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HomeMy WebLinkAbout2017 02 28 Public Hearings 600 - Non-Compliance Case - 635 Murphy RoadCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: February Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. PP 0 Ne, CC RE February 22, 2017 BOURGEOIS ANN C , , , 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 �I��NTeR o S� Z ti cOD WETµ) t RICH MCLAREN, OFC, has re- inspected the property at 635 MURPHY RD WINTER SPRINGS, FL 32708 on November 16, ►111.11 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 October 25, 2016. The violations listed on the City of Winter Springs Code Board Order are as follows: WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained WS 13 -2(e) Stagnant Pool Pool must be treated and not appear stagnant WS 6 -195 Maintenance of Fence Fence along the property line must be maintained properly Z�zz 7 SIGNATURE DATE RICH MCLAREN, OFC 2-2-2—Z7 STAMP: 14 SIGN, RE OF NOTARY DATE Valerie A RkkOck NOTARY PUBLIC STATE OF FLORIDA Cowen# FF901822 Expires 7/21/2019 C.A. L.E.A and State of Florida Accredited Agency 4"0"2 e WINTER SPRINGS POLICE DEPARTMENT l CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 635 MURPHY RD WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002045 Posted on the following date: February 14, 2017 N�NTER � SA o Z The undersigned swears and affirms that the property has been posted: SIGNATURE RICH MCLAREN, OFC Valerie A- Rkk** NOTARY PUBLIC STATE OF FLORIDA COMW FF901822 is Expires 7/21/2019 STAM P: 2 - Z -2 -/,7 OTARY SIGNA URE DATE Ln .. ti 0 77 M.MNIOM -- m M Postage Certified Fee ',,e O Receipt Fee Return Receipt Here C3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r w l Ln r—1 Total Postage & Fees O Sent To , gars - Street, ApP. No.; -- or PO BoxNO----------- "����vfw "� - -----� -i---t--P---------------------------- City, State, ZIP +4 LU f In 1 - _ SprNj) fj 32W ,r1�NTER F SA O -p a Z U y CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE002045 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: BOURGEOIS ANN C 635 MURPHY RD WINTER SPRINGS, FL 32708 CONTACT THREE: CONTACT FOUR: NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on February 28, 2017 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: October 25, 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: 635 MURPHY RD WINTER SPRINGS, FL 32708 Property Owner Name: BOURGEOIS ANN C Property Owner Address: 635 MURPHY RD WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained WS 13 -2(e) Stagnant Pool Pool must be treated and not appear stagnant WS 6 -195 Maintenance of Fence Fence along the property line must be maintained properly If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250 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 2/14/2017 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000163366094 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Ordinance The existence of excessive accumulation or untended growth of weeds, undergrowth or 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 Ordinance (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to 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. 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. SIGNATURE OFC RICH MCLAREN 3EIV.ISOdsn CD OD CZ) IL (I oa 11 4q T -P ow r. rrr 77 M cr r— in rn rn -0 C3 C3 C3 C3 rn to Z in C3 C3 ow r. rrr 77 o io ..:7 L) rn to Z ow 171 • 71 A raa Lm I'l -A 4- k1h x o 171 • 71 A raa Lm I'l -A 4- k1h to ago WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 59 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 635 MURPHY RD WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002045 Posted on the following date: December 27, 2016 The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN TERRI LYNN GUE— RRA `�- Notary Public - State of Florid, S P * 2 My COMM. Nov 16 201 '••',��`y;•' Commission FF 176553 heiuN TARY SIGNA UR DATE BMW t National Notary Ass CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT PARCEL OWNER: BOURGEOIS ANN C 635 MURPHY RD WINTER SPRINGS, FL 32708 CONTACT THREE: ��NTER F SA O 'j1 U rp CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2016CE002045 CITED PARTY: CONTACT FOUR: NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on January 24, 2017 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: October 25, 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: 635 MURPHY RD WINTER SPRINGS, FL 32708 Property Owner Name: BOURGEOIS ANN C Property Owner Address: 635 MURPHY RD WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained WS 13 -2(e) Stagnant Pool Pool must be treated and not appear stagnant WS 6 -195 Maintenance of Fence Fence along the property line must be maintained properly If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250 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 12/27/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000163362430 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Ordinance The existence of excessive accumulation or untended growth of weeds, undergrowth or 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 Ordinance (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to 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. 