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
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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
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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
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Total Poatage and Fees r f
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■ 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
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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
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