HomeMy WebLinkAbout26-005150-679 ELLINGSEN AVE(TRASH & DEBRIS 66-3(1))
CODE ENFORCEMENT | SPECIAL MAGISTRATE
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND SPECIAL MAGISTRATE ORDER OR LIEN
CITY OF SEBASTIAN,
a Florida municipality,
Petitioner,
v.
HELEN CLARK
Respondent(s).
THE CODE ENFORCEMENT SPECIAL MAGISTRATE
IN AND FOR THE CITY OF SEBASTIAN, FLORIDA
Case No. 26-005150
Hearing Date: February 17, 2026
Parcel ID#: 31380100003091000026.0
Property Address: 679 Ellingsen Ave,
Sebastian, FL 32958
Legal Description: SEBASTIAN HIGHLANDS UNIT 02
BLK 91 LOT 26 PBI 5-34
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
February 17, 2026, 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 02/04/2026 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 (1) – ILLUSTRATIVE ENUMERATION, ACCUMULATION OF TRASH, DEBRIS AND JUNK.
3. Respondent(s) were initially issued a Notice of Violation 02/04/2026. The aforesaid conditions constituted violation
of the Code and were to be corrected.
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 02/09/2026. The delivery is in pre-shipment as of
2/10/2026.
5. The Respondent(s) were properly served with the Notice of Hearing pertaining to the February 17, 2026 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.
6. The Respondent(s) and/or representatives did 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.
8. Respondent has been previously cited and found in violation of the same section 66-3(1) on August 29, 2023, April
16, 2024, October 15, 2024, April 15, 2025 and September 16, 2025.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND SPECIAL MAGISTRATE ORDER OR LIEN
Page 2 of 2
CONCLUSIONS OF LAW
1. A hearing was held on February 17, 2026 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:
SECTION 66-3 (1) – ILLUSTRATIVE ENUMERATION, ACCUMULATION OF TRASH, DEBRIS AND JUNK.
2. 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 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.
5. Respondent having been previously adjudicated for violations of this same section of the Sebastian City Code of
Ordinances is hereby determined to be a repeat violator under the provisions of Florida Law, Chapter 162.
ORDER
1. The Respondent(s) shall bring the property into compliance with this Order on or before February 17, 2026.
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 $500.00 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 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 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 within 30 days of the rendition of this Order.
6. Any future violations shall be considered repeat violations pursuant to Florida Statutes, Chapter 162 and subject
to additional fines.
DONE AND ORDERED on 02/17/2026
______________________________________
Robyn Hattaway
Special Magistrate