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HomeMy WebLinkAbout490 US HWY 1City of Sebastian Special Magistrate Hearing Date: May 21, 2024 @ 2:00 P.M. Case Number: CE 24-012548 In the Matter of: Damien Gilliams & Bonnie Fey Property: 490 US Highwav 1, Sebastian, FL 32958 EXHIBIT LIST Exhibit (Number or Description Letter) 1 Computer Aided Dispatch (CAD)Calls for Service 2 Initial Notice of Violation/Certified Mail and Photographs 3 Notice to Appear for May 21, 2024 Hearing/Certified Mail and Photographs Sebastian Police Department CAD Call Logs EXHIBIT Time Period 05/09/2024 - 05/09/2024 1 C24-012548 Time Received Situation Location 03/26/2024 10:29:48 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 10:29:49 10:29:49 10:29:49 10:34:30 Written Warning Given 00:04:41 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:04:41 Call Notes On 03/26/2024 at 10:29 Bloomfield, Curtis logged: Call Created On 03/26/2024 at 10:32 Bloomfield, Curtis logged: 86.47. unlawful deposits of Junk. The owner has inoperable junk Limousine stored on the property. Nov issued & certified mail sent. The owner was given 15 days, to remove & dispose of the junk vehicle. On 03/26/2024 at 10:34 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:04:41 Page 1 of I Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-012718 Time Received Situation Location 03/27/2024 13:34:03 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 Cleared Unit Disposition Total Time 92-674/Primary 13:34:04 13:34:05 13:34:05 13:35:13 Property Posted For Abat 00:01:09 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:01:09 Call Notes On 03/27/2024 at 13:34 Bloomfield, Curtis logged: Call Created On 03/27/2024 at 13:34 Bloomfield, Curtis logged: 86-47 The property is posted for case#24-012548. On 03/27/2024 at 13:35 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:01:09 Page 1 of 1 SEBAST1gN POLICE pEPARTM "" C - W� mac, arc 9589 0710 5270 1280 0952 02 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 Codeenforcement3@cityofsebastian.org NOTICE OF VIOLATION EX41BIT Name of owner: Damien H Gilliams & Bonnie Fey Date: March 26, 2024 Address of owner: 1623 N US Highway 1 # A-5 Sebastian, FL 32958 Address of violation: 490 US Highway 1 Case: C24-012548 Sebastian, FL 32958 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 5 FT of Lot 5 Blk 9. Parcel ID# 31390600020009000001.0 An inspection of this property discloses, and the City has found and determined, that a condition exists thereon which is a violation of Section 86-47 of the Code of Ordinances of the City of Sebastian in that: Sec. 86-47. - Unlawful deposits, exception. It shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained junk as defined in section 86-46 of this Code, in open-air storage except as permitted in the applicable zoning districts. The temporary deposit of junk or recycling in a location authorized for waste collection is exempted from this section. Sec. 86-46. (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. INOPERABLE LIMOUSINE WITH FLAT TIRES BEING STORED ON PROPERTY. Cr ZONING DISTRICT DOES NOT PERMIT OUTSIDE/OPEN-AIR STORAGE, NOR HAS SITE PLAN BEEN APPROVED FOR OUTSIDE STORAGE. IT MUST HAVE A VALID LICENSE PLATE AND REGISTRATION. UNLAWFUL DEPOSITS JUNK. INOPERABLE LIMOUSINE MUST BE REMOVED FROM THE PROPERTY. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Section 86-47 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 of the City. If you dispute that such alleged conditions exist on such property, you may request a hearing before the City's Code Enforcement 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 the Sebastian Police Department, Code Enforcement Division, 1201 Main Street, Sebastian, FL 32958. C"'raw 3 By Curtis Bloomfield Code Enforcement Officer 4674 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 Brief Tax EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS Description' E 5 FT OF LOT 5 BLK 9 (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 Nightclub/Bar/Lounge(3300) Sec/Twp/Rng 06-31-39 Tax District 2A SEBASTIAN - REDEVELOPMENT DISTRICT 1 Millage Rate 16.0728 Acreage 0.62 Homestead N View Map EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS H WY R(W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BLK 9 Owner Information Primary Owner Gilliams Damien H & Bonnie Fey 1623 N Us Highway 1 Na-5 Sebastian, FL 32958 Homestead Application t iumest,- r" /,,)p, UA;(A, Change of Address Application ( 11a;,-t GI /vidi uss /'t,,,L•t ai ion Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values I mprovement Value $139,460 $142,461 $145,448 $150,448 $155,297 Land Value $184,987 $184,987 $184,987 $184,987 $184,987 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just(Market)Value $324,447 $327,448 $330,435 $335,435 $340,284 Assessed Value $324,447 $327,448 $330,435 $335,435 $340,284 Exempt Value $0 $0 $0 $0 $0 Taxable Value $324,447 $327,448 $330,435 $335.435 $340,284 Maximum Save Our Homes Portability $0 $0 $0 $0 $0 Taxes $6,641.66 $6,429.04 $6,508.15 $6,646.28 $6,755.50 "Just (Market) Value" description -This is the value