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. -1110 SIGNATURE OFC RICH MCLAREN "`R ®per WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 1W 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 635 MURPHY RD WINTER SPRINGS, FL 32708 •mb 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002045 Posted on the following date: September 21, 2016 JJ�NTER F SA O 9 } i U y • �r.;O„ WE k The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN / C NOfAR IGN DATE F�l ,, TERRI GUERRA �= Notary Public - State of Florida My Comm. Expires Nov 16, 2011 F �`��; Commlaslon M FF 178553 STAN*` - ��" I NaaryAsm. :3C)V.,LSOdsni 00 01 1 0 E Oi o d o') Ir -4 10 a"N 1�- z LU Ln LL N %; Ch f" LU LLI tA x M LL. 0 V 0 cr f" Z vt ul 00 %A -C 0 c ui Z 0 0 CO M E 06 U;z Li M M - -7' VI FS) 3'. 01110 z 10 ce > U;z Li M M 0 -a Er -0 m m -13 rq M C3 M 0 in r-q M M r- LT=-- 31OVISCid sn QO ➢ Z C\j m E ea N U- IS 0 d o�a ILI L ID C vi M N 0 'r 0 1-➢ 0 0 -a Er -0 m m -13 rq M C3 M 0 in r-q M M r- LT=-- r4 ➢ Z ID C vi M N 0 'r 0 1-➢ 0 Li ct i I (on r4 Ln< ri ➢i ILA cn fo M te (-4 10 tj 1➢ M z 1-, tlJ C) --I m 14 z u wl tir cn .7 ISO C%I (1) 3CIVISOd sn co its O C, Ct E C\j Ll Q C7) S 0 d o a u At LA V 4r Lr) Ir m m —0 rq 0 0 M 0 Lr) M rq M r- I X) 'A u ck. ZO Lt I L) x U rno firm q, z _3 q q fn m -Z': 01 CO (Domestic Win, M11 Q^ For delivery Postage $ rq Certified Fee M �Return Receipt Fee (Endorsement Required) M Postage $ C3 Q Restricted Delivery Fee (Endorsement Required) rq Certified Fee ul O Return Receipt Fee Postmark -.Here C3 (Endorsement Required) 7 r - Restricted Delivery Fee E3 Sent To Sheef, ------ p (Endorsement Required) Apt. No.--- or PO Box No. S r V'7 s --- -- -- -------- --- --- ;kjv- -Sri t 3Z?4 OTotal Postage &Fees _. `a Sent To /'r11_M J?e� r Coil - -- -- --------------------- � 1 ` Street, Apt. No.; or PO Box No. C - +----------- (rye y� t -�`'!% - -------- ---------- Ctty State, ZIP +4 -- -- ---------------------------- L 74 (Domestic Mail C , For delivery inform, Win, M11 M Postage $ rq Certified Fee �Return Receipt Fee (Endorsement Required) Postmark Here C3 Q Restricted Delivery Fee (Endorsement Required) ul Total Postage & Fees $ 7 f E3 Sent To Sheef, ------ Apt. No.--- or PO Box No. S ---- City, State, ZIP+ 4 ZIP + s --- -- -- -------- --- --- ;kjv- -Sri t 3Z?4 PO�y CASE #: 2016CE002045 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE ��NTER o 97 > Z u u, This is notification that the property located at 635 MURPHY RD WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance. The Code Inspector observed the following: Violation Description Violation Comments WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. BOURGEOIS ANN C 635 MURPHY RD WINTER SPRINGS, FL 32708 The City of Winter Springs remedied this violation on September 21, 2016 . The fees associated with the corrective actions are estimated at $ 70 per violation. If the invoice for such fees is not paid within fifteen (15) days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen (15) days of this notification date in writing to the code enforcement manager. The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 70140150000163369675 Municipal Code Code Text Winter Springs City Ordinance. 13- (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to 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. C.A.L.E.A and State of Florida Accredited / SIGNATURE OFC RICH MCLAREN JyIKTEl? O �p F- O U y hGnO wE twJ� CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE002045 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: BOURGEOIS ANN C 635 MURPHY RD 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: 635 MURPHY RD WINTER SPRINGS, FL 32708 Property Owner Name: BOURGEOIS ANN C Property Owner Address: 635 MURPHY RD WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained WS 13 -2(e) Stagnant Pool Pool must be treated and not appear stagnant WS 6 -195 Maintenance of Fence Fence along the property line must be maintained properly 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 9/21/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000163369668 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City I The existence of excessive accumulation or untended growth of weeds, undergrowth or other Ordinance. 