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HomeMy WebLinkAbout08-21-2002 "Future Occurrences" languageN BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L. Brown ' Suzanne D'Agrestal Anthony A. Garganese' Gary S. Salzman° John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott D. Danahy Theodore F. Greene, III Kristine R. Kutz Todd K. Norman Vincent E. Scarlatos Erin J. O'Leary Of Counsel August 21, 2002 Mr. James B. Pitts, Chairman Members of the Code Enforcement Board City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 Dear Chairman & Board Members This correspondence is to acknowledge the continued frustration with the "future occurrences" language contained within the relief orders provided for your consideration and use. Please recall, these forms were provided for your convenience and are not being specifically mandated upon the Code Enforcement Board ("Board"). As we previously opined, in our letter to Jimmette Cook dated July 8, 2002, the suggested "future occurrences" language is designed to put the violator on notice, that any further violations (of the same nature) will be brought before the Code Enforcement Board without necessarily being afforded an opportunity to cure the violation. This notice may be important, as most property owners are unaware of the specific provisions contained within either the City Code or the Florida Statutes. We think it is important to note that the decision to give the violator time to cure, before scheduling a hearing before the Board, is entirely at the discretion of the code enforcement officer, however there is no obligation to do so for further occurrences. It is equally as important to note, this language does not dismiss the violators opportunity to come before the board and contest that the violation of the code did occur. 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@oriandolaw.net Code Enforcement Chairman & Board Members August 21, 2002 Page 2 It is our hope that including the "further occurrences" language in the relief order will put the property owner on notice of the potential for a hearing without an opportunity to cure and increased penalties, and hence should serve as a deterrent to further violations. As indicated above, these forms are for your convenience. If changing the placement of the language in the form or if changing the verbiage slightly would ad any comfort we would be happy to do so. Enclosed is a revised form changing the placement of the language. If the proposed language is unacceptable we can remove it or in the alternative the Board member making the motion is not required to include the language in the member's motion. offices. If you have any questions regarding this matter, please do not hesitate to call our Very truly yours, J /d` reyBuak Assistant City Attorney JPB/ Enclosure. - Relief Order cc: Capt. Glenn Tolleson,Code Enforcement Manager Debra Babb, Esq. F:%Lawyerljeffb%City of Winter Springs%CorrespondencelCode Enforce Board Ltr 082102.wpd 225 East Robinson Street, Suite 660 • P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Code Enforcement Board having been found to be in [Name(s)] of the City Code, I move that the Violator be given days after notification to correct this violation of the City Code. If the violation is not corrected) within the time provided, a fine of RELIEF ORDER SUGGESTED LANGUAGE FOR MOTIONS MOTION WHERE VIOLATION IS FOUND TO EXIST AS OF CODE ENFORCEMENT BOARD MEETING In the case of the City of Winter Springs vs. Number , the Violator(s), violation of Section(s) dollars will be imposed ❑ per day ❑ per violation [$250/max] until compliance is achieved, as verified by a Code Enforcement Inspector for the City of Winter Springs. And, if the violation is not corrected within the time provided above, that the Clerk of the Code Enforcement Board be direct to record a certified copy of this Order into the public records for Seminole County, Florida. Furthermore, any and all future recurrence(s) of this violation after compliance has been achieved will necessitate further proceedings before the Code Enforcement Board without necessarily giving the violator an opportunity to correct said violation. The fine, for such reoccurrence, shall be a maximum of $500 dollars per day per violation beginning on the first day the violation is found to exist. max If violator is present: Finally, as the violator is present at this hearing and has heard the order of this Board, I further move that the violator be deemed to have received notification of this order immediately.