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HomeMy WebLinkAbout2019 06 25 Code Enforcement Board Regular Meeting Agenda CODE ENFORCEMENT BOARD | REGULAR MEETING | TUESDAY, JUNE 25, 2019 | PAGE 1 OF 3 CODE ENFORCEMENT BOARD REGULAR MEETING AGENDA TUESDAY, JUNE 25, 2019 AT 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER Roll Call Invocation Pledge Of Allegiance Approval Of The Agenda REGULAR AGENDA – PART I 700. Election For Vice-Chairperson For The Remainder Of Calendar Year 2019 AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200. Unapproved Minutes from the May 28, 2019 Regular Meeting Attachments: Minutes PUBLIC HEARINGS – CONTINUED CASES 300. Not Used PUBLIC HEARINGS – REPEAT CASES 400. Not Used CODE ENFORCEMENT BOARD | REGULAR MEETING | TUESDAY, JUNE 25, 2019 | PAGE 2 OF 3 PUBLIC HEARINGS – NEW CASES 500. CASE #2019CE000518Roberta And Ronald Carson 70 Sable Court Winter Springs, Florida 32708 City Code: 13-2.(c) Overgrown Yard City Code: 6-195. - Maintenance Of Fences Or Walls. Inspector: Code Officer Rich McLaren Attachments: Related Case Information 501. CASE #2019CE000808 Patrick Byrne And Rachael Harrington 102 South Moss Road Winter Springs, Florida 32708 City Code: 13-2.(a) Littering In The Right-Of-Way/Property City Code: 13-2.(b) Junk And Debris Inspector: Code Officer Rich McLaren Attachments: Related Case Information PUBLIC HEARINGS – NON-COMPLIANCE CASES 600.CASE #2019CE000977 Kimberly A. France 315 Panama CircleWinter Springs, Florida 32708 City Code: 6-87. - Temporary Storage Structures. (Permit Required) Inspector: Captain Matt Tracht Attachments: Related Case Information REGULAR AGENDA – PART II 701.Not Used CODE ENFORCEMENT BOARD | REGULAR MEETING | TUESDAY, JUNE 25, 2019 | PAGE 3 OF 3 ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. “If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based” - per Section 286.0105 Florida Statutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 28, 2019 CALL TO ORDER The Regular Meeting of Tuesday, May 28, 2019 of the Code Enforcement Board was called to Order by Chairperson Matthew Criswell at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Matthew Criswell, present Vice-Chairperson Greg Roero, present Board Member Michael Burns, present Board Member Carole Giltz, absent [Excused] Board Member Maurice Kaprow, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present, Assistant to the City Clerk Antonia DeJesus, present Chairperson Criswell excused Board Member Carole Giltz’s absence. A moment of silence was held followed by the Pledge of Allegiance. No changes were made to the Agenda. Assistant to the City Clerk Antonia DeJesus swore in those who would be providing Testimony during tonight’s Meeting. AWARDS AND PRESENTATIONS 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 28, 2019 PAGE 2 OF 5 CONSENT AGENDA CONSENT 200. Unapproved Minutes from the February 26, 2019 Regular Meeting “MOVE TO ACCEPT THE MINUTES AS PUBLISHED.” MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA – CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA – REPEAT CASES 400. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 28, 2019 PAGE 3 OF 5 PUBLIC HEARINGS AGENDA – NEW CASES PUBLIC HEARINGS – NEW CASES 500. Code Enforcement Division – Police Department CASE #2018CE002545 Randy A. Marvin 209 North Alderwood Street Winter Springs, Florida 32708 IPMC: 304.7 Roofs And Drainage. Inspector: Code Officer Rich McLaren Captain Matthew Tracht, Code Enforcement Bureau, Police Department, introduced the Case and then testified, “On April 10, 2019, on patrol, I noticed that there was a POD (Portable On Demand Storage) on the front yard of this house. A POD is a specific brand, but this brand was Container on Wheels.” Continuing, Captain Tracht stated, “Conducted a record check through our permitting software which revealed no permit on file which was then double checked with permitting [staff].” Captain Tracht referenced the City Code section citing the Violation. Photographs were shown from “WS-1” with further comments. Continuing, Captain Tracht stated, “As a result, I mailed Certified/Returned Receipt a Notice of Code Violation; outlined in the Violation gave a corrective date of April 24, 2019. Everything was tracked through the United States Postal Service; it went out for delivery on the 19th – it came back, no authorized recipient was available. On April 16, it was still on scene; May 3, it was still on scene; May 6, still on scene – still no permit obtained. On May 6, I posted on property and via Certified Mail a Notice of the Code Board Hearing that we were going to have today. That letter went out for delivery on May 10 and still was not accepted at the postal service. With that being said, I recommend that they are afforded until June 7 – ten (10) days from now to obtain proper permit which is thirty dollars ($30.00), pay the permit Fine of an additional thirty dollars ($30.00) – which is double the Fee.