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Home My WebLink About2017 07 25 Public Hearings 600 - Non Compliance Cases - 1319 Augusta National BoulevardCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2017CE000666 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: RODRIGUEZ ANGEL H & DORIS B 1319 AUGUSTA NATIONAL BLVD WINTER SPRINGS, FL 32708 CONTACT THREE: CONTACT FOUR: NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on July 25, 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: June 27, 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: 1319 AUGUSTA NATIONAL BLVD WINTER SPRINGS, FL 32708 Property Owner Name: RODRIGUEZ ANGEL H & DORIS B Property Owner Address: 1319 AUGUSTA NATIONAL BLVD WINTER SPRINGS, FL 32708 The cited violations are as follows: Winter Springs City Code 13-2(e) If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $150 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 7/10/2017 , posted on the property, and at a government office as per Florida State Statute 162. In accordance with Winter Springs City Code 13-4, The property owner is advised that an order will be sought from the Code Enforcement Board for the City to perform or contract work to repair or secure the subject property in order to bring the property into compliance with the cited code violations if the property owner fails to repair the property or comply with the code enforcement board's order.' Any costs and expenses incurred by the city for such works shall be lien on the property which may be enforced by law. Certified Number: 70140150000163367374 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Code 13- . It shall be the duty of the owner of each lot, tract, or parcel of land within 2(e) the city to 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. SIGNATURE RICH MCLAREN, OFC l;" 111.4" WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 1959 Business (407) 327-1000 - Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 1319 AUGUSTA NATIONAL BLVD WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2017CE000666 Posted on the following date: July 10, 2017 The undersigned swears and affirms that the property has been posted: - 'et3cl-Z — OTARY SIGNATURE SIGNATURE RICH MCLAREN, OFC j sly DATE "�`�yiv'o""�'. TERRY T. BAKER +°'`e`v: Notary Public - State ofJA Commission #r FF 94±aF` My Comm. Expires Jan 1 Bonded through National Not STAMP: WINTER SPRINGS POLICE DEPARTMENT I I 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 July 10, 2017 RODRIGUEZ ANGEL H & DORIS B , , , RICH MCLAREN, OFC, has re -inspected the property at 1319 AUGUSTA NATIONAL BLVD WINTER SPRINGS, FL 32708 on July 10, 2017. 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: June 27, 2017. The violations listed on the City of Winter Springs Code Board Order are as follows: Winter Springs City Code 13-2(e) SIGNATURE RICH MCLAREN, OFC SI M�REftFN0!TARY '� •. JO -17 DATE 1;1= ERRY 1. 8AntH ublic - State of Florida ission # FF 946417 . Expires Jan 10, 2020 rough National Notary Assn. Ica STAMP: DATE C.A.L.E.A and State of Florida Accredited Agency USPS.com® - USPS Tracking® Results Page 1 of 4 USPS Tracking® Results FAQs > (http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70140150000163367374 1� t Product & Tracking Information Postal Product: Features: Certified Mail"" DATE & TIME STATUS OF ITEM Remove X I Delivered See Available Actions LOCATION July 15,2017,12:21 pm Delivered, Left with WINTER Individual SPRINGS, FL 32708 Your item was delivered to an individual at the address at 12:21 pm on July 15, 2017 in WINTER SPRINGS, FL 32708. July 14, 2017, 10:23 pm Arrived at USPS Regional LAKE MARY FL Facility DISTRIBUTION CENTER July 13, 2017,11:17 pm Departed USPS Regional ORLANDO FL Facility DISTRIBUTION CENTER https://tools.usps.com/go/TrackConfirmAction?tLabels=70140150000163367374 7/19/2017 W F - 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 THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Doris B. Rodriguez Owner of the Property located at: 1319 Augusta National Boulevard Winter Springs, Florida 32708 Parcel ID: 07-21-31-5FN-0000-1980 Respondent, Case #2017CE000666 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 June 27, 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 Respondent was provided a Notice of Violation in accordance with Section 2-59, 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.(e) Stagnant Pool of the City Code exist or existed upon the Property and that Respondent was further provided a reasonable time to correct said violation(s). 3. That Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2017CE000666 JUNE 27, 2017 PAGE 2 OF 3 4. That the Respondent was provided Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes and was not present at the hearing. 5. That both the Notice of Violation and the Notice of Code Board Hearing provided to Respondent included references to Section 13-4 of the City Code, specifically providing language advising the Respondent that an order would be sought from the Code Enforcement Board for the City to perform or contract work to repair or secure the subject property in order to bring the property into compliance with the cited code violation if the property owner fails to repair the property or comply with the Code Enforcement Board's order, and, further, that any costs and expenses incurred by the City for such work shall be a lien on the property which may be enforcement by law. 6. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 13-2.(e) Stagnant Pool. 7. 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. Further, that the violation constitutes a serious threat to the health, safety, and public welfare. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until July 7, 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 FIFTY DOLLARS ($150.00) 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. Further, if Respondent fails to correct the violation by the date specified herein, the code inspector should be notified and appropriate action may be taken by the City consistent with the City Code or applicable law to bring the property into compliance. Respondent shall be responsible for costs incurred by the City of Winter Springs, consistent with Section 13-4 of the City Code, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Winter Springs or its designee to correct any violation(s) and bring the subject property into compliance. 4. 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 may 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 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2017CE000666 JUNE 27, 2017 PAGE 3 OF 3 Property and any other real or personal property owned by the Respondent; 5. 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. 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order, 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 U day of July, 2017, nunc pro tunc to June 27, 2017. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA att Criswell, Chairperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4647 Doris B. Rodriguez 1319 Augusta National Boulevard Winter Springs, Florida 32708 Case #2017CE000666 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) on this '�-() day of July, 2017. d Antonia Della Donna, Bo—ard"Stcretaly