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Home My WebLink About1987 02 03 Regular . fts.e\ ~ 19~~ ~ "~. 'j ~ ~, /1" "'_. . r" .',' -........ coJI' /.;, S:::r::s:~,?-' , " CITY OF WINTER SPRINGS, FLORIDA Mrs. Olive Wagner P. O. Box 55 Altamonte Springs, FL 32701 Dear Mrs. Wagner: 1126 STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327-1800 January 27, 1987 Enclosed please find a copy of the Agenda for the Code Enforcement Board Meeting to be held on Tuesday, February 3, 1987. Your attendance is invited. . mn . Yours very truly, CITY OF WINTER SPRINGS ?'/Ut-u/;-: .?z~ ~ Mary T. Norton, City Clerk '" l- ii Cj if i;j- ,;.;; FLORIDA OFFENSE / INCIDENT REPORT - SUPPLEMENTAL/CONTINUATION WINTER SPRINGS P.O. Agency ORI Number Agency Name Cit of Winter S rin s Item' Narrative VCO: SECTION 5-149(c) SWIMMING POOL LOCATION: 55 S. ....M Fairfax Fl. OWNER: Olive P. Wa ner . POB 55 Altamonte S Fl. in violation by the code board on January 10 Number ~ Reel_lily To C 3. Evidenoa C 4. Conf_ion of Defendant OJ UCR c-.- ....... 1. AnwVAduh 2. A"...VJuvanile 3. Exe>>pliOl1llVAcluh 4. ExceptionaVJuvanile 5. Unfounded ~ ~ :!;'f,!:.. t'... ': t.. ~.ifi, HI b!:"r..l' <"""'-~. .. ~ ~J~~ ..j,~,..~"t~ C 5. Investigative Leacls C 8. Other OIl. CMarwcl (MOY) Date II e e ~e. .JAMES E. ALDERMAN SILVIA MORELL ALDERMAN RANDAL M. ALLIGOOD FREDERICK L. BATEMAN, JR. EDMUND T.BAXA,JR. DANIEL O. BRADLEY JEANELLE a.BRONSON PAUL F. BRYAN JAMES A. BURT DWIGHT I. COOL MARGUERITE H. DAVIS ROBERT H. OELLECKER MARTIN R. DIX CHARLES R. GEORGE m EDWARD E. HADDOCK, .JR. MITCHELL B. HAIGLER JANE C. HAYMAN ROBERT A. HENDERSON ALLAN .J. KATZ CHRISTOPHER K. KAY FRANK C. KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG .xf~~~ ~~ ~ ~~G'~J~ SUITE 1100 13S WEST CENTRAL BOULEVARD POST OFFICE BOX 640 ORLANDO, FLORIDA 32802-0640 {305} 425-3939 SUITE 600 BARNETT BANK BUILDING 315 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 (904) 224-9634 TELEX 33-3627 PETER G. LATHAM RICHARD P. LEE ROBERT R. MAKEMSON JAMES H. McCARTY, JR. JOSEPH R.PANZL ROBERT A. SAVILL DAVID N.SOWERBY ROBERT P. SUMMERS RICHARD R. SWANN STEPHEN E. THOMPSON MARK S. WAl.KER JAMES a.WILLARO LETITIA E.WQOD 200 SEMINOLE STREET POST OFFICE BOX 536 STUART, FLORIDA 33495 (305) 2B7-6622 SOUTHEAST BANK BUILDING 300 SOUTH 6TH STREET FT. PIERCE, FLORIDA 33450 (305)466-9119 REPLY TO ORLANDO February 2, 1987 OF COUNSEL EDWARD S. JAFFRY DAVID C. LATHAM PATRICK F. MARONEY SPECIAL CONSULTANT WILLIAM D. RUBIN NOT A MEMBER OF' THE F'LORIDA BAR PERVIE P. SWANN (IBe5-19B4) Mary Norton City Clerk 1126 East State Road 434 Winter Springs, Florida 32708 Re: Code Enforcement Board Dear Mary: In response to your question as to whether the Code Enforce- ment Board may assess a $500.00 fine in its order to comply, and an additional $100.00 fine per day for every day past the third day that the violation continues, I refer you to Florida Statutes Section 162.07 and 162.09. In the new 1986 amendment to Section 162.07(4), the follow- ing sentence has been added: "The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date." This new language indicates that it is permissible for the Code Enforcement Board to include a notice that a fine will be imposed after the violator has been given a reasonable time to bring his property into compliance. Note that the Statute does not give any specific authority to the Code Enforcement Board to impose a fine simultaneously wi th the issuance of its order. In an opinion issued in 1985, Attorney General Jim Smith stated "A municipal code enforcement board possesses no authority to impose an initial fine on a vio- lator based solely on its finding that a violation has occurred and before the board has actually ordered compliance or before the compliance period has expired." Section 162.09 does, however, give specific authority for the Board to assess a fine not to exceed $250.00 for each day the (f~ ~4 ~t;;/Y2p. ~'l ~ '~A/ O~;v ~ -- . . .Q/~~~ Mary Norton February 2, 1987 Page 2 violation continues. The authority to impose this fine is con- tingent upon notification by the Code Inspector that the Code Enforcement Board Order has not been complied with by the time set for compliance or upon a finding that the violation has been repeated by the same violator. The Code Enforcement Board does not have authority to assess a fine based on past non-compliance. The Board must give the violator a reasonable time after the hearing in which to comply before a penalty fine begins. If you have any questions to contact me. FCK:LJB:wpc please do not hesitate A307FCKG09-G2 -- - . :",..,,~,.,,:'t.;2'q1.J .. Author of Best Seller "Murdered Heiress. . . Living Witness" t!JkPe, f!JJeet( f!JJeUt; )OY~ fY. ytp), ~turd~~ ~ tJ. f!AO<D.U2 . ~hn~.5?~ !P~.127IS..(1.46'2 . 5~UJn&'(.1()S).1.1.9-.1SS.Y January 31, 1987 Winter Springs City Hall 1126 E. State Rd. 434 Winter Springs, FL Attention: Code Division Re: 55 Fairfax Winter Springs, FL Dear Winter Springs Code Division: Dr. Olive Peet Wagner received a notice that there is going to be a hearing on the code violation in February, but Dr. Wagner is out of the country and cannot be there. The people moved out of the house and new people moved in and Dr. Wagner rectified the problem. She paid $60.00 and had the lawn taken care of and the new people that moved in drained the pool, so there is nothing more she can do. Since Dr. Wagner is out on the road all the time ministering, she was not aware that the people had moved until the City notified her and she took care of it immediately. You may get in touch with Dr. Wagner through the above address, but she will be out of the country for some time. Thank you for your help in this matter. Sincerely, ~nn~ Secretary to Dr. Wagner J~~~~ltlID ClU OE W\NTER SPRlNGS --.... C\u tlALL