1 3-2-(c) 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. 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. SIGNATURE Inspector `a- WINTER SPRINGS POLICE DEPARTMENT I l CODE ENFORCEMENT DIVISION 1W 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 August 16, 2016 BOURGEOIS ANN C 635 MURPHY RD WINTER SPRINGS, FL 32708 Case* 2016CE002045 Service Address: 635 MURPHY RD WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION pprr---- SA o Z u "` w 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 - 00000251 OFC RICH MCLAREN 07/14/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016 - 00000251 WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained 2016 - 00000251 WS 13 -2(e) Stagnant Pool Pool must be treated and not appear stagnant 2016 - 00000251 WS 6 -195 Maintenance of Fence Fence along the property line must be maintained properly 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 9/18/2016 C.A. L.E.A and State of Florida Accredited Agency Municipal Code Code Text Winter Springs City Ordinance. 13- The existence of excessive accumulation or untended growth of weeds, undergrowth or 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 Ordinance. 13- (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to 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. Winter Springs City Ordinance -6- All fences and walls and accessories thereto shall be maintained in good order and in a 195 - Maintenance of Fences Or condition equal to that which was originally approved by the building official at the time a 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. Professionally, Co a Officer Rich McLaren Certified Mailing Numbers: 70140150000163362430 :3oviso➢j sni kJ 13CIVISOd s(1! JA o C) < n 'qt C) Lo 0 U. r4 OD ➢ � d3 d3 0 -a d 0 d ola ul )JI 0 "0 UJ'-- rg '16 if 7f z Bp o L) Z Ul ofj Er m r-ml ru ru -0 m m m m -0 rq M M =I C3 C3 vmmmmmlm� C3 C3 . .......... Ln ........... Ln C3 C3 um gar N Igo U 4. > ➢ fr I A tri ID IV sra 10 LO `4 C,j K Cl uj CC w W 71 U 4. > ➢ fr I A tri ID IV sra Ln (Domestic Mail Only, No Insurance Coverage Provided) Q' r-q For delivery Information visit our website at wwwx�vsxomo o_ as 'uw...A'- M Postage $ J ) r Certified Fee -J ' " Postts& O Return Receipt Fee Hy p (Endorsement Required) C3 Restricted Delivery Fee s I3 (Endorsement Required) Ln rzi Total Postage & Fees Is _ '^ E:3 C� Sent To „ Z U rl Street, Apt. No.; or PO Box No. - --- - ------------------------------ -- -- -- --- i( City Staie, ZiP +4 � i k � �� 1� f I Z 3'2-76t PO CASE #: 2016CE002045 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE S��NTER o S� � Z coo h,� 1a This is notification that the property located at 635 MURPHY RD WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance. The Code Inspector observed the following: Violation Description Violation Comments WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. BOURGEOIS ANN C 635 MURPHY RD WINTER SPRINGS, FL 32708 The City of Winter Springs remedied this violation on August 4, 2016 . The fees associated with the corrective actions are estimated at $ 70 per violation. If the invoice for such fees is not paid within fifteen (15) days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen (15) days of this notification date in writing to the code enforcement manager. The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 70140150000163362430, , , Municipal Code Code Text Winter Springs City Ordinance. 13- The existence of excessive accumulation or untended growth of weeds, undergrowth or 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. C.A.L.E.A and State of Florida Accredited Agency SIGNATURE OFC RICH MCLAREN C.A.L.E.A and State of Florida Accredited Agency '""`"R %% WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 July 14, 2016 BOURGEOIS ANN C 635 MURPHY RD WINTER SPRINGS, FL 32708 Case #: 2016CE002045 Service Address: 635 MURPHY RD WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION r�`N �eR PIP— � 2 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 - 00000251 OFC RICH MCLAREN 07/14/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016 - 00000251 WS 13 -2(c) Unsanitary / Overgrown Grass needs to be cut and maintained 2016 - 00000251 WS 13 -2(e) Stagnant Pool Pool must be treated and not appear stagnant 2016 - 00000251 WS 6 -195 Maintenance of Fence Fence along the property line must be maintained properly 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 08/17/2016 C.A.L.E.A and State of Florida Accredited Agency Municipal Code Code Text Winter Springs City Ordinance. 13- The existence of excessive accumulation or untended growth of weeds, undergrowth or 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 Ordinance. 