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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 -._._._._._._._ i ----------- , -//'/ as .� G /sr%�ir-e ) L�l�a�p��`G G�lrrP. �.e %%ror�•� 66a tk I 1 l ---------------- _._._._._._._- 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 $338.07 'lust (Market) Value" description -This is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price. Historical Valuation Land Information Code Land Use Des: Amenity Acres Square Feet Act. Frontage Eff. Frontage Depth Zoning E VRes-SF Zond; Singl Site T- Typical interior site 0.28 12196.8 65.28 81.89 125 RS-10 https:llgpublic.schneidercorp.com/Application.aspx7ApplD=1109&LayerlO=27655&PageTypelD=4&PagelD=11279&Q=578984004&KeyValue=31391... 1 /2 Postal coo CERTIFIED MAILP RECEIPT Domestic m - u 0 Certified Mail Fee I$ CO N EMmSmi.9BFees nPgTIAN,p� ❑flehvn Ae pl lNochoMc) a O ❑Ce tw Mdl PesOkletl genrery $ Here d r` ❑ MA si'e. flapWreo S niDMA '> '��a"s ;h DEC Postage t 2023 0� � &I Postage ano Fees \ r3 Sent Tp.. _.. .. _ t , /.. fir m Lrl Er ✓ ✓`-' -� —✓ U /'V 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 ALERT: SEVERE WEATHER CONDITIONS ACROSS THE U.S. MAY DELAY FINAL DELIVERY OF Y... 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FAQs fiE A5T14 POLIC! ptP��TMt� 0 `.fir Ff � 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 � �.. . t ' ate•, ,� � ,�, `R- 3r , Y •.4-.s.. �% 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 ��;.. �,. � F. i(f 1i?� _.a{Y. •- t if`•,.iV `a yxp� F"a' n.: r ` �;a { J k fi� kk A- � � `•�, ��' to .. SF -� 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 X (� bl IJ D ❑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 IIIIIIIII IIII IIIIIIIII'lll 111 III IIIII IIIII IIII3. O�Cdne lt Sldgg ue Restricted Delivery 9590 9402 7790 2152 6606 47 ❑ Celtiged Mall Restricted Delivery p Qplloot on Delivery G ollect on Delivery Restricted Deivery, 2. Article Number (Tmnsfer from service labeq ❑ Insured Mail 9SR5 o7)In si ?n arb o9y9 7 9 ° Insured off' ResU ated Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 ❑ Prionly, Mail EapressO ❑ Registered Mail• ❑ R Delieeggisteetl Mail flestdct very ❑ signature Congrmation7 ❑ signature Coniirmatlon Restricted Delivery Domestic Return Receip NCERTIFIED MAIL@ RECEIPT t` Domestic Er Er C3 cb` = ICertmed Mall Fee ru E tra semces fl Fees (cnectae<eadfee ss AIPMPM •. rl [:I Ream Re ,,t lT•acW11 s ❑ ReMn Racelpt(electmnic) S Postmark C3 ❑ Cs,mse Mall Ra ,,ss Delivery S Here 17l ❑aaun slgnalu,a Rapveea s'- ❑Mfi�lr Sprelun Rm4k1M DNMryE Ln Postage C3 IS rR Tatel Postage and Fees I, 0' a —'' � J( �(r Y ------------------------- Cc � 'tee aril i .. -r'A'6"6'o N.....-- .. ¢WMWMW'- 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