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Home My WebLink About2023 10 24 Public Hearing - New Case item 500 - Case# 2023CE000632 131 North Cortez AvePUBLIC HEARINGS : NEW CASES ITEM 500 CODE ENFORCEMENT BOARD AGENDA | OCTOBER 24, 2023 REGULAR MEETING TITLE Case# 2023CE000632 131 N Cortez Ave. June M Weiser WS City Ord. 20-413 No Chickens WS City Ord. 6-195 Maintenance of Fences WS City Ord. 13-2(b) Outdoor storage WS City Ord. 13-2(c) Overgrown Yard IPMC 304.2 Protective Treatment IPMC 304.8 Decorative Features SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends, based upon the photo evidence and testimony presented, the respondent be given no more than 90 days (1/24/2024) to establish compliance. In the event the violation(s) are not corrected a fine of two hundred and fifty dollars ($250.00) a day shall be imposed. 10 11 12 13 14 15 16 17 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, COMPLAINT NO: 2023CE000632 PETITIONER, VS. RESPONDENT NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on October 24, 2023, the Code Enforcement Board will hold a hearing to determine whether you are in violation of the City Code as follows. The hearing will be held at Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 131 N CORTEZ AVE. WINTER SPRINGS, FL 32708 Property Owner Name: JUNE M WEISER Property Mailing Owner Address: 131 N CORTEZ AVE. WINTER SPRINGS, FL 32708 The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation, attached hereto, and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.06, Florida Statues. If the Code Enforcement Board finds your property in violation of the City Code(s) you can be fined up to $250.00 per day for each day the violation continues and up to $500 per day for each day a repeat violation continues. You may also 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 and upon any other real or personal property owned by the violator in accordance with Section 162.09, Florida Statutes. The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Chapter 162, Florida Statutes. You may appear in person and are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above-referenced hearing. If you choose to not attend the hearing you can lose your right to present facts in this case. 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. An aggrieved party, including the City of Winter Springs, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court as provided by the general law of the State of Florida. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. 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 and First class on 09/27/2023, posted on the property, and at Winter Springs City Hall as per Florida State Statute 162. Professionally, _______________________________ Code Officer Terri Sanchez 407-327-7965 Certified mailing: 7020 0640 0001 8018 8005 & FIRST CLASS[ PARCEL OWNER: JUNE M WEISER 131 N CORTEZ AVE. WINTER SPRINGS, FL 32708 18 19 20 21 22 23 24 25 26 27 28 29 30 City of Winter Springs Code Enforcement Division October 24, 2023 2023CE000632 131 N Cortez Ave. June M Weiser I am requesting the Code Enforcement Board find the Respondent in violation of: WS CITY ORD. 13-2(b) Outdoor Storage WS CITY ORD. 13-2(c) Overgrown Yard 31 City of Winter Springs Code Enforcement Division 2023CE000632 WS City Ord. 20-413 No Chickens WS City Ord. 6-195 Maintenance of Fences IPMC 304.2 Protective Treatment IPMC 304.8 Decorative Features 32 WS CITY ORDINANCE 13-2(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. 2023CE000632 33 WS City Ordinance 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 to be a public nuisance and unlawful. 2023CE000632 34 131 N Cortez Ave. 2023CE000632 Photo 1 Findings: Debris all over the side and backyard. Fence was falling apart. weeds and grass overgrown. Photo Taken: 3/15/23 WS City Ord. 13-2(b) Outdoor Storage WS City Ord. 6-195 Maintenance of fences. WS City Ord. 13-2(c) Overgrown yard 35 131 N Cortez Ave. 2023CE00632 Photo 2 Findings: More debris in backyard. Chickens are being stored in backyard as well. Photo Taken: 3/15/23 WS City Ord. 6-186 Maintenance of fences WS City Ord. 20-413 No chickens in this zone. WS City Ord. 13-2(b) Outdoor storage 36 131 N Cortez Ave. 2023CE00632 Photo 3 Findings: Several items piled up on the porch. Paint worn off from lattice and pieces broken off from lattice. Photo Taken: 3/15/23 WS City Ord. 13-2(b) Outdoor Storage IPMC 304.2 Protective Treatment IPMC 304.8 Decorative Features 37 131 N Cortez Ave. 2023CE00632 Photo 4 Findings: Several items piled up on the porch. Paint worn off from lattice and pieces broken off from lattice. Photo Taken: 3/15/23 WS City Ord. 13-2(b) Outdoor Storage IPMC 304.2 Protective Treatment IPMC 304.8 Decorative Features 38 131 N Cortez Ave. 2023CE00632 Photo 5 Findings: Overgrown yard and yard waste. Buckets and bins piled on side of house. Photo Taken: 3/15/23 WS City Ord. 13-2(b) Debris WS City Ord. 13-2(c) Overgrown yard and yard waste. 39 131 N Cortez Ave. 2023CE00632 Photo 6 Findings: Debris left in the front yard. Yard waste. Photo Taken: 9/28/23 WS City Ord. 13-2(b) Debris in yard. WS City Ord. 13-2(c) Yard waste 40 131 N Cortez Ave. 2023CE00632 Photo 7 Findings: Outdoor storage. Overgrown yard. Photo Taken:9/28/23 WS City Ord. 13-2(b) Outdoor storage. WS City Ord. 13-2(c) Overgrown yard. 41 131 N Cortez Ave. 2023CE00632 Photo 8 Findings: Yard waste Photo Taken: 10/4/23 WS City Ord. 13-2(c) Yard waste 42 131 N Cortez Ave. 2023CE00632 Photo 9 Findings: Outdoor storage. Overgrown yard. Photo taken: 10/4/23 WS City Ord. 13-2(b) Outdoor storage WS City Ord. 13-2(c) Overgrown yard. 43 131 N Cortez Ave. 2023CE00632 Photo 10 Findings: Outdoor storage. Overgrown yard. Photo taken: 10/4/23 WS City Ord. 13-2(b) Outdoor storage WS City Ord. 13-2(c) Overgrown yard. 44 2023CE000632 131 N Cortez Ave. June M Weiser Suggested Findings of Fact / Conclusion of Law Based upon the photo evidence and testimony presented at this hearing I am recommending the respondent be given no more that 90 days (1/24/2024) to establish compliance. In the event the violation(s) are not corrected a fine of $250.00 a day be imposed. 45