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HomeMy WebLinkAbout365 PERCH LANECity of Sebastian Special Magistrate Hearing Date: June 18, 2024 @ 2:00 P.M. Case Number: CE 24-016105 In the Matter of: Irina Goldenberg Property: 365 Perch Ln, 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 3 Notice to Appear for June 18, 2024 Hearing/Certified Mail and Photographs i 1 Sebastian Police Department CAD Call Logs EXHIBIT -L Time Period 06/10/2024 - 06/10/2024 C24-016105 Time Received Situation Location 04/23/2024 09:09:52 S58 (Code Violations) 365 PERCH Ln Dispatcher How Received Contact Primary Officer Disposition Charles, Naiomi A Telephone 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 11:11:12 11:27:47 Written Warning Given 00:16:35 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:16:35 Call Notes On 04/23/2024 at 09:09 Charles, Naiomi A logged: Call Created On 04/23/2024 at 09:10 Charles, Naiomi A logged: CALLER ADVIED THE CUT BACK HAS NOT HAPPEN AND MADE A COMPL IN FEBRUARY On 04/23/2024 at 11:23 Bloomfield, Curtis logged: 66-3.11(b). Overgrowth onto adjacent properties. 355 ,385 Perch Ln & 343 melrose Ln. Nov issued & certified mail sent. The owner was given 15 days to cutback 5' on the North, South & East sides of the property On 04/23/2024 at 11:27 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:16:35 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 06/10/2024 - 06/10/2024 C24-016323 Time Received Situation Location 04/25/2024 12:03:29 S92B (Reinspection) 365 PERCH Ln 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/Nmary 12:03:30 12:03:30 12:03:30 12:57:17 Property Posted For Abat 00:53:47 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:53:47 Call Notes On 04/25/2024 at 12:03 Bloomfield, Curtis logged: Call Created On 04/25/2024 at 12:26 Bloomfield, Curtis logged: 66-3.11(b). The property is posted for case#24-016105. On 04/25/2024 at 12:57 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:53:47 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 06/10/2024 - 06/10/2024 C24-017707 Time Received Situation Location 05f09/2024 14:35:17 S92B (Reinspection) 365 PERCH Ln Dispatcher How Received Contact Primary Officer Disposition Bloomfield, Curtis Self Intiated Bloomfield, Curtis Violation Not Complied Responding Personnel Unit/Role Dispatched En Route On Scene Transport Trans/Arry Trans/Dprt In Quarters Cleared Unit Disposition Total Time 92-674/Primary 14:35:18 14:35:19 14:35:19 14:50:24 Violation Not Complied 00:15:06 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:15:06 Call Notes On 05/09/2024 at 14:35 Bloomfield, Curtis logged: Call Created On 05/09/2024 at 14:41 Bloomfield, Curtis logged: 66-3.11(b). The owner has not complied with case#24-016105. This case will be placed on the Docket for the next scheduled Magistrate's hearing. On 05/09/2024 at 14:50 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:15:06 Page 1 of 1 Sebastian Police Department CAD Call Logs Time Period 06/10/2024 - 06/10/2024 C24-018167 Time Received Situation Location 05/13/2024 14:50:35 S92B (Reinspection) 365 PERCH Ln 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 14:50:37 14:50:38 14:50:38 14:59:26 Property Posted For Abat 00:08:49 Responder Bloomfield, Curtis (674) Start Mileage End Mileage Total Milage Total Time: 00:08:49 Call Notes On 05/13/2024 at 14:50 Bloomfield, Curtis logged: Call Created On 05/13/2024 at 14:51 Bloomfield, Curtis logged: 66-3.11(b). 66-3.(1). A copy of the Notice of hearing letter, scheduled for 6/18/24 was posted to the property. On 05/13/2024 at 14:59 Bloomfield, Curtis logged: Call Closed Total Calls: 1 Overall Total Time: 00:08:49 Page 1 of I 9589 0710 5270 1280 0956 91 EXHIBIT SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 codeenforcement@cityofsebastian.org POSTED NOTICE OF PUBLIC NUISANCE Name of owner: Irina Goldenberg Date: April 25, 2024 Address of owner: 13375 NW 1 l'h Pl. Sunrise, FL 33323 Address of violation: 365 Perch Ln. Case: C24-016105 Sebastian, FL 32958 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida. Sebastian Highlands