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Home My WebLink About2016 08 23 Public Hearing 601 - Non-Compliance Case - 707 Sunbury CourtCODE ENFORCEMENT BOARD AGENDA ITEM 601 REQUEST: August Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 28, 2016 PAGE 12 OF 21 PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2016CE001296 Michael D. Pitts And Angela N. Jordan 707 Sunbury Court Winter Springs, Florida 32708 City Code 13 -2.(b) Junk And Debris City Code 13 -2.(c) Unsanitary And Overgrown Yard City Code 13 -2.(e) Stagnant Pool IPMC 304.14 Insect Screens. Inspector: Code Officer Terri Guerra Code Officer Guerra presented the Case and submitted into Evidence "WS -1 ", the presentation. Code Officer Guerra testified, "On May I I1i, 2016 I received a complaint from a neighbor advising the house was vacant and the pool was stagnant. I obtained permission from the neighbor to go on to his property to observe stagnant pool. While checking the rest of the property there was screen missing from the front window, the yard was overgrown, and there was yard waste throughout the yard. There was also garbage in the yard. Notice of Code Violation was sent to owner of property. On May 251i, 2016 the Notice of Code Violation was signed for by Angela Jordan. On May 26h , 2016 the Notice of Code Violation was Posted at the property. On June 131i, 2016 the Notice of Code Board was sent First Class and Certified to the owner of the property and Posted at City Hall. On June 161i, 2016 the United States Postal Service website indicates the Notice was left with no Authorized Recipient. Public Works has treated the pool. They actually treated it today with mosquito killing chemicals. There has been no contact from the owner at this time." Code Officer Guerra referred to photographs from "WS -1 ", offered further remarks, and then stated, "I am recommending owner of property be given until July 191i, 2016. If Violations have not been corrected then a Fine of a hundred and fifty dollars ($150.00) a day be imposed until the Violations have been corrected." Photographs from "WS -I" were reviewed with additional comments. Board Member Kaprow asked if the pool was accessible to which Officer Guerra replied, "No, it's locked." Additional comments and discussion regarding the access to the pool and ownership of the property. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 28, 2016 PAGE 13 OF 21 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JULY 19TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE- CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE- CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. Captain Deisler introduced the Case and submitted into Evidence, "WS -1 ". N`NTeR o s� � z U � 0 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001296 PETITIONER, vs. RESPONDENT PARCEL OWNER: PITTS MICHAEL D & JORDAN ANGELA N 707 SUNBURY CT WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on August 23, 2015 the Code Enforcement Board will hold a hearing to determine if the property described below is still in violation after their order was issued on: June23, 2016. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 707 SUNBURY CT WINTER SPRINGS, FL 32708 Property Owner Name: PITTS MICHAEL D & JORDAN ANGELA N Property Owner Address: 707 SUNBURY CT WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 304.14 Insect Screens Screen is off in front of residence. There is also a screen lying in the front walk way. 13- 2(b)(c) Junk/Debris & Unsanitary/Overgrown Yard is overgrown. There is yard waste piled up. Miscellaneous garbage around front yard for example plastic bag, tools and empty containers. WS 13 -2(e) Stagnant Pool Pool is full and stagnant. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to per day for each day the violation continues and you can be charged for the costs that are incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Florida State Statute Section 162.09. The hearing is conducted within guidelines of City of Winter Springs Code 2 -60 and Florida State Statutes Chapter 162. You may appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in this case. You have the right to present evidence, exhibits, written and oral testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City Of Winter Springs Clerk's Office. In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing. I certify a copy of this document was sent by Certified Mail on 8/8/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 8227 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.304 -14 - Insect Screens Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self - closing device in good working condition. As Adopted by Ordinance 2008 -07 Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 1 3-2-(b) - wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him /her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. Winter Springs City The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance. 13-2-(c) - other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or material tending by its existence and /or accumulation to endanger or adversely affect of health, safety, lives, and /or welfare of the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. Winter Springs City (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to Ordinance. 13 -2 -(e) - reasonably regulate and effectively control excessive growths and accumulations, as enumerated in subsection (c), and /or dead, damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right -of -way between the property and the street. It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant foul water thereon, or be in such other condition as to be susceptible to producing disease or danger to the citizens of the city. j' SIG RE OFC TERRI GUERRA 0 •wa's "�BDp'^®e WINTER SPRINGS POLICE DEPARTMENT I "CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD August 9, 2016 PITTS MICHAEL D & JORDAN ANGELA N , , , � NTER F SA Z A 1. OFC TERRI GUERRA, has re- inspected the property at 707 SUNBURY CT WINTER SPRINGS, FL 32708 on August 9, 2016. The property has been found to be in non - compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on: June 28, 2016. