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Home My WebLink About2017 03 28 Public Hearings 600 - Non-Compliance Case - Excelsior Parkway CODE ENFORCEMENT BOARD AGENDA ITEM Informational ITEM 600 Consent Public Hearings X Regular March 2017 Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. 4 S p. • u %5 !lour».4m 9 1 • '4900 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE003139 PETITIONER, vs. RESPONDENT PARCEL OWNER: HAMILTON RENAE L & GREGORY 220 OAK RD WINTER SPRINGS, FL 32708 NOTICE OF NON-COMPLIANCE HEARING Please take notice that at 5:30 P.M. on March 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: January 25, 2017. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation: PARCEL 34-20-30-533-0000-0050 WINTER SPRINGS, FL 32708 Property Owner Name: HAMILTON RENAE L&GREGORY Property Owner Address: 220 OAK RD WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 302.4 Weeds Maintain the lot per code for maximum grass/weed height. WS 13-2(b)Junk& Debris Remove all of the old concrete pipes and other debris from the property. If the Code Enforcement Board finds your property in violation of the above referenced City Code(s) you can be fined up to$100.00 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,.pehalf upon written request to the Code Board through the City Of Winter Springs Clerk's Office. In the event that you appeal the Ord r f the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own exp nAe, arrange for the official transcript of the testimony and evidence presented at the hearing. I certify a copy of this document was sen by Certified Mail on March 1, 2017, posted on the property, and at a government office as per Florida State Statute 162. Pr si ally. Certified Mail: 7014 0150 0001 6336 7886 Ca t. . eisler r N,pfttR 600,tiS WINTER SPRINGS POLICE DEPARTMENT 4,P,~ Tt-R q POLICE CODE ENFORCEMENT DIVISION ruiuior u 0 ma ''-�`� 300 North Moss Road -Winter Springs, FL 32708 ''4, e's� Business (407) 327-1000 - Fax (407) 327-6652 °°°"�' AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING PARCEL ID 34-20-30-533-0000-0050 WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE003139 Posted on the following date: arch 3, 2017 (Parcel) arch 13, 2017 (City Hall) j r / I The undersign:d swea j - • a firms that the property has been posted: I/ 4 , :. f/ SIGNATURE CHRIS DEISLER,CAPT "Y^ Valerie A.Riddick NOTARY PUBLIC ,',., ', STATE OF FLORIDA il d,'" ' ;, Commit FF901822 Expires 7/21/2019 - STAMP: NOTARY SIGNATURE �'T E/7 Jt%STER S 0� CITY OF WINTER SPRINGS, FLORIDA * t) 1126 EAST STATE ROAD 434 Incorporated WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407)327-1800 -or,W,_ FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE003139 A Florida municipal corporation, Complainant, V. Renae L. and Gregory Hamilton Owners of the Property located at: Excelsior Parkway Winter Springs,Florida 32708 Parcel: 34-20-30-533-0000-0050 Respondents, 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 January 24, 2017 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 Respondents were provided a Notice of Violation in accordance with Sections 2-60 and 2-61 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 of the City Code and Section(s) 302.4 Weeds. of the International Property Maintenance Code exist or existed upon the Property and that Respondents were further provided a reasonable time to correct said violation(s); CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE003139 JANUARY 24,2017 PAGE 2 OF 3 3. That Respondents either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; 4. That the Respondents were provided Notice of Hearing before the Code Enforcement Board, in accordance with Sections 2-60 and 2-61 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes and were not present at the hearing; 5. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: 13-2.(b) Junk and Debris of the City Code and Section(s) 302.4 Weeds. 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: 1. Respondent be given until February 28, 2017 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 DOLLARS ($100.00) 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 Respondents' property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE003139 JANUARY 24,2017 PAGE 3 OF 3 DONE AND ORDERED at Winter Springs, Florida, this!0 day of February, 2017, nunc pro tunc to January 24, 2017. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA k 9 1 }y' Matthew Criswel , Chairperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 3336 Renae L. and Gregory Hamilton, Respondents 220 Oak Road Winter Springs, Florida 32708, Case File#2016CE003931 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(o day of February, 2017. Antonia Della Donna, Board Secretary