HomeMy WebLinkAbout155 Empire Terrace PacketC23-053816
Time Received
12/08/2023 10:19:34
Dispatcher
lachini, Richard lames
Responding Personnel
Situation
S58 (Code Violations)
How Received
Self Initiated
Sebastian Police Department
CAD Call Logs
Time Period 04/09/2024 - 04/09/2024
Contact
lachini, Richard James
EXHIBIT
Location
155 EMPIRE. Ter
Primary Officer Disposition
Written \Naming Giyen
Unit/Rale Dispatched En Route On Scene Transport Trans/Arm Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672/Primary 10:19:34 10:19-35 10:19.35 1016-39 Written Warning Given 00:07:05
Responder lachini, Richard James (672) Start Milcage End 5111coge Total Most,
Total Time: 00:07:05
Call Notes
On 12/08/2023 at 10:19 lachini, Richard.lames logged:
Call Created
On 12/08/2023 at 10:26 lachini, Richard Jumrs logged:
OWNER OF ADJACENT, UNIMPROVED PROPERTY RESPONSIBLE FOR MAINTAINING Y PERIMETER. OWNER GIVEN 15 DAYS TO
RESPOND. OWNER WILL RECEIVE A CERTIFIED LETTER UPON DUE PROCESS.
On 12/OS12023 at 10:26 lachini. Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:07:05
Page I or I
Sebastian Police Department
C23-054429
Time Received
12/12/2023 07:33:15
Dispatcher
lachini, Richard James
Responding Personnel
Situation
S92B (Rcinspection)
How Received
Self Intiated
CAD Call Logs
Time Period 04/09/2024 - 04/09/2024
Contact
Iachini, Richard James
Location
155 EMPIRE Ter
Primary Officer Disposition
Property Posted For Abatement
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dpri In Quarters Cleared Unit Disposition Total Time
90-672/Primary 07:33:16 07:33:16 07:33:16 07:39:19 Property Posted For Abat 00:06:03
Responder lachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:06:03
Call Notes
On 12/12/2023 at 07:33 Iachini, Richard James logged:
Call Created
On 12/12/2023 at 07:39 lachini, Richard James logged:
REISPECTED PROPERTY, REFERENCE #23-053816. VIOLATION NOT COMPLIED. PROPERTY POSTED FOR ABATEMENT AND
PHOTOS TAKEN.
On 12/12/2023 at 07:39 lachini, Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:06:03
Page I of l
Sebastian Police Department
CAD Call Logs
Time Period 04/09/2024 - 04/09/2024
64-010735
Time Received Situation Location
03/14/2024 11:14:44 S92B (Reinspection) 155 EMPIRE Ter
Dispatcher How Received Contact Primary Officer Disposition
Iachini, Richard James Self Intiated Iachini, Richard James Property Posted For Abatement
Responding Personnel
Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time
90-672/Primary 11:14:44 11:14:45 11:14:45 11:23:02 Property Posted For Abat 00:08:18
Responder Iachini, Richard James (672) Start Mileage End Mileage Total Milage
Total Time: 00:08:18
Call Notes
On 03/14/2024 at 11:14 Iachini, Richard James logged:
Call Created
On 03/14/2024 at 11:22 Iachini, Richard James logged:
REINSPECTED PROPERTY, REFERENCE CALL # 23-053816. VIOLATION NOT COMPLIED. PROPERTY POSTED WITH LETTER TO
APPEAR BEFORE SPECIAL MAGISTRATE ON THE 16th DAY OF APRIL 2024.@ 14:00 IN THE CITY HALL COUNCIL CHAMBERS.
PHOTOS TAKEN.
On 03/14/2024 at 11:23 Iachini, Richard James logged:
Call Closed
Total Calls: 1
Overall Total Time: 00:08:18
Page 1 of I
ESASTIq
poLICE
QEPAft7MENr
� ?o
T p
4584 0710 5270 1280 0938 88
SEBASTIAN POLICE DEPARTMENT
EXYR
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
772-589-5233 Hotline:772-388-4436
POSTED NOTICE OF PUBLIC NUISANCE
Name of owner: Bui Ank-Kiet Vu Date: December 11, 2023
Address of owner: 12 Bedford Dr,
Sterline, VA. 20165
Address of violation: 155 Empire Ter.
Sebastian, FL 32958
Case: 23-053816
Public records indicate that you are the owner of the following property in the City of Sebastian, Florida:
Sebastian Highlands Unit 17, Blk 576, Lot 25, PBI 8-46 to 46P.
