARFLOWER AVE-MAGISTRATE PKTCity of Sebastian Special Magistrate Hearing Date: September 17, 2024 @ 2:00 P.M. Case Number: CE 24-023206 In the Matter of: Joseph & Christine Lahout Property: 950 Starflower Ave, Sebastian, FL 32958 EXHIBIT LIST Exhibit (Number or Description Letter) 1 Computer Aided Dispatch (CAD)Calls for Service 2 Initial Notice of Violation/ Certified Mail and photographs 3 Notice to Appear for September 17, 2024 1 Hearing/Certified Mail and Photographs Sebastian Police Department CAD Call Logs EX IBIT Time Period 09/09/2024 - 09/09/2024 C24-023206 Time Received Situation Location 06/29/2024 10:05:36 S58H (GRASS VIOLATION) 950 STARFLOWER Ave Dispatcher How Received Contact Primary Officer Disposition lachini, Richard James Self Intiated Iachini, Richard James Written Warning Given Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared 90-671/Primary 10:05:37 10:05:37 10:05:37 10:09:20 Responder Iachini, Richard James (672) Start Mileage End Mileage Call Notes On 06/29/2024 at 10:05 Iachini, Richard James logged: Call Created On 06/29/2024 at 10:09Iachini, Richard James logged: GRASS AND WEEDS EXCEEDING 10". OWNER GIVEN 5 DAYS TO COMPLY. On 06/2912024 at 10:091achini, Richard James logged: Call Closed Unit Disposition Total Time Written Warning Given 00:03:43 Total Milage Total Time: 00:03:43 Total Calls: 1 Overall Total Time: 00:03:43 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 09/09/2024 - 09/09/2024 C24-024577 Time Received Situation Location 07/09/2024 10:00:11 S92B (Reinspection) 950 STARFLOWER Ave Dispatcher How Received Contact Primary Officer Disposition lachini, Richard James Self Intiated Violation Not Complied Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 90-672/Primary 10:00:13 10:00:13 10:00:13 10:01:56 Violation Not Complied 00:01:43 Responder lachini, Richard James (672) Start Mileage_ — —__ _End Mileage Total Milage -- — - _ — Total Time: 00:01:43 Call Notes On 07/09/2024 at 10:00 lachini, Richard James logged: Call Created On 07/09/2024 at 10:00 lachini, Richard James logged: REINSPECTED PROPERTY, REFERENCE CALL 3 On 07/09/2024 at 10:01 lachini, Richard James logged: REINSPECTED PROPERTY, REFERENCE CALL #24-023206. VIOLATION NOT COMPLIED. OWNER WILL RECEIVE A CERTIFIED LETTER UPON DUE PROCESS. On 07/09/2024 at 10:01 lachini, Richard James lagged: Call Closed Total Calls: 1 Overall Total Time: 00:01:43 Page I of I Sebastian Police Department CAD Call Logs Time Period 09/09/2024 - 09/09/2024 C24-025451 Time Received Situation Location 07/15/2024 07:58:31 S92B (Reinspection) 950 STARFLOWER Ave Dispatcher How Received Contact Primary Officer Disposition Iachini, Richard James Self Intiated Iachini, Richard James Property Posted For Abatement Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt to Quarters Cleared Unit Disposition Total Time 90-672/1'rimary 07:58:33 07:58:33 07:58:33 08:05:40 Property Posted For Abat 00:07:07 Responder Iachini, Richard James (672) Start Mileage _ _ _ _ End Mileage Total Milage Total Time: 00:07:07 Call Notes On 07/15/2024 at 07:58 Iachini, Richard James logged: Call Created On 07/15/2024 at 08:05 Iachini, Richard James logged: REINSPECTED PROPERTY REFERENCE CALL ##24-023206. VIOLATION NOT COMPLIED. PROPERTY POSTED FOR ABATEMENT PHOTOS TAKEN. On 07/15/2024 at 08:05 Iachini, Richard James logged: Call Closed Total Calls: 1 Overall Total Time: 00:07:07 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 09/09/2024 - 09/09/2024 C24-030077 Time Received Situation Location 08/15/2024 10:37:33 S58L (Notice of hearing posting) 950 STARFLOWER Ave Dispatcher How Received Contact Primary Officer Disposition Yingling, Brittany Self Intiated Property Posted For Abatement Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared 90-672/Primary 10:37:34 10:37:38 10:45:02 Responder lachini, Richard James (672) Start Mileage End Mileage Unit Disposition Total Time Property Posted For Abat 00:07:29 Total Milage ~ Total Time: 00:07:28 Call Notes On 08/15/2024 at 10:37 Yingling, Brittany logged: Call Created On 0811512024 at 10:44 lachini, Richard James logged: RENSPECTED PROPERTY REFERENCE CALL # 24-023206. VIOLATION NOT COMPLIED PROPERTY POSTED WITH LETTER TO APPEAR BEFORE SPECIAL MAGISTRATE ON 9/17/2024 @14:00 IN THE COUNCIL CHAMBERS OF CITY HALL. PHOTOS TAKEN. On 08/15/2024 at 10:45 lachini, Richard James logged: Call Closed Total Calls: 1 Overall Total Time: 00:07:28 Page I of I 5 M PDLICE - 1 1 1 1280 196' �EpARTME�yT VFi SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 Codee nforcement3@cityofsebastian.org POSTED NOTICE OF PUBLIC NUISANCE Name of owner: Joseph & Christine Lahout Date: July 12, 2024 Address of owner: 950 Starflower Ave Sebastian, FL 32958 Address of violation: 950 Starflower Ave. Case: C24-023206 Sebastian, FL 32958 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida: Sebastian Highlands Unit 13, Blk 331, Lot 6, PB17-82E. Parcel ID# 31382600001331000006.0 An inspection of this property discloses, and the City has found and determined, that a condition exists thereon which is a violation of Section 66-3.11 of the Code of Ordinances of the City of Sebastian in that: Sec. 66-3 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. GRASS AND WEEDS EXCEEDING 10"PLEASE CUT AND WEED WACK THE ENTIRE PROPERTY. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 66-3.11 of the Code of Ordinances of the City within fifteen (15) days from the time of receipt hereof, the City of Sebastian will proceed to remedy this condition, and the expenses will be imposed as a lien on the property if not paid within fourteen (14 days) after receipt of billing. If you have any questions, please phone the Code Enforcement Division. If you dispute that such alleged conditions exist on such property, you may request a hearing before the Special Magistrate to show good reason why such condition should not be corrected. Such request for hearing must be in writing and must be postmarked by a date not later than ten days if fifteen (15) days is given to correct the violation, or by hand -delivery or fax of such request by noon of the next business day if only forty-eight (48) hours is given in the notice, after your receipt of this notice by you or the occupant of the premises, and addressed to Code Enforcement Division, Sebastian Police Department, 1201 Main Street, Sebastian, FL 32958. Richcwdl1a iinv By — Richard Iachini Code Enforcement Officer #672 7/9/24, 9:59 AM gPublic.net- Indian River County, FL- Report: 31382600001331000006.0 Indian River County, FL Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classificiations. Parcel Summary Parcel ID Prop ID Location Address Neighborhood Market Area Brief Tax Description` Property Use Code Sec/Twp/Rng Tax District Millage Rate Acreage Homestead View Map Metes and Bounds 31382600001331000006.0 25278 950 STARFLOWER AVE SEBASTIAN, FL 32958 Seb His unit13 (140022.54) 14 SEBASTIAN HIGHLANDS UNIT 13 BLK 331 LOT 6 PBI 7-82E (Note:' The Description above is not to be used on legal documents. For additional legal expand the Metes and Bounds section below.) Single Family- Improved (0100) 26-31-38 2- SEBASTIAN 16.0728 0.23 N Owner Information PrimaryOwner Lahout Joseph M & Christine E (L) 950 Starflower Ave Sebastian, FL 32958 Homestead Application Change of Address Application FOR :/blip AM 61 11. 