established by the Property Appraiserfor ad valorem purposes. This value does not represent anticipated selling price. Historical Valuation Year Improvement Value Land Value Agricultural Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portablility Taxes 2022 $142,461 $184,987 $0 $327.448 $327,448 $0 $327,448 $0 $6,429.04 2021 $145,448 $184,987 $0 $330,435 $330,435 $0 $330,435 $0 $6,508.15 2020 $150,448 $184,987 $0 $335,435 $335,435 $0 $335,435 $0 $6,646.28 2019 $155,297 $184,987 $0 $340,284 $340,284 $0 $340,284 $0 $6,755.50 2018 $131,559 $184,987 $0 $316,546 $316,546 $0 $316,546 $0 $6,476.07 2017 $120,200 $184,987 $0 $305.187 $305,187 $0 $305,187 $0 $6,371.78 2016 $120,200 $184,990 $0 $305,190 $305,190 $0 $305,190 $0 $6,504.14 2015 $123,970 $184,990 $0 $308,960 $308,960 $0 $308.960 $0 $6,807.69 2014 $114,090 $174,110 $0 $288,200 $288,200 $0 $288,200 $0 $6,310.57 2013 $103.730 $165,400 $0 $269,130 $269,130 $0 $269,130 $0 $5,840.03 2012 $106,960 $165,400 $0 $272,360 $272,360 $0 $272,360 $0 $5,805.77 2011 $110,310 $165,400 $0 $275,710 $275,710 $0 $275,710 $0 $5,751.90 Sebastian Police Department �' � i QRNDO Fi.328 Cote 1201-Main Street US POSTAGE—PITNEV 80WES Sebastian, FL S2958 I I t 9589 0710 5270 1280 0952 02 5 : ZIP 32958 $ 009.440 w r, 02 7H 0001348317 APR 01 2024 Damien H Gilliams & Bonnie Fey APR 15 2V4 1.623 N US Highway 1 # A-5 Sebastian, FL 32958 NIXIE 339 DE 1 0004112124 RETURN TO SENDER iJN^L ATMK'11 UNASLE TO FORWARD SC: 3Z9SS405220 *0374-06130•-01-42 3295 8>405 2 1IItI►l111t111,11111ttlr�!!ilr►I1ftltttrl11ll1Nilltltlff ll11111 ru 0 Domestic Mail Only ru Ln o 0 vertifled Mail Fee $ IU Extra ervices & Fees (cneck6ox eat rq ❑ Retum Recelpt ftracopy! $ O ujRetumReceipt telectmnld $ ❑ Cemfied Mall R,estr.;.tea Deliver, $ ❑ Adult E;ignatum Requ'uett $ Adult -I.r, ure Reevicted UelNery P N ga � S Total Postage and Fees r� S' t To / co S`tree and ApG Vc.. or PO Z�ox N'cy ��- 01- _ity of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION' Date �e� Time 40 � e"�Served on L�a�-T As Owner, Resident or Agent of property located at I t-q0 US Inspection of property dicates a violation of City Ordinance Section U u L' �" You are hereby ed to correct the aboveviolation within ays h wr�s from the above date and time of this n 'c 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. Se d By: Code EnforcementOfficer E �FPARTMEpT 9589 0710 5270 1280 t" EX-LIT.� P�IT �, 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 April 17, 2024 IN THE MATTER OF: CASE NO: 24-012548 Damien & Bonnie Gilliams 1623 N US Highway 1 #a-5 Sebastian, FL 32958 ADDRESS OF VIOLATION: 490 US Highway 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 MC, LESS E 5 FT OF LOT 5 BLK 9. Parcel ID# 31390600020009000001.0 ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 86-47. - Unlawful deposits, exception. It shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained junk as defined in -sec 7 uz) 4, 4e, of this Code, in open-air storage except as permitted in the applicable zoning districts. The temporary deposit of junk or recycling in a location authorized for waste collection is exempted from this section. Sec. 86-46. (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21" day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Gilliams April 17, 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 16 is `I' Curtis Bloo ,field Code Enforcement Off, r #674 Gilliams April 17, 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 Gilliams April 17, 2024 Page Four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Spf0tayr to was ► ilee&dgI' ed to the above named violator at the address stated above this of , L l� 12024. By F-y—"r ",�- Curtis Bloomfield Code Enforcement Offi er #674 ram o RECEIPT -Domestic Ln Er a FL E3 Certified Mal Fee / GJ C13 $ I/ M Extra Services & Fees (checkb" add Ls r-q ❑ Reeim Receipt (hmd.W $ ❑ Rehun Receipt (electronic) $ ❑ Certified Mall Restricted Denver' $ i� Q ❑ Aduh Signature Required $ ru to Lrl ❑ Aden Signaure tRestricted DeRvery $ _ r/'rAf" Postage �` I O $ % rq Total Postage and Fees o $ ------------ L.11 ApL No.,_owr 6 h eox No. l rr Er 0;. lad ---------------------------- to, OP n :,t r . r ,r, - - City of Sebastian Special Magistrate Hearing Date: May 21, 2024 @ 2:00 P.M. Case Number: CE 24-012552 In the Matter of: Damien Gilliams & Bonnie Fey Property: 490 US Highwav 1, Sebastian, FL 32958 EXHIBIT LIST Exhibit (Number or Description Letter) 1 Computer Aided Dispatch (CAD)Calls for Service 2 _ Initial Notice of Violation/Certified Mail and Photographs 3 Notice to Appear for May 21, 2024 Hearing/Certified Mail and Photographs Sebastian Police Department CAD Call Logs EXHIBIT Time Period 05/09/2024 - 05/09/2024 -- C24-012552 Time Received Situation Location 03/26/2024 10:34:51 S58 (Code Violations) 490 U S HIGHWAY I 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 92-674/1'rimary 10:34:52 10:34:53 10:34:53 10:38:31 Written Warning Given 00:03:39 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:03:39 Call Notes On 03/26/2024 at 10:34 Bloomfield, Curtis logged: Call Created On 03/26/2024 at 10:38 