Loading...
HomeMy WebLinkAbout11-23-2021 MinutesSEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING NOVEMBER 23, 2021 The Hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. Present: Special Magistrate Kelley H. Armitage, City Attorney Manny Anon, Jr., Code Enforcement Officer Curtis Bloomfield, Code Enforcement Officer Richard lachini, Deputy Police Chief Greg Witt, Administrative Assistant Janickie Smith, Dom Bosworth, Planning Manager Barbara Brooke -Reese, MIS Manager, and Janet Graham, Technical Writer Ms. Smith swore in staff and all persons who would be speaking. IIIIIIIIIIIIIIIIIIII)*110KO r:io'7"i Mr. Anon stated that he would like to take the second case on the docket out of ordler and begin with the following case: CE-21-022282, Liang Inc., 1401 Indian River Drive. Mr. Anon stated that the parties have come to an agreement, and Jonathan Rhodeback will testify. The owner is here if there are any questions for him. There has been agreement that the only issue still remaining is the east side parking area. The owner wants an opportunity to see if a site plan can be procured. The City has agreed to give the owner 60 days to get the site plan approved and get it implemented. In addition, Mr. Rhodeback will work with the owner in order to obtain a Power of Attorney authorizing him to do so. Magistrate Armitage informed everyone that he has advised the City and counsel that he knows Mr. Rhodeback as they both work in the same law firm. The City has riot objected, and the owner of the property has not objected to Magistrate Armitage hearing this case. II. Initial Hearina of Code Violations Case No.: CE-21-022282 LIANG INC. 1401 INDIAN RIVER DRIVE SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 2 NOVEMBER 23, 2021 Sec. 54-4-18-2(e) Applicability and Filing Procedures (Site Plan Review) The Magistrate called on Mr. Rhodeback for his input. Mr. Rhodeback identified himself and stated he is here on behalf of Liang, Inc., which is the owner of the property, and Mo-Bay Grill, Inc., which is the tenant at the property. Mr. Rhodeback stated that there has been an agreement reached. The issue that has been involved in this particular situation is just finding an engineer to get the plans completed. He further stated that they will be attempting to obtain an engineer locally and, if that is not possible, they will go out of the area. Thus, the site plan application can be filed and approved by the City by 60 days, and thereafter they by 60 days to implement what is submitted to the City and have it constructed. There have been several discussions between City staff and his client already as to what needs to be tweaked in order to get it up to compliance with the codes. There is certain landscaping that must be installed as well as a stormwater swale. Also, they want to deal with the traffic flow regarding painting the lines in the parking lot so that it can be more formal and official. Mr. Anon stated the recommendation is that the City will agree to the 60 days to get the site plan started and another 60 days to fully implement it in compliance with the codes. In addition the City also will require a Power of Attorney that Mr. Rhodeback is representing the owner as well. Mr. Anon stated that the City is willing to waive the administrative fees for now as well as the daily fine of $100.00. If, however, at the end of the 120 days the work has not been completed, the fine will start, and he advised the owner of that. So ordered by the Magistrate. Case No.: CE-21-034377 DAMIEN H. & BONNIE FEY GILLIAMS 490 US HIGHWAY 1 Applicability and Filing Procedure (Site Plan Required) Mr. Anon stated he will be presenting two witnesses. Mr. Gilliams stated he had sent a letter to the Magistrate asking for a continuance. The Magistrate stated he did not receive that letter. Mr. Gilliams gave the Magistrate a copy of the letter. Mr. Anon stated that the letter was received and given to the clerk in the PD Department. It was Mr. Anon's understanding that the continuance was denied by the Deputy Chief. After reading the aforementioned letter, the Magistrate inquired of Mr. Gilliams what efforts he has made to obtain counsel. Mr. Gilliams stated he had contacted his existing criminal attorney as well as his engineer, Mr. Smith. Because of the holiday and his schedule, Mr. Smith would not be available for at least 30-60 days as well. Mr. Gilliams stated he needs someone who specializes in land development. That was the issue as SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE: 3 NOVEMBER 23, 2021 far as obtaining an attorney for this matter. There was discussion between the Magistrate and Mr. Gilliams regarding how long Mr. Gilliams had been aware of this issue, the matter of service of the notice, the matter of obtaining a site plan for the property, etc. He stated the site plan had been submitted approximately two months ago, and he has not heard back from the City. Mr. Anon introduced a copy of a letter dated July 1", 2021 from the City Manager and the Community Development Director that went out to all the businesses, including the No Name Bar. Mr. Gilliams stated he had received the letter, but he felt that this letter did not pertain to him, as his property did not fall into the category described in the letter. His situation existed before the pandemic. Mr. Anon stated that the City did riot agree with Mr. Gilliams' position because the chairs, etc. were not in compliance with this site plan. Therefore, an amended site plan had to be submitted. A rough draft of a site plan was submitted initially in order to get some feedback. Testimony regarding this will be presented by Ms. Dorri Bosworth, Planning Manager for the City. On September 15t, the official application was submitted, which did not address the complaint, and since September 15t until today Mr. Gilliams has not reached out to the City, and the City has not reached out to him. Mr. Gilliams stated there was back and forth between him and the Community Development Department. Mr. Anon stated that notices of noncompliance went out to eight different businesses. Seven of those businesses have complied, and the No Name Bar remains in noncompliance. Mr. Gilliams stated his position is that, because he has documentation from the previous Director of Community Development as well as Alcohol and Tobacco and the Health Department of the State of Florida showing that he has permission to have the furniture outside the building, he is in compliance. Ms. Bosworth testified regarding what is contained in her file, and there was discussion among Ms. Bosworth, the Magistrate, and Mr. Gilliams regarding the documents that were in the City files. Mr. Gilliams is of the opinion that there is a discrepancy in the documents, and he once again asked for a continuance of this hearing so that he can obtain counsel to represent him. The Magistrate agreed that Mr. Gilliams is entitled to representation, but Mr. Gilliams should have attempted to obtain counsel earlier, and there is no evidence that he did. The Magistrate stated that he sees an absence of substantive attempts by Mr. Gilliams to contact engineers or attorneys in a timely manner. Thus, this hearing will go forward, and he asked what witnesses Mr. Gilliams intends to call in this case. Mr. Gilliams stated his son will testify as well as a customer of his business who has been a customer for a lengthy period of time who can testify as to the tables and chairs. The Magistrate called on the City Attorney to present the City's case. Officer Curtis Bloomfield identified himself and his position with the City of Sebastian. He has been a Code Enforcement Officer for approximately 15 years. Mr. Arion examined Mr. Bloomfield regarding his knowledge and activity regarding this case. SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 