1 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values Improvement Value $186,139 $170,068 $115,212 $109,698 $95,446 Land Value $52,700 $34,000 $29,240 $26,520 $24,140 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $238,839 $204,068 $144,452 $136,218 $119,586 Assessed Value $80,894 $78,537 $76,250 $75,197 $73,507 Exempt Value $50,000 $50,000 $50,000 $50,000 $48,507 Taxable Value $30,894 $28,537 $26,250 $25,197 $25,000 Maximum Save Our Homes Portability $157,945 $125,531 $68,202 $61,021 $46,079 Taxes $795.37 $749.66 $724.56 $709.65 $702.54 Current Exemptions on this parcel: HEX -A - Additional 25,000 Homestead Exemption HEX - Exemption of Homesteads Reporting requirement on tax roll according to s. 196.002(1) "Just (Market) Value" description -This is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price. Historical Valuation �.«.,�•,,,n„t,�; o�hnniflcrrnm rnmlAnnlirntinn acnY?Annin=ilnQPu avarin=27R5.ri&PaCPTvnt-ID=4&PaaelD=11279&0=1595162102&KevValue=3138... 1/4 City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date Time Served on As Owner, Reside or A ent of property located at 9�`fJ S/a�-����er' Inspection of property iglic t s a violation of City Ordinance Secti NYC "0 G� C � , You are hoV)tay tified to correct the violation within r ors from the above date and time of this nilure 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. Vde y: forcement Officer r O CERTIFIED , • • Q' Domestic Mail Only Er , J - 6 i�7 r3 Certified Mall Fee cp $ rU Lxtra SerVioeS d Fees (d»ck bni'.dd fee m r^ rq ❑ Return Receipt (lurdcopy) $ ❑ Return Receipt (elwftn1c) $ 12w. I Postmark ❑ Certifled Mall Restricted Delivery. $ - ❑ Adult Stpnature Required � []Adult SWt ture Reetrlcted Delivery $ + Postage Jf r r r l Totel Postage end Foss r%- M $ �p 5tfee an f. or a Ln 5 ... 4.e -.rye Q- ON te; SetJasti; ;) !'o;ic �cNart,.,�nt ORLANDO FL 3W Cody �ntorcement Cod.- EntoKlain eUS POSTAGE—PITNEY BOWES 15 -JULJUG. ?O24 P!4 _ Id0-"',,— if—, - Sebastian, `FL 32958 ZIP 32958 $ 0�9.�4�p 9589 p77,p 5270 1280 0964 90 &` 02 7H 0001348317 JUL 15 .. 4P gam` a '" " Joseph & Christine Lahout nl� — JUL 31 2M4 950StarflowerAve —R—T—S— 329564092-1N 009 07/28/24 Sebastian, FL 32958 RETURN TO SENDER DECEASED UNABLE TO FORWARD RETURN TO SENDER w Jrat iwtx.ir7l i�r.� rrr III 11'ellr'LI'.'.11'rrIII III oil 1911111l 5 N - 0?10 s 1280 s- 0: �EpARTMEIyT EXHIBIT 9 O 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 August 14, 2024 IN THE MATTER OF: CASE NO. C24-023206 Joseph & Christine Lahout 950 Starflower Ave. Sebastian, FL 32958 ADDRESS OF VIOLATION: 950 STARFLOWER AVE. SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 13, Blk 331, Lot 6, PBI 7-82E. Parcel# 31382600001331000006.0 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 17th day of September, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Lahout August 14, 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 Richalac hini Code Enforcement Officer #672 Lahout August 14, 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 Lahout August 14, 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 A' ''y day of zp -!t 52024. B�� , y Richard lac hi Code Enforcement Officer #672 LISPS Tracking® FAQs > Tracking Number: Remove X 9589071052701280097008 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was returned to the sender on August 19, 2024 at 1:48 pm in SEBASTIAN, FL 32958 because it could not be delivered as addressed. Get More Out of USPS Tracking: USPS Tracking Plus' Alert Return to Sender SEBASTIAN, FL 32958 August 19, 2024, 1:48 pm • Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER August 17, 2024, 9:22 am • Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER August 16, 2024, 11:04 pm • Hide Tracking History What Do USPS Tracking Statuses Mean?(https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u m cu cn a Cr m n X