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 28, 2019 PAGE 4 OF 5 Captain Tracht mentioned if the Respondent remained in Violation, they would be brought back for a Non-Compliance Hearing. A photograph was shown of the Violation as of that morning. Discussion followed on the permitting process, noticing procedures, and issuing a Finding of Fact. Board Member Michael Burns inquired how long a storage container was allowed to be on a property. Captain Tracht confirmed seventy-two (72) hours with a permit was permissible. Comments followed on permits and the Fine. Note: The Respondent was not present. VICE-CHAIRPERSON ROERO BEGAN, “I MOVE TO FIND THE [RESPONDENT] IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL…” BOARD MEMBER KAPROW ADDED, “…JUNE 7…” VICE-CHAIRPERSON ROERO CONTINUED, “…JUNE 7 TO CORRECT THE VIOLATION. IN THE EVENT THE [RESPONDENT] FAILS TO COMPLY BY THE DATE A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY VICE- CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER BURNS: AYE MOTION CARRIED. Further discussion followed on storage containers and the allowable time frame and specific location that the containers could be present on a property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 28, 2019 PAGE 5 OF 5 Vice-Chairperson Greg Roero indicated that he was resigning from the Board and noted, “It’s been a real honor to serve on this Board and be a concerned citizen.” Vice-Chairperson Roero went on to express his sincere gratitude to his fellow Board Members, Senior City Attorney Jennifer Nix, and staff. Chairperson Criswell thanked Vice-Chairperson Roero for his service followed by comments of appreciation from other Board Members. PUBLIC HEARINGS AGENDA – NON-COMPLIANCE CASES 600. Not Used REGULAR AGENDA 700. Not Used ADJOURNMENT Chairperson Criswell adjourned the Regular Meeting at 5:46 p.m. RESPECTFULLY SUBMITTED: _______________________________ ANTONIA DEJESUS ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ______________________, 2019 Code Enforcement Board Regular Meeting. I .. I I CODE ENFORCEMENT BOARD AGENDA Informational ITEM500 Consent Public Hearings Regular June Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. X ~ • 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 70 Sable Ct WINTER SPRINGS, FL 32708 AND 1126 ESTATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2019CE000518 Posted on the following date: May 17, 2019 The undersigned swears and affirms that the property has been posted: OFC RICH MCLAREN ... -,,.,_1 •i;-.... MELISSA L YOST ff. · . ~\ Not4ry Publ.ic • State of Fiorica ' i f Commission ;i GG 28◄8 I 3 ····-.f!f; .. f:.~-' My Comm. Expires Dec 17, 2022 Bonded throuyi National Notary Arn:. DATE <\., , ... , W llilllll!lllllllllllllllll!IIII ~ 7018 1830 0001 0779 2288 I ~JL.~ri11r..,o r-:i. ~~'S 2-9• fr'/i~,''f "11~:;J /PM 5, ti. -· 932s0ee03ssss159 ~IJkD.IJ. } Rol>wh- 7 o S'"'~u er c~rw IN ,·11M S Pn\v , It 31') o', N.l: 'XIE I ,33·9 Ct;_ 'l. 02•B6/,G9il.9, 111 } ._ .-~ o· _.'~sf~~'~·a·T<t SA~N~~-~t.--· E o N..,,, l:.t~.V,t:;:I(.,., t.i;;.::, ~"''-'"-•t::::,~ . . '"Ci·N·ASl~'.! ·r.o ·.=--0,u,..Ai;: O· -. "'· 'II..,-~" r --- • ,;:;.,i ll'tA" ··,:-,'jj:<,IC II~ t :Q . '.~ >•N 'S &"68 L -2.> d 9 s I) 9 q £,,1if9 9 ,Q ,11;~,_l'iJ1· 11, ,~rr"l'~i "· i'llr1 ,jf/ r1,·;1~·, ;I' ,11,'/', 1111, l{,'n '11; i'f/1; I 32709-41177 ' . •." ./ .,_. ' ' ... "' ' ' "' .. ,. 1 -,'/ I I :'I nra:mJ ■ ' .. ~\. :o~.u,p,.f,J1J:;tO -f:L ;:G"i~I WINTER SPRINGS POLICE DEPARTMENT ;?Qt (11(1,t-lY '11.:.~ ~ 045J830o0325 .. 0 300 North Moss Road • Winter Springs, FL 32701! Business (407) 327-1000 • Fax (407) 327-6652 1f:M '"'t ii. ~ $0. 55Q Ill [rl: C: OSt 18/2019 -Malled From32108 RlMP-t"-I t0 ~J,, Ca.11~ 7 o S,;.~\t ct WII\~ Sfn,1 ,~ l ~1,1o~ lu.xr:: 32708-41177 3:.3,s> DE 1 '~f.:!"lJR,~ T;O S:E'N·OER J t-1 CL'..". i;L i.i'Cli ··l1;,1U'A1<'11't-'"' 1·,·,, ·t:;O.ti,; ·wJ.,;.;,, r, ... , ... , .. 9, 0Jl,_6~/,'0 8 :/ 1: 9 :!!: ., w <!l ~ C/l 0 Q. (I] :::i , .. .,. CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT PARCEL OWNER: Ronald and Roberta Carson 70 Sable Ct Winter Springs, Florida 32708 @ CITY OF W INTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2019CE000518 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 25, 2019 the Code Enforcement Board will hold a hearing lo determine why you should not be found in violation of the City Code as follows. The hearing will be held al the Winter Springs City Hall localed at 1126 East State Road 434, Winter Springs, Florida. Address of Violalion: 70 Sable Ct WINTER SPRINGS, FL 32708 Property Owner Name: Ronald and Roberta Carson Property Owner Address: 70 Sable Cl W INTER SPRINGS, FL 32708 The cited violations are as follows: Winier Springs City Ords. 13-2(c) & 6-195 If lhe Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00 per day for each day the violation continues and you can be charged for the costs that are incurred by the city in prosecuting lhe case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Florida State Statute Section 162.09. The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Florida State Statutes Chapter 162. You may appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in this case. You have the right lo present evidence, exhibits, written and oral testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City of Winter Springs Clerk's Office. In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of lhe testimony and evidence presented at the hearing. I certify a copy of this document was senl by Certified Mail on 5/28/2019, posted on the property, and at a government office as per Florida State Statute 162. Professionally, ~--, Code Officer R. McLaren Certified Mail: 70181830000107792288 ' - Ill llllll llllllllll llll!III! I 7018 1830 0001 0779 0109 IT - ..:it 'J.l~··11Ar, l:L'.'