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HomeMy WebLinkAbout2018 07 24 Public Hearings 600 - Non-Compliance Cases - 110 North Devon AvenueCODE 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: 2018CE000072 PETITIONER, vs. RESPONDENT PARCEL OWNER: IRMA RODRIGUEZ 110 N DEVON AVE WINTER SPRINGS, FL 32708 NOTICE OF NON-COMPLIANCE HEARING Please take notice that at 5:30 P.M. on July 24, 2018 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: May 22, 2018. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 110 N DEVON AVE WINTER SPRINGS, FL 32708 Property Owner Name: IRMA RODRIGUEZ Property Owner Address: 110 N DEVON AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: Winter Springs City Ords. 13-2(b) & (c) If the Code Enforcement Board finds your property in violation of the above referenced City Code you can be fined up to $250.00 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 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 6/22/18, posted on the property, and at a government office as per Florida State Statute 162. Professionally, Capt. u. ueisier Certified Mail: 7014 0150 0001 6336 2584 SZSENDER: COMPLETE THIS SECTION i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. o x ■ Print your name and address on the reverse a h hd A. sot at we can return t e car to you. ..� 2 g ceived by (PriAWd Name) C. D2tut ■ Attach this card to the back of the m e f or on the front if space permits. �� `�� •x'�� N D. Is clepw).�addrgss different from item 1? ❑ } i ie ai non y ai o �� �� . h ticcle Ad�dressed to. 11.�(n � If Y, r delivery address below; ❑ C r» ni N jut4 0 -� � A. sot at we can return t e car to you. ..� 2 g ceived by (PriAWd Name) C. D2tut ■ Attach this card to the back of the m e f or on the front if space permits. �� `�� •x'�� N D. Is clepw).�addrgss different from item 1? ❑ } i ie ai non y ai o �� �� . h ticcle Ad�dressed to. 11.�(n � If Y, r delivery address below; ❑ ;' f�i i (V+/ i v O ni N jut4 0 -� wA�-TN<L W&I tr US V 3. S ype C- 'f' d M 'I® ❑ t M 'I E /� " ` �N ��[ o e Registered 917 Return Receipt for Mei LL o d a ii ii LL .� p L1 Insured Mail 11 Collect on Delivery a �o 0 ,o o ¢ 0 m i 4. Restricted Delivery? (Extra Fee) 11 } E �N �s E °' -= o -a — 2 ; 2. Article Number .� 7014 0150 0001 6336 2584 _ (transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt h952 9EE9 2000 OSTO hrl0 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.winterspringsfLorg CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, Irma Rodriguez Owner of the Property located at: 110 North Devon Avenue Winter Springs, Florida 32708 Parcel: 34-20-30-507-2000-0120 Respondent, Case#2018CE000072 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (FIRST VIOLATION) THIS CAUSE having come on for consideration, atter being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on May 22, 2018 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: L 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) City Code: 13-2.(b) Junk And Debris 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 #201 SCE000072 MAY 22.2018 PAGE 2 OF 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 based on the testimony and evidence presented, Respondent has violated the City Code, to wit: City Code: 13-2.(b) Junk And Debris. 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 June 26, 2018 to correct the violation(s) of the City Code on the Property. 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 beginning on June 26, 2018 and continuing to accrue daily until the violations) 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 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 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 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 #2018CF000072 MAY 22, 20I 8 PAGE 3 OF 3 DONE AND ORDERED at Winter Springs, Florida, this Lk day of ,June , 2018, nune pro tune to May 22, 2018. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA att Criswell, Chairperson Copies furnished to: CERTIFIED MAIL 7017 2400 0000 4978 0443 Irma Rodriguez, Respondent 110 North Devon Avenue Winter Springs, Florida 32708, Case File #2018CE000072 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 on this 1y day of JI, e , 2018. Lary LAnt,n,a/D,Je,u,, B azd ecretary