The URL can be used to link to this page

Home My WebLink About2016 09 27 Public Hearings 600 - Non-Compliance Cases - 220 North 3rd StreetCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: September Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. PUBLIC HEA]UNGS - NEW CASES 504. Code Enforcement Division — Police Department CASE #2016CE001204 Christopher Boston 220 North Third Street Winter Springs, Florida 32708 City Code 6 -195. Maintenance Of Fences Or Walls. Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Police Department, Code Enforcement Division introduced the Case and submitted into Evidence, "WS -1 ". Code Officer Guerra began, "On May 3`d, 2016, I observed the left side of the chain link fence door was falling off of its hinges. On May 25th, 2016, I went back to check the property again and there was a wooden fence also going down the side that is now falling in towards the property. The chain link fence is also still broken. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 26, 2016 PAGE 10 OF 13 A NCV (Notice of Code Violation) was sent to the Owner on record and also Posted at the property. The NCV (Notice of Code Violation) was Returned in the mail. July 12`h, 2016 the Notice of Code Board was sent to the Owner on record Certified and also Posted at City Hall and the property. On July 16th, 2016, United States Postal Service website advised `Undeliverable as addressed'." Code Officer Guerra then referred to photographs from "WS -1" with further remarks. Furthermore, Code Officer Guerra continued, "There has been no contact from the Owner. The property is Vacant to my knowledge, I have not seen anyone there. I am recommending the Owner of the property be given until August 16th, 2016 to correct the Violation. If not corrected, a Fine of fifty dollars ($50.00) a day be imposed." Additional comments regarding ownership followed. Note: The Respondent was not present. "I WOULD MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL AUGUST 16, 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 VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE VICE- CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE M, ��NTER �( SA O .p > Z � . O U m .y CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001204 PETITIONER, vs. RESPONDENT PARCEL OWNER: BOSTON ROBERT 220 N 3RD ST WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on September 27, 2016 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: July 26, 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: 220 N 3RD ST WINTER SPRINGS, FL 32708 Property Owner Name: BOSTON CHRISTOPHER Property Owner Address: 24520 148TH ROSEDALE, NY 11422 -2710 The cited violations are as follows: WS 6 -195 Maintenance of Fence I Left side of chain link fence is not secured properly and falling. 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 9/13/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 8494 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Ordinance- All fences and walls and accessories thereto shall be maintained in good order and in a 6 -195 - Maintenance of Fences condition equal to that which was originally approved by the building official at the time a Or Walls permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty -day period may be extended an additional thirty -day period by the city manager or the city manager's designee for good cause shown. r C I� OFC TERRI GUERRA M CERTIFIED MAIL. RECEIPT (Domestic For delivery Information visit our website at www.usps.come, Postage $�1,a.�,__ °�� Certified Fee H m p � �t/Y Return Receipt Fee c� � Post ark Here (Endorsement Required) a Restricted Delive;VFee dj (Endorsement Required) ttal Postage & Fees {�T Sent To = ----- ------ - Street, Apt. o.; or PO Box No. -- � s- City, State, zlp+ - - ---!_ - - - -- --------------------------------------- PS Form :00 August 2006 See Reverse for Instructions • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑ Agent • Print your name and address on the reverse ❑ Addressee B. Received by (Printed Name) C. Date of Delivery so that we can return the card to you. • Attach this card to the back of the maiipiece, . or on the front if space permits. D. Is d livery add different from item 1? O YGs 1. Article Addressed to: If S, enter d v add ss below: D No n hn 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express - ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery _ ' `)utkc� C_ 4. Restricted Delivery? (Extra Fee) 1:1 Yes 2. Article Number (Transter from service labeq 7 014 0150 0001,M6 8 4 9 4 PS Form 3811, July 2013 — DomeslUA `" h, 4 USPS.com® - USPS Tracking® Page 1 of 2 English Customer Service USPS Mobile Register! Sign In JOUSPS.COM USPS Tracking® Tracking Number: 70140150000163368494 Updated Delivery i?ay: Saturday, September 17, 2016 Product & Tracking information Postal Product: Features: Certified Mail's t AIF k„ TIMF STATUS OF ITEM L.00A - September 17, 2016 , 11:53 DelivsrediLeft will ROSEDALE, NV 11422 am lnr, #ivirluat- YoLI, en' 1114 as cxlly ed to art indiv du a! 3r the a, S at 11 >d aw or R'1)5R!:DAI E, NY 1':422. September 17, 2016 , 11:49 Notice Left (No Authorized am Recipient Available) ROSEDALE, NY 11422 September 17, 2016 . 613 am Arrived at Unit ROSEDALE, NY 11422 September 17, 2016 , 5:53 am Departed USPS Facility BROOKLYN, NY 11256 September 16, 2016 , 10:23 Arrived at USPS Facility BROOKLYN, NY 11256 am September 15, 2016 9:25 Departed USPS Facility ORLANDO. FL 32862 pm September 14, 2016 10:37 Arrived at USPS Facility ORLANDO, FL 32862 pm Still Have Questions? Browse our FAGS , Get Easy Tracking Updates r Sign up for My USPS. Available Actions 34gxt UpdWes ,._ taaa(Updates r:i. An o t` FW. # u Manage Incoming Packages Tracking (or receipt) number Track all your packages from a dashboard. No tracking numbers necessary . Sign up for My USPF https: // tools. usps. com /golTrackConfirmAction. action? tRef = fullpage &tLc= 2 &text28777 =... 9/19/2016 n vic September 13, 2016 BOSTON ROBERT , , , WINTER SPRINGS POLICE DEPARTMENT 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 ��NTER o S� z OFC TERRI GUERRA, has re- inspected the property at 220 N 3RD ST WINTER SPRINGS, FL 32708 on September 13, 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: July 26, 2016. The violations listed on the City of Winter Springs Code Board Order are as follows: WS 6 -195 Maintenance of Fence Left side of chain link fence is not secured properly and falling. SIG DAT OFC TERRI GUERRA SIGN TUR OF NOTARY DATE VdIde A Ridddt NOTARY PUBM STATE OF FLORIDA . Cam* FF901922 Evnim 7/21/2019 C.A.L.E.A and State of Florida Accredited Agency STAMP: VWwIN A. Rldddt OwlNOTARY PLISM STATE OF FLORIDA SCAMA Cam* FF901M Expir" 7/2112019 O�`NTeR� SA ~ * M U va In—por `• 1954 t • \��OO weTlvy� CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Christopher Boston Owner of the Property located at: 220 North Third Street Winter Springs, Florida 32708 Parcel: 34 -20 -30 -503- 0300 -0100 Respondent, Case #2016CE001204 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 July 26, 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) 6 -195. — Maintenance of Fences or Walls. of the City 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 #2016CE001204 JULY 26, 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: 6 -195. — Maintenance of Fences or Walls. of the City 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: 1. Respondent be given until August 16, 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 from August 16, 2016 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 #2016CE001204 JULY 26, 2016 PAGE 3 OF 3 III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this -Z- day of August, 2016, nunc pro tunc to July 26, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA t Gregg Roe, irperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 3633 Christopher Boston 130-33227 TH Street Springfield Gardens, New York 11413 Case File #2016CE001204 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 August, 2016. s Antonia Della Donna, Board Secretaiy