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
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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
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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.
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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
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�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
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Your item was returned to the sender on August 19, 2024 at 1:48 pm in SEBASTIAN, FL 32958 because it
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