Bloomfield, Curtis logged: 54-4-18.2 Violation of the site plan. The owner is storing a travel trailer & a Mobile food trailer on the property. Nov issued & certified mail sent. The owner was given 15 days, to remove both trailers from the property On 03/26/2024 at 10:38 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:03:39 Page 1 of I Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-012720 Time Received Situation Location 03/27/2024 13:35:32 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 Cleared Unit Disposition Total Time 92-674/Primary 13:35:33 13:35:33 13:35:33 13:37:59 Property Posted For Abat 00:02:26 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:02:26 Call Notes On 03/27/2024 at 13:35 Bloomfield, Curtis logged: Call Created On 03/27/2024 at 13:37 Bloomfield, Curtis logged: 54--4-18.2.(b). The property is posted for case#24-012552. On 03/27/2024 at 13:37 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:02:26 Page 1 of I 9589 0710 5270 1280 0951 96 EXHIBIT SEBASTIAN POLICE DEPARTMENT —_19 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Tel: 772-589-5233 Hotline: 772-388-4436 NOTICE OF VIOLATION Name of owner: Damien H Gilliams & Bonnie Fey Date: March 26, 2024 Address of owner: 1623 N US Highway 1 # A-5 Sebastian, FL 32958 Address of violation: 490 US Highway I Case: C24-012552 Sebastian, FL 32958 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. Parcel ID# 31390600020009000001.0 An inspection of this property discloses, and the City has found and determined, that conditions exist thereon which are violations of Section 544-18.2 (b) of the Land Development Code of the City of Sebastian in that: Sec. 54-4-18.2. Applicability and Filing Procedures In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this article. (b) Conformance with zoning regulations required. Any such building, structure or use approved pursuant to this article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved site plan. VIOLATION OF SITE PLAN. PARKING AND SITE AREAS BEING USED FOR STORAGE OF BOX TRAILER, RECREATIONAL VEHICLE, AND MOBILE FOOD ESTABLISHMENT WITHOUT APPROVAL OFA SITE PLANMODIFICATION TO ADD OUTSIDE STORAGE. CR ZONING DISTRICT DOES NOT PERMIT OUTSIDE/0PE11'-AIR STORAGE, NOR HAS SITE PLAN BEEN APPROVED FOR OUTSIDE STORAGE. NO OUTSIDE STORAGE ALLOWED. PLEASE REMOVE YOUR TRAVEL TRAILER AND YOUR MOBILE FOOD TRAILER FROM THE PROPERTY. 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(b) of the Code of Ordinances of the City within fifteen (15) days from the time of receipt hereof, the City of Sebastian will 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 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 Brief Tax EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS Description' E 5 FT OF LOT 5 BLK 9 (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 Nightclub/Bar/Lounge(3300) SedTwp/Rng 06-31-39 Tax District 2A SEBASTIAN -REDEVELOPMENT DISTRICT 1 Millage Rate 16.0728 Acreage 0.62 Homestead N View Mar EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BILK 9 Owner Information PrimaryOwner Gilliams Damien H & Bonnie Fey 1623 N Us Highway 1 #8-5 Sebastian, FL 32958 Homestead Application Ilowestf-', Change of Address Application I Ir he+ �� o` Aridi tsS Ar,;l'c:,,,on Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values Improvement Value $139,460 $142.461 $145,448 $150,448 $155,297 Land Value $184,987 $184,987 $184,987 $184,987 $184.987 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $324,447 $327,448 $330,435 $335,435 $340,284 Assessed Value $324,447 $327,448 $330,435 $335.435 $340,284 Exempt Value $0 $0 $0 $0 $0 Taxable Value $324,447 $327,448 $330,435 $335,435 $340,284 Maximum Save Our Homes Portability $0 $0 $0 $0 $0 Taxes $6,641.66 $6,429.04 $6,508.15 $6,646.28 $6,755.50 "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 Year Improvement Value Land Value Agricultural Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portablility Taxes 2022 $142,461 $184,987 $0 $327,448 $327,448 $0 $327,448 $0 $6,429.04 2021 $145,448 $184,987 $0 $330,435 $330,435 $0 $330,435 $0 $6,508.15 2020 $150,448 $184,987 $0 $335,435 $335,435 $0 $335,435 $0 $6,646.28 2019 $155,297 $184,987 $0 $340,284 $340,284 $0 $340,284 $0 $6,755.50 2018 $131,559 $184,987 $0 $316,546 $316,546 $0 $316,546 $0 $6.476.07 2017 $120,200 $184,987 $0 $305,187 $305,187 $0 $305,187 $0 $6,371.78 2016 $120,200 $184,990 $0 $305,190 $305,190 $0 $305,190 $0 $6,504.14 2015 $123,970 $184,990 $0 $308,960 $308,960 $0 $308,960 $0 $6,807.69 2014 $114,090 $174.110 $0 $288,200 $288,200 $0 $288,200 $0 $6,310.57 2013 $103,730 $165,400 $0 $269,130 $269,130 $0 $269,130 $0 $5,840.03 2012 $106,960 $165,400 $0 $272,360 $272,360 $0 $272,360 $0 $5,805.77 2011 $110,310 $165,400 $0 $275,710 $275,710 $0 $275,710 $0 $5,751.90 -0 RECEIPT Q' Domestic Mail Only a uI For delivery information, visit our website at www.usps.com E 0 C3 Ltertilied Melt Rer3 Allcc)V rU i_6ara� vices& vees(aw-koax.aad"asapproprmre) a ❑ Return Receipt ftrdcopy) $ ❑ Return Receipt lelectronlcl $ /4 C3 ❑Cenitled Mai Reatrtcted Delivery S �... ❑ Adult Signature Required $ ILI Lr) Adult Signature Reetrl ted Deltvery $ • �b5tage C3 a 70tal Pdatage and Faea 111- IT irow, ate 4- f� - --- — =------------- PS Form 3800, January 2023 PSN 7530-02000 90-17 See Reverse for Instructions �� _ .t�rrrlr_ rlr��■1 a=iast;an Police Department l i I RLAN> FL 328 0-WC In 1201 Main Street :1,. APR �� `Y ;. ` US POSTAGE-PITNEY BOWES Set, astian, FL 32958 I ! 