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HomeMy WebLinkAbout2019 02 26 Public Hearings 601 - Non-Compliance Cases - 315 Panama CircleCODE ENFORCEMENT BOARD AGENDA ITEM 601 REQUEST: February Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. WINTER SPRINGS POLICE DEPARTMENT 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 315 Panama Circle WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2018CE0001735 Posted on the following date: February 2, 2019 The undersigned swears and affirms that the property has been posted: SIGNATURE DEC RICH MCIAREN Sy wk iERpl LYNN 6UERRA emary F er< -erne of FlariEr da: cam an 6 cc 26)015 rn nn- nr comm. E.olrer Na. r6, 2022 rDancee rw- - .— _, .. _!f - ` }E6 0§ '� � !. ! \�k n" E3}\ = f EV ! !!|!\! | © !!! !| »§2 //:- btkma PETITIONER, vs. RESPONDENT PARCEL OWNER: Vimberly A France 315 Panama Road Winter Springs, Florida 32708 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2018CE001735 NOTICE OF NON-COMPLIANCE HEARING Please take notice that at 5:30 P.M. on February 26, 2018 the Code Enforcement Board will hold a hearing to determined the properly described below is still in violation after their order was issued on: September 25, 2018. The hearing will be held at the Winter Springs City Hall located at 1126 East Stale Road 434, Winter Springs, Florida. Address of Violation: 315 Panama RD WINTER SPRINGS. FL 32708 Property Owner Name: Kimberty A France Property Owner Address: 315 Panama Rd Winter Springs, Florida 32706 The cited violations are as follows: Winter Springs City Ords. 13-2(b) and 131 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 evem 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 Flonda State Statutes Chapter 162. You may appear in person or by an authorized representative. If you choose to not aftend the hearing you can lose your night to present tams in this case. You have the night to present evidence, exhibits, written and oral tesfimi 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 2112019, posted on the property, and at a government office as per Florida State Statute 162. Professionally, ode . R. Mdaren Certified Mail: 70180680000232290505 WINTER SPRINGS POLICE DEPARTMENT 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 315 PANAMA CIR WINTER SPRINGS.. FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS., FL 32708 City of Winter Springs Case Number 2018CE001735 Posted on the following date: September 5, 2018 C The undersigned swears and affirms that the property has been posted: SIGNATURE RICH MCLAREN, OFC pMGEgE NpLE»E NO�i P:H-51Aac�.Fl fin �� - CxrmnvmyGC'1596 55LT 622E 2000 0890 820E CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2018CE001735 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: FRANCE KIMBERLY A 315 PANAMA CIR WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on September 25, 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: 315 PANAMA CIR WINTER SPRINGS, FL 32708 Property Owner Name: FRANCEKIMBERLYA Property Owner Address: 315 PANAMA CIR WINTER SPRINGS. FL 32708 The cited violations are as follows: WS City Ordinance 12-53: 13-2 b; 13-1 If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to per day for each day the violation continues and you can be charged for the costs that are trimmed by the city in prosecuting the was. 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 cen lose your right to present fads 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 sem by Certified Mail on 91512018, posted on the property, and at a government office as per Florida State Statute 162. Certified Number: Sec. 13-1. - Cenral prohibition. SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION Nothing may be done on any lot which may become an annoyance or nuisance to the neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Section 112 b • (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. Secbon 12-53 No person in charge or in control of any properly, public or private within the city, whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public rightof--way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. U.S. PostaIPT l Service" —m7fFIED MAIL° RECE— • • 0. s9�w...,.. PdyesH p, and 3, Nso complete ■ Complete uems 1 eijVe^, is tlasired. 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PS Form WINTER SPRINGS POLICE DEPARTMENT 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 VIOLATION 315 PANAMA CIR WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2018CE001735 Posted on the following date: August 3, 2018 The undersigned swears and affirms that the property has been posted: SIGNATURE RICH MCWREN, OFC aROEeE RaETTe ST Haar waa-51aem Flow NOIKY Ptd aloa/z�_ ` m�b° •� E a >`Mv Camm.'egves Nw t}, �t NOA YSIGNATURE ��Eors WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327-1000 - Fax (407) 327-6852 August 2, 2018 FRANCE KIMBERLY A 315 PANAMA CIR WINTER SPRINGS, FL 32708 Case#: 2018CE001735 Service Address: 315 PANAMA CIR WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dales below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2018-00000150 Code Officer R. McLaren August 2, 2018 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2018-00000150 WS City Ordinance Failure to correct the violabon(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 none the latest date to have the cited violations corrected: GerraChve Action Comments Due Date NCV Property has two inoperable vehicles parked 08/082018 on property, both have to be repaired or removed from property. Front of residence has junk debris strewn around which must be cleared and maintained free of such. Municipal Code Code Text Winter Springs City