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:
(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.
TO REMEDY THE 6IOLA770N, CUT BACK ALL BR.A7.ILIAN PEPPER TREES, 17ATS.AND
BRUSHIVA DERGROWTH A DISTANCE OF FIVE (5) FEET ON THE EAST, (TEST AND
NORTH (B. 1CIt) SIDES OF THE PROPERTE PLEASF.:111I CH OR HAUL TO THE
LANDFILL.
ANY SPECIAL RECOMMENDATIONS OR DIRECTIONS REGARDING THE ACTION TO BE
TAKEN ON YOUR PROPERTY ARE LISTED ON YOUR PERMIT FOR NUISANCE
ABATEMENT.
WHETHER YOU USE A VENDOR FROM THE CITY'S LIST OR YOUR OWN. THE
CONTRACTOR YOU EMPLOY MUST CONTACT CODE ENFORCEMENT SO THAT AN
OFFICER CAN BE ON SITE PRIOR TO THE WORK BERG DONE.
BEFORE ANY CUTTING, YOU MUST COMPLETE AND SIGN THE ENCLOSED NUISANCE
ABATEMENT PERMIT AND RETURN IT TO THE CODE ENFORCEMENT DIVISION.
Bui
December 11, 2023
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. I 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(11)(b) of the Code of Ordinances of the City within fifteen (15) days from the time of receipt
hereof, the City of Sebastian will proceed to remedy this condition, and the expenses will be imposed as a lien
on the property if not paid within fourteen (14 days) after receipt of billing. If you have any questions, please
phone the Code Enforcement Division.
If you dispute that such alleged conditions exist on such property, you may request a hearing before the
Special Magistrate to show good reason why such condition should not be corrected. Such request for
hearing must be in writing and must be postmarked by a date not later than ten days if fifteen (15) days is
given to correct the violation, or by hand -delivery or fax of such request by noon of the next business day if
only forty-eight (48) hours is given in the notice, after your receipt of this notice by you or the occupant of the
premises, and addressed to Code Enforcement Division, Sebastian Police Department, 1201 Main Street,
Sebastian, FL 32958.
1Z%chcw&Ia.chaAiu
By
Richard Iachini
Code Enforcement Officer #672
pOUGE
pEPaRTMENr • c 1 ,_
9 WS ;
h
CXCE�S���
1201 Main Street, Sebastian, FL 32958
Phone: 772-589-5233 1 Fax: 772-388-1872
E-mail: CodeEnforcement3faCitvOfSebastian.ore
PERMIT FOR NUISANCE ABATEMENT
(overgrowth of vegetation from unimproved real property onto adjoining improved real property)
► Property Owner: Fill in shaded areas only:
Address of Unimoroved Lot: L G /ti� i � �
Property Owner 41a r As.'/S &# ** r A& Phone
Mailing address /Z se- er '-' i' o
STer/iteJ
Signature _ Date
Code Officer, o 4i. ' J. w%Z on AZ / V' A? Case#grn!A .c
Inspectedon _41_/ e / ,?
a) Presence of threatened or endangered species %Uon /�i e S en�`� �:�r of
/n s� +6 r- ?Jy,
(b) Findings and recommendationse '7" is� d%iy6i
a'ir! r'
Approved tl /���J /Z / & 12,3
P Division Commander Date
Special conditions
-._._._._._._._
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G /sr%�ir-e ) L�l�a�p��`G G�lrrP. �.e %%ror�•� 66a tk
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---------------- _._._._._._._- alY� o�N
Revised 8.23,2022
12/8/23, 10:08 AM gPublic.net - Indian River County, FL - Report: 31391
Indian River County, FL
Parcel Summary
Parcel ID
31391900001576000025.0
ProplD
34888
Location Address
iSSEMPIRETER
SEBASTIAN, FL 32958
Neighborhood
Sob High/East Schumann Dr(140036.00)
Market Area
14
Brief Tax Description'
SEBASTIAN HIGHLANDS UNIT 17 BLK 576 LOT 25 Pat B-46TO 46P
(Note:' The Description above is not to be used on legal documents.
For additional legal expand the Metes and Bounds section below.)