9589 071� 5270 1280 0951 96 ZIP 32958 02 7H $ 049,l44° a U 0001348317 APR 01 2024 a Dmien a H Gillims onne & BiFey, i APR 15 2024 n�Qu 1623 N US Highway 1 # A-5 / Sebastian, FL 32958 (, NIXIE is% DE 1 t�0�4�1Z/i4 QHASLIE TO 1=01"IYA -0 6C: 32958416501 *0474-09309-01-4Z II... I.. 111. I.II.II..I.I... It.. Ill. 1...._.,.1. 1 1 [fill 141111 1 PLf , 0 ra!55'p- "- fty of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL:32958 Telephone: (772) 388-4436 NOTICE OF VIOLATIOY Date 0; � 1 Time Oc:� 4 - Served on —� At fX-XA{(-A k As Owner, Resident or Agent of property located at LlS Inspection of property indicates a violation of City Ordinance Section ' 4— I q' D- Vf `°A You are hereb)bAct. edtocorrecttheaboveviolation within days bets 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. EdEnforce nt Officer Sr6 S N �EPARTMFjyr 9 P SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 EXHJBIT NOTICE TO APPEAR REFERENCE VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE April 17, 2024 IN THE MATTER OF: CASE NO: 24-012552 Damien & Bonnie Gilliams 1623 N US Highway 1 #a-5 Sebastian, FL 32958 ADDRESS OF VIOLATION: 490 US Highway 1 SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: EDGEWATER PARK SUB PB1 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BLK 9. Parcel ID# 31390600020009000001.0 ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-4-18.2. Applicability and Filing Procedures In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this article. (b) Conformance with zoning regulations required. Any such building, structure or use approved pursuant to this article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved site plan. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21" day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. OEPART11 01 n �O l p 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 April 17, 2024 IN THE MATTER OF: CASE NO: 24-012555 Damien & Bonnie Gilliams 1623 N US Highway 1 #a-5 Sebastian, FL 32958 ADDRESS OF VIOLATION: 490 US Highway 1 SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: EDGEWATER PARK SUB PB1 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BLK 9. Parcel ID# 31390600020009000001.0 ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-4-18.2. Applicability and Filing Procedures In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this article. (b) Conformance with zoning regulations required. Any such building, structure or use approved pursuant to this article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved site plan. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21" day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Gilliams April 17, 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. �a) By l'T Curtis Bloomfield Code Enforcement O -er #674 Gilliams April 17, 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 Gilliams April 17, 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/oelivered to the above named violator at the address stated above this 1 <,4-- k,-L day of 44 L 52024. By Curtis Bloomfield Code Enforcement Of 1 er #674 o co CERTIFIED MAILcRRECEIPT Domestic Ln C3 OF 0 Certified Mail Fee r„ fU EXtra 8eNICes & Fees (check haw d/eB epprdptieta}- �" �� r 7 ❑ Return RecelRt (hardcopy) $ ❑Return Recelpt(eletronle) $ � i11?�Pp atk O ❑ Certified Mal Restricted Dellvery �$ /�� f� Mere ❑ Adult Signature Required 1$ , ru to ❑Adult Signature Restricted Delivery Postage ri Total Page and Fees r- $ s ro it -- •L CIO S O an No.; or ox N X ftf Ci4 n, FL 314,fk r City of Sebastian Special Magistrate Hearing Date: May 21, 2024 @ 2:00 P.M. Case Number: CE 24-012555 In the Matter of: Damien Gilliams & Bonnie Fey Property: 490 US Highwav 1, Sebastian, FL 32958 Exhibit (Number or Letter) 1 _ 2 3 EXHIBIT LIST Description Computer Aided Dispatch (CAD)Calls for Service Initial Notice of Violation/Certified Mail and Photographs Notice to Appear for May 21, 2024 Hearing/Certified Mail and Photographs Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-012555 Time Received Situation 03./26/2024 10:38:57 S58 (Code Violations) Dispatcher How Received Contact Bloomfield, Curtis SelfIntiated Bloomfield, Curtis Responding Personnel EXHIBIT -.1 Location 490 U S HIGHWAY 1 Primary Officer Disposition Written Waming Given Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 92-674/Primary 10:38:57 10:38:58 10:38:58 10:44:47 Written Warning Given 00:05:50 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:05:50 Call Notes On 03/26/2024 at 10:38 Bloomfield, Curtis logged: Call Created On 03/26/2024 at 10:44 Bloomfield, Curtis logged: 54-2-3.6(d)(4). The owner has a mobile food truck parked on the property 24/7. Food trucks are only permitted 2 days per week. Nov issued & certified mail sent. The owner was given 15 days to adhere to the allowed schedule for mobile food trucks. On 03/26/2024 at 10:44 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:05:50 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-012721 Time Received Situation Location 03/27/2024 13:38:19 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 Cleared Unit Disposition Total Time 92-674/Primary 13:38:20 13:38:20 13:38:20 13:39:33 Property Posted For Abat 00:01:13 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:01:13 Call Notes On 03/27/2024 at 13:38 Bloomfield, Curtis logged: Call Created On 03/27/2024 at 13:39 Bloomfield, Curtis logged: 54-2-3.6.