.':t~l .J,fi. JfJEBi ''.US, P1li :.:$J. RU)t.{J /~.kl-J., ~ ,5,-,> 10 S""'~\t er ~;"Jv Spn~1, fi ..... ,., " NI XI·Ec 3'3,9 CE ·11. R,!{ Tlt8,t11 r.o s:~ Noe R 0 2 0-3 / 1:01/ 1•9 • · ill N f!,L; A ·I ME O , ·, UN~~le -~o FOR~AR~ UNc M.ANLl!AL ,PROc R.go '~'-'0374-·0014a·=-2'i;-39 32~i:i, ii~ :,, I I/ I! I 1)1 ,, f' op II'•,;,., ii' I, I .. ,, •Ill, •,11/J J.J, 1;;·, ,., ,, , , ., ,.;,,, t• .. '\ f h l/ • I • l ' • ,iii 4., ,. .. ~ • February 20, 2019 Ronald and Roberta Carson 70 Sable Ct Winter Springs, Florida 32708 Case#: 2019CE000518 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 Business (407) 327-1000 -Fax (407) 327-6652 @ Service Address: 70 Sable Ct WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violation: Inspector Code Officer R. Mclaren Violation Description WS City Ord. 13-2(c) Overgrown Yard WS City Ord. 6-195 Maintenance of Fence/\t\lall Date February 20, 2019 Comments/Corrections Needed Vegetation in the rear yard has become overgrown, needs to be Cut. Any dead vegetation and/or tree or tree debris must be Removed. Fence in the rear yard is in disrepair must be repaired or Replaced. Failure lo correct the violation(s) and to notify the Winier Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winier 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 date to have the cited violations corrected: Corrective Action Comments Due Date I Notice of Code Violation I See specific correction comments provided. I 03/31/2019 Municipal Code Code Text WS City Ord. 13-2(c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or material tending by its existence and/or accumulation to endanger or adversely affect of health, safety, lives, and/or welfare of the citizens of the city, is hereby prohibited and declared lo be a public nuisance and unlawful. WS City Ord. 6-195 All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a pennit was issued. If for any reason the fence or wall was erected w ithout a permit, said wall or fence shall be maintained in accordance w ith the conditions and requirements necessary for obtaining a fence or wall pennit from the building official under this article. Within thirty (30) days receipt of written ;??' property owner shall bring such fence or wall in compliance wi1h this section within thirty (30) days of receipt of such notice. The thirty-day period may be extended an additional thirty-day eriod b the cit mana er or the cit man er's desi ee for ood cause shown. Code Officer R. McLaren Certified Mailing Number: 70181830000107790109 CODE TEM501 Jue R gular e ting REQ T: ORC GE TBOARD Informational . earing Regular ~ • 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 102 S Moss Rd WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2019CE000808 Posted on the following date: May 17, 2019 The undersigned swears and affirms that the property has been posted: ~URE OFC RICH MCLAREN .•~,t,• •ii.;\ ,m ISS.t. l VOST . /~~\ Not•r/ Public · StatP of Floncla ST ~•f commi~sion .:1 GG 284813 ·-:'tor r,._'<t---' ~y comm. Expires Dec 17, 2022 ······ · 'g011 ed thrO\lqh H.itional Notary A~sn. " ■ Complete Items 1: 2, and 3. ■ Print your name and address on the 1'8Vel'$e so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: R((ci. ~, In Hrt~ J P~t/C S fnarr £A {½ti..1. wr,n.. 3'Z1ai GB for lllllllll llll lllllll 11111111111111 111111111111 9590 9402 4327 8190 6511 32 3.Servioe· 'fype 0 Adult Slgna1ure □ Adult Signature Rntr1cted ~ 0 Certlffed MaJIIBI --~ ----□ P!for1ty Mell Exp.--cl □ Reglsttf9CI Mall™ □ Registered Mall Reatrfoted OtUvtty □ Certlfl(ld MIiii Restrfottd Dellvery -;;-:-::;-.:-7.:---::-:-:--=::-:-:;--;:-----:----:--,----:;-----ll O OofJect on Oollve,y I 2. Artlcle Number {lhinsfer from service laben □ Collect on Dellvory Reet11ctwe1 Oellvory O Retum R-pt ror Mtrellendlse □ Signature Confirmation"' □ Signature Confirmation Restrfcted Del~ l_.., 7018 18 3 0 0001 0779 2 ~b ;, • .wvui lealrlctedDellvely j PS Form 381 {" July 2015 Psr:i 7530-02-000-9053' .. - Domestic Return Receipt t' .. ., . .. ,. CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT PARCEL OWNER: Rachael Harrington and Patrick Byrne 102 S Moss Rd Winter Springs, Florida 32708 @ CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2019CE000808 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 25, 2019 lhe 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: 