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Home My WebLink About26-005150-679 ELLINGSEN AVE-TRASH & DEBRIS-MAGISTRATE PKTCity of Sebastian Special Magistrate Hearing Date: February 17, 2026 @ 2:00 P.M. Case Number: CE 26-005150 In the Matter of: Helen Clark Property: 679 Ellingsen Ave., Sebastian, FL 32958 EXHIBIT LIST Exhibit (Number or Description Letter) 1 Computer Aided Dispatch (CAD)Calls for Service 2 Initial Notice of Violation and Accompanying Photographs 3 Notice to Appear for February 17, 2026 Hearing/Certified Mail and Photographs 4 Magistrate order from April 15, 2025 & September 16, 2025 CAD Call Log Sebastian Police Department 1201 Main St, Sebastian, FL 32958 C264 005450 Time Received Situation Location 02/04/202613:37:57 S581(TRASH VIOLATION) 679 ELLINGSEN Ave Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Self Intiated Written Warning Given Curtis Responding Personnel Unit/Role Dispatched En Route On Scene Transport Arrive Depart In Cleared Unit Total Quarters Disposition Time 92-674Pdmary 13:37:57 13:38:00 13:55:09 Written Warning 00:17:12 Given Responder: Bloomfield, Curtis Total time: 00:17:12 Agency Reports Department Report Number Call Notes On 2026-02-0413:37 cbloomfield logged Call Created On 2026-02-0413:39 cbloomfield logged 66-3.(1). The owner has Trash, Debris , Litter & Junk, that's piled up by the front entrance door & the garage door. The owner will be schedule for the next Magistrate's hearing this month. Repeat violator. On 2026-02-0413:55 cbloomfield logged Call Closed Time Received 02/09/2026 10:38:47 CAD Call Log Sebastian Police Department 1201 Main St, Sebastian, FL 32958 Situation S58L (Notice of hearing posting) Dispatcher How Received Contact Bloomfield, Self Intiated Curtis Responding Personnel Unit/Role Dispatched En Route On Scene Transport Arrive 92-674Primary 10:38:47 10:38:49 Responder: Bloomfield, Curtis Agency Reports Department Report Number Call Notes On 2026-02-0910:38 cbloomfield logged Call Created On 2026-02-0910:43 cbloomfield logged 66-3.(1). The property is posted with a copy of the notice of hearing , scheduled for 02/17/26 for case#26-005150. On 2026-02-0911:10 cbloomfield logged Call Closed Location - 679 ELLINGSEN Ave Primary Officer Disposition Property Posted For Abatement Depart In Cleared Unit Total Quarters Disposition Time 11:10:18 Property Posted 00:31:31 For Abatement Total time: 00:31:31 City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date Time 1338 Served on j��-(� 4wa+taF,�cFsU As Owner, Resident Qr Agent of property located at 6'+01 Inspection of property indicates a violation of City Ordinance Section �' (1) AErc4LoLt ` r Q,j UP c NJ F-e--t>zt e.> C-- `6 , FA0=13- 71- You are hereby not'not&d to correct the violation within urs)from the above date and time of this notic re 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. Vode , by: Cam. En forcemenficer USPSTRACKING# 9488 9090 0027 6007 0672 44 SIG CON: FOR TRACKING GO TO USPS.COM 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 February 09, 2026 IN THE MATTER OF: CASE NO. C26-005150 Helen Clark 679 Ellingsen Ave. Sebastian, FL 32958 ADDRESS OF VIOLATION: 679 ELLINGSEN AVE. SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 02, Blk 91, Lot 26, PBI 5-34. Parcel# 31380100003091000026.0 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...: (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. such improved corner lot and need not be located to the rear of the front building line for the secondary front yard. REPEAT VIOLATOR Clark February 09, 2026 Page two Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 17th day of February, 2026 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. 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 Curtis Bloomfield Code Enforcement Officer #674 Clark February 09, 2026 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 Clark February 09, 2026 Page four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Special Magistrate was ail delivered to the above -named violator at the address stated above this day o f t� 2 aLA � 2026. By Curtis Bloomfield Code Enforcement Officer 74 CRYOF 9589 0710 5270 1442 2763 02 SEQ N • CODE ENFORCEMENT I SPECIAL MAGISTRATE FINDINGS OF FACT, CONCLUSIONS OF LAW HOME OF PELICAN ISLAND AND SPECIAL MAGISTRATE ORDER OR LIEN CITY OF SEBASTIAN, THE CODE ENFORCEMENT SPECIAL MAGISTRATE a Florida municipality, IN AND FOR THE CITY OF SEBASTIAN, FLORIDA Petitioner, Case No. 25-010044 V. Hearing Date: ADHI 15. 2025 ParcelID#: 31380100003091000026.0 HELEN CLARK Property Address: 679 Ellinasen Ave. Sebastian. FL 32958 Respondent(s). 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 Aoril 15. 2025, and based on the evidence presented, the Code Enforcement Special Magistrate enters the following: FINDINGS OF FACT 1. The Respondents) listed above are the owners) of the above -described real property. 2. On 03/12/2025 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 f11— ILLUSTRATIVE ENUMERATION, ACCUMULATION OF TRASH, DEBRIS AND JUNK. 3. Respondent(s) were initially issued a Notice of Violation 03/12/2025. 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 03/13/2025. The notice was unclaimed on 04/0312025. 5. The Respondent(s) were property served with the Notice of Hearing pertaining to the ADdl 15. 2025 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 not appear before the Special Magistrate at the date specified to present testimony, evidence and address the violations alleged. T. 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 2 CONCLUSIONS OF LAW 1. A hearing was held on ADdl 15. 2025 at which time the property owners)/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 not appear before the Special Magistrate on the hearing date specified to address the violations alleged. 4. The Code Enforcement Officers) 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 ADril 15.2025. 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 04/15/2025 Ro yn Ha away / Special Magistrate CITY OF SEBASTIAN, a Florida municipality, u HELEN CLARK Petitioner, Respondent(s). 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. Hearing Date: Parcel IDd: Property Address: Legal Description: 25-037347 September 16, 2025 31380100003091000026.0 679 Ellinosen Ave. Sebastian FL 32958 SEBASTIAN HIGHLANDS UNIT 02 BLK 91 LOT 26 FBI 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 September 16. 2025, and based on the evidence presented, the Code Enforcement Special Magistrate enters the following: FINDINGS OF FACT The Respondent(s) listed above are the owners) of the above -described real property. 2. On 09/05/2025 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 09/05/2025. 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 09/05/2025. The delivery was attempted on 09/08/2025 & 09/13/2025. 5. The Respondent(s) were property served with the Notice of Hearing pertaining to the September 16. 2025 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. 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. S. 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 and April 15, 2025. FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 2 of 3 CONCLUSIONS OF LAW A hearing was held on September 16. 2025 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 f — 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 Officers) 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 September 16.2025. 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 09/16/2025 FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 3 of 3 Robyn Hattaway Special Magistrate