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HomeMy WebLinkAbout2018 03 27 Public Hearings 400 - Repeat Cases - 867 Leopard TrailCODE ENFORCEMENT BOARD AGENDA ITEM 400 REQUEST: March Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. """� WINTER SPRINGS POLICE DEPARTMENT IV 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 867 LEOPARD TRL WINTER SPRINGS, FL 32708 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2018CE000340 Posted on the following date: March 8, 2018 C: The undersigned swears and affirms that the property has been posted: SIGNATURE RICH MCLAREN, OFC ��,,; "Hors'" t"TE }. N."I*-Sate d Flp _.:�'_ - Cantriesim N GG 159616 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2018CE000340 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: CHRISTOPHER KRYSTAL M 867 LEOPARD TRL WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING- Repeat Violator Hearing Please take notice that at 5:30 P.M. on March 27, 2018 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: 867 LEOPARD TRL WINTER SPRINGS, FL 32708 Property Owner Name: CHRISTOPHER KRYSTAL M Property Owner Address: 867 LEOPARD TRL WINTER SPRINGS, FL 32708 The cited violations are as follows: Winter Springs City Ord. 13-2 e In accordance with section 2-60 of the Winter Springs City Code, this property has been adjudicated of the violations charged on a Previous date within the past five (5) years therefore is being treated as a Repeat Offender and as such will be Presented to the Code Enforcement Board as such. Fines amounts double for repeat offenders and can go up to $500 per day that the property is not in compliance If the Corte Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $S X) 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 Sprigs Code 2-60 and Florida Stale 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 night 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 certi y a copy of this document was sent by Certified Mail on 318!2018 , posted on the property, and at a government office as per Flonda State Statute 162. Certified Number :70140150000163363574,70140150000163370008, , The text of the associated violations, as it appears in the Municipal Code, is stated below: It shall be the duty of the owner of each lot, tract, or parcel of land within 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. Professionally. Code Officer R. McLaren r a n a n n a a fi � E o �' a � o s 8 0 r �E n e a i � e LY � Q t � •'�°""`^ WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 Nath 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 VIOLATION 867 LEOPARD TRL WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2018CE000340 Posted on the following date: February 20, 2018 The undersigned swears and affirms that the property has been posted: SIGNATURE RICH MCLAREN, OFC 101ERR1 LYNN GUERRA No ary Public - SIN@ of FWO 9 NN Comm. ExpiresNor16.2616• FF 17856] 6glpprprdlyltlNloiul FldryAY1. STAMP: NOYTURE j DAVE WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 Business (407) 327-1000 - Fax (407) 327-6652 February 20, 2018 CHRISTOPHER KRYSTAL M 867 LEOPARD TRL WINTER SPRINGS, FL 32708 Case #: 2018CE000340 Service Address: 867 LEOPARD TRL WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION -Repeat Violator Case In accordance with section 2-60 of the Winter Sprinas City Code this property has been adjudicated of the violations charged on a previous date within the past five (5) years therefore is being treated as a Repeat Offender and as such will be presented to the Code Enforcement Board as such. Fines amounts double for repeat offenders and can go up to $500 per day that the property is not in compliance The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Dam 2018-00000041 Code Officer R. McLaren 2/202018 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2018-00000041 Winter Springs City Ordinance 13-2 a See below Failure to coined 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 cemecled. Corrective Action Comments Due Dam NCV Pool is stagnant in the rear yard and needs 02282018 to be treated. Municipal Code Code Text Winter Springs City Ordinance 13-2 e It shall be the duty of the owner of each lot, tract, or parcel of land within 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. Professionally, Code Officer R. McLaren Certified Mailing Numbers: 70140150000163363574 .t01NTER (L0 �� G CITY OF WINTER SPRINGS, FLORIDA CI t) 1126 EAST STATE ROAD 434 MHKYANNE MORSE, SEMINOLE COi1Di • Incorporated 9 WINTER SPRINGS, FLORIDA 32708-2799 + TELEPHONE: (407)327-1800 CLERK OF CIRCUIT COURT & COMPTROI ~��o wE��`vy� FACSIMILE: (407)327-4753 BK 08286 Pus 0549 - 550; (tags) WEBSITE:www.winterspringsfl.org CLERK' S # 20140746113 RECORDED 06/26/2014 01:30:07 PM CODE ENFORCEMENT BOARD RECORDING FEES 18.50 CITY OF WINTER SPRINGS,FLORIDA RECORDED BY H DeVare THE CITY OF WINTER SPRINGS, Case#14-0030118 A Florida municipal corporation, Complainant, v. Krystal Christopher 867 Leopard Trail Winter Springs,Florida 32708 Parcel Id: 12-21-30-5DA-0000-2960 Respondent, 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 April 22, 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 was 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 Sec(s). 13.2. Stagnant Pool exist(s) 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; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 13.2. Stagnant Pool; 5. 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. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 14-0030118 APRIL 22,2014 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until May 22,2014 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 immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00)per day until the violation(s) is/are corrected and full compliance is confirmed by the Code Enforcement Officer. 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 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. 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 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 24th day of April 2014. CODE ENFORCEMENT BOARD OF THE I(:0 .�' CITY OF WINTER SPRINGS,FLOR.P.4" �.• �„ 9 ;� :re) r 1 �' _ �. g Hugh Fished hairperson ° �,-)V - , , r Copies furnished to: CERTIFIED MAIL 7011 0110 000 1'©,731'1l / Krystal Christopher,Respondent 867 Leopard Trail Winter Springs,Florida 32708 City of Winter Springs,Case File#14-0030118 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 10P4 day of April, 2014. Sea• :eaudet,Board Secretary