The URL can be used to link to this page

Home My WebLink About2017 02 28 Public Hearings 601 - Non-Compliance Case - 150 Tarpon CircleCODE ENFORCEMENT BOARD AGENDA ITEM 601 REQUEST: February Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. w` "t`Q8 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 POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 150 TARPON CIR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002043 Posted on the following date: February 14, 2017 J��NTER o � z U y The undersigned swears and affirms that the property has been posted: SIGNATURE RICH MCLAREN, OFC � led- N a GNATURE DATE varler�e A. RkIdidc (VNOTARY PUBLIC STATE OF FLORIDA Cann* FF90iW E)Or9970/20119 STAMP: 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 NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD February 22, 2017 LEARY PATRICK R & KATHY , , , IN�NTEk Q SA a u m yc ron WE:.1p� RICH MCLAREN, OFC, has re- inspected the property at 150 TARPON CIR WINTER SPRINGS, FL 32708 on October 8, 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 September 27, 2016. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 302.9 Defacement of Property Shed /storage unit in the rear yard must not be covered with a tarp and be in r I sound safe condition. 2 __? )1? SIGNATURE DATE RICH MCLAREN, OFC 41 f \ ;r SIGNA URE OF NOTARY DATE C.A.L.E.A and State of Florida Accredited Agency STAMP: v.aWe A. Riddick NOTARY PUBLIC STATE OF FLORIDA Comm# FF901822 Expires 7121/2019 Q c .rr`Nyea o s� a z u v, CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE002043 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: LEARY PATRICK R & KATHY 150 TARPON CIR 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: September 27, 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: 150 TARPON CIR WINTER SPRINGS, FL 32708 Property Owner Name: LEARY PATRICK R & KATHY Property Owner Address: 150 TARPON CIR WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 302.7 Accessory Structures Shed /storage unit in the rear yard must not be covered with a tarp and be in sound safe condition. 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: IPMC.302 -7 — Accessory All accessory structures, including detached garages, fences and walls, shall be Structures maintained structurally sound and in good repair. SIGNATURE OFC RICH MCLAREN H_ z LU CO Ln m m C3 1:3 M M Ln r_1 M NQ-- C3 r, 10 10 e- r,I cle) Qt Q6 Ln 1, i9sivi-soci sn of OF i,, - a co In o �It JS4)d0'all�� ri r H_ z LU CO Ln m m C3 1:3 M M Ln r_1 M NQ-- C3 r, 10 10 e- r,I cle) Qt Q6 Ln 1, of ri T J S, (Ij Cf W. _J Xt -)to Z, U '7 0 n _J 1-4 yyrJ 0 - fA A Ch 04 M .9&P 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 POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 150 TARPON CIR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002043 Posted on the following date: December 27, 2016 �N`NTeR o U Q'I The undersigned swears and affirms that the property has been posted: '4o�� SIGNATURE OFC RICH MCLAREN ST � l NOTARY SIGNA D T '�•�ptN'r "'�.,,, TERRI LYNN GUERRA Notary Public • State of Flor MY comm. Expires Nov 16, 2 '1i8ii.•`' Commission # FF 1765s3 80r * fh oum National Notary A. Ni�y CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE002043 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: LEARY PATRICK R & KATHY 150 TARPON CIR WINTER SPRINGS, FL 32708 CONTACT THREE: 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: September 27, 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: 150 TARPON CIR WINTER SPRINGS, FL 32708 Property Owner Name: LEARY PATRICK R & KATHY Property Owner Address: 150 TARPON CIR WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 302.7 Accessory Structures Shed /storage unit in the rear yard must not be covered with a tarp and be in sound safe condition. 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: 70140150000163362423 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.302 -9 — Accessory All accessory structures, including detached garages, fences and walls, shall be Structures maintained structurally sound and in good repair. SIGNATURE OFC RICH MCLAREN 39VISOdsn' OD tY loodoaux IL I m Er cr -0 m Q 0 C3 M M Lr) 1-9 C-3 -I- A (7=61 d nl IN 0 1-4 A gEU ILI UJ W 2' --1 tri ') 7�'j Irl u ro tit -A 1-4 X 1-4 M _(Domestic Mall Only; No Insurance Coverage Provided) Ir Er For delivery Information visit our website at www.usps.come M M Postage $ .� 1 rq Certified Fee M Return Receipt Fee (Endorsement Required) Postmark . H6re O M Restricted Delivery Fee (Endorsement Required) ., u1 Q Total Postage & Fees CP 20 -I- .3 Sent To ------ - - - - -- `��,(c------ - - - - -- - -- ``'�- - - -- - - - -- Vie"-- �J----- - - - - -- p [� Street, or PO Box No. S f. r City, State, ZIP +4 r,- 32708' WINTER SPRINGS POLICE DEPARTMENT I I CODE ENFORCEMENT DIVISION m�1959 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 150 TARPON CIR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002043 Posted on the following date: September 6, 2016 The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN w n (� n U / iUj R ARY SI A URE DATE ........... TERRI LYNN GUERRA Notary Public - State of Florida • •_ My Comm. Expires Nov 16.201! Commission N FF 176553 Bonded through National Notary Assn STAMP: III 4 r O S� > Z h * � U � con WF iw•�. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE002043 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: LEARY PATRICK R & KATHY 150 TARPON CIR WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on September 27, 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: 150 TARPON CIR WINTER SPRINGS, FL 32708 Property Owner Name: LEARY PATRICK R & KATHY Property Owner Address: 150 TARPON CIR WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 302.7 Accessory Structures Shed /storage unit in the rear yard must not be covered with a tarp and be in sound safe condition. 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 9/6/2016, posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000163369934 The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC. -302 -7 — Accessory All accessory structures, including detached garages, fences, and walls, shall be maintained Structures structurally sound and in good repair. C Officer Rich McLaren • Complete items 1, 2, and 3. Also complete A. Sigpoture item 4 if Restricted Delivery is desired. ❑ Agent X • Print your name and address on the reverse ❑ Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, B. R 6ceived by (Printed Name) 1 ?y . k y` C. Da of D 'very l / t/ or on the front if space permits. 1. Article Addressed to: D. Is d iveiyk prom item 1? ❑ Yes If YES„ delivery a `below: ❑ No k ? L c 1 �So arp y� c iY W i S n�I �t 321 aS( 0 ti � 3, Service Typ •��t , ❑ Certified Mail® O Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured! Mail ❑ Collect on Delivery Iry 4. Restricted. Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 014 0150 11001 6 3 3 6 2423 (transfer from service iabeo PS Form 3811, July 2013 Domestic Return Receipt 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 LEARY PATRICK R & KATHY 150 TARPON CIR WINTER SPRINGS, FL 32708 Case #: 2016CE002043 Service Address: 150 TARPON CIR WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION N� TTCy F sA z ti ��IJ wC1RV� 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 - 00000252 OFC RICH MCLAREN 07/14/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016- 00000252 IPMC 302.7 Accessory Structures Shed /storage unit in the rear yard must not be covered with a tarp and be in sound safe condition. 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 08/24/2016 Municipal Code Code Text IPMC. -302 -7 — Accessory All accessory structures, including detached garages, fences and walls, shall be Structures maintained structurally sound and in good repair. C.A.L.E.A and State of Florida Accredited Agency Professionally, Ag�z Code Officer Rich McLaren Certified Mailing Numbers: 70140150000163362423 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 27, 2016 PAGE 16 OF 19 PUBLIC HEARINGS - NEW CASES 506. Code Enforcement Division — Police Department CASE #2016CE002043 Patrick R. And Kathy Leary 150 Tarpon Circle Winter Springs, Florida 32708 IPMC 302.7 Accessory Structures. Inspector: Code Officer Rich McLaren Code Officer McLaren introduced the next Case and began testimony, "I received a complaint from a neighbor in reference to a shed in the rear yard of this property that appears in disrepair and partially covered by a tarp. Upon investigation, found a shed that is viewable from the adjoining property and roadway that has a blue tarp partially covering it. A Notice of Code Violation was sent Certified /Return Receipt on July 14th, 2016 and signed for on July 16th, 2016. The property and City Hall were posted reference to the Code Board Hearing on September 6th, 2016. There has been no contact with owner /resident to this date. The house is currently listed for sale by the owner." Photographs were shown from "WS -1" with additional comments. In conclusion, Code Officer McLaren stated, "And I recommend the owner have until October 7th, 2016 to come into Compliance or receive a fifty dollar ($50.00) a day fine." Chairperson Roero asked, "So, what exactly — you want the tarp off and possibly fix the shed to some degree so the tarp would not have to be on ?" Code Officer McLaren stated, "Yes, Sir." Discussion followed on Permits, the Violation on the Notice, and the recommended time frame to correct the Violation. Vice - Chairperson Criswell noted, "I think — the [October] 21St is another two (2) weeks, that is four (4) weeks, so I think that that is fair enough." Note: The Respondent was not present. "I MOVE THAT THE — THE RESPONDENTS, PATRICK R. AND KATHY LEARY, IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL OCTOBER 211T TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION.