The URL can be used to link to this page

Home My WebLink AboutExhibitsCity of Sebastian Special Magistrate Hearing Date: February 19, 2024 @ 2:00 P.M. Case Number: CE 23-036032 In the Matter of: Patrick Treu Property: 650 Fleming St. Sebastian, FL 32958 Exhibit (Number or Letter) 1 2 3 EXHIBIT LIST Description Computer Aided Dispatch (CAD)Calls for Service Initial Notice of Violation and Accompanying Photographs Notice to Appear for February 19, 2024 Hearing/Certified Mail and Photographs EXHIBIT SEBASTJq 9589 0710 5270 1280 1' 0 PARTMFAir "sari" w PF r, ?O t p 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 January 18, 2024 IN THE MATTER OF: CASE NO 23-036032 Patrick Treu 282 Middle Rd Rhinebeck, NY 12572 ADDRESS OF VIOLATION: 650 Fleming Street SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: Sebastian Highlands Unit 02, Blk 114, Lot 23, PBI 5-35. ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 66-3 Illustrative Enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (11) Growth of weeds, grass, undergrowth or other vegetation (but not protected species): b. upon unimproved real property when such growth encroaches upon adjoining improved real property such that it: i) causes, or is in imminent danger of causing, damage to the adjoining property, or ii) creates an unreasonable maintenance burden upon said adjoining property. Nothing herein shall relieve the landowners of any requirement to obtain appropriate permits for removal of such vegetation. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 20th day of February, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Treu January 18, 2024 Page two YOU ARE REQUESTED to appear before the Special Magistrate at that time to answer and defend the allegations that you have violated the above cited provisions of the Code of Ordinances of the City of Sebastian. If you fail to attend, the Special Magistrate may base his findings and act solely on the presentation made by the Code Enforcement Division. If the violation is corrected and then recurs, or if the violation was not corrected within the time specified for correction by the code inspector in the prior notice, the case may be presented to the Code Enforcement Special Magistrate even if the violation is corrected prior to the hearing. M. Code Enforcement Officer #674 Treu January 18, 2024 Page Three SPECIAL MAGISTRATE HEARING You may appear with or without an attorney. You have a right to subpoena witnesses and documents and cross-examine the other party's witnesses. Subpoenas are available at the office of the City Attorney. If the Special Magistrate finds that you have committed a violation, he may order immediate compliance with the Code and provide in the order, in the event of failure to comply with the order within a period of time set forth therein, that a fine NOT TO EXCEED $250.00 per day be imposed for the period of non-compliance. If the City prevails in prosecuting the case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case (F.S. Chapter 162.07(2)). If any decision of the Special Magistrate affects you, and you decide to appeal any decision made at this meeting with respect to any matter considered, you will need a record of the proceedings and for such purposes, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. (State law requires the above notice. Anyone desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange to provide the transcript.) Please be advised the conduct of the Special Magistrate hearing as defined under Florida Statute Chapter 162.07 will be followed. Please conduct yourself accordingly. City of Sebastian Code Enforcement Treu January 18, 2024 Page Four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Special Magistrate was mailed/delivered to the above named violator at the address stated above this Lci.4A-�- day of "S4Arnru +A-v'Ly , 2024. J � By Curtis BloomfieId Code Enforcement Officer #674 tti CERTIFIED MAIL") RECEIPT ti Domestic � ��u�q:Diu:ar�iun.rnumin,n�tiau,aa.�alrcaar,a �a�inua..a�n. urY Er C3 r Certified Mail Fee i /� .• 4 a, CD rU Extra ServlCeS B FeeS (Check ba; add fee as appropnok t-4 ❑ Return Receipt (hardcop) $ Q Retum Receipt (electronlc) $ T Poshnarrk ❑ Ceffed Mall Restdcled Delivery $ J J []Adult signature Required $ u7 ❑ adult Signature ReWcted aeilvery $ M Postage r Total Postage and Fees N San °' ., t rz rV--------------------------------------------------- Aor. o., oo- tt 4 0, . �l>rd Q- �r rare. zi .��- ,-------------------•------------------------- _ Fb t-ornl 3tiou, January 2023 PSN 7530-02-000-9047 Sd EXHIBIT .