102 S Moss Rd WINTER SPRINGS, FL 32708 Property Owner Name: Rachael Harrington and Patrick Bryne Property Owner Address: 102 S Moss Rd, Winter Springs, Florida 32708 The cited violations are as follows: Winter Springs City Ords 13-2 a and b If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) 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 5/28/2019, posted on the property, and at a government office as per Florida State Statute 162. Code Officer R. McLaren Certified Mail: 70181830000107792264 ;. ... ~" SENDER: COMPtErE THIS SEC TIO COl\'1PLfff 1HIS SECTION ON O[LI\/EnY ■ Complete lteme ~~ and 3. ■ Print your nam~ :~ddress on the reverse so that wo can ~nf)he card to you. ■ Attach this card to the back of the mallpleoe, □ Agent □ AddreslM C. Date of Delivery or on the front If space permits. 1 1. ArllcteAddl98Nd to: JI o. tsdellvery~~ .. , tfrom Item 1? □ Yes IJ If YES, en~dej)ll,iq ~ below. 0 No n~k c.~I H"mlirl,) - ~,;,,-~ gi)l.t l11t s IYl•~ M flW 808" ~ I i J7><JYJ lllllllll llll lllllll 11111111111111111111111111 9590 9402 4327 8190 6504 01 3. 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Please note the most recent date for the following violation: Inspector Date Code Officer R. McLaren March 27, 2019 Violation Description Comments/Corrections Needed WS City Ord. 13-2 b Junk and Debris Front of property is being utilized for outside storage of items, All items must be removed from the front of the residence Including plywood pieces being utilized as cover for items Behind it. Front of the residence must be free and clear of All items and they are to be properly stored out of sight. WS City Ord. 13-2 a Littering on ROW/Property Failure to correct the violation(s) and lo 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 date to have the cited violations corrected: Corrective Action Comments Due Date I Notice of Code Violation I See specific correction comments provided. I 04/20/2019 Municipal Code Code Text WS City Ord. 13-2 a It shall be unlawful for any person to place or throw, or cause to be placed or throvm, any paper, bottles or pieces thereof, tin cans, garbage, glassware, refuse, debris or any other offensive, unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley, playground, vacant property or any other public grounds, or in or on the bank of any canal, stream, lake, watercourse or pool w i thin the city. WS City Ord. 13-2 b It shall be unlawful for any person to cause or permit j unk, 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 w ith a business enterprise la\\f ully situated and licensed for the same. Certified Mailing Number: 70181830000107785280 CODE ENFORCEMENT BOARD AGENDA Informational ITEM600 Consent Public Hearings Regular June Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. X ~ • April 10, 2019 KIMBERLY FRANCE 315 PANAMA CIR WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 Business (407) 327-1000 -Fax (407) 327-6652 @ . .. . WINTER SPRINGS, FLORIDA 32708 Case#: 2019CE000977 Service Address: 315 PANAMA CIR. WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATIONS The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspector Date Captain Matthew Tracht April 10, 2019 Violation Description Comments/Corrections Needed WS City Ord.6-87 Temporary Storage structures This requires a city permit for a POD to be obtained. Maximum allowed time on property is 72 hours. Resident shall comply with 6-87 of city ordinance. More information can be found at: http://www.wintersprinqsfl.org Failure to correct 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 date to have the cited violations corrected: Corrective Action Notice of Code Violation Municipal Code WS City Ord. 6-87 Comments Obtain and comply with permit and ordinance. Code Text Sec. 6-87. -Temporary storage structures. Due Date April 24, 2019 (a) Definition: For purposes of this section, "temporary storage structure" shall mean a structure designed and used primarily for storage of building materials, household goods, and other such material; and that is not intended for pennanent installation. (b) A supplier ofa temporary storage structure shall obtain a pennit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The pem1it shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Penn its shall also be limited to a maximum of two (2) per any twelve- month period for any specific address. A pennit fee shall be required by resolution of the city commission and collected by the city. The pem1it shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and State of Florida Accredited Agency -.J □ t:-J Q:I □ er Q:I D 1111• m □ D □ ru ru I Q:I m11 .JJ ....a IT' Iii w LU Er I _, JI,.,,. 11111 Complete Items 1, 2, and a. !Illa Print your name and address on the reverse so that we can return the card to you. llilil! Attach this card to the back of the mailpfece, or on the front if space permits. 1. Article Addressed to: Fri - _,. /:) -/] 1 //-;'Y1 lT t. I, I '- /.J; r1 k IL Sf /l I ri j), r'l--_7 3-z,, t i/C::. 