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Home My WebLink About2017 06 27 Public Hearings 400 - Repeat Case - 31 North Cortez AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 400 REQUEST: June Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. Sy ItA TEp �C SA u u, �6OU WE 100 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2017CE001201 PETITIONER, vs. RESPONDENT PARCEL OWNER: LESAGE, RONALD G & FOLAN, COREY A 31 N CORTEZ AVE WINTER SPRINGS, FL 32708 NOTICE OF REPEAT VIOLATION HEARING Please take notice that at 5:30 P.M. on June 27, 2017 the Code Enforcement Board will hold a hearing to determine if the property described below is in repeat violation of the city code described below. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 31 N CORTEZ AVE WINTER SPRINGS, FL 32708 Property Owner Name: LESAGE RONALD G & FOLAN COREY A Property Owner Address: 31 N CORTEZ AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS City Ord. 13 -2 (b) Numerous articles of junk and debris stored on 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 $500.00 per day for each day the violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector, 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. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing. 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 5/19/2017, posted on the property, and at a government office as per Florida State Statute 162. The text of the associated violations, as it appears in the City Code, is stated below: WS City Ord. 13 -2 (b) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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. Certified Mail: 7014 0150 0001 6336 6612 C. Deisler s WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 'Q59 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF REPEAT VIOLATION HEARING 31 N CORTEZ AVE WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2017CE001201 Posted on the following date: The undersigned s ea d May 22, 2017 mns that the property has been posted: SIGNATURE CHRIS DEISLER, CAPT I y X 4 Z-- 6/ //' ARY SIGNATURE DAT STAM P: Vdarie A. RWdidc NOTARY PUBLIC STATE OF FLORIDA Ccffo # FF9018Z2 Expires 712112019 / `NTeR SA O U y Incorporated •� 1959 � • tiG00 WE'T1;J5 THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Ronald Lesage and Corey Folan 31 North Cortez Avenue Winter Springs, Florida 32708 Respondents, 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.winterspringsfi.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2014CE002002 ORDER IMPOSING PENALTY ON 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 October 28, 2014 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, the following Findings of Fact and Conclusions of Law 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 were 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 a violation of Section(s) 13 -2. Junk and Debris exist(s) or existed upon the Property and that Respondents were further provided a reasonable time to correct said violation(s); 3. That Respondents either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that Respondents were provided notice of hearing before the Code Enforcement Board and Respondent Ronald Lesage was present at the hearing; 4. That based on the testimony and evidence presented, Respondents have violated the City of Winter Springs City Code of Ordinances, to wit: Section(s) 13 -2. Junk and Debris; That such violations(s) were corrected at the time of the hearing. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 2014CE002002 OCTOBER 28, 2013 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent failed to correct the violation(s) within the reasonable time period required for compliance, the Code Enforcement Officer scheduled the compliance hearing before the Code Enforcement Board and Respondent was duly noticed and appeared and presented evidence as to the status of the violation(s) on the Property. The Code Enforcement Board found that the Property was corrected at the time of the Hearing, but had not been corrected within the required time period required for compliance, and a fine is immediately due in the total amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00). 2. If Respondent fails to pay the violation within thirty (30) days, 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; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. 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 III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 30`h day of October 2014. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA / I FJ, Hugh Fishe&lChairperson Copies furnished to: CERTIFIED MAIL 7014 0150 0001 4533 6695 Ronald Lesage and Corey Folan, Respondents 31 North Cortez Avenue Winter Springs, FL 32708 City of Winter Springs, Case File #2014CE002002 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this day of 92014. - Sean udet, Board Secretary