�4 EBASTIq POl_10E �EPARTMt;�yT O�,Q 7022 1670 1111 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 POSTED NOTICE OF PUBLIC NUISANCE Name of owner: Treu Patrick Date: September 08.2023 Address of owner: 282 Middle Rd Rhinebeck, NY 12572 Address of violation: 050 Fleming St. Case: 23-036032 Sebastian, FL 32958 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida: Sebastian Highlands Unit 02. BLK 114, l.ot 23, PBl 5-35. The City has inspected and determined that a condition exists on this property which is a violation of Section 66-3 of the Code of Ordinances and Ordinance No. 0-08-08 of the City of Sebastian in that: Sec. 66-3. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (I I) Growth of weeds, grass, undergrowth or other vegetation (but not protected species): b. upon unimproved real property when such growth encroaches upon adjoining improved real property such that it: i) causes, or is in imminent danger of causing, damage to the adjoining property, or ii) creates an unreasonable maintenance burden upon said adjoining property. Nothing herein shall relieve the landowners of any requirement to obtain appropriate permits for removal of such vegetation. 11) RI 1t/ D1 1111. 1 lot 111o'% rat OVER611011 /11 ()\Ir1 //I/ 111.1 U 1.\ I PROl11'R11t:5 n41 I\I1Aif,. Pti. I.SI I l lit t/ A 1WWII( tI .;'I\ 11% IIIL \O/elll 1\h.t�11 /I/.SIhI:S 01 lit/ I'ROI'I.RI 1. 1'll: 181 1I1 I CII OR Il I1 I II1 /Ill I 1 \111111 . I \ 1 SPE( I11_ RE177.11,111- \ D 1T1O.\s OR DINH I IOVS REG.4Rn1NG WE .1t'710.\ 7.0 Kl., 7'4KE,% ON 101 R PROPFRI I IRt' LISTFI) O\ I Of R PI:"R.1111 FOR -'%'1TV 1 VC 84TFiII..\I. II I/E-T11ER )-Of I .SL A I L•.WNIR I N0.1/ II/L c lI 1 '.S LM I OR )VI R Olr N, lilt ('O\'7'R.I('IOR )014.11PLU) 311'STCOXI W1 COVEJ, FOR(7:11£.\7 SO 71111 A 017 I( t:R C0 HE OA SITL• PRIOR 10 I111. If ORA Rl:l.\'G DO \ Le B0 URI. I \ 1 CI 171 \G. 101 111 S1 (011PI.ErE 4ND S1G.\ 1411 1 \('L0.VE'D.VL'IS4 %CI- 1 R 17*1-W-- VI PER.1111 4:VD RI.- I R \ I1 7'0 IIIE COI kAFOR( 1:111zNT D111SION. Page two There is no charge for the Nuisance Abatement Permit. For your convenience, we have included a self- addressed envelope in which you may return the completed permit to us. 1 am also enclosing a list of vendors; while the City can not recommend a vendor per se, Code Enforcement contracts regularly with these businesses with satisfactory results. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 66-3(l 1)(b) of the Code of Ordinances of the City within from the time of receipt hereof the City of Sebastian will proceed to remedy this condition, and the expenses will be imposed as a lien on the property if not paid within fourteen (14 days) after receipt of billing. if you have any questions, please phone the Code Enforcement Division. If you dispute that such alleged conditions exist on such property, you may request a hearing before the Special Magistrate to show good reason why such condition should not be corrected. Such request for hearing must be in writing and must be postmarked by a date not later than ten days if fifteen (15) days is given to correct the violation. or by hand -delivery or fax of such request by noon of the next business day if only forty-eight (48) hours is given in the notice, after your receipt of this notice by you or the occupant of the premises, and addressed to Code Enforcement Division, Sebastian Police Department, 1201 Main Street. Sebastian, FL 32958. Ct *t-L*B&-�C"�*e By Curtis Bloomfield Code Enforcement Officer ##674 <.VLIG 1:J111V11.G111G111. 1201 Main Street, Sebastian, FL 32958 Phone:772-589-5233 1 Fax: 772-388-4410 E-mail: Code Entorcement3 @ CityOf5ebastian.ore PERMIT FOR NUISANCE ABATEMENT (overgrowth of vegetation from unimproved real property onto adjoining improved real property) 10Propert}, Owner: Fill in shaded areas only: Address of Unimoroved Lot: 650 Fleming ST Sebastian, FL 32958 Property Owner Treu Patrick Phone Mailing address 282 Middle RD Rhinebeck, NY 12572 Signature Code Officer Bloomfield 674 Inspected on 08 / 09 / 2 0 2 3 a) Presence of threatened or endangered species Date / on 08 / 09 / 2023 Case# 23-036032 None found at this time (b) Findings and recommendations Cutback 5' on the North & South side & Mulch or haul to landfill Approved ii Division Commander Date Special conditions 0 C. Oki 1 0U-"k7 �J0VV ZK S-�- ;.-.-.----- - - - �----------- Home eacant Lot 656 650 Fleming ST ' Home 1 644 i _._.-._._._._._._._._..._._' —�i Revised 8.23.2022 9/7/23, 8:25 AM gNublic.net - Indian River County, i-L - Report: 313SU1U00U3114000U13.0 Indian River County, FL Parcel Summary ParcellD 31380100003114000023.0 ProplD 17552 Location Address 650FLEMINGST SEBASTIAN, FL 32958 Neighborhood Seb His Bayport to Vocell (140015.00) MarketArea 14 Brief Tax Description* SEBASTIAN HIGHLANDSU14IT02 BLK 114 LOT23 PBI5-35 ,nd Rour4s +aa own bciow - Property Use Code Vac Res,MH,MFam.POIAgZN(0000) Sec/TwplRng 01-31-38 Tax District 2-SEBASTIAN Millage Rate 15.8583 Acreage 0.23 Homestead N Metes and Bounds Owner Information Primary Owner Treu Patrick 282 Middle Rd Rhinebeck. NY 12572 Homestead Application Change of Address Application Valuation 2022 Certified Values 2021 Certified Values 2020CertifredValues 2019CertifiedValues 201SCertiftedValues Improvement Value s0 s0 $0 $0 s0 Land Value $34,00D $25,500 $25.500 $23.800 $21A20 Land Agricultural Value $0 $0 s0 s0 $0 Agricultural (Marker) Value $0 s0 so $0 $0 Just (Market) Value $34.000 325,500 $25,SM $23,800 $2:L420 Assessed Value $17,148 $15.589 $14,172 $12.884 $11.713 Exempt Value $0 $0 $0 $0 $0 Taxable Value $17.148 $15.589 $14.172 $12,884 $11,713 Maximum Save Our Homes Portability $16,852 $9,911 $11,328 $10.916 $9,707 Taxes $37Z80 $318.B0 $311.11 $291.97 $271.99 "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 F V Res -SF Zond; Singl Site T-Typical Interior site 0.23 10018.8 80 80 125 RS-10 httpsJ/gpublic.schneidercorp.cam/Application.aspx9AppID=1109&LayerlD=27655&PageTypelD=4&Pagal D=11279&Q=532923615&KeyValue=313801— 112 P01.Icf gEPWON- rI SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline: 772-38S-4436 rax: 772-388-4410 CONTRACTORS FOR NUISANCE ABATEMENT SERVICES Conlon Landscaping Inc. 706 S. Easy Street Sebastian, FL 32958 772-388-5741 Or 321-228-6973 Micco Land Services, LLC P.O. Box 365 Roseland, FL 32957 772-473-6144 Mobley II Enterprises 815 Brevard Avenue Cocoa, FL 32922 321-795-9432 All of the above contractors are local and can perform mowing, 5' cutbacks, debris clean-up and removal. City of Sebastian Sebastian Police Department 1201 plain Street • Sebastian. FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date / Time " -e C Served on L As Owner, Resident or Agent of property located at Inspection of property indicates a violation of City Ordinance Section t{ =' �i , vz`�&4",,�7n � J You are hereby notified to correct the violation within i : days/hours from the above date and time of this notice. Failure 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. Served by: Code Enforcement Officer EXHIBIT Sebastian Police Department C2"36032 Time Received 08/09/2023 14:03:10 Dispatcher Bloomfield, Curtis Responding Personnel Situation S58 (Code Violations) How Received Self Intiated CAD Call Logs Time Period 01 / ] 8/2024 - 01 / 18/2024 Contact Bloomfield, Curtis Location 650 FLEMING St Primary Officer Disposition Written Warning Given Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 92-674/Priman, 14:03:12 14 03:13 14:03:13 14:13:22 Written Warning Given 00:10:10 Responder Bloomfield, Curtis (074) Start Mileage End Mileage Total Milage Total Time: 00:10:10 Call Notes On 08/09/2023 at 14:03 Bloomfield, Curtis logged: Call Created On 08/09/2023 at 14:05 Bloomfield, Curtis logged: 66-3.11(b). Overgrowth onto adjacent properties 644 & 656. Nov issued & certified mail sent. The owner was given 15 days to cutback 5' on the North & South sides of the property.. On 08/09/2023 at 14:13 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:10:10 Page 1 of I Sebastian Police Department CAD Call Logs Time Period 01 / 18/2024 - 01 / 18/2024 C23-04346I Time Received Situation Location 09/29/2023 12:00:06 S92B (Reinspection) 650 FLEMING St 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 Cleared Unit Disposition Total Time 92-674/Printary 12:00:07 12:00-07 12:00:07 12:05:59 Property Posted For Abat 00:05:52 Responder Bloomfield, Curtis (6741 Start Mileage End Mileage Total A111agc Total Time: 00:05:52 Call Notes On 09/29/2023 at 12:00 Bloomfield, Curtis logged: Call Created On 09/29/2023 at 12:01 Bloomfield, Curtis logged: 66-3.11(b). The property is posted for case#23-036032. On 09/29/2023 at 12:05 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:05:52 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 02/12/2024 - 02/12/2024 C24-002522 "-- ,..ry Time Received Situation Location 01/19/202413:52:51 S92B(Rein.peetion) 650 FLEMING St Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Curtis Self Intoned Bloomfield, Curtis Property Posted For Abatement Responding Personnel Unit/Rolc Dispatched En Runte On Scene Transport Trans/Arry Trans/Uprt In Quarters Cleared Unit Disposition Total lime 92-674Pnmary 13:52:51 13:52 52 13:52:52 14:02:17 Property Posted For Abut 00:09:26 Responder Bloomfield, Cunis (6741 Start Mileage End Mileage Total Mllage Total Time: 00:09:26 Call Notes On 01/19/2024 at 13:52 Bloomfield, Curtis lagged: Call Created On 0//192024 at 13:54 Bloomfield. Cents logged: 66-3.11(b). A copy of the letter for the notice of hearing , that is scheduled before the Special Magistrate on 2/20/2024 has been posted to this property. On 01/192024 at 14:02 Bloomfield, Curtis logged: Call Closed Total Calls: t Overall Total Time: 00:09:26 Page 1 or I