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HomeMy WebLinkAbout2016 10 25 Public Hearings 503 - New Cases - 250 North 3rd StreetCODE ENFORCEMENT BOARD AGENDA ITEM 503 REQUEST: October Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. 3 OVISOclsn aria c0 10 C") E 2 C3 w), 0 `'soddoau 'Alf I .". %yl-... 176 L Al I z w LU E I 0 Ir14 ic r-q I CC) Ir -B M min PM rq E3 0 C3 C3 r-I 0 rq C-3 r- T4 on rj ul al Z U W ol nm U,= m L4 z 0 fy- n as -J r X z U Lon Mm m C Ch DC U A 03 40 o4cl .� ■ rq r-I /. • I 11,11g, qfflM Ir ..n M $ M postage Certified Fee postmark ra Here CO Return Receipt Fee I/ r O (Endorsement Required) L7 " Restricted Delivery Fee 0 (Endorsement Required) rI Total postage & Fees ` C] -I- Sent To /'�" ------------------ p Street, Apt. No.; _________ or PO Box No. _____ State, ZIP +4 Z�G� 1""'"`RBP WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION •�" I9 300 North Moss Road - Winter Springs, FL 32708 S9 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 250 N 3RD ST WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE001790 Posted on the following date: September 15, 2016 The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN Y TERRI LYNN GUERRA Notary Public - State of Florida ST = • = MY Comm. Expires Nov 16, 201 J1 a, Commteslon 0 FF 176553 1 � • "�" r Bonded {Irou� f�gtlensf Nary Assn NOTARY SIG A E IIATE ,p1�NTER �( SA O 'Sf ~ � O U y ryc00 1711' CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001790 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: QUINONES NORISHA 250 3RD ST WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on October 25, 2016_ the Code Enforcement Board will hold a hearing to determine why you should not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 250 N 3RD ST WINTER SPRINGS, FL 32708 Property Owner Name: QUINONES NORISHA Property Owner Address: 250 3RD ST WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 12 -53 Abandonment of Vehicle Vehicle can not be stored in the rear or side rear yard WS 13 -2(b) Junk & Debris Vehicle parts in the rear yard must be removed 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 9/15/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000163369811 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Ordinance- (a) No person in charge or in control of any property, public or private within the city, whether 12 -53 - Abandonment of Motro an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or Vehicles Prohibited abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public right -of -way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty -eight (48) consecutive hours, vehicle being wrecked, and /or inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. (c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (d) Responsibility for compliance. The owner, agent and /or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this section. (e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this section: (1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten (10) calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, sufficiently weatherproofed to withstand normal exposure to the elements. (2) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the director of code enforcement or his /her designee. The director of code enforcement or his /her designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. (3) The property or vehicle owner(s) may appeal the director's or his /her designee's final decision to the code enforcement board for a determination as to whether the property is subject to removal. (4) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day period, the director or his /her designee shall cause such vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board to hear and adjudicate appropriate cases. (f) Vehicle on public property. Not withstanding any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that this section 12 -53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 13-2-(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. A00 C fficer R. McLaren • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • 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: NorlS�. OL(A -WJ Zs6 3-A V- zv* w � K.�. S�,ys, f2 3 Nw (- 601.79C) 2. Article Number (Transfer from service labeq PS Form 3811, July 2013 A. ftatu ❑ Agent X ❑ Addressee B. R ived by (Prin ed Name) C. Date of Delivery D. Is delivery address different from item 1 T ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7014 0150 0001 6256 271L., Domestic Return Receipt � -V'619 % WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 1W 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 June 30, 2016 QUINONES NORISHA 250 3RD ST WINTER SPRINGS, FL 32708 Case #: 2016CE001790 Service Address: 250 N 3RD ST WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION NTER O s� i U ti �C�D wLt J5 The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2016 - 00000214 OFC RICH MCLAREN 06/30/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016 - 00000214 WS 12 -53 Abandonment of Vehicle Vehicle can not be stored in the rear or side rear yard 2016 - 00000214 WS 13 -2(b) Junk & Debris Vehicle parts in the rear yard must be removed Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day for first offenses or up to $500.00 for repeat offenses per day that the violation remains. Please note the latest date to have the cited violations corrected: Corrective Action Comments Due Date NCV See Above 07/29/2016 C.A.L.E.A and State of Florida Accredited Agency Municipal Code Code Text Winter Springs City Ordinance -12- (a) No person in charge or in control of any property, public or private within the city, 53 - Abandonment of Motor whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, Vehicles Prohibited disabled or abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public right -of -way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty -eight (48) consecutive hours, vehicle being wrecked, and /or inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. (c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (d) Responsibility for compliance. The owner, agent and /or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this section. (e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this section: (1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten (10) calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, sufficiently weatherproofed to withstand normal exposure to the elements. (2) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the director of code enforcement or his /her designee. The director of code enforcement or his /her designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. (3) The property or vehicle owner(s) may appeal the director's or his /her designee's final decision to the code enforcement board for a determination as to whether the property is subject to removal. (4) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day period, the director or his /her designee shall cause such vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board to hear and adjudicate appropriate cases. (f) Vehicle on public property. Not withstanding any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that this section 12 -53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. Winter Springs City Ordinance. 13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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. Professionally, Code Officer Rich McLaren Certified Mailing Numbers: 70140150000162562718