Ordinance 131 Nothing may be done on any lot which may become an annoyance or nuisance to the neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles,unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same, a[ the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City Ordinance 132 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. Winter Springs City Ordinance 1253 No person in charge or in control of any property, public or private within the city, whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public right-of-way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. Professionally, Zbde Officer R. McLaren Certified Mailing Numbers: 70180880000232292257 Winter Springs Police Department CODE VIOLATION WARNING To: RESIDENT/PROPERTY OWNER /� ADDRESS: 31S {anit" Cir This courtesy notice is m make You aware that the following condition is a violation of the requirements of the Code of the City of Winter Springs. D OBSTRUCTION OF SIDEWALK/ RIGHT OF WAY: 17-1 ACCUMULATION OF TRASH AND DEBRIS: 112 Remove trash and debris from property. D BOAT/RWTRAILER STORED IN FRONT YARD: 20-411/2D431 Required to be stored behind from line of structure. D INTERNATIONAL PROPERTY MAINTENANCE CODE: Sae description of violation below. D COMMERCIAL USE OF RESIDENTIAL AREA: 20-434 Remove commercial vehicle or equipment. D FENCE IN NEED OF REPAIR: 6-195 over $100 require permit. /Repairs INOPER LICENSED VEHICLE: X2. ep�aa, store in garage or remove from property. /2-53 D OVERGROWN YARD: 13-2(c) Cm and maintain yard, remove yard waste. D PARKING VIOLATION: D Parking on the street is prohibited. 12.65 D Parking on front yam. Designated parking area. 20-438 D Left wheels to cum 12-65 D POOL: D Stagnant Pool. 112(9) COMMENTS: VQ)Ir nUA 4. I a -4! IN- jCMn.� rs C' fre'l- J H6114 1'�D-"jo el C�6�'' of WtN PLEASE CORRECT VIOLATION ON OR BEFORE: 'I 11LA4 D HOMEOWNER MUST NOTIFY OFFICER WHEN THE VIOLATION IS CORRECTED. If you have any questions on the proper remedy for this violation please contact the listed officer. (407)327.1800 En: 44 I OFFICER: MrLArW DATE: q?5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 2.5, 2018 REGULAR MEETING - PAGE 6 OF 10 PUBLIC HEARINGS -NEW CASES - "o 502. Code Enforcement Division — Police Department CASE #2018CE001735 Kimberly A. France 315 Panama Circle Winter Springs, Florida 32708 City Code: 13-2.(b) Junk and Debris City Code: 13-1. - General Prohibition. Inspector: Code Officer Rich McLaren After introducing the Case, Code Officer McLaren testified, "July 29, 2018,1 observed two (2) vehicles on property with damages making them inoperable therefore being deemed as derelict. Also excessive amounts of junk and debris items around the front of the property into the driveway area. A written warning was left at the residence due to these Violations. A re -inspection on August 3, 2018; the conditions persisted and a Notice of Code Violation was posted at property and mailed certified return receipt requested. A re -inspection on September 6, 2018; the conditions still were uncorrected. A Notice of Code Board was posted at the property and City Hall, as well as mailed out first class mail and certified return receipt requested. Contact was made with the resident on one (1) occasion reference to the Violations, and she stated she would work on them." Photographs shown from "WS -1" followed by comments. Finishing his testimony, Code Officer McLaren stated, I recommend the property be found in Violation of the City Ordinances cited and given until October 12, 2018 to come into Compliance, if not a fine of two hundred and fifty dollars ($250.00) a day be applied." Discussion followed on the vehicles. Ms. DeJesus inquired specifically which Violations staff was pursuing. Code Officer McLaren confirmed Sections 13-2.(b) Junk and Debris and 13-1 General Prohibition. of the City Code. Brief comments followed on license plates and car impoundment. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODEENFORCEMENTBOARD REGULAR MEETING - SEPTEMBER 25,2018 PAGE 7 OF 10 "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 12 TH [20181 WWI TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO CORRECT BY THIS DATE, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY VICE -CHAIRPERSON •i •i; roECONDED BY BOARD MEMBER POE. DISCUSSION. 111-7 VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE VICE -CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE #2018CE001304 Robert J. Long 238 Highlands Glen Circle Winter Springs, Florida 32708 IPMC: 304.2 Protective Treatment. IPMC: 304.9 Overhang Extensions. Code Officer McLaren introduced the Case and testified, "June 4, 2018, 1 received a complaint from a neighbor in reference to a screened in porch of her neighbors having rotting wood and being in disrepair. Upon inspection of the wood, I found the fascia of the overhang extension was decaying and needed to be repaired and/or replaced, Notice of Code Violation was mailed to the property owner and returned as 'unclaimed' on July 24, 2018 which was subsequently posted at the property. September 5, 2018, the condition still persisted, it was not corrected. The Notice of Code Board was posted at property and at City Hall, as well as mailed certified return receipt requested and first class mail. No contact has been made with the property owner at this time. Photographs shown from "WS -1" followed by comments. Continuing, Code Officer McLaren remarked, "I recommend property be found in Violation of City Ordinances as cited and be given until October 12, 2018 to. come into Compliance. If they fail to do so, a Fine of one hundred and fifty dollars ($150.00) per day would be applied."