(d)(4). The property is posted for case#24-012555. On 03/27/2024 at 13:39 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:01:13 Page 1 of 1 1 WIMMIWk 9589 0710 5270 1280 0951 89 EXHIBIT SEBASTIAN POLICE DEPARTMENT o2 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Tel: 772-589-5233 Hotline: 772-388-4436 NOTICE OF VIOLATION Name of owner: Damien H Gilliams & Bonnie Fey Date: March 26, 2024 Address of owner: 1623 N US Highway 1 # A-5 Sebastian, FL 32958 Address of violation: 490 US Highway I Case: C24-012555 Sebastian, FL 32958 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. Parcel ID# 31390600020009000001.0 An inspection of this property discloses, and the City has found and determined, that conditions exist thereon which are violations of Section 54-2-3.6 (d)(4) of the Land Development Code of the City of Sebastian in that: Sec. 54-2-3.6. - Procedures and criteria for mobile food establishments. (d)Operating requirements. (4)Mobile food establishments are permitted on each property a maximum of no more than two days per calendar week. MOBILE FOOD ESTABLISHMENT HAS NOT MOVED FROM CURRENT LOCATION IN OVER A MONTH. MOBILE FOOD ESTABLISHMENT ARE PERMITTED ON EACH PROPERTY A MAXIMUM OF NO MORE THAN 2 DAYS PER WEEK You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 54-2-3.6 of the Code of Ordinances of the City within fifteen (15) days from the time of receipt hereof, the City of Sebastian will 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 Indian River County, FL Parcel Summary Parcel ID 31390600020009000001.0 Prop ID 31187 Location Address 490 US HIGHWAY 1 SEBASTIAN, FL 32958 Neighborhood City Seb E US1 to River (700027.00) Market Area 70 Brief Tax EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS Description' E 5 FT OF LOT 5 BLK 9 (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 Nightclub/Bar/Lounge(3300) Sec/Twp/Rng 06-31-39 Tax District 2A SEBASTIAN - REDEVELOPMENT DISTRICT 1 Millage Rate 16.0728 Acreage 0.62 Homestead N Viewf ia, EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BILK 9 Owner Information PrimaryOwner Gilliams Damien H & Bonnie Fey 1623 N Us Highway 1 #a-5 Sebastian, FL 32958 Homestead Application Change of Address Application Appl'cation Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values Improvement Value $139,460 $142,461 $145,448 $150,448 $155,297 Land Value $184,987 $184,987 $184,987 $184,987 $184,987 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $324,447 $327,448 $330,435 $335,435 $340,284 Assessed Value $324,447 $327,448 $330,435 $335,435 $340,284 Exempt Value $0 $0 $0 $0 $0 Taxable Value $324,447 $327,448 $330,435 $335,435 $340,284 Maximum Save Our Homes Portability $0 $0 $0 $0 $0 Taxes $6,641.66 $6,429.04 $6,508.15 $6,646.28 $6,755.50 "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 Year Improvement Value Land Value Agricultural Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portablility Taxes 2022 $142,461 $184,987 $0 $327,448 $327,448 $0 $327,448 $0 $6,429.04 2021 $145,448 $184,987 $0 $330,435 $330,435 $0 $330,435 $0 $6,508.15 2020 $150.448 $184,987 $0 $335,435 $335,435 $0 $335,435 $0 $6,646.28 2019 $155,297 $184,987 $0 $340,284 $340,284 $0 $340,284 $0 $6,755.50 2018 $131,559 $184,987 $0 $316,546 $316,546 $0 $316,546 $0 $6,476.07 2017 $120,200 $184,987 $0 $305,187 $305,187 $0 $305,187 $0 $6,371.78 2016 $120,200 $184,990 $0 $305,190 $305,190 $0 $305,190 $0 $6,504.14 2015 $123,970 $184,990 $0 $308,960 $308,960 $0 $308,960 $0 $6.807.69 2014 $114,090 $174,110 $0 $288,200 $288,200 $0 $288,200 $0 $6,310.57 2013 $103,730 $165,400 $0 $269,130 $269,130 $0 $269,130 $0 $5,840.03 2012 $106,960 $165,400 $0 $272,360 $272,360 $0 $272,360 $0 $5,805.77 2011 $110,310 $165,400 $0 $275,710 $275,710 $0 $275,710 $0 $5,751.90 Postal Ir CERTIFIED ° RECEIPT ■ Complete items 1, 2, and 3. A. Sig Domestic Mail Only ■ Print your name and address on the reverse X ti ❑ Agent '-1 so that we can return the card to you. �EBAS ressee Ln Er ■ Attach this card to the back of the mailpiece, B• Receiv dame) very o or on the front if space permits. IJ O Certified Mail Fee 1. Article Addressed to: I delif/ery add different from item 17 ❑ Yes N� co $�.