Property Use Code
Vac Res.MH.MFam,POIAgZN(DODO)
Sec/rwp/Rng
19-31-39
Tax District
2-SEBASTIAN
Millage Rate
16.0728
Acreage
0.28
Homestead
N
View Map
Metes and Bounds
Owner Information
PrimaryOwner
Bui Ank-Kiet Vu
12 Bedford Dr
Sterline. VA 20165
Homestead Application
Homestead Application. 1
Change of Address Application
Change of Alm, sApl:h�.[lion
Valuation
2023 Certified Values
2022 Certified Values 2021 Certified Values 2020 Certified Values
2019 Certified Values
Improvement Value
$0
$0
$0
$0
$0
Land Value
$49,768
$34.803
$32.367
$24,014
$24,024
Land Agricultural Value
$0
$0
$0
$0
$0
Agricultural (Market) Value
$0
s0
$0
$0
$0
Just (Market) Value
$49.768
$34.803
$32.367
$24,014
$24.014
Assessed Value
$38.283
$34.803
$20.744
$18,858
$17.144
Exempt Value
$0
$0
$0
$0
$0
Taxable Value
$38.283
$34.803
$20.744
$18.858
$17.144
Maximum Save Our Homes Portability
$11.485
$0
$11,623
$5,156
$6.870
Taxes
$683.19
$551.90
$414.42
$350.55
$338.07
'lust (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 Des:
Amenity
Acres Square Feet
Act. Frontage
Eff. Frontage
Depth Zoning
E VRes-SF Zond; Singl Site
T- Typical interior site
0.28 12196.8
65.28
81.89
125 RS-10
https:llgpublic.schneidercorp.com/Application.aspx7ApplD=1109&LayerlO=27655&PageTypelD=4&PagelD=11279&Q=578984004&KeyValue=31391... 1 /2
Postal
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CERTIFIED MAILP RECEIPT
Domestic
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Certified Mail Fee
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City of Sebastian
Sebastian Police Department
1201 Main Street • Sebastian, FL 32958
Telephone: (772) 388-4436
NOTICE OF VIOLATION
Date 1�/S1 ? T`ime- aIC)- � l
Served on C 0'- /) �J �f %nQ/ /
As Owner, Resident or Agent of property located at
Inspection of property indicates a v(o%atign of City
Ordinance Section ���� />/l Z_/ A,4 'h '74,
S
')� ,Jive
You are heGeb otifi d to correct the violation
within day ors from the above date and
time of this no ' e. 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.
Serve b�y: a
Code Enforcement Officer
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fiE A5T14
POLIC!
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SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
772-599-5233 Hotline: 772-388 4436
Name of owner:
,\ddress of owner:
Address of violation
POS'I ED NO IIC I.OF PUBI.I( ' LIJSANCR
n7 0938 88
Hui Ank-Kiet Vu iwc i)<cembct 11 2023
12 Medford Dr.
Sterline. \'A. 20165
155 Empire Ter_ (aw 21-65 t� 16
Sebastian, PI. '42959
Public mcords indicate that you are the osncr tit the followm>' property in the (lty of Sebastian -
Sebastian Highlands Unit 17. Illk 576• [.tit 25. Plil KA6 it, 46?
The City has inspected and determined that a condition exists on this property which is a vtnlanon of SecWq
66-3 of the Code of Ordinances and Ordinance No. 0-08-()R of the City of Sebastian in that
Sec. 66-3. The maintaining. using, placing, depositing• Ica%ing or permitting to be or remain on any public n,
private properly of any of the following items, conditions or actions is herein declared to be and constitute a
nuisance; pro%ided, however, this enumeration shall not he deemed or comtraed to be conclasi.e. Irmaing or
restrictive:
(I 1) Growth of weds. grass, undergrowth or other vegetation (but not pro+ected species)
b. upon unimproved real property when such growth encroaches upon adpmmng utprosed real propm}
such that it: m. or
i) causes, or is in imminent danger ol-causing, damage to the adjoining P ro np"
ii) creates an unreasonable maintenance burden upon said adjoining 1 lx tmrts for
Nothing herein shall relieve the landowners of any requirement to obtain, appo pnau Pe
removal of such vegetation. CUT BACK ALL BRAZILIAA
�TREES, i t�D ,D
TO RE ll)HTDISTANCE(,)F FIVE S) FEET 0% THE EAST. NEST
:`DFRGROTHI
BR (B•aC1)CIDES Ol' THE PROPFRTF. PLFASEJVl'LCH OR HAUL TO THE
NOIN
LANDFILL.
t.
A'N)-SPECIAL RECO.1LIfEAVATION-SORDON1.0 ,R R MITFOR:THLdCT1UvTUs
TAKE:ti� ON }'UUR PROPERTY ARE LISTED O•\' 1'OC'R PERMIT FOR ;\7'IS.�t \CE
ABATEAfEA7. r rv+c i IST OR FOUR 011'.V, THE,
i .. `f/'t
At
Fy
�1. ••�� t' \ �y'i'f� f ci""'�ti 1 t4 _ wt1��i- �. ..I�' �!�
r �
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r .� -ay., . �' '�' • } -•r ; ..{ }1 j. �:� Li� Yi.� �.y .`J t;— ,�1
f �y.%��`t •il r.f #�yr�.,' '. y.\ rt J ,� �' ^' r � j.Y� �.'.-�,W � t �.r `^� cr3 1 ��;.. �,. �
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s:.
9589 0710 5270 1280 0949 77
EXHIBIT
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
772-589-5233 Hotline:772-388-4436
NOTICE TO APPEAR REFERENCE VIOLATION HEARING
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
March 12, 2024
IN THE MATTER OF: CASE NO: 23-053816
BUI ANK-KIET VU
12 BEDFORD DR.
STERLINE, VA 20165
ADDRESS OF VIOLATION: 155 EMPIRE TER.
SEBASTIAN, FL 32958
The full legal description of the real property upon which these violations occur is: SEBASTIAN HIGHLANDS
UNIT 17, BLK 576, LOT 25, PBI 846 TO 46P. Parcel ID# 31391900001576000025.0
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 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. 66-3. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or
private property of any of the following items, conditions or actions is hereby declared to be and constitute a
nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or
restrictive:
(11) Growth of weeds, grass, undergrowth or other vegetation (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
16`h day of APRIL, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street,
Sebastian, Florida.
vu
March 12, 2024
Page two
YOU ARE REQUESTED to appear before the Special Magistrate at that time to answer and defend the
allegations that you have violated the above cited provisions of the Code of Ordinances of the City of Sebastian.
If you fail to attend, the Special Magistrate may base his findings and act solely on the presentation made by the
Code Enforcement Division.
If the violation is corrected and then recurs, or if the violation was not corrected within the time specified for
correction by the code inspector in the prior notice, the case may be presented to the Code Enforcement
Special Magistrate even if the violation is corrected prior to the hearing.
By �.
Richard Iachim
Code Enforcement Officer #672
Vu
March 12, 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
Vu
March 12, 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/delivegrod to the above named violator at the address stated above this
0 day of /,7�71e /- , 2024.
By
Richard Iachiml
Code Enforcement Officer #672
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Addressed to:
[3U19NK-A"Cf VL4
o acd4r-d DA.
Sf-erl,rntr 11)4 as
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❑Agent
1.
❑ Addresse
B. eived by (Pri Naff
C. Date
of Deliver
i
rt
D. Ist delivery address different from item 17
❑ Yes
If YES, enter delivery address below:
❑ No
I BAR 2 5 2024
Service Type
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9 ° Insured off' ResU ated Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
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NCERTIFIED MAIL@ RECEIPT
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SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
772-589-5233 llotli ne: 772-3884436
March 12, 2024
IN THE MATTER OF:
BUI ANK-KILT VU
12 BEDFORD DR.
STERLINI:, VA20165
ADDRESS OF VIOLATION: 155 EMPIRE TER.
SEBAST'IAN, FL 32958
CASE NO: 23-053816
The full legal description of the real property upon which these violations occur is: SEBASTIAN HIGHLANDS
UNIT 17.13LK 576, LOT 25. PHI 8-46 TO 46P. Parcel IDa 3139190()()01576000025.0
ATTENTION:
Tile ('cite Enforcement Division of the City of Sebastian has previous)
following
the Code of Ordinances of the City of Sebastian. The Code Enforc
following etiolation w Y notified you of an alleged violation
the City of Sebastian Section corrected Within the s emcr)t Division contends that the
18. the C Peci fled time given. Per Land Development Magistrate 10 be heard on the alleged v' ode Enforec rent Division is bringing P ent Code of
g iolation of the following: g g You before the S
Sec.663. T'hcmainminin., Pedal
Pnvate property of an . t. using, placing, depositing
nuisance: ) of file follow' g• leaving or permitting to he or remain on an
provided, however. this cnu g items, conditions or
restrictive: meralion shall actions is hereby declared to be and constitute a r
tl I) Growth of % not be deemed or construed to be conclusive, limiting or
ecds, grass. undergrowth or other vegetation b• upon unimproved real propeny when sue
such that u; gelation (but not
t) caus h row Protected species):
�. .is in imminent danger
growth encroaches upon adjoining v1t `eroales an unrear ,._�, bar of cau< improved real nr