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Home My WebLink About2004 07 20 Attached was Mailed to Board Members Prior to MeetingDate: July 20, 2004 ATTACHED MAILED TO BOARD MEMBERS PRIOR TO THE MEETING i I~~ ~~0:.t ~, l nRIQ 4 CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD FINDING OF FACT & RELIEF ORDER SCRIPTS City of Winter Springs Gade Enfarcer~nent Board Revision 20014-01 Table of Contents Findings of Fact Motion to Continue Case ...............................................................................................................................................3 Motion Where Violation is Found Not to Exist (Not Guilty) ......................................................................................4 Motion Where Violation is Found to Have Existed, as of this Hearing (Guilty) .....................................................5 Motion Where Violation is Found to Have Existed, Corrected, then Exists Again as of Hearing (Guilty).........6 Motion Where Violation is Found to Have Occurred (Guilty) Corrected as of Hearing ........................................7 Motion Where Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) .................8 Motion Where Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) Corrected as of Hearing ...................................................................................................................................................................9 Motion Where a Irreparable or Irreversible Violation is Found to Have Existed, as of this Hearing (Guilty) ..10 Relief Orders Relief Order (A) ........................................................................................................................11 Relief Order (B) ........................................................................................................................12 Relief Order (C) ........................................................................................................................13 2 City of Winter Springs Code Enforcei~nent E~oarra F~euisior7 ZOU~-01 Motion to Continue Case Reason for use: Used when the board does not feel there was sufficient evidence presented by either party fo render a fair and just ruling. Motion to Continue Case The City of Winter Springs vs. (Respondents) Case# I move that this case be continued to the next regularly scheduled meeting of the Code Enforcement Board, as the evidence and testimony presented was insufficient to allow the Board to render a just and fair ruling. If Respondents are not present: Let the record show that (Respondents), (are/is) not present at this proceeding and therefore have not waived their right to formal notification. Therefore I also move that the Board order the Code Enforcement Officer to notify the respondent(s) of the continued case as prescribed by Chapter 162:12 of the Florida Statutes. If the Respondent is present: Mr. or Mr(s). (Respondents) ,are you willing to waive formal notification of the continued proceeding? /f yes: Let the record show that Mr. or Mr(s). (Respondents) ,agree to waive the right to formal notification. Therefore I also move that the Board order the Code Enforcement Officer to provide a courtesy notification to Mr. or Mr(s). (Respondents), about when their case is to again be heard by the Board. /f no: Let the record show that Mr. or Mr(s). (Respondents), (have/has) not waived the right to formal notification. Therefore the Board orders that the Code Enforcement Officer notify the respondent(s) of the continued case as prescribed by Chapter162.12 of the Florida Statutes. FINDING OF FACT NO RELIEF ORDER 3 City of Winter Springs Code Er7forcet~nent E3o~rd F~elrision 2004-01 Motion Where Violation is Found Not to Exist (Not Guiltvl Reason for use: Used when the Board finds the Code Enforcement Officer has not proven his/her case. Violation is Found Not to Exist (Not Guiltvl The City of Winter Springs vs. (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr(s). (Respondents and reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has not proven his/her case. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) not violated Section(s) of the city code and a judgment of "Not Guilty" ordered for the record. FINDING OF FACT NO RELIEF ORDER 4 City of Winter Springs Cade Enfc~~~ae~~~ nt L~aarci F~evi;~ian 2Ct~4-01 Motion Where Violation is Found to Have Existed, as of this Hearing (Guilty) Reason for use: 1. Used when the Board finds the Code Enforcement Officer has proven his/her case. 2. When the Code Enforcement Officer has demonstrated notice had been provided to the respondent that a violation existed and a reasonable amount of time was provided to correct the violation. 3. The respondent failed or refused to correct the violation. 4. The respondent was provided notice of the hearing before the board. 5. The violation continues to exist as of this hearing. Violation is Found to Exist as of Hearing (Guilty) The City of Winter Springs vs. (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr(s). (Respondents) and reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has proven his/her case based on the following: 1. That Mr. or Mr(s). (Respondents) (was /were) provided notice by the Code Enforcement Officer in accordance with Section 2-59 of the City Code that a violation of Section(s) of the City Code existed. 2. The respondent was provided notice of this hearing as prescribed by Chapter 162.12 of the Florida Statutes and that the respondent (was not /was) present at this hearing. 3. The respondent was provided a reasonable time to correct the violation. 4. The respondent failed or refused to correct the violation within the time provided. 5. The violation continues to exist upon the respondents property. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