^ {' �•1�( \ Ln enter delress below: ❑ No fU Extra Services &Fees !check box, add lee as epp opda 3a 1 �� • V 1 1 \Q/:1 ' aoro 1 �' L r•i ❑ Retum Receipt (hardcopY $ ^� •% o meReceipt W t Delivery $ qpl� , �13 a. us 14,S11 APR 17 r - ❑Adult signature Required $ cr _ ❑ Adult Signature Restricted Delivery $ 'r': r 1�y �/ Ln Postage s��v' " 4 111 r- - O S 3. Service Type ❑ Priority Mail Express® C3 Tots! Postage and Fees 111111111 IN III 1 ��������� 1111111111 Ili 1111 III 'vp` ❑ Adult Signature ❑ Registered MailMl � $ - Fir - -_ ❑ Adult Signature ResMcted Delivery ❑ Reqlstered Mail Restrictet S t To Certified Mail® Delivery Cr _Mic �1 �/� (J1tll lf , _ An l(;._ '_ ____________________ 9590 9402 7790 2152 6609 51 ❑ certified Maii Restricted Delivery ❑ Signature ConfirmationT 4D $ f arn%Apt No., of PO Bo❑ collect on Delivery ❑ Signature Confirmation Lrl% 3At _ _ _W4. _ _ , 2. Article Number (transfer from service label) ❑ Collect on Delivery Restricted Delivery Restricted Delivery p" C/ -5 Zlf'+4• ---- ❑ Insured Mall C ❑Insured Mail Restricted Delivery I'V31 o %i o . r270 / Zy� d ��l r7 lover $5001 ..:...:.-.......,.�. d5 PS Form 81 � ,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt c�Z<o?'�o Y ` O 6 > ( o t^_t n 0'F C O c (D 0 O _ < _ W -� n ID ty"� NOS 0� rt ���* ` J 0 P rn 2 —(D o o o ® C �' 0 1 a, N O fFD `-' N O 9 h /� �j � � aj � CO (D ~t~ Wp O W to ® 00 ` _A kA I �r+ fD 7 f) C 0 S- 1J� (D QJ to -T, l..t• (Ir 0 n3]' 0 rt Cu C << << Q t (� � nj W Ln 00 % C C ct (r `'� r) 0.. a' � 4 Edb DEPARTMEAyT nr PLO 9589 0710 5270 1280 0954 17 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 EXHIBIFP NOTICE TO APPEAR REFERENCE VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE April 17, 2024 IN THE MATTER OF: CASE NO: 24-012555 Damien & Bonnie Gilliams 1623 N US Highway 1 #a-5 Sebastian, FL 32958 ADDRESS OF VIOLATION: 490 US Highway 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. Parcel ID# 31390600020009000001.0 ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-2-3.6. - Procedures and criteria for mobile food establishments. (d)Operating requirements. (4)Mobile food establishments are permitted on each property a maximum of no more than two days per calendar week Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 215Y day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Gilliams April 17, 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. a By I b 1-1�`r� Curtis Blo�� :field Code Enforcement Oft er #674 Gilliams April 17, 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 Gilliams April 17, 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 m Ied/&l'vered to the above named violator at the address stated above this day of n-- , 2024. By V p�-�r-- \I Curtis Bloomfield Code Enforcement Officer #674 h- RECEIPT CERTIFIED a —Domestic Mail Only Ln r- Q"' O,.� Certified Mail Fee - �2 m $ rU Extra Services & Fees (OMk boY add fee r-1 ❑ Return Receipt PwdcoW i 0 ❑ Return Receipt (el -t-c-) $ Posh_T18Yk ❑ CerffW Mall RaWkted Da Wwy $ A ❑Adult Signature Requiredru $ Ln O Aduft Signature ResMaed DeRvay $ L!'y Postage Q S I—q Total Postage and Fees r- IO $ / oa— :cc S&WIand f.,.) or 0 ---------�--- [7" ^rai L.-.'. .�.. ... .....-�----- A-----"r.•.................... r �' :.r r. ,1.: City of Sebastian Special Magistrate Hearing Date: May 21, 2024 @ 2:00 P.M. Case Number: CE 24-012559 In the Matter of: Damien Gilliams & Bonnie Fey Property: 490 US Highwav 1, Sebastian, FL 32958 Exhibit (Number or Letter) 1 2 3 EXHIBIT LIST Description Computer Aided Dispatch (CAD)Calls for Service Initial Notice of Violation/Certified Mail and Photographs Notice to Appear for May 21, 2024 Hearing/Certified Mail and Photographs Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-012559 Time Received Situation 03/26/2024 10:45:08 S58 (Code Violations) Dispatcher How Received Contact Bloomfield, Curtis Self Intiated Bloomfield, Curtis Responding Personnel EXHIBIT 11 Location 490 U S HIGHWAY 1 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 92-6744'rimary 10:45:09 10:45:10 10:45:10 11:06:29 Written Warning Given 00:21:20 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:21:20 Call Notes On 03/26/2024 at 10:45 Bloomfield, Curtis logged: Call Created On 03/26/2024 at 10:49 Bloomfield, Curtis logged: 54-3-10.3(a)(l)d,(a)(1)j, & (a)(1)k. The owner is storing folding chairs, grills, wooden pallets, Campfire & tables. Nov issued & certified mail sent. The owner was given 15 days, to remove all such items from the row & refrain from doing so. On 03/26/2024 at 11:06 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:21:20 Page 1 of I Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-012722 Time Received Situation Location 03/27/2024 13:39:54 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 Cleared Unit Disposition Total Time 92-674/Primary 13:39:55 13:39:56 13:39:56 14:01:23 Property Posted For Abat 00:21:28 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:21:28 Call Notes On 03/27/2024 at 13:39 Bloomfield, Curtis logged: Call Created On 03/27/2024 at 13:41 Bloomfield, Curtis logged: 54-3-10.3(a)(1)(d)o)(k). The property is posted for case#24-012559. On 03/27/2024 at 14:01 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:21:28 Page t of 1 9589 0710 5270 1280 0951 72 EXHIBIT SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Tel: 772-589-5233 Hotline: 772-388-4436 NOTICE OF