4 NOVEMBER 23, 2021 Officer Bloomfield reviewed the case, including the posting of the property and the dates of all his activity beginning with July 15t, 2021. Mr. Anon stated that at the end of this testimony he would submit all the City's notes, photographs etc. into the record. Mr. Gilliams objected to several of the documents offered into the record. Mr. Anon then asked Officer Bloomfield if the respondents were properly served with notice for this hearing. Officer Bloomfield stated they were, and reviewed how service occurred, including notice via Certified Mail. Mr. Anon then asked Officer Bloomfield that, as a result of his inspection, the respondents were found to be in violation of Section 54-4- 18.2(e), which is called the Applicability and Filing Procedures due to unapproved outdoor seating areas, tables, chairs, bars, and grills, etc. Officer Bloomfield stated yes. Mr. Anon asked Officer Bloomfield if the respondents were provided with proper notice of this hearing by means of hand delivery, posting, certified mail —return receipt —as well as it being posted here in City Hall. Officer Bloomfield stated that is correct. Mr. Anon asked Officer Bloomfield if, as of this date, respondents have failed to comply. Officer Bloomfield stated yes. Mr. Anon asked Officer Bloomfield what he is requesting the Magistrate to find in his order today. Officer Bloomfield is asking to have the owner remove all tables and chairs, etc. within 72 hours as well as administrative costs of $100.00 and, if the owner does not comply with the deadline set, he is asking for $100.00 per day fine to be levied against the property, plus any additional costs that the City incurs according to Section 162.094 of the Statute as well as Section 54-4-18.2(e). Also, if the violation is not corrected by the compliance date set forth in the order, he is also asking pursuant to Section 162.08(5) of Florida Statutes to take whatever steps the City deems necessary to bring the violation into compliance at the cost of the owner(s). He added that, if the owner(s) is/are willing to comply, they should contact Officer Bloomfield personally so that he can verify that the situation has been rectified and Officer Bloomfield should be given permission to come onto the property. At this point, Mr. Anon offered all the documents discussed into the record. At this point, Mr. Anon proffered Office Bloomfield for cross-examination. Mr. Gilliams objected to the documents and files of the City being introduced into the record until he can review them. The Magistrate gave time to Mr. Gilliams to review those documents. (OFF THE RECORD) Discussion held off the record. (BACK ON THE RECORD) Mr. Gilliams called Cheryl Lynn Collins who gave her address as 433 Arbor Street, Sebastian. He asked the witness to tell the Magistrate what she knows about the No Name Bar's tables and chairs that are located on their property in the grassy area, and when she knew about these items. Ms. Collins said she has gone to this establishment for approximately 15 years. She estimated that 7 or 8 years ago they started providing outside seating, where she usually sat. Mr. Gilliams questioned the witness about her SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE: 5 NOVEMBER 23, 2021 experience seeing Officer Bloomfield on the property. She stated she has never seen the officer on the property. She visits the establishment 2 or 3 times a week and has been served food and drinks outside by an employee of the establishment. Mr. Anon asked the witness if she is here today to testify that Mr. Gilliams' site plan with the seating, etc. outside has been approved. She said no. He asked her if she is aware if the other businesses with outside seating are in compliance. She stated she is not. Witness was excused. Mr. Anon called Ms. Dorri Bosworth to testify. Ms. Bosworth identified herself and her position with the City. She has been in the Planning Department for 27 years and the last 7 years as Manager. Mr. Anon questioned her regarding her involvement with this case. She reviewed her involvement, and also reviewed the requirements for outside seating, both during the pandemic and during the period after the emergency measures were lifted by the State. Adequate parking was one of those requirements. She reviewed how notice was sent to the businesses in the City who had added outside seating during the pandemic as to how they would be allowed outside seating after a site plan was approved for their properties. Ms. Bosworth stated all eight businesses who were contacted came into compliance except one, being the No Name Bar. Ms. Bosworth showed the documents that are contained in her official file, and Mr. Gilliams objected to the documents offered. The objection was overruled. Ms. Bosworth stated the City is asking Mr. Gilliams to remove the outside seating tables, chairs, etc. until such time as a site plan showing these seating areas, as well as the parking areas, have been approved; then the furniture can be replaced outside. Mr. Anon asked if the comments that were made by the Planning Department regarding the conceptual plan were addressed in the September 2"d official plan that they submitted. Ms. Bosworth stated no, most of those comments had not been addressed. Mr. Anon asked if, as of today, the No Name Bar and the respondents are in compliance if those tables, chairs, etc. are still outside on their property. Ms. Bosworth stated they are not in compliance. Mr. Anon offered the witness for cross-examination. Mr. Gilliams asked if Ms. Bosworth is a certified engineer. Ms. Bosworth stated she is not. There either is a city engineer on board or consulting engineers who review site plans. Mr. Gilliams addressed the document that the Director of Community Development, Joe Griffin, signed off on. Mr. Anon clarified that he has proffered the witness for cross-examination, and Mr. Gilliams is now making closing statements. The Magistrate asked Mr. Gilliams to limit his participation at this time to questions of 'the witness. (OFF THE RECORD) Discussion held off the record. (BACK ON THE RECORD) SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 6 NOVEMBER 23, 2021 The Magistrate heard arguments between the City and Messrs. Gilliams regarding how the Code Enforcement Officer responds to complaints concerning code violations as well as the procedure for having site plans approved by the City. Mr. Anon objected to the arguments by the respondents as not being germane to this case. During this discussion, Mr. Gilliams, Sr. asked for a continuance of this hearing in order to try to work things out with the City. The Magistrate called on the City for summation. Mr. Anon stated in his summation that the chief complaint in this case is the issue of the respondents' noncompliance. The Magistrate called on Mr. Gilliams for rebuttal. There was discussion among Mr. Gilliams, Sr., the Magistrate as well as the City. Mr. Gilliams, Sr. stated he still feels that the City is using selective enforcement against his business. The Magistrate called for a recess off the record for the parties to have discussion. (OFF THE RECORD) Discussion held off the record. (BACK ON THE RECORD) Mr. Anon stated that he reached out to the people who signed the letter back in July to see what their positions are on this matter. They were asking questions as to what others have done and was told that the others have complied. He again stated the chief issue is regarding whether or not this specific site is in violation at this point in time by their outside seating. That is the evidence that the City has presented, and the City still stands by their position. He stated he is willing to extend this matter until after the Thanksgiving holiday in order for them to comply, but the City stands