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 304.14 Insect Screens Screen is off in front of residence. There is also a screen lying in the front walk way. 13- 2(b)(c) Junk/Debris & Yard is overgrown. There is yard waste piled up. Miscellaneous garbage around Unsanitary/Overgrown front yard for example plastic bag, tools and empty containers. WS 13 -2(e) Stagnant Pool Pool is full and stagnant. SIGNATURE DATE OFC TERRI GUERRA O STAMP: SIGN URE OF NOTARY 9ATt C.A.L.E.A and State of Florida Accredited Agency V*40 A. Rtddtek NOTARY PUBLIC STATE OF FLORIDA • COWY* FF901822 FIros 7121/2019 aA USPS.com® - USPS Tracking® English Customer Service USPS Mobile Page 1 of 2 Register I Sign In JMvsPSCOM` Customer Service > USPS Tracking® E2Have questions? We're here to help. J Get Easy Tracking Updates > ' Sign up for My USPS. Tracking Number: 70140150000163368227 Product & Tracking Information Postal Product: Features: OTHER USPS SITES Contact Us Certified Mail" Business Customer Gateway DATE & TIME STATUS OF ITEM LOCATION August 15, 2016, 6:48 am Departed USPS Facility FORT MYERS, FL 33913 Your item departed our USPS facility in FORT MYERS, FL 33913 on August 15, 2016 at 6:48 am. The item is currently in transit to the destination. Postal Explorer August 14, 2016 , 5:02 pm Arrived at USPS Facility FORT MYERS, FL 33913 August 12, 2016 , 9:02 am Forwarded WINTER SPRINGS, FL August 11, 2016 , 9:00 pm Departed USPS Facility ORLANDO, FL 32862 August 10, 2016 , 10:01 pm Arrived at USPS Facility ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number Track It HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAQs USPS Service Updates Inspector General Forms 8 Publications Postal Explorer Government Services National Postal Museum Careers Resources for Developers Copyright 0 2016 USPS. All Rights Reserved. Available Actions Text Updates Email Updates Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS > fe LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data https: // tools. usps. com/ go/ TrackConfinnAction ?gtc_tLabelsl= 70140150000163368227 8/15/2016 ��NTER s O� A z CITY OF WINTER SPRINGS, FLORIDA U Incorporated 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE:(407)327-1800 000wezRJ FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE001296 A Florida municipal corporation, Complainant, V. Michael D.Pitts and Angela N.Jordan Owner of the Property located at: 707 Sunbury Court Winter Springs,Florida 32708 Parcel: 28-20-30-5DL-0000-0100 Respondent, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER(FIRST VIOLATION) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on June 28, 2016 to determine whether any violations of the City of Winter Springs Code of Ordinances ("City Code") exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, issues the following Findings of Fact and Conclusions of Law which are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-59 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That violations of Section(s) 13-2.(b) Junk And Debris, 13-2.(c) Unsanitary And Overgrown Yard, 13-2.(e) Stagnant Pool of the City Code, and, 304.14 Insect Screens. of the International Property Maintenance Code exist or existed upon the Property and that Respondent was further provided a reasonable time to correct said violation(s); CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE001296 JUNE 28,2016 PAGE 2 OF 3 3. That Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; 4. That the Respondent was provided Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes and was not present at the hearing; 5. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 13-2.(b) Junk And Debris, 13-2.(c) Unsanitary And Overgrown Yard, 13-2.(e) Stagnant Pool, and 304.14 Insect Screens. of the International Property Maintenance Code; 6. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s) violation(s) of the City of Winter Springs Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: I. Respondent be given until July 19, 2016 to correct the violation(s) of the City Code on the Property; and 2. If Respondent fails to correct the violation(s) within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be entered in the amount of ONE HUNDRED AND FIFTY DOLLARS ($150.00) per day until the violation(s) come(s) into compliance. Respondent shall be responsible to provide notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein, after same have been corrected, shall necessitate further proceedings before the Board. While the Code Enforcement Officer shall give Respondent notice of the repeat violation, the Code Enforcement Officer is not required to provide Respondent(s) a reasonable time to correct such repeat violation(s). The Board, upon finding such repeat violation(s) exist(s), may impose a fine not to exceed Five Hundred Dollars ($500.00) for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the Code Enforcement Officer. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE001296 JUNE 28,2016 PAGE 3 OF 3 III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 8 day of July, 2016, nunc pro tunc to June 28, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Gregg o airperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4432 Michael D. Pitts And Angela N. Jordan, Respondent 707 Sunbury Court Winter Springs, Florida 32708, Case File#2016CE001296 I hereby certify that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law and Order (First Violation) has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized representative on this day of July, 2016. -o �a Antonia Della Donna, Board Secretary