Unit 08, Blk 195, Lot 4, PBI 6-13. Parcel ID# 31381300002195000004.0 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. OWNER OF ADJACENT UNIMPROVED PROPERTY IS RESPONSIBLE FOR MAINTAINING 5' PERIMETER. CUT BACK 5' ON THE EAST, NORTH AND SO UTH SIDE OF THE PROPERTY, HAUL TO THE LANDFILL OR MULCH. PLEASE RESPOND. ANY SPECIAL RECOMMENDATIONS OR DIRECTIONS REGARDING THE ACTION TO BE TAKEN ON YOUR PROPERTYARE LISTED ON YOUR PERMIT FOR NUISANCE ABATEMENT. WHETHER YOU USE A VENDOR FROM THE CITY'S LIST OR YOUR OWN, THE CONTRACTOR YOUEMPLOYMUST CONTACT CODE ENFORCEMENT SO THAT AN OFFICER CAN BE ON SITE PRIOR TO THE WORK BEING DONE. BEFORE ANY CUTTING, YOU MUST COMPLETE AND SIGN THE ENCLOSED NUISANCE ABATEMENT PERMIT AND RETURN IT TO THE CODE ENFORCEMENT DIVISION. 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. Cu tv WB By Curtis Bloomfield Code Enforcement Officer #674 Indian River County, FL Parcel Summary Parcel ID 31381300002195000004.0 ProplD 19372 Location Address 365 PERCH LN SEBASTIAN, FL32958 Neighborhood Seb Hls sec 13/24/25 area (140018.00) Market Area 14 Brief Tax Description' SEBASTIAN HIGHLANDS UNIT08 BLK 195 LOT PBI6-13 (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,POI,AgZN (0000) Sec/Twp/Rng 13-31-38 Tax District 2- SEBASTIAN Millage Rate 16.0728 Acreage 0.23 Homestead N View Map SEBASTIAN HIGHLANDS UNIT08 BLK 195 LOT PBI 6-13 Owner Information PrimaryOwner Goldenberg Irina 13375 NW 11th PI Sunrise, FL 33323 Homestead Application Homestead Anulicati,- Change of Address Application ( hange of Address I'c ati n 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 $56,100 $35,700 $32,300 $27,200 $24,140 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $56,100 $35,700 $32,300 $27,200 $24,140 Assessed Value $18,922 $17,202 $15,638 $14,216 $12,924 Exempt Value $0 $0 $0 $0 $0 Taxable Value $18,922 $17,202 $15,638 $14,216 $12,924 Maximum Save Our Homes Portability $37,178 $18,498 $16,662 S12.984 $11.216 Taxes $523.89 $383.50 $361.94 $322,46 $294.52 "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 $0 $35,700 $0 $35,700 $17,202 $0 $17,202 $18,498 $383.50 2021 $0 $32,300 $0 $32,300 $15,636 $0 $15,638 $16,662 $361.94 2020 $0 $27,200 $0 $27,200 $14,216 $0 $14,216 $12,984 $322.46 2019 $0 $24,140 $0 $24,140 $12,924 $0 $12,924 $11,216 $294.52 2018 $0 $19,720 $0 $19,720 $11,749 $0 $11,749 $7,971 $260.85 2017 $0 $14,620 $0 $14,620 $10,681 $0 $10,681 $3,939 $221.27 2016 $0 $12,240 $0 $12,240 $9,710 $0 $9,710 $2,530 $200.35 2015 $0 $12,240 $0 $12,240 $8,830 $0 $8,830 $3,410 $198.92 2014 $0 $8,960 $0 $8,960 $8,960 $0 $8,960 $0 $162.02 2013 $0 $7,300 $0 $7,300 $7,300 $0 $7,300 $0 $139.91 2012 $0 $7,600 $0 $7,600 $7,600 $0 $7,600 $0 $143.63 2011 $0 $11,250 $0 $11,250 $11,250 $0 $11,250 $0 $207.84 2010 $0 $13,680 $0 $13,680 $13,680 $0 $13,680 $0 $253.53 kluuC 1' 1111u -I;CIliVilt 1201 Main Street, Sebastian, FL 32958 Phone: 772-589-5233 1 Fax: 772-388-4410 E-mail: CodeEnforcement3(@CitvOfSebastian.org PERMIT FOR NUISANCE ABATEMENT (o'VQLr�.V W ll, of vegetation from unimproved real property onto adjoining improved real property) ► Property Owner. Fill in shaded areas only: Address of Unimproved Lot: 365 Perch LN Sebastian, FL 32958 Property Owner Goldenberg Irina Phone Mailing address 13375 NW 11th PL Sunrise, FL 33323 Signature Code Officer Bloomfield 674 Inspected on 04 / 23 / 2024 a) Presence of threatened or endangered species Date / on 04 / 23 / 2024 Case# 24-016105 None found at this time (b) Findings and recommendations"Cutback 5' on the East, North & South sides & Mulch or haul to landfill. / � 0•7 Approved V G l Zi Division Commander Date Special conditions ....... c dhs Z�.r Home Melrose LN ' - - - --- ---•-•--------- - I -----•-------•- -•---•-•--- - Home Vacant Loth !.'�Home 385 365 355 -----------•-•-•- ------- ._._._--._._._._.