by its position at this time. Ms. Bosworth clarified that the City is not showing favoritism to any one business, and there have been code violations by the No Name Bar over the past several years that had to be addressed. The Magistrate asked Mr. Gilliams, Sr. whether he accepts the offer by the City to give him until the Monday after Thanksgiving to come into compliance. Mr. Gilliams stated he rejects that offer because he feels that, if he was not in compliance, why was that issue not raised back in 2017. The Magistrate asked the City if the daily fine of $100.00 would stop when the site plan was approved. Ms. Bosworth verified the daily fine would stop when the site plan was approved. Mr. Anon clarified that the fine would continue to accrue until the site plan is approved and implemented. There was discussion regarding the other businesses whom Mr. Gilliams has stated are not in compliance and still have outdoor seating. Mr. Gilliams reviewed the other businesses that he portends are not in compliance, and he presented photos to that effect. Messrs. Gilliams reiterated that their grievance is that there is selective compliance enforced by the City. There was discussion regarding these photos among Messrs. Gilliams, Ms. Bosworth, Code Enforcement Officer Bloomfield, and the Magistrate. SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE. 7 NOVEMBER 23, 2021 Mr. Gilliams, Sr. called Mr. Gilliams, Jr. as his next witness. Mr. Anon stated that if Mr. Gilliams is going to offer testimony totally different from what has already been given, lie has no objection. However, if this is going to be reviewing the same testimony as has already been given, he is objecting to this witness. Mr. Gilliams, Jr. presented a site plan of the No Name Bar property and described it and suggested that this is a site plan that contains all the requirements of the City. Mr. Anon objected to this testimony, as it is not in the form of questions and answers. Mr. Gilliams offered the site plan as well as other documents into evidence. After Mr. Anon examined the documents which Mr. Gilliams is offering into evidence, he objected to the relevance of those documents that do not relate to this case. The objection was overruled, and all the documents were admitted into evidence. Mr. Gilliams, Sr. then gave a closing statement following which Mr. Anon gave a closing statement. There being no further testimony from either side, the Magistrate stated that he will take the case under advisement, and the parties will be provided with his decision. (OFF THE RECORD) Discussion held off the record. (BACK ON THE RECORD) Case No.: CE-21-027722 DONALD AND ARLENE H. BAKER 441 FORDHAM STREET Sec. 66-3 Illustrative Enumeration Mr. Anon read the docket for Appeal of Code Violation and called on the City's representative to present its case. He also asked that, for this case the entire packet from the Code Enforcement officer, including all the returns, notices, and all the photos be entered as part of the file. So ordered by the Magistrate. Code Enforcement Official for the City of Sebastian, Curtis Bloomfield, identified himself and his position with the City of Sebastian. Officer Bloomfield reviewed that he had received a complaint about high grass and weeds on this property. He inspected the property on July 15c and found that it was in violation of Section 66-3(11) of the City code. He cited the property. Certified Mail was sent and signed for, and the property was posted on July 27t'. He displayed photographs on the monitor showing the postings as well as the high grass and weeds. He has had no response from the property owners. He is asking the Magistrate to find the property in violation of the section noted above and allow the City to abate this property. He is also asking for $100.00 in administrative costs and no time to cure. He is attempting to have it mowed immediately so the condition does not exist over the holidays and the neighbors do not SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING PAGE 8 NOVEMBER 23, 2021 have to look at it in its present condition. The Magistrate noted there is no one in chambers and was told there was no one on Zoom who wished to speak. Hearing no objection, so ordered by the Magistrate. Case No.: CE-21-004419 EDWARD G. & CAECILIA PARKER 1221 GEORGE STREET Sec. 66-3 Illustrative Enumeration Mr. Anon read the docket for Appeal of Code Violation and called on the City's representative to present its case. He also asked that, for this case the entire packet from the Code Enforcement officer, including all the returns, notices, and all the photos be entered as part of the file. So ordered by the Magistrate. Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini reviewed that this case was before the Magistrate in a previous hearing. It was abated. Certified letters were sent, but they were returned as undeliverable. He is asking for a lien of $399.82. That includes the administrative costs. Noting no one in chambers and there being no one on zoom, and hearing no objection, so ordered by the Magistrate. Case No.: CE-21-008258 ANGUS B. & NORA T. JOYNER 322 BISCAYNE LANE Sec. 66-3 Illustrative Enumeration Code Enforcement Official for the City of Sebastian, Richard lachini, identified himself and his position with the City of Sebastian. Officer lachini reviewed that this case was brought before the Magistrate previously. There are four names on this property who inherited this property. No one wants to take responsibility. He has spoken to two of these people by phone. He was told to abate the property and lien it. The notices were received, and the owners said they did not want to have anything to do with it. The property was abated. He is asking for a lien totaling $813.85 including administrative fees. There being nothing further and hearing no objection, so ordered by the Magistrate. CITY OF SEBASTIAN, a Florida municipality, Petitioner, V. DAMIEN H. & BONNIE F. GILLIAMS, 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. 21-034377 . Hearing Date: November 23, 2021 ParcelID#: 31390600020009000001.0 Property Address: 490 US Hwv 1, Sebastian. FL 32958 Legal Description: EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS 5 FT OF LOT 5 BLK 9 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 11123/2021, 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 08110/2021, 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 violating Section 54-4-18.2 (e) — Applicability and Filina Procedures, unapproved outdoor seating which is in violation of the City of Sebastian Code. Respondent(s) were initially issued a Notice of Violation on 08/18/2021. The aforesaid conditions constituted violation of the Code and were to be corrected within fifteen (15) days after signing the USPS Return Card up to 9/10/2021. 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 10/21/2021. 3. The Respondent(s) were properly served with the Notice of Hearing pertaining to the November 23, 2021 Public Hearing before the Code Enforcement Special Magistrate by: Certified Mail, Return Receipt Requested, Posting on the property, posting the Notice of Hearing at the property and City Hall and pictures of the posting on the property and the Respondent holding up the Notice. 4. The Respondent(s) and/or representatives did appear before the Special Magistrate at the date specified to present testimony, cross examine witnesses, present evidence and address the violations alleged. 5. The Code Enforcement Officer and Community Development Manager/Planner of the City of Sebastian appeared and presented competent substantial evidence of the violation and amended site plan approval process which is made part of the official record of this matter. 6. The Respondent(s) appeared, presented arguments and some evidence that the City of Sebastian selectively enforced its codes as it pertained to them in this matter. 