1111111111111 !II I Ill Ill l I II llll ll II I II I I II I Ill 9590 9402 4327 8190 6524 36 A. Signature X B. Received by (Printed Name} □Agent 0 Addressee C. Date of Delivery D. ls dl'llivery address dtffemnt from item 1? □ Yoo If YES, enter delivery address below: D No 3. Service Type 0 Ji.dull. Signature l>.dult Signature Restrlciec! Dslivery Certified Mall® 0 Priority Mall Expn:,ss® D Registered Malt™ □ R,;gisterad Mall Rew!otoo Oeliveiy □ CerJ!ioo Ma!! R~trk:ted OefM!l)' ca RJ:rtum Reoolpt fur --::--:-:::-'.:----::-:-~-"'=,,,---,-------~------I □ Collect on Delivery Merclumaise " A .. 1 .... 1,, M, '"""°' rrron~r fmm -«r:erv/Ml /;ihAll I O Collect on Delivery Raw!eted Oell\/ary O S!goohire Co!l!irrr.a!ion ™ ~ Mail D Signature Confirmation ~ Mall Restricted Deliver; Restricted Oeflvery ;:,~□Ol 7018 □68 □ □□□2 2899 6336 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Code Enforcement Division Case: 2019CE000977 Address: 315 Panama Circle Owners: Kimberly A. France Violations: City Ord. 6-87 Temporary Storage Structure-Permit Required Inspector: Captain M. Tracht Code Enforcement Division • On April 10, 2019, while on patrol I noticed a PODS unit (Container on Wheels) sitting on the front yard of this residence. A records checl( for permitting was conducted, which revealed no permit on file. • Sec 6-87-Temporary Storage Structures -Permit must be obtained -Maximum of 72 hours • Subject to change with CM approval -Obtain 2 permits per 12 month period • As a result, I mailed ( certified/return receipt) out a NCV outlining the violation and gave a corrective date of April 24, 2019. • USPS Tracking indicated it went out for delivery on April 19, 2019. USPS stated that a notice was left as "No Authorized Recipient was Available". • On April 16, 2019-Still on scene. • May 3,2019 still on scene • May 6, 2019-still on scene posted on property letters/mailings • May 10, letter was out for delivery and as of now it has not been signed for. Code Enforcement Division • I recommend that the owner(s) are afforded until June 7, 2019 (10 days) to obtain proper permit ($30.00), and pay permit fine of $30.00. If found in subsequent non-compliance, my recommendation will be to bring this case bacl( to the board for a non-compliance hearing. • I've had no correspondence with the home owner. As of today the PODS is still on scene. ■ w--w '' ~ , I I I 11 I ENT -)8 ; L>:~ 1~, -~ ~-. "' ~ ·~·d' * u.l ,..,6 Q(\(\ <:l: Ill!' 'vv.::. ~ . , tfJ 7014 015 □ □□□1 6336 269 □ ! KIMBERLY FRANCE 315 PANAMA CIR ~d-0 I) ~ t/~, WINTER SPRING<"' .~. '"''"''"A ...... "7f'IO ~ NIXIE 339 CE 1 0205/09/J.9 RETURN TO SENDER UNCLAIMED · UNA6LE TO FORWARD P.t!!R.MliA~ oonr 0CI"\ *1~Q'1_Q'1!~,;;:_-,_-,,'7" __ &1"'t l"t,"""i.~1'i<oir-l.;._ I ''-~<!i;.. i''-!c-~ ~~"!# ..... -'2"".&..l~A,. .do,~ -.k. ::32:-Jil:ia:t~s a:ci 1 • 1; 1J 11111 I 1111 i 1·1 • 1 iii i I i1111, ii 1ilf 1 'I= 1 • 1 :111lii'il'11i11i1t ,_,,., .J. l l l j ,.; ,, ! 11 I 111 I 7018 0680 0002 2899 6336 7018 □680 0002 2899 6336 r rly France anama Cir r Springs, Fl 32708 · II Complete Items 1, 2, and 3. • • PrlJit YOW' name and addtess on the reverse so that we can return the card to you. . . II Attach this card to the back of the mailpiece, er <1m t.he front if space permits . • ;;. .:1. Article Addressed to: /{tNI h7-/t?Jt6 --· q7 ·; 3 I rttY1 rr /V1 I?· e 1, a_ tJ111-l<(I_ SffliriJ\,t;~ ll I IIIIII IIII Ill I Ill Ill I I II IIII Ii 1111111111111 9590 9402 4327 8190 6524 36 X B. Received by (Printed Name) D. Is delivery address different from item 1? □ Yes If YES, enter delivery address below: □ No 3. Service Type □ Priority Mall Expread □ Adult Signature □ Registered MaH11" .P. Adult Signature Restricted Delivery O Registered Mail Restricted ~ertifled Mail® Delivery ' □ Certified Mall Restricted Delivery di Return Reoelpt for 1 D Collect on Delivery Merchandise .., .11..+1,., .. "'' ,mhor m-i::,n~r fmm !~Rrvlr.A fab;l·-i _____ , 0 Collect on Delivery Restricted Dellvery D Signature Confirmation'" 3d Mall □ Signature Confirmation ~d Mail Restricted Delivery Restricted Delivery --$500 7018 0680 00 □2 2899 6336 PS Form 381 t, July 2015 PSN 7530~02-000-9053 Domestic Return Receipt Professionally, Captain Matthew Tracht the address at which the temporary storage structure will be installed. Notwithstanding the foregoing seventy-two hour time limit, the city may pennit the use of a temporary storage structure, on a property that currently contains a commercial use, for the entire time period beginning October 15 and ending January 31 of the immediately following calendar year if such temporary storage structure is used to store seasonal deliveries and golf carts utilized by seasonal delivery personnel as authorized by section 3 l 6.2 l 26(3)(a) Florida Statutes. Certified Mailing Number: 7014 0150 0001 6336 2690 2 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print yoyr narne. and agdress on the reverse so that we can return the card to you. · ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J< . fn, ;t i-J ~ C -Y77 .21). f/rrlllft"rt ~ 1(2_ /,,)1~ ~Ii... 5pll ,,JjJ, fl 3z,,7~ II IIIIIII IIII IIIIIII Ill I I II llll 111111111111111 9590 9402 4327 8190 6522 38 COMPLETE THIS SECTION ON DELIVERY A. Signature X D Agent D Addressee B. Received by (Printed Name) · 1 C. Date of Delivery·· D. Is delivery address different from Item 1? □ Yes ·, If YES, enter delivery address below: □ No I 3. Service Type o Priority Mall Express® D Adu~ Signature D Registered Mail™ I I I I ult Signature Restrict~ Delivery D Registered Mall Restricted rtified Mall® ~elivery I rtified Mall Restricted Delivery Return Receipt for □ Collect on Delivery erchandlse -2-. -Art-lc-le_N_u_m_b_e_r ""(lran,....