13- (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to 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. Winter Springs City Ordinance -6- All fences and walls and accessories thereto shall be maintained in good order and in a 195 - Maintenance of Fences Or condition equal to that which was originally approved by the building official at the time a 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. Professionally, Code Officer Rich McLaren Certified Mailing Numbers: 70140150000163362430 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 7 OF 12 VOTE: CHAIRPERSON ROERO: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 503. Code Enforcement Division — Police Department CASE #2016CE001790 Norisha Quinones 250 North 3rd Street Winter Springs, Florida 32708 City Code 12 -53. - Abandonment Of Motor Vehicles Prohibited. City Code 13 -2.(b) Junk And Debris Inspector: Code Officer Rich McLaren This Case was not heard as noted during Agenda Changes. PUBLIC HEARINGS -NEW CASES 504. Code Enforcement Division — Police Department CASE #2016CE002045 Ann C. Bourgeois 635 Murphy Road Winter Springs, Florida 32708 City Code 6 -195. - Maintenance Of Fences Or Walls. City Code 13 -2.(c) Grass Height/Overgrown Yard City Code 13 -2.(e) Stagnant Pool Inspector: Code Officer Rich McLaren Code Officer Rich McLaren, Police Department, Code Enforcement Division introduced this Case and testified, "The Case was started on July 14th, 2016 for reported stagnant pool at this location. I observed the fence on all sides of the house in disrepair, grass was overgrown and the pool water was stagnant; house appeared to be vacant. Public Works was notified to remedy the stagnant pool water and City contracted landscaping service was notified to remedy the overgrown yard. On July 14th, 2016 the Notice of Code Violation was sent First Class Certified /Return Receipt requested and returned Unclaimed on August 17th, 2016. The property was then posted with Notice of Code Violation on that date. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 8 OF 12 No contact has been made with party associated with this property. City Hall and the property were posted reference to Code Board on September 20, 2016. On October 13tH, 2016, unknown subjects did enter the residence through the rear yard and caused damage to the interior of the residence and well as graffiti on the outside of residence. City Public Works has responded to the residence on multiple occasions to secure the fence as it has fallen down. Photographs were shown from "WS -1" with further remarks. Concluding, Code Officer McLaren stated, "I recommend the property be found in Violation of City Codes indicated and given until November 15th, 2016 to come into Compliance or a Fine of two hundred and fifty dollars ($250.00) per day be applied." Board Member Dennis Robinson commented on draining the stagnant pool. Senior Attorney Jennifer Nix addressed the City Code in relation to public nuisance Violations and noted, "The Code requirements if you were to be asked to give an Order to contract for the City to do something — there are certain requirements as to what's in that Notice and that's not what this is brought under." Senior Attorney Nix commented further on City Code requirements for Notices for Violations regarding public nuisances. On a related note, Vice - Chairperson Criswell asked for clarification regarding City Code requirements for Notices for Violations for public nuisances. Code Officer McLaren commented briefly on the Public Works Department's strategy for nuisance abatement. Senior Attorney Nix stated, "It would be a due process Violation for you all, I would think, given the Notice that you're looking at in the packet which does not meet the requirements if this were being brought before the Board for an Order to proactively do something aside from do a daily Fine." Vice - Chairperson Criswell referenced past Cases and made additional comments. Senior Attorney Nix read and discussed City Code, Sec. 13 -4. — Procedure for city enforcement of non - imminent hazards. Comments continued. Further related to this Case, Senior Attorney Nix stated, "When applying the Code provisions, you all have to decide whether that meets that - I don't know that the City Enforcement Staff is asking for an Order to go abate something or if they're just asking for a daily Fine." Code Officer McLaren stated, "At this point, it's been treated by Public Works and it'll be continuously treated by them for mosquitoes. I'm looking for a daily Fine to accrue for it." Much discussion followed on the stagnant pool, the surrounding fence, the safety precautions taken by the City, Code Enforcement procedures per the City Code, what constitutes a threat to public health, safety, and welfare, and Chapter 162 of the Florida Statutes.