3120210082158 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3487 PG: 2365 Page 1 of 3 11/30/2021 12:55 PM FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 2 of 3 CONCLUSIONS OF LAW A hearing was held on 11/23/2021 at which time the property owner(s)/Respondent(s) were given an opportunity to present all evidence, testimony, cross examination of witnesses 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: Code Section: I Description: I Daily Fine: 54-4-18.2 Applicability and Filing Procedures (Site Plan Review) $100.00 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) and Community Development Manager/Planner of the City of Sebastian appeared and presented competent and substantial evidence of the violation, including testimony, evidence, a City's July 1, 2021 Letter to eight (8) vendors (including Respondents) of the exact site plan violation of which seven (7) complied. Further competent and substantial evidence was presented that the 2017 BAFTE Application was not a City approved amended site plan, or the copy the City received from BAFTE and other evidence of the amended site plan approval process was presented, including but not limited to photos, CAD Call Logs, Notices, letters/emails, Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) packet, surveys and other evidence of service and the violation which are contained in the official record of this matter. 5. The Respondent(s) failed to present competent and substantial evidence that the City of Sebastian selectively enforced its codes. Further, Respondent(s) failed to present competent and substantial evidence that BATFE Application approval in 2017 was the equivalent to a City of Sebastian Amended Site Plan approval as it pertains to this matter. ORDER 1. The Respondent(s) shall comply with Section 54-4-18.2 (e) — Apolicability and Filina Procedures, outdoor seating is in violation of the City of Sebastian Code, within 72 hours (NLT 12/03/2021) by removing all outdoor tables, chairs, bars, grills, etc. until such time that an Amended Site Plan is stamped approved by the City of Sebastian and in compliance with the approved Amended Site Plan. 2. Respondent(s) are ordered to pay an administrative fee in the amount of 100.00 representing reasonable costs incurred by the City of Sebastian during its investigation and prosecution of this case if not in compliance by the date set by the Code Enforcement Special Magistrate above. 3. If the Respondent(s) fails to comply with the deadline set forth in this Order on Paragraph #1 above, a fine is ordered in the amount of $100.00 per violation/per day as a first violation to be levied against the property or any other property own by the owner in Indian River County, plus any additional costs that are incurred by the City Pursuant to Section 162.09, Florida Statute. 4. If the violation(s) is not corrected by the compliance date set forth above, the City of Sebastian is hereby authorized, pursuant to Section 162.08 (5), Florida Statutes, to take whatever steps are necessary to bring FINDINGS OF FACT, CONCLUSIONS OF LAW AND SPECIAL MAGISTRATE ORDER OR LIEN Page 3 of 3 the violation(s) into compliance, the cost of which will be charged to the Respondent(s) at a later hearing at which time 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. 5. 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. 6. This Order may be appealed with the Circuit Court in Indian River County pursua Florida Statutes. Such appeal shall not be a hearing de novo, but s all be li . ed to record in this matter. An appeal shall be filed within s 9tt Andit' n off DONE AND ORDERED this on November 30, 2021. KE EY H. ARMI Sp cial Magistr e Case No. 21-034377 Approved for form and legal Sufficiency by the City Attorney's Office for the City of Sebastian 1225 Main Street, Sebastian, Florida 162,11, review of the 9489 0090 0027 6338 4005 70 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 OCTOBER 21, 2021 IN THE MATTER OF: CASE NO.21-034377 DAMIEN H. & BONNIE F. GIILIAMS 1623 N US HWY 1 #A-5 SEBASTIAN, FL 32958 ADDRESS OF VIOLATION: 490 US HWY 1 SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BLK 9:. 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 Land Development Code of the City of Sebastian Section 54-4-18.2, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-4-18.2 Applicability and Filing Procedures {Site Plan Review}. (e) Conformance with land development regulations required. All buildings, structures, or uses shall be erected, altered, and maintained in full conformity with the provisions of the land development regulations and approved site plans. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 23rd day of November, 2021 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Gilliams October 21, 2021 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 Curtis Bloomfield "\ Code Enforcement Offi er #674 Gilhams October 21, 2021 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 Gilliams October 21, 2021 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/ elivered to the above named violator at the address stated above this 0- [ S"'- day of _0 CToU) r&,,L , 2021. M By Curtis Bloomfield Code Enforcement O icer #674 UNITED STi]TES M91 POST/�L SERVICE: Date Produced: 08/30/2021 CITY OF SEBASTIAN: The following is the delivery information for Certified MaiITM item number 9489 0090 0027 6337 9258 52. Our records indicate that this item was delivered on 08/25/2021 at 10:41 a.m. in SEBASTIAN, FL 32958. The scanned image of the recipient in ation is provided below. Signature of Recipient : 0 Q1 Q Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 1348317 33543083 9489 0090 0027 6337 9258 52 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Tel: 772-589-5233 Hotline: 772-388-4436 POSTED NOTICE OF VIOLATION Name of owner: Damien H. & Bonnie F. Gilliams Date: August 18, 2021 Address of owner: Address of violation: 1623 N US Hwy 1 #A-5 Sebastian, FL 32958 490 US Hwy 1 Sebastian, FL 32958 Case: 21-034377 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida: Edgewater Park Sub PBI 1-23, Lot 1 less Hwy R/W & Lots 2 to 5 INC, less E 5ft of Lot 5 BLK 9. An inspection of this property discloses, and the City has found and determined, that conditions exist thereon which are violations of Section 54-4-18.2 of the Land Development Code of the City of Sebastian in that: Sec. 54-4-18.2. Applicability and Filing Procedures [Site Plan Review] (e) Conformance with land development regulations required. All buildings, structures, or uses shall be erected, altered, installed, and maintained in full conformity with the provisions of the land development regulations and approved site plans. .4 l'f;"1`liI IT.-t'N'I).§ITEl`'1,AN UPD)4T1_ IS R.E; I; RD l-'C?R 77-IE 01,17 BOOR Sh,.177 'G 1./1BLP. -,. . t,<DAJR,'%` `fr B.4R. PL _4.S1: ,Sb"BV1DD'.4LL REQUESTED ESTE) P.4PERWORK TO OBT41N 171E PERJ ff .1: rI) Is CEU P is A PPRO 1'..41. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 54-4-18.2(e) of the Code of Ordinances of the City within i1`t.een 0 5) (lays from the time of receipt hereof, the City of Sebastian will bring this case before the next scheduled hearing of the Code Enforcement Special Magistrate. If you have any questions, please phone the Code Enforcement Division of the City. 