-sfi=e,-~-ro-m-se~~-,-ce_l_ab--e .. /),,,_ ___ --1 □ Collect on Delivery Restricted Delivery D Signature Confirmation™ D Insured Mall D Signature Confirmation 1 D Insured Mall Restricted Delivery Restricted Delivery (over$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt □ □ er er ...0 ...0 ru ru ...0 ...0 rn rn rn rn ...0 ...0 ,..:i ,..:i □ □ □1 □ □'□ □,□ LJ') LJ') ,..:i ,..:i □1 □ ::r ::r ,..:i ,..:i □ □ I"-I"- U.S. Postal Service™ CERTIFIED MAIL™ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ Certified Fee Return Receipt Fee (Endorsement Required) If 1-----------l Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ '-'---------' Sent To } I /VI /1 /tNC (:_ Postmark Here ~;'~~·;t;·::/. '3 IS-.f ,tr, fl7V/t1--· C tfl ------------------- c,1y, s'tJ ~~ ,k (\..--5{/(l, J t;, ,5, -·/L--3 l. 7d ---- PS Form 3800, August 2006 See Reverse for Instructions □ a- ....D ru ....D U.S. Postal Service™ CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) rn ~---------,.---,-----.~.,..,,,..--..~~.---:~"-'--' rn ....D .-'I Certified Fee □ Return Receipt Fee D (Endorsement Required) □ 1---'-'=--.,..._"--"o~ Restricted Delivery Fee CJ (Endorsement Required) U1 1----,1-----,,----i .-'I Total Postage & Fees $ _ lc;r (_ CJ ~ Sent To f I (V1 fl /tN {' l, ~ ::r;~·:::·::.·; <31) Pt1nfl7v/11-ctR. c;1y, stJ~?j ,k (\..--.,W(l < J C, ), --ft.--~ '--7 ~ ·----- SCPA Parcel View: 03-21 -30-5FA-0L00-0070 Page I of 2 Property Record Card Parcel: 03-21-30-5FA-0ll)0.0070 Property Address: 315 PANAMA CIR WINTER SPRINGS, FL 32708 r :. ---7 f Parcel Informal~ _ Parcel 03-21-30-SFA-OL00-0070 - .. Owner(s) FRANCE, KIMBERLY A 315 PANAMA CIR Property Address WINTER SPRINGS, FL 32708-3466 +-I 315 PANAMA CIR Mailing WINTER SPRINGS, FL 32708-3466 i: I 1- 1 IL ,9 Subdivision Name FOXMOOR UNIT 3 ~ Tax District W1-WINTER SPRINGS DOR Use Code 01-SINGLE FAMILY Exemptions.L OO-HOMESTEAD(2011) ,,.,,.\:1. Q, 13961 1.~ ... ~-") ·<to> -,:J ~ i ... ai1• :? o.,..,. P'> t ... ,: ~ ... cP ~: (,, r· $ .,I .. '£ ,. "' Legal Description LOT 7 BU< L FOXMOOR UNIT 3 PB23 PGS 20& 21 100 ,, cl.;, 1 ,{!. 86' ,, ';, ":. 6,211 ~ ~04 ~ -' "' ?i!> 'j, ,,1 'Ii> 2~4 'J.'b .,,~ 6-\>.., ,.i'' ·; "' .. i f -~ '!l> 'a> ,,.,<#> 20,m 'S, -' -' "' .,, ,,i'II> ·~ =..::.=::..---==--=---- Taxes Taxing Authority COUNTY BONDS WINTER SPRINGS BONDS SJWM(Saint Johns Water Management) CITY WINTER SPRINGS FIRE FUND COUNTY GENERAL FUND Schools Sales Description QUIT CLAIM DEED QUIT CLAIM DEED WARRANTY DEED WARRANTY DEED WARRANTY DEED CERTIFICATE OF TITLE SPECIAL WARRANTY DEED WARRANTY DEED Land Assessment Value ---- Date Book 1/1/2007 06574 311/2004 05257 7/1/2003 04952 7/1/1999 03687 411 /1999 03636 311/1999 03616 9/1/1980 01302 411/1980 01276 Value Summary 2019 Working 2018 Certified Valuation Method Number of Buildings Depreciated Bldg Value Depreciated EXFT Value Land Value (Market) Land Value Ag Just/Market Value ·• Portability Adj Save Our Homes Adj Amendment 1 Adj P&GAdj Assessed Value Values Cost/Market $82,718 $50,000 $132,718 $53,844 $0 $0 $78,874 Values Cost/Ma r1<et $79,077 $35,000 $114,077 $36,674 $0 $0 $77,403 Tax Amount wtthout SOH: $1,373.54 ;!018 Tax Bill Amount $606.79 Save Our Homes Savings: $ 766.75 • Does NOT INCLUDE Non Ad Valorem Assessments Exempt Values $78,874 $50,500 $78,874 $50,500 $78,874 $50,500 $78,874 $50,500 $78,874 $50,500 $78,874 $50,500 $78,874 $25,500 Page Amount Qualified 1819 $100 No 1380 $100 No 0813 $100 No 0592 $100 No 1452 $70,000 Yes 0858 $46,900 No 0792 $42,000 Yes 1700 $804,750 No Vac/lmp Improved Improved Improved Improved Improved Improved Improved Vacant $28,374 $28,374 $28,374 $28,374 $28,374 $28,374 $53,374 - https://parceldetails. scpafl. org/ParcelDetai lPrinterF riendly. aspx?PID=03 2130 5F A 0L000070 5/3/2019 SCPA Parcel View: 03-21-30-5FA-0L00-0070 Page 2 of2 Method Frontage Depth Units Units Price Land Value LOT 0.00 0.00 $50,000.00 ------ , Building Information # Description Year Built Fixtures Bed Bath Base Area Total SF Living SF Ext Wall Adj Value Repl Value Appendages ActuaVEffective SINGLE 1980 6 i 20 1,008 1,296 1,008 CONC $82,718 $101,495 FAMILY BLOCK Description GARAGE FINISHED Permits Permit# Description Agency Amount CO Date Permit Date 27051 RE-ROOF 315 PANAMA CIR Winter Springs $3,984 9/13/1995 6/1/1995 I PHmit data does not originale from the Seminole County Prnptrty Appraiser'• office, For details or questions concerning• permit, pJtHt cont.cl the building department of the to: district in which the property is located. 