VIOLATION Name of owner: Damien H Gilliams & Bonnie Fey Date: March 26, 2024 Address of owner: 1623 N US Highway 14 A-5 Sebastian, FL 32958 Address of violation: 490 US Highway 1 Case: C24-012559 Sebastian, FL 32958 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. Parcel ID# 31390600020009000001.0 An inspection of this property discloses, and the City has found and determined, that conditions exist thereon which are violations of Section 54-3-10.3(a)(1)d, (a)(1)j, and (a)(1)k of the Land Development Code of the City of Sebastian in that: See. 54-3-10.3. - Work within rights -of -way and easements (a)Applicability. Work within the city rights -of -way and easements shall require prior approval from the city engineer. (1)Permits for right-of-way construction and/or easement use from the city are required prior to any work, including, but not limited to: d. Construction site and/or material storage. j. Signs. k. Placement of any item which may be construed as a hazard. THERE ARE FOLDING TABLES, 2 GRILLS/SMOKERS, WOODEN PALLETS, CAMPFIRE AREA, AND UNATTACHED SIGN ONA CHAIR ALL LOCATED WITHIN THE CITY'S HARRISON STREET RIGHT-OF-WAY. THE CITY DEEMS THE UNAPPROVED OUTSIDE COOKING AREA TO CONSTRUE A HAZARD AS THEY ARE LOCATED OVER AN UNDER GOUND GAS LINE. ITEMS STORED IN THE RIGHT -OF- WA Y ARE NOT ALLOWED, FOLDING TABLES, GRILLS, WOODEN PALLETS, CAMPFIRE AREA. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 54-3-10.3 of the Code of Ordinances of the City within fifteen (15) days; from the time of receipt hereof, the City of Sebastian will 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. Cu*VW Blo�% By Curtis Bloomfield Code Enforcement Officer #674 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 U51 to River (700027.00) Market Area 70 Brief Tax EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS Description' E 5 FT OF LOT 5 BILK 9 (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 Nightclub/Bar/Lounge(3300) Sec/Twp/Rng 06-31-39 Tax District 2A SEBASTIAN - REDEVELOPMENT DISTRICT 1 Millage Rate 16.0728 Acreage 0.62 Homestead N View Ma 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 Owner Information Primary Owner Gilliams Damien H & Bonnie Fey 1623 N Us Highway 1 #a-5 Sebastian, FL 32958 Homestead Application IIdomestc<;,, ,,,, ocrtioi I Change of Address Application I! ha:,rc or Arldt atior Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values Improvement Value $139,460 $142,461 $145,448 $150,448 $155,297 Land Value $184,987 $184,987 $184,987 $184,987 $184,987 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $324,447 $327,448 $330,435 $335,435 $340,284 Assessed Value $324,447 $327,448 $330,435 $335,435 $340,284 Exempt Value $0 $0 $0 $0 $0 Taxable Value $324,447 $327,448 $330,435 $335,435 $340,284 Maximum Save Our Homes Portability $0 $0 $0 $0 $0 Taxes $6,641.66 $6,429.04 $6,508.15 $6,646.28 $6,755.50 "Just (Market) Value" description -This is the value established by the Property Appraiser farad valorem purposes. This value does not represent anticipated selling price. Historical Valuation Year Improvement Value Land Value Agricultural Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portablility Taxes 2022 $142,461 $184,987 $0 $327,448 $327,448 $0 $327,448 $0 $6,429.04 2021 $145,448 $184,987 $0 $330,435 $330,435 $0 $330,435 $0 $6,508.15 2020 $150,448 $184,987 $0 $335,435 $335,435 $0 $335,435 $0 $6.646.28 2019 $155,297 $184,987 $0 $340.284 $340,284 $0 $340,284 $0 $6,755.50 2018 $131,559 $184,987 $0 $316,546 $316,546 $0 $316,546 $0 $6,476.07 2017 $120,200 $184,987 $0 $305,187 $305,187 $0 $305,187 $0 $6,371.78 2016 $120,200 $184,990 $0 $305,190 $305,190 $0 $305,190 $0 $6,504.14 2015 $123,970 $184,990 $0 $308,960 $308,960 $0 $308,960 $0 $6,807.69 2014 $114,090 $174,110 $0 $288,200 $288,200 $0 $288,200 $0 $6,310.57 2013 $103,730 $165,400 $0 $269,130 $269,130 $0 $269,130 $0 $5,840.03 2012 $106,960 $165,400 $0 $272.360 $272,360 $0 $272,360 $0 $5,805.77 2011 $110,310 $165,400 $0 $275,710 $275,710 $0 $275,710 $0 $5,751.90 '.�'-WSLiail Police D�lrarttaent Coc;c F.nfcxement 1201 Main Street Sebastian, FL 329a8 I 9589 0710 5270 14280 0951 72 j ` 911 Damien H Gilliams & Bonnie Fey 1623 N US Highway 1 # A-5 Sebastian, FL 32958 Q ` x't US POSTAGE—PITNEY BOWES ZIP 32958 $ 409.440 00 1348317 APR 01 2024 APR 15 2024 NIXIE 339 DC 1 0004/1.2/24 RETUFN Tn SFninFR UNCLA.TMF0 ;1NR6�.= TO FORWARD' 2� :�:.?•� M ;i-N: SC: 3.29SS416SOI *2974-019�1- 2-t� 3 2 95 8>4165 111111I III III 1111IItV1l11lt41t,`t1�11�i1,tli\tl\,1�t��t,111�`1l�i U.S. Postal Service"" ru CERTIFIED MAIL@ RECEIPT Domestic Mail Only Ln C3 0 Certified Mali Fee tsr ru Extra ery Ices & Fees (cnea bec add teats appmp ❑ Retum Receipt Cts'dcopY) ` Cj Return Rer,&pt (electronic) 4 �jfgostrttads , CA C3 ' ❑Certified Mail Restricted Delivery $ .,w. _! Here Adult signature Reyulred $ ! t1 ^ rU (Adult SlAure R neteatdMd eDelivery $Ln �O 0 - r=1 Total Postage and Feee ' N � cc) §ireet angdA}pt. {�lJ�o�,.�(or d 6ox ol..� f{/ �/ r �' l i#J01 ZIi$+4m# of S w(.. I 'J ?,Lt,01'2-5-5i' C'ity of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL.32958 Telephone: (772) 388-4436 NOTICE OF VN0I,ATION Date 3f'�� /,� � Time i o"G S Served on At &Y0VL-tC&z4gj As Owner, Resident or Agent of property located at Ct L-) {YS ✓ Inspection of property indicates a violati n of City Ordinance Section -5 � + 3 — i a� G 1 �j <-� aO w t S Ate = AdU-O u-r't�) _P GFL�&C- C4..X-aC.-- You 'rehere y dtocorrecttheaboveviolation within 1. days/ s from the above date and time of this n ilure 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. Se By: Code Enforcementk fficer EXHI ' i 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. April 17, 2024 IN THE MATTER OF: CASE NO: 24-012559 Damien & Bonnie Gilliams 1623 N US Highway 1 #a-5 Sebastian, FL 32958 ADDRESS OF VIOLATION: 490 US Highway 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. Parcel ID# 31390600020009000001.0 ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-3-10.3. - Work within rights -of -way and easements (a)Applicability. Work within the city rights -of -way and easements shall require prior approval from the city engineer. (1)Permits for right-of-way construction and/or easement use from the city are required prior to any work, including, but not limited to: i. Mail boxes -concrete, brick, large, etc. j. Signs k. Placement of any item which may be construed as a hazard. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 215t day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. pFPARTMFAjr 9589 0710 5270 1280 0954 9 i �O t r 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 April 17, 2024 IN THE MATTER OF: CASE NO: 24-012555 Damien & Bonnie Gilliams 1623 N US Highway 1 #a-5 Sebastian, FL 32958 ADDRESS OF VIOLATION: 490 US Highway 1 SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: EDGEWATER PARK SUB PB1 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 MC, LESS E 5 FT OF LOT 5 BLK 9. Parcel ID# 31390600020009000001.0 ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Chapter 162.06 of Florida Statutes, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-3-10.3. - Work within rights -of -way and easements (a)Applicability. Work within the city rights -of -way and easements shall require prior approval from the city engineer. (1)Permits for right-of-way construction and/or easement use from the city are required prior to any work, including, but not limited to: i. Mail boxes -concrete, brick, large, etc. j. Signs k. Placement of any item which may be construed as a hazard. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21" day of May, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Gilliams April 17, 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. . � n By I CurN=1� Code Enforcement Offider #674 Gilliams April 17, 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 Gilliams April 17, 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 iaAed/daliered to the above named violator at the address stated above this day of 12024. By Curtis Bloomfield Code Enforcement Of cer #674 CERTIFIED MAIL° RECEIPT Domestic Mail Only C3 toed Mail Fee ro $ rU Extra Scavioes&Fees (cnecircaweaufee asy r-q ❑ Retum Rece pt Owdoopyl $ ❑ Return Receipt {electronicl $ ❑ Cam%d Mail Rest icier Dalwary 5. Q ❑AdultSignature Requ4ed $ru S Lrj ❑Aduft Signature Restricted Delwary Postage r- 1 V-1 'i'otal Postage and Fees :NW. Er cp ndApt No., 0- ox Nyy. Ln Q' Citv,StaMa DPP 4i*. _ \1.32aSE �ark {:. 7 Here 1 Q Sebastian Police Department CAD Call Logs Time Period 05(09/2024 - 05/09/2024 C24-012383 Time Received Situation Location 03/25/2024 14:04:11 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 Time 92-674/1'rimary 14:04:13 14:04:13 14:04:13 14:33:18 Code Service Rendered 00:29:05 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:29:05 Call Notes On 03/25/2024 at 14:04 Bloomfield, Curtis logged: Call Created On 03/25/2024 at 14:33 Bloomfield, Curtis logged: I spoke with Damien Gilliams (sr) about several violations that he has on this property. He stated that he has a meeting with the City Manager & the Head of the Community dept. He stated that except for the Limousine, which he will have removed by next week. The other issues are not violations. He requested a day to speak with the City Manager to clarify this issue before i cite him. I told him i will be back tomorrow to issue him notices. On 03/25/2024 at 14:33 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:29:05 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 05/09/2024 - 05/09/2024 C24-014658 Time Received Situation Location 04/11/2024 13:43:56 S92B (Reinspection) 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 Time 92-674/Primary 13:43:57 13:43:57 13:43:57 14:11:39 Code Service Rendered 00:27:42 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:27:42 Call Notes On 04/11/2024 at 13:43 Bloomfield, Curtis logged: Call Created On 04/11/2024 at 14:11 Bloomfield, Curtis logged: I reinspected the property with the owner Damien Gilliams. He stated that his property is incompliance . I took photos & will speak with Deputy Chief Witt about this property. On 04/1112024 at 14:11 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:27:42 Page 1 of 1