-._._._- Perch LN Revised 8.23.2022 Seta 41V DEPARTMElyT J uW p n RHO SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 Fax: 772-388-4410 CONTRACTORS FOR NUISANCE ABATEMENT SERVICES Conlon Landscaping Inc. 706 S. Easy Street Sebastian, FL 32958 772-388-5741 Or 321-228-6973 Micco Land Services, LLC P.O. Box 365 Roseland, FL 32957 772-473-6144 Mobley II Enterprises 815 Brevard Avenue Cocoa, FL 32922 321-795-9432 All of the above contractors are local and can perform mowing, 5' cutbacks, debris clean-up and removal. Postal DomesticEr CERTIFIED MAILP RECEIPT Lrl Er C3 C3 Certified Mall Fee sue` ru Extra Services & Fees (checktwx• edd fee es app npcete) ri ❑ Re�um Receipt k'lrardcupyl $ .. a ❑Return Receipt Mall FI tlid D $ _ 7 A� �� G certified Mali Restriced Delivery $ - ~J H� 1 ru ❑ Adult Signature Required $ 4,+ �+ Ln ❑Aduk Signature Restricted Delivery $ Postage 5$ Total Poatage and Fees r f ly- C3 $ Sen cD 5`treetand t. N'-'orPf ozNo - ••---------------•- Lr) �;1 �,Pvk_11_.....pt fL 3 ■ 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 fir; nq, Golden IuC5 1337S►VW //'I- pL such -;Se f �1 3332` 111111111 IN 111111111 MIN 11111111111111111 9590 9402 8408 3156 9988 65 2. Article Number (transfer from service label) 91i PS Form 3811, July 2020 PSN 7530-02-000-9053 -0<nw=r•�� 3Z _ o ND rr to n rr 7 �' (fir"Ni M0 CX O w �C(in 0 00F*(D� CD fD `^ O >v O O S (D § �A m o- m O 0� w =' �•�- O n '"�0�000 4 3 1 3� (D CON n n , —N O ram► Y -+,S O� M< O rr - v- 'n pyO(D(DOOS wv �(D rD 0 0 �. O cm C 1 c^� (^ r+ a '?Tr _.7 7 O g rr EL rn fD `< 7 d k I fD (<D t1 O N O N M CDtT g• � � 3 NCD CCD r•* O N (D M eD 0000 ' . a 00 P) �r3 M N r+ �O 00 SECTIONCOMPLETE THIS ON DELIVERY A. Signature X ❑ Agent \ ❑ Addressee B. Received by (Printed Name) C. D to of Delivery D. Is delive�,�different from item 17 ❑ Yes J` If YES, enter delivery address below: ❑ No MAY 0 2 Mk 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery .1 ,Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mall Restricted Delivery (over$500) 0Q ❑ Priority Mall Express® ❑ Registered MalVm ❑ Registered Mail Restrictet Delivery ❑ Signature Confirmation- 0 Signature Confirmation Restricted Delivery Domestic Retum Receipt 9589 0710 5270 1280 0958 37 S �1bt I TA N DI PARTMFNT 0 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline:772-388-4436 Codeenforcement3@cityofsebastian.org EXHIBIT NOTICE OF VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE May 10, 2024 IN THE MATTER OF: CASE NO 24-016105 Irina Goldenberg 13375 NW 11 h Pl. Sunrise, FL 33323 ADDRESS OF VIOLATION: 365 Perch Ln. SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: SEBASTIAN HIGHLANDS UNIT 08 BLK 195 LOT 4 PBI 6-13 Parcel ID# 31381300002195000004.0 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. 66-3 Illustrative Enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (11) Growth of weeds, grass, undergrowth or other vegetation (but not protected species): b. upon unimproved real property when such growth encroaches upon adjoining improved real property such that it: i) causes, or is in imminent danger of causing, damage to the adjoining property, or ii) creates an unreasonable maintenance burden upon said adjoining property. Nothing herein shall relieve the landowners of any requirement to obtain appropriate permits for removal of such vegetation. Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 18th day of June, 2024 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. Goldenberg May 10, 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 Curtis Bloomfield Code Enforcement Officer #674 Goldenberg May 10, 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 Goldenberg May 10, 2024 Page Four CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Special Magistrate was mailed/delivered to the above named violator at the address stated above this day of 1/v�,, t , 2024. � n 1 J By y Curtis Bloomfield Code Enforcement Officer 4674 �)J)astian Police Department Coc"' FMf:�r�a;.•pn� IN'1 "fain Strect Sebastian, FL 32958 US POSTAGE—PITNEY BOWES 0 ZIP 9589 0710 5270 1280 0958 37 02 7H958 $ 008.690 0001 34831 7 MAY 13 2024 lrin_, Goldenberg 3375 NW 1 i"' Pl. Sunni-e, FL 33323 NT XIE 331 GE 1 0-0-0-5/28/?4 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO XORWARD :.�.:��:i.�:��•._:: ��:�� =r.�:==: �� ,� � . <. � � s � 1 � s � 1 � �. � s � - e e z z ®- z s - z r