1 Extra Fea~res Description Zoning Zoning R-1 --- Year Built Units Value No Extra Features Zoning Descriptionun Future Land Use R-1 Low Density Residential New Cost F utureLandUseDescripbon Low Density Residential https:/ /parceldetails. scpafl. org/ParcelDetai IPrinterF riendly. aspx?PID=03 2130 5F A 0L000070 $50,000 - Area 288.00 5/3/2019 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 property has been posted with the NOTICE OF COBE BOARD HEARING 315 Panama Circle WINTER SPRINGS, FL 32708 and 1126 E SR 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2019CE000977 Posted on the following date: May 6, 2019 The undersigned swears and affirms that the property has been posted: SIGNATURE CAPT. MATTHEW TRACHT WU¾OTAR~ DATE STAMP: .-;~;:;:•·•%, MELISSA L YOST /~ ;~r;\ Notary Public -State of Florida \1~,i Commission ii GG 284813 ·-1.p, f\..'rf.·· My Comm. Expires Dec 17, 2022 Bonded through National Notary Assn. USPS.com® -USPS Tracking® Results Page 1 of 3 USPS Tracking® FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70140150000163362690 Remove X This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Delivery Attempt Reminder to Schedule Redelivery of your item Get Updates v Text & Email Updates Tracking History Reminder to Schedule Redelivery of your item V This is a reminder to arrange for redelivery of your item or your item will be returned to sender. April 19, 2019, 12:40 pm Notice Left (No Authorized Recipient Available) WINTER SPRINGS, FL 32708 April 19, 2019, 7:44 am Out for Delivery WINTER SPRINGS, FL 32708 "Tl (1) (1) a. a-Ill (1 "' https://tools.usps.com/go/TrackConfinnAction?tLabels=70140150000163362690 5/6/2019 USPS.com® -USPS Tracking® Results April 19, 2019, 7:34 am Sorting Complete WINTER SPRINGS, FL 32708 April 19, 2019, 7:23 am Arrived at Unit WINTER SPRINGS, FL 32708 April 18, 2019, 10:54 pm Arrived at USPS Regional Facility LAKE MARY FL DISTRIBUTION CENTER April 18, 2019 In Transit to Next Facility April 17, 2019, 11 :03 pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER April 17, 2019, 8:33 pm Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER Product Information See Less A Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfinnAction?tLabels=70140150000163362690 Page 2 of 3 V "i1 CD CD 0. o-il) C) :,:;;- 5/6/2019 USPS.com® -USPS Tracking® Results Page 3 of 3 FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) The easiest tracking number is the one you don't have to know. With Informed Delivery®, you never have to type in another tracking number. Sign up to: • See images* of incoming mail. • Automatically track the packages you're expecting. • Set up email and text alerts so you don't need to enter tracking numbers. • Enter USPS Delivery Instructions™ for your mail carrier. Sign Up (https://reg.usps.com/entreg/RegistrationAction_input? *NOTE: Black and white (grayscale) images show the outside, front of letter-sized envelopes and mailpieces tfiM\Rff~~~fflm~~tomated equipment. "Tl (tl (tl 0. O'" 0l (') "' https://tools.usps.com/go/TrackConfinnAction?tLabels=70140150000163362690 5/6/2019 CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT PARCEL OWNER: PARCEL03-21-30-5FA-0L00-0070 OWNER(S) FRANCE, KIMBERLY A CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2019CE000977 PROPERTY ADDRESS315 PANAMA CIR WINTER SPRINGS FL 32708-3466 MAILING 315 PANAMA CIR WINTER SPRINGS, FL 32708-3466 SUBDIVISION NAME NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on May 28, 2019 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 Circle, Winter Springs, Florida 32708 Property Owner Name: Kimberly A France Property Owner Address: 315 Panama Circle, Winter Springs, Florida 32708 The cited violations are as follows: Winter Springs City Ordinance 6-87 WS CITY ORDINANCE -TEMPORARY STORAGE STRUCTURE -PERMIT REQUIRED If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) 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 05/06/2019, posted on the property, and at a government office as per Florida State Statute 162. Professionally, /Yl{L Captain M. Tracht 407-327-7997 Certified Mail: 7018 0680 0002 2899 6336 ..D rn rn U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only ; OFFICIAL IT' Certified Mail Fee tO $ nJ t-,,Ext,..,,..-,""S,.,.erv'""'i,,...ce,.,.s""&""F,,...ee,.,.s..,.(c.,...hec""""'k...,.box._adcl...,..,...,fee_as_ap_prop_rlste,...,...-,--t/ Return Receipt (hardcopy) $ ____ _ nJ D Return Receipt (electronic) $ ____ _ ~ 0 Certified Mall Restricted Delivery $ ____ _ □ □Adult Signature Required $ ____ _ D Adult Signature Restricted Delivery $ CJ Postage tO ..D 1;-,....,....~---,----,-.,..,,.,...,..,....