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. By Curtis Bloomfield Code Enforcement Officer #674 gPublic.net - Indian River County, FL - Report: 31390600020009000001.0 Page 1 of 4 Indian River County, FL Parcel Summary Parcel ID 31390600020009000001.0 ProplD 31187 Location Address 490 US HIGHWAY 1 SEBASTIAN, FL 32958 Neighborhood City Seb E US1 to River (700027.00) Market Area 70?c:, Brief Tax EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO Description* 5 INC, LESS E 5 FT OF LOT 5 BLK 9 W-`� telp:.'TncDe crip1.;cnabove:snottobewedori t.ga d oArne-its. For additional legal expand the Metes and Bounds section Lelow.) Property Use Nightclub/Bar/Lounge (3300)- Code Sec/Twp/Rng 06-31-39 Tax District 2A SEBASTIAN - REDEVELOPMENT DISTRICT 1 MillageRate 16.8409 Acreage 0.620 Homestead N twisle lymmolsiIh14milimi6 Metes and Bounds Owner Information PrimaryOwner Gilliams Damien H *And Bonnie Fey 1623 N Us Highway 1 #a-5 Sebastian, FL 32958 Valuation 2020 Certified Values 2019 Certified Values 2018 Certified Values 2017 Certified Values 2016 Certified Values Improvement Value $150,448 $155,297 $131,559 $120,200 $120,200 Land Value $184,987 $184,987 $184,987 $184,987 $184,990 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just(Market)Value $335,435 $340,284 $316,546 $305,187 $305,190 Assessed Value $335,435 $340,284 $316,546 $305,187 $305,190 Exempt Value $0 $0 $0 $0 $0 Taxable Value $335,435 $340,284 $316,546 $305,187 $305,190 Maximum Save Our Homes Portability $0 $0 $0 $0 $0 Taxes $6,646.28 $6,755.50 $6,476.07 $6,371.78 $6,504.14 "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 Land Information Code Land Use Desc Amenity Acres Square Feet Act. Frontage Eff. Frontage Depth Zoning S Bar, Neighborhood U - US Highway 1 0.62 27204 0 0 0 CR https:Hgpublic.schneidercorp.com/Application.aspx?AppID=l 109&LayerID=27655&Page... 8/ 16/2021 1 City of Sebastian 66 Sebastian Police Department � 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date's Time -�1 Served on As Owner, Resident or Aent of property located at 4 9,0 U 5 Inspection of proper indicates a_v lation of City Ordinance Section'' Yo"LIL O U -T vj oe:>eL t �, 5J 5 C) U, P 6w6e- vo"O�- kv�t� it You are hereby, ed to correct the aboveviolation within days from the above date and time of this n . ailure 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. /I Sebastian Police Department CAD Call Logs Time Period 10/20/2021 - 10/20/2021 C21.-034377 Time Received Situation Location 08/10/2021 09:32:16 S58 (Code Violations) 490 U S HIGHWAY 1 Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Curtis Self Intiated Bloomfield, Curtis 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 09:32:17 09:32:17 09:32:17 10:18:01 Written Waning Given 00:45:44 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage ....................... ................................................................................................ ........... .................................................. Total Time: 00:45:44 Call Notes On 08/10/2021 at 09:32 Bloomfield, Curtis logged: Call Created On 08/10/2021 at 10:17 Bloomfield, Curtis logged: 54-4-18.2(e). The owner has Tables & chairs next to the building, picnic tables & chairs, bar in the parking lot, & in the green area adjacent to Harrison st, & a picnic table in a green area adjacent to the dumpster. Nov issued & certified mail sent. The owner was given 15 days to remove all outdoor seating or update & obtain approval for all such seating. I spoke with the owner's son/agent. He stated that he will obtain a approval from the city. On 08/10/2021 at 10:18 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:45:44 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 10/20/2021 - 10/20/2021 C2Z»tI3G51b Timc Received Situation Location 08/23/2021 09:01:08 S58E (Code Service) 490 U S HIGHWAY 1 Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Curtis Self Intiated Bloomfield, Curtis Code Service Rendered Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total ,lime 92-674iPrimary 09:01:09 09:01:09 09:01:09 09:13:28 Code Service Rendered 00:12:1 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage . ................................................................. ...................................................................... .. ........ Total Time: 00:12:19 Call Notes On 08/23/2021 at 09?01 Bloomfield, Curtis logged: Call Created On 08/23/2021 at 09:13 Bloomfield, Curtis logged: 1 received a phone call from the owner of the above business. He -wanted to bring me up to speed , to the status of his code violations, that were issued to his business. He stated that he has completed the dumpster screening & is work with the city about his outdoor seating. On 08/23/2021 at 09:13 Bloomfield, Curtis logged: Call Closed "total Calls: 1 Overall Total Time: 00:12:19 Page I of I Sebastian Police Department CAD Call Logs Time Period 10/20/2021 - 10/20/2021 Time Received Situation Location 08/30/2021 13:45:18 S92B (Reinspection) 490 U S HIGHWAY I Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Curtis Self Intiated Bloomfield, Curtis Accident Report Completed Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total'1'im 92-674'Priniar3 13:45:18 13:45:18 13:45:18 14:14:40 Accident Report Complci 00:29 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Mila e Total 'Time: 00:29 Call Notes On 08/30/2021 at 13:45 Bloomfield, Curtis logged: Call Created On 08/30/2021 at 13:48 Bloomfield, Curtis logged: 54-4-18.2(e). The property is posted for case#21-034377. On 08/30/2021 at 14.14 Bloomfield, Curtis logged: Call Closed Total Call Overall Total Time: 00:29: PaQc Sebastian Police Department CAD Call Logs Time Period I I/16/2021 - 11/16/2021 ' "_G.-;z4�Sl ki.': `lf?' y-•�,•.", Y:-}k�.",C�.`Z.�.gr, h:•1w4„<. v`.W.'.t: - ;{' Time Received Situation Location 10/21/2021 10:28:34 S92B (Reinspection) 490 U S HIGHWAY 1 Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Curtis Self Intiated Bloomfield, Curtis Property Posted For Abatement Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters 92-674/Primary 10:28:36 10:28:36 10:28:36 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Cleared Unit Disposition Total Time 11:16:44 Property Posted For Abat 00:48: Total Milage Total Time: 00:48:1 Call Notes On 10/21/2021 at 10:28 Bloomfield, Curtis logged: Call Created On 10/21/2021 at 11:04 Bloomfield, Curtis logged: A copy of the Notice for the scheduled Special Magistrate's hearing was delivered to the owner for case#21-034377. On 10/21/2021 at 11.05 Bloomfield, Curtis logged: The owner & his son were present. On 10/21/2021 at 11:16 Bloomfield, Curtis logged: Call Closed Total Calls Overall Total Time: 00:48:0 Page 1 o', Sebastian Police Department CAD Call Logs Time Period 11/23/2021 - 11/23/2021 CZI-032649 Time Received Situation Location 07/31/2021 08:38:14 S92B (Reinspection) 1221 GEORGE St Dispatcher How Received Contact Primary Officer Disposition lachini, Richard James Self Intiated Iachini, Richard James Property Abated by Vendor Responding Personnel Unit/Role Dispatched En Route On Scene Transport 90-672/Primary 08:38:14 08:38:15 08:38:15 Responder lachini, Richard James (672) Start Mileage .......................................................................................................... I .......................... . . .. . ...................... Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 08:40:18 Property Abated by Vend. 00:02:04 End Mileage Total Milage .................................................................... ........ ............................................................................................. ....... Total Time: 00:02:04 Call Notes On 07/31/2021 at 08:38 lachini, Richard James logged: Call Created On 07/31/2021 at 08:39 lachini, Richard James logged: REINSPECTED PROPERTY, REFERENCE CALL #21-004419. PROPERTY WAS ABATED BY MICCO LAMD SERVICES 7/30/21. On 07/31/2021 at 08:40 lachini, Richard James logged: Call Closed Total Calls: 1 Overall Total Time: 00:02:04 Page 1 of I WFP,PPPP- illillilillillillllllIIIIIIIIIIIIIIIIIIIIIIillillilillool000loop- 60C illillillillillllllllIIIIIIIIIIIIIIIIIIIIIIililillilljlllllllllllillilli10000 0\1 A3 NA 4AP �7a= P. 2 1-0772013 L.17PM FROM Ilk AAST-6029 — Division of Alcoholic Beverages and Tobacco Applica.ion for Extension or Amended Sketch of Licensed Pni,nises STATE OF FLORIDA DBi'R Form GEPARTM:,stion NT 0 SIUSINESS AND PROFESSIONAL REGULATION A8'r 6029 it ..1 ate% i ied 02/2093 lrygp hiive any q or need assistance in completing this application, please car tact the Division ;�f q�! cO, oir; 8everag as & T�ba wo's (AB&T) local district office. Please submit your c om� �:eted appfieatior arrd'regvired fee(s) to yourlccal district office. This application maybe submitted by rnEd, through "'p(Wnimont, orivan ba�drviDped of. A District Office Address and Contact Inton7wticr Sheet can be 4`jtnd-oo AS&Ts aveb sit at 'he link provided below: htto://www.mvflorida.com/dbL)r/abt/distHct offices/licensinn.hlml Tf#'rsjaclion Type `7omI�ovary Extension [ Amended Sketch e� z' is De ram' -.lkP rr}anent Ext4nsion a l SECfI(QN`2'..; li1f;I i!1SE tNFfORMATIO € Li,..n&eo (as listed alcdhotii� beverage license) > s :, ,r• ; I s lSi2ia�}F� (.{vvt ' .= DtlN AfD �/r4 vN 15 rsY B#npss Name (D/P/A) Lo+R�4ddre^�tre87' t Pf ,,; . , e _ ci ' ! coonw state Zi Code tyi�;'S' h�>✓ `2cx �f !�i v� r' FL .Z f �g ' _ A ' halic BeveragelLicense Number Series TypQICig.sOP t ` Bu jq�,ss Telephorna Number Email Addres �7ptwl101) 3xt. •772-`7/� jp7/ U.rPt'�q•�C'i�,l;rK9%J✓�y ;09,TOMPORARVEXTENSIQNS ONLY. Da s :of Extensiow "S r ► �r ri+ ir�.�n+sw a �r ..u�W i < i' 't ABT District Office Received / rjate :;lamp -07720 t a d: 17PM FRf H P 3 l �'.I`I ti..;i r._=...,:. j-`r".r V��v�����V'�MfY�f\li`Rr'!.!`J'�l�K'"R�TFt�''•_:: .,. t '� .+., ja '•ji. �l +t ' `ii•�a �BE Cd3MPI�E7EC�,5'V 3WE: ONINr�'AUZH R TY C V RNiNt „ Ot ;E r ►l; t.�. 7CA Its {t hts;s8ct�!on vnCy a piteg'Eo a pbmiaita�nt.or'tei po ary ekt n icit�i'' t i1_t ow,.'d prerrit es €LTatian Street Address i ` tCit', p ',r County i.i3 Code F;1re there outside areas tvh ch are contiguous to the premises which are to be part of I"ie oremises soi'ght �#a �e ticensed?" [r_j'i 3s No is l "hr PERMANENT e ognsion of the licensed premises as shown in the sketcJi co , plies with zoning :f 1' requirements for the sage of alcoholic beverages pursuant to this application tQ� The TEMPORARY e dension of the licensed premises as shown in the sketuh co fipties with zonin•.f regjirements for the sa a of alcoholic beverages pursuant to this application i ;rh a-praval is acid untlt P� �J.i .. 17�V�{Y��',t%' FI�a�.l,�l:�ia �..?, .:'A'tat a;. y� }..., � •..}� 1?t.l ';i..i.- . ?6:Ei%;r�tEtvts►ot�v`t=l-tilwtsdNnRr,aill�NTs bR' 'COUF+I."FY'HE,Ai:7t�t AUT(40kl"fY ti fi ' OR':'6wFAR`t`MEkY.Ol HEALTH R.DEPA,, TMENT OF AGk)CULTURE & CON' SUMEf2 SERVICE hp;abave stabti,hment c m ies LLah,�Ie requirements of the Florida Sanitary Cott<. i94�ed r 4_.M c�c ' �.. Date 'ttti6 C,�lo 1,,' 1"l s=,L7/ hits approval is valid until ,i if F: It Au4ii�>'1A•5.4d,7 2 11-07-2'313 A:18PM FROM P. a A I."nd 1d Sketch of Pre tutees I Ote smtch of the 3re'nises, drawn in ink or computer generated (letter size) which includes a I OrOanont walls, c!oors, wim ows, counters, labeling each room and area. Changes intay be made to 11 It ii '4.te rior of the existing jremises only; no additional rooms may be added. Ot Zoning Approval is nct required for an amended sketch of premises. '" "ATION CHECKLIST is appropriate transaction below and comply with the corresponding applicatio i requirements. I10 A-Ci� P T E TS Complete DBPR ABT-6029 Division of Alcoholic I l, werages and ivion of Licensed Tobacco Application for Extension or Amended S (-I,tch of Licensed i.- �es Premises U Pay $100 fee for each temporary extension of lice r sed premises requested (make check payable to the Division of /Ocoholic Beverages and Tobacco) Q Complete DBPR ABT-6029 Division of Alcoholic 1:overages and nt led Sketch Tobacco Application for Extension or Amended Sl,, ;tch of Licensed Premises 2 11-07-2013 18PM FROM A 1.11 'A PLICA A Z-01 . 0 f: WWIPti '• ­. NOTA J1 N �s!, Name (DABIA r undersigned individ jalvo, or if a registered legal entity for itself, its officers orld dif?:tors, hereby swear r.rn that I am July ev hor zed to make the above and foregoing application and, as, c uch, I hereby svitar Tri that the attached skelch Is a true and correct representation of the extended li(.k:nsed premlsers 'that the place of bu, iness may be inspected and searched during business hours )r at any time m:, is being conducted on the premises without a search warrant by officers A'th(. )ivision of Alcoholic 69ps and Tol6acco, the iheriff, his deputies, and police officers for the purpo:3i)s C f determining fa,.Ace with tha beverage and cigarette laws," ender oath or affirmat on under penalty of perjury as provided for in Section, 5F:.7911, 562.46 arA Florida staltutes that tie foregoing information is true and correct." �lying for a temporary extension, check the box to confirm the following !ptat.) meat: ,voderstand that th a p,emises must be restored to its original format the ecr elusion of the Wised temp: rary e ent, �E OF I Y OF APPLICAN r SIGNATURE .pr it g o I n g was S,Ivorn to and Subscribed OR fA Acknowledged Before me this. ' 2_Dvy 201.'I__, By 3��k a rla� -f- - ___ - _* wt o is personally (pant name(s) of person(s) making statement') :o me OR ) who produced \<- n n I V-V'\ JOYCE FIGAROLA NOTARY PUBLIC STATE OF FLORIDA Comrn# EE107978 Expires 81114r2015 3 Commission Expires _ --as identification. , .0 .. .. U . I I I I 01111111111111111ir 1 1 _0772 1 013 1 9PM FR)M C; F S i.P11 B sin es 5 Name (D/B/A) 410 IVY"Ie' es Q VO is the proposed premises movable or able to be moved?' 2. Yes C) No' Is there any access through the premises to any area ovt, which you do not have dominion and control? Are there more than 3 separate rooms or enclosures witt oermanent bars or 3. �`es C1 No K counters? Is the business located within a -Specialty Center? If yes, cliecl .:he applicable stai! Tier—, 4.1 "es El No Hi ED 561.20(2)(b) 1, F. S. or 0 561.20(2)(b)2, F. S. Ne y gnaw a floor ph n of thei premises in ink, including sidewalks and other outside areas whi(.h of a contiguous to th:) prelis4, ovalls, doon , counters, sales areas, storage areas, restroorns, bar locations and ar y Oth specific areas which ar', Aq,',bf the premis.-ssought to oe licensed. A multi -story building where the entire building is U. )e licensed must ,;how the: eit,,Ila of each floor. 7 j" f., QNP Vic V') mill 1� A-5.00117 4 #t2 ............ . . en LEGAL DESCRIPTION: LOTS I T HRU 5, BLOCK O 25'. ACCORDING TO THE PLAT I PAGE n of TH RIVER COUNTY, FLORIDA LESS THE EASTERLY 5.0 LESS THAT tp PORIOW OF S 0? WAY FOR HIGHWAY U. iEF- SURVEY OR 2 LIRE EAR INGS ARE EAMSED HARRISON E ti FLORIDA, I y _N__ DEPARTMENT OF TRANSPE MAP SEC. 8801 2.-,NO INSTRUMENT OF F WAY AND/OR THIS SURVEYOR EXCM IS EXPRESSED OR im) 3. THIS SURVEY IS NOI uNDERGficriND FOUNDATU Iso. RovEmElryS EXCrPl 4. THE LOT SNOWN HERZ 4%^ SHADED AND UL4511AE MAP 12061COD778, DATI _ARBREVATI ous: PLA a:—VC57. 4c=s 'o UTIL: w- romt "c" 0- SET 5/9* IRON RE -'STAMPED 'PLS 489, 1 f� Nvy-" 7- ���•c. LEGAL DESCRIPTION; 95 /�✓ �G� �� ' % LOTS 1 THRU 5, BLOCK ACCORDING TO THE PLAT BOOK t PAGE 23 4F TH RIVER COUNTY, FLORIDA LESS THE EASTERLY 5.0 Q�iP.rgcr LLSS THAT FORION OF S or WAY FOR HIGHWAY U. s•=ka�s'%O.✓ 1 ; -- - CG+r cJ Gos- S' - -� � 1• �• SURVEYDR`S tdQTES: - SEARZNGs ARE "SEG l Y' LINE OF HARRISON STRE FLORIDA ^� uj St ¢2 _�-. DEPARTMENT OF TRANSPE - = ;V-�•,Gor6 - RAP SEC. B$07-110. - tM� �p \ V- 4 �Q��,Hq�y 2.-.NO INSTRUMENT OF P ©a F�ovcrrcvr -� t :.._NIGH?S OF WAY AND/OR t f Srraa / : lt� 4 • i / ��`UUU W THIS SURCEPT BXPRESEDRORIMGPL] Q 1 Q GB`3. 6viGOie�JG F'�is U THIS SURVEY IS TI tlAtDERGROUkD FDOAlAATiC Ai� {T, 3 ,C-t�..ro.,.•a Ccw-./c�4+syi ".'. tc1 ff 1 VV 41Y1 �. THE LOT SNDWN HERE 4X" SHADED A'ND VNSRAI MAP 12061C0077E, DAT1 \' �yc�•r Al '---t�- �•j'7 SCXY _ARDREVATIONS, c'+.tea =cam- •.o?. ^�J-.-�:. 1f_ ds�.c:,r-_..i•_-. '44;Gc�i'+'}- jtt�.---j.•,.�- - - DREi D Y.i-. N`CERVERHEA ,aJ � O.U� IL: :< "�:, .V...->--:.->, -_ tee-• ,. t �) C)- SET TA 'STAMPED IRON PLS 4RN RE a -- i- CRC# Permit Application No. -ice _ City of Sebastian HOME OF PELICAN ISLAND Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name:. Address: 0-5 Phone Number: ( F 7?)1"erNumber: (f 72 - { ` E-Mail: , ���` (•- i f_/j- )�lt - �.'�'ilr„yt Sj s j"eiti_-''? r �i7/f'1a.S '�t j{.ij' /`" {'� �i�d41 Owner, (If dif'erent from applicant) Name: iE,. Address: Phone Numb,=.r: ( - FAX Number: E-Mail: I Title of perm i . or action requested: PLEASE COMPLETE ON Y THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLU ED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applica le): /t,/C, ,ref/, � ; ;� •? �i/ ll j S � I-��'vs '� j B. Site Information Address: c C. Lot: : ? Block: '�" Unit: Subdivision: Indian River County Parcel #: Zoning Class Future Land Use: Existing Use:��i;�L i= ��! ,.� Proposed Use: I C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sh :ets if necessary): a vri Oork i� DATE' RECI:IVED: _/_/____ FEE PAID: $ RECEIVED BY: Permit Application No. I D. Project llersom?l: Agent: Name: Address Phone Number: FAX Number: E-Mail: Sac4 Attorney: Name: Address Phone ;Nu In ber: FAX Number: E-Mail: Engineer Name: Address Phone Number: FAX Number: E-Mail„ Surveyor: C f/ Name:, Address Phone Number: FAX Number: E-Mail: 2 �ME 0 I G FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER I AM THE LEGAL REPRESENTATIVE F THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, NND THAT ALL T E INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE ANq' TRUE TO THE BE T OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATYE T SWORN TO ANW SUBSCRIBED BE =ORE ME BY 00- tA e, ii WHO IS PERSONALLY KNOWN TO ME OR PRODUCED THIS Z AS IDENTIFICATION, !)AY OF I20 - NOTARY'S SlGI-4ATURE wl PRINTED NAME OF NOTARY l e Q Cl e, Ff e, Lk J 1 t COMMISSION NO./Expiw,TION 6 27 2,3 4/.-3 2/.4S '23 1Z . 0100 V230 SEAL: 5j'pie,dih m� Py'p_S�nce_zdW P AIT" :0 STAM Permit Application No. array SEBALSTMNSupplemental Information Site Plan Approval HOME 0' PUKAN ISU ND 1. Site size in acres or square feet: 2. Area Df imparvious surface in square feet: 3. Area Y pentious surface in square feet: _ 4. Attach the f :)Ilowing: — �� complete sets of site plan with lot configuration, finished ground floor elevations, contours and designated number of dwelling units, and setbacks to scale indicating compliance with regulations. (Two sets must be sealed.) b. A s I;gledsirawing of the sides, front and rear of the building or structure, (`g`enaralized floor plan indicating)uses and square footage of each proposed use within each building or structure, building exterior construction material and color, and building ridgeline height. surface -water drainage facilities plan certified by an engineer or architect registered in the State of Florida (3 SETS) c'.' copies of land survey with complete legal description prepared and certified by a registered surveyor. A traffic impact analysis, if required (3 SETS) L f. An �rosion/sedimentation control plan (3 SETS). copy of the landscape plan to meet the requirements of Article XIV, Tree Protection and Landscaping, or Article XXI Performance Overlay Districts, as stated in the Land Development Code. _ h. A verified statement showing each and every individual person having a leg 11 and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. Permit Application No. L A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. 5. The following information is required on all site plans: ELocate on the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the number of spaces with their location and dimension, details of off-street parking and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. Locate on the site plan all pedestrian walks, and height or orientation of all signs. Lo.-ate on the site plan and describe the character of landscaped areas and/or recreation areas. _ e. Locate on the site plan and describe the design and character of all public, se i-public, or private utilities such as water and wastewater disposal facilities, underground or overhead electric lines, gas transmission lines, or other similar facilities or services. Locate on the site plan and describe the height and general character of perimeter or ornamental walls, fences, landscaping, including berms and other required screening devices, and any other plans for protecting adjacent property owners. __-_ g. Locate on the site plan existing easements and rights -of -way. HARKrS DRAM-HOUW INC DBA NO NAME BAR IMUSHIGHWAYIMAS SEBASm,N, FL 32958-W79 PAYTO THE w ORDER OF PNCBANK P C Bank. . - 001 FOR y_2, 2, DATE ��' 084 i99�: i 2 L44 � 1 L76nw 17243 57M' �1 r .DOLLARS Im _._ {E ' ' f' �711�`r �,Iit-,-_._tom��?t)3G _.tLf �, . .. 7- j I _ _3_-'.1:�"�.d,+?�� I Y x W r� i jf . M uwo- � 1�.. t,' � t Cr'�``���.`J d._t.�.,:�a������'� �".�r+""�.�fi:�` ',�"✓-_ids"_' _ _. �� S {1.7..._. i 6L f [ Tla .......,_,,,._.,...�.i •+......... .... _ _ ._;—%..�r.,..t�fyf �>!_....L_.I�,.,��t,P+...�G..,i�.1�.j,-�`-•=tT��.�_�....t-�.....#(.�.,,.,;J•..«.:r'.,f:�i 1...3-""'!d r Vi —_---_..,_—.._____._.........���,ltr�x.,�.�•- -__.,...ir�%�'� � L?3�1.��..._.._��....[�.�t1.�5.ii��� �c�.+!�i�"lcrz,t� _..---- F .. `___ -I •.-?`t- �� ►{ �%�' — ��'=�=_.!fit., ,. �'!' t` �` � .�Y,=rd� {�, a i� �m -��t�? i -> �-- t�Aj--���.,_ ilaw Post ®g tee 07/09/2021 3:29 PM On June 29, 2021, Gov. Ron ®eSantis signed S&gatc Bill 60 into law, which no longer allows code enforcement officers to inx�estigate anonymous complaints. All code enforcement reports must include the complainant's personal information, including name and address. The new law states, "A person designated as a code inspector may not initiate an investigation of a potential violation of a duly enacted code or ord finance by way of an anonymous complaint. A person who reports a potential vicdatinn of a code or an ordinance must provide his or her name and address to the governing body of the respective board of county commissioners before an investigation occurs." There is one exception outlined in the law th t states, "This paragraph does not apply if the person designated as a code inspector has reason to believe that the violation presents an imminent threat to public health, safety or welfare or imminent delstruction of habitat or sensitive resources." i Y11S. .f j BUILDING DI_PARTMEN'T 1226 MAIN STREET • tE�iS (AN, FLMDA.M5'8 TELERHONEr (7-72),-589-5537- - FAX (772)' 589r=2W6 10"ER/BUILDER PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135 PERMIT # n TRACKING Of IS&ATE-.. -�i►x►t• z [ND: AN RIVER CO PARCEL ID # RE TVBD BY: ,OT BLOCK SUBDIVISION: FLOOD ZONE: 'f YP; i OF WORE: NEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ DEMOLITION WOIXINCLUDES: STRUCTURAL ❑ ELECTRICAL ❑PLUMBING❑ MECHANICAL(] ROOFING❑ OTHER -lvOFiK DES TION: 123. 2 `1 ? � t� �.-� _ G ' Ar �o YuQ I ESTIMATED JOB VALUE: $ l Z S - TOTAL S/F UNDER JOBNAME: NAME: ^' 1"Gam. - JOB .ADDRESS: T �!� (%-� ITw T�ROI'ERTY O IWNER' NAME: � %%'a" 0Nnp*-1 6 1 L� j PHONE: ?7Z 7A-?•i 0700 (ADDRESS: his V iJ lkw/ I �TY,'STATE: r--1: 3_ Z-4 IY- ZIP CODE 72 9 r3' ON?RACTOR: LICENSE #: ADDIESS: PHONE: CITYi STATE: ZIP CODE I �l_TfECTIENGINEE�i: PHONE: ADDF_ESS: CITY/STATE: I ZIP CODE: P I SENT USE: PROPOSED USE: OCCUPANT LOAD: i NUMDER OF: SI ORIES ❑ BAYS ❑ UNITS ❑ BEDROOMS ❑ HEIGHT ❑ T TE DF CONSTRUCTION: OCCUPANCY TYPE: AREA IS THI i BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? YES ❑ NO ❑ BONDING COMPANY: PHONE: AI?DRESS: I CITY/STATE: MORTGAGE LENDER: I PHONE: ADDR SS: I CITY/STATE: qE S: MPLE T E HOLDER: PHONE: ADDR iSS: V CITY/STATE: 1 V �3roo.® �o " ��.oc� a�•ao1 �'`P!/O✓ j �eJi[cc� _ N � � � � � car , cor c c �^ •----.._..... .- a 1 +Q �0 a 4 1 � ��..y � O - � N .• G. B.^�• .9c/��G7�i-/G In iu � � � � tea.. • - � N 2/.53�'' zy4' • �co .�.o�o' 1 1 49.oc:> Gt4°;G��` �r UnGir-sue �� �L Q IL cow �— car= « cor �� cor f� cor :Flo coT TYPE: EJrc. e.�.ofar� �ro of�ea rE �r �f. '✓E�—PREIVARE7 FOR: PREPARED SY.- - - MWN BY T R C. CERTIFIED TO: THOMAS RANDALL CECRLE DAMIEN 6 BONNIE GILr.IAM5 PROFESSIONAL LAND SURVEYOR r $GALE: /"'= 30" RICHARCHARD 5 JODJODI FEY OHEMCED 9ri CHESTER CLEM P.A. TMnTRM 0"700 v*I1v^m-- ---- Run: 4/1 t3/1 i 2:42PM CITY OF SEBASTIAN, FLORIDA Page: 1 Building Permit Applications Application Number Number Type Opened Closed Description 1300.01�65 FE 11/¢7/1312/26/13 6' WOOD FENCE Notes: LML Date Inj Date Due Date Out By Review Type: BUILDING REVIEW 11 /14/13 11 /19/13 11 /14/13 , chuck Review,Ty'pe: CONTRACTOR LICENSING 11 /14/,13 11 /17/13 11 /1,4/13 chuck Review Type: ZONING REVIEW 11 /08/13 11 /13/13 11 /08/13 'I 1/i/13 OK per J. Griffin 130001965 Status Dept: BUILDING APPROVED Dept: CONTRACTOR LICENSING APPROVED Dept: COMMUNITY DEVELOPMENT APPROVED N Approved Please Dote there will Lie a clerk present at the hearing for the recording of minutes. Please let me know if you have any additional questions or concerns, I will be happy to assist. Janicki6 Smith code Enfor--ement _4dmi7Listrative Asst. 1201 Main St-eet Sebastiar, , FL. 32958 Ph 772-338-L436 Fax 772 388-4410 From; d�,mici@comcast.net [mailto:damio@comcast.net] Sent: Mcndey, November 08, 2021 2:20 PM To: Janicde .smith Cc: da'mi.)@comcast.ret Subject: Code enforcement hearing 490 US Hwy 1 Sebastian CAUTION: This email orginated from OUTSIDE our email system. PLEASE excerise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Dear Mrs Brown, I am writing the Magistrate to request a continuance for November 23, 2021 hearing due to a conflict of scheduling for a circuit court hearing schedule for the same day on November 23rd. Also I am having a difficult time trying to retain a Land development attorney and a courthouse reporter for this case and day as well, due to the holidays. Please note that I made an of officer Curtis to explain m ort to speak to assistant chief Greg Witt and Code Enforcement p y situation and they did not agora to my request for a continuance. Also please note at this time teat I am writing you that a modification to my site plan has been submitted to the growth Managemeni department to get approval for the outside tables and chairs which I feel I already had a sign off. And I have not heard bask since the s ibmittel to date. i Also please note that as a small business owner in this community for over 30 years we are suffering from lack of business due to ccvid 19 and there are like kind businesses in the community who are doing the same thing as we are, and we feel that we are being singled out and selective enforcement is occurring and we feel that we are entitled to equal protection under the Constitut on :o competE). Thank yc u vary much for you - time and I will await your response, thank you again . i Dear Mrs. Brown, wn, I am writing the Magistrate to request a continuance for November 23, 2021 hearing due to a conflict of scheduling for a circuit court hearing schedule for the same day on November 23rd. Also I am having a difficult time trying to retain a Land development attorney and a courthouse reporter for this case and day as well, d ae tD the holicays. Please, note t iat I made an effort to speak to assistant chief Greg Witt and Code Enforcement officer Curtis to explain my situation o nd they did not agree to my request for a continuance. Also please note at this time that I am writing you that a modification to my site plan has been submitted to the growth Management department to get approval for the outside tables and chairs which I feel I already had a sign off. And I have not heard back since the submittal to date. Also plea e note that as a sm.=11 business owner in this community for over 30 years we are suffering from lack of business due to covid-,19 and there are ike kind businesses in the community who are doing the same thing as we are, and we feel that we are being singled out and selective enforcement is occurring and we feel that we are entitled to equal protection under the Constitution t,D compete. Thank you very much for your time and I will await your response, thank you again . Owner, Damien Gilliams This email has been scanned damio@co,mcast.net <c To: printitnow@camcast. ---------- Fonvarded messa From: Janic<ie Brown <JB Date: Nov 17, 2021 11:04 Subject: RE: Cade enforcE To: "'damio@comcast.net�' Cc: Greg'Watt <switt@Cijt <cbloomfield@t;ityofSeba Good Morning MI. Tor spam and viruses by Proofpoint Essentials. Click here to report this email as spam. cast.net> vnCgCityofSebastian.org> AM Tue, Nov 23, 2021 at 12:40 PM nent hearing 490 US Hwy 1 Sebastian <daniio@comcast.net> ofSebastian.org>,"Manon@cityofsebastian.org " < M anon @cityofsebastian.org>, Curtis Bloomfield tian.arg> Gilliams, This err, ail is to in-orm you that your request to reschedule the Magistrate hearing on 11/23/? -11 has been denied. You must appear by zoom or in person for the hearing next week. Total Print <ateamprinting772@gmail.com> Fwd: RE: Node enforcement hearing 490 US Hwy 1 Sebastian 2 messages damio@comcast net <dam'io@comcast. net> To: printitnow @comcast.net Tue, Nov 23, 2021 at 12:36 PM orwarded message -----I ---- From Jani ckie E,rown <JBIgrown@CityofSebastian.org> Date: Nov 17, 2021 11:04 AM Subject: RE: Code enforcement hearing 490 US Hwy 1 Sebastian To: damio@corn cast. net<dam�o@comcast. net> Cc: Greg Witt <GWitt@CitlyofSebastian.org>,"Manon@cityofsebastian.org " <Manon@cityofsebastian.org>,Curtis Bloomfield <cbloomfieldl@GityofSeba,stian.org> Good 'Morning Mr. Gilliams, This email is to inform you that your request to reschedule the Magistrate hearing on 11/23/2021 has been denied. You must appear by zoom or in person for the hearing next week. Please note there will be a clerk present at the hearing for the recording of minutes. Please let me know if you have any additional questions or concerns, I will be happy to assist. Janickie Smith Code Enf orGement .administrative -Asst. i 1201 Main Str3et Sebastian, FL 32958 Ph 772 -383-4.436 Fax 772-,; 88.4410 From: damio0_)comcast.net [mailto:damio@comcast.net] Sent: Monda)lf, November 08, 2021 2:20 PM To: Janickie Smith Cc: damio@comcast.nc-t Subject: ode enforcement hearing 490 US Hwy 1 Sebastian CAUTION: This email arginated from OUTSIDE our email system. PLEASE excerise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. y�. .�: l�.y '"� -.-... 1 .6` ^ '�.:. �a d II �L "rig➢. �i i I r l- . { .a y.� "4�� .Ia E � •. � �; 1 � " p " 1:, " ^ •ri ";ifs •:,w t '� _ `;1 Y 1 _ t =+,y, l i -' 1 ii+p r�. _ • d' ti _ f Q e t.- F Y' ix C S•=.. 9 � 5'.g6C' +Jii_ a '' illllillil 11,1M 1 W�, �+.'`='ec1 r _ __ t { t' az rIlk a � ,C� .t «..vx' Lin,««� ., •� •mil u r i a t�� +T yy a " v i : t r .c _ A r q Q -die : - L. 9 Q h - r � L -WX S rQ � A-15-F, in L-ln 7 7- `�`�..`". t_,-_�'',% ���--� 5 ...✓`.,�-�.-"'_ -may 4.2'•�✓= 777 nr. II - 1 ' } r A_- rl[ ' , l} if PI I .r: : "� ,'�Ca� .', R"•\ r:..,._ 1 .V ,.. ,,. � ..Vy„ , it \ '!. ,.y:. : s�R - ,�r t :3P `,.;: ^^�;) r i`� y�I. .' •L r.,�.. \.,.,"c).. ...�t.,S.h+� of�1/ ,. s ,,Ne•.y�`•.(.� ( (.�F(f',a -�1 'iE�' f ell, j �,... `t � ' r .- r,?. _:'• ;, li') ti'.,i '`�.h.`� I � )�.` ;.,,1 14 V. r•-. - (!C, I �, �. r ( IL 4 ' ( S +a �� }��. �: '-'' r•>;;c �` i� , :. � .,,� l,�l _ j?f _ 'd*� PF" 4 7"`` �I fi } { tL n.i� •{ � � �� � 1"! �� C '(� 11 ��1 j� � ..... �� - j (� �I! !I rt} y r'9 Vbk; S - 1 c ± ma`s. c . a_t,': .�-�__w. .c,.r�:... �. - ��, k,. tea.: its .K idu_,.au`an.. ..,b..` �..«, `A.'ss' �.��`���i"9',�...5s.���LILnIIV�6o+Iraa�Yii.,e.��W�a,LYr..Vr.�F�Ln1��'uo,W��ILt4&4N;11��41nu�H��➢rL_. �.. Vmflu�,4rt,�aEtlir wr~a ,a.,<. �... _ _.. ._ :. �-� _