--------; □ 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 property has been posted with the NOTICE OF NON COMPLIANCE CODE BOARD HEARING 315 PANAMA CIRCLE WINTER SPRINGS, FL 32708 and 1126 E SR 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2019CE000977 Posted on the following date: June 12, 2019 @ ' . The undersigned swears and affirms that the property has been posted: ,-SIGNATURE CAPT. MATTHEW TRACHT (p /,.,__ /r, STAMP: I DATE' @ . ' CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT PARCEL OWNER: PARCEL 03-21-30-SFA-0L00-0070 OWNER(S) FRANCE, KIMBERLY A 315 PANAMA CIR WINTER SPRINGS FL 32708-3466 COMPLAINT NO: 2019CE000977 NOTICE OF NON-COMPLIANCE HEARING Please take notice that at 5:30 P.M. on June 25, 2019 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 28, 2019. 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 Circle, Winter Springs, FL 32708 Property Owner Name: KIMBERLY A FRANCE Property Owner Address: 315 PANAMA CIR. WINTER SPRINGS, FL 32708 The cited violations are as follows: Winter Springs City Ords. 6-87 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 06/12/2019, posted on the property, and at a government office as per Florida State Statute 162. Professionally, Capt. M. Tracht Certified Mail: 7018 0680 0002 2899 6442 r l SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. · 1. Article Addressed to: 7018 0680 0002 2899 6442 COMPLETE THIS SECTION ON DELIVERY A. Signature X □ Agent □ Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? D Yes If YES, enter delivery address below: D No 3. Service Type ~ Ce.rtified Mail® D Priority Mail ExpressN □ Registered &!!lReturn Receipt for Merchandise □ Insured Mail D Collect on Delivery 4. Restricted Delivery? (Extra Fee) □ Yes PS Form 3811, July 2013 Domestic Return Receipt ru ru ::r-::r-::r-::r- ...0 ...0 rr rr rr rr cO cO ru ru ru ru □ □ □ □ □ □ □ □ cO cO ...0 ...0 □ □ cO cO .-=t .-=t □ □ r-r- U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only FICIA.L USE $ Extra Services & Fees (check box, add tee as approprlato) 0 Rel\Jm Rocelpt (hardcopy) $ ____ _ 0 Return Rocelpt (oloctronlc) $ ____ _ 0 Cortifiod Mall Rostrictod Dellve,y $ ____ _ D Adult Signature Roqulrod $ ____ _ D Adult Signature Rostrictod Oellve,y $ Postage $ Total Postage and Fees Postman< Here 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.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Case #2019CE000977 Complainant, V. Kimberly A. France Owner of the Property located at: 315 Panama Circle Winter Springs, Florida 32708 Parcel: 03-21-30-5FA-0L00-0070 Respondent, I -------------- 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 May 28, 2019 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 the 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. CITY Of WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2019CE000977 MAY 28, 2019 PAGE2OF3 2. That violations of Section(s): 6-87. -Temporary Storage Structures. (Permit Required) 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 the Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation. 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 the Respondent, Kimberly A. France, was not present at the hearing. 5. That based on the testimony and evidence presented, the Respondent had violated the City Code, to wit: 6-87. Temporary Storage Structures. (Permit Required). 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: l. The Respondent be given until June 7, 2019 to correct the violation(s) of the City Code on the Property. 2. If the 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 8, 2019 and continuing to accrue daily until the violation(s) come(s) into compliance. The 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 the 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 the Respondent notice of the repeat violation, the Code Enforcement Officer is not required to provide Respondent 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. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2019CE000977 MAY28.20!9 PAGE 3 OF 3 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent 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 J.1,_ day of June, 2019, nunc pro tune to May 28, 2019. Copies furnished to: Kimberly A. France, Respondent 315 Panama Circle CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA CERTIFIED MAIL 7017 2400 0000 4978 0924 Winter Springs, Florida 32708, Case File #2019CE000977 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 _jL_ day of June, 2019. /-) \ ·· I , f'\ r l / / / .,, , .. ~-·-··--·~-........ I. ( / / . I ", oardSe~--- Code Enforcement Division Non Compliance Hearing Case: 2019CE000977 Address: 315 Panama Circle Owners: Kimberly A. France Violations: City Ord. 6-87 Temporary Storage Structure-Permit Required Inspector: Captain M. Tracht Code Enforcement Division Non Compliance Hearing • On April 10, 2019, while on patrol I noticed a PODS unit (Container on Wheels) sitting on the front yard of this residence. A records checl( for permitting was conducted, which revealed no permit on file. • Brought to the Board on May 28, 2019. At that time the board found the resident to be in violation of city code. A corrective date of June 7, 2019 was given. As of today the violation still exists. • Request of $100. 00 per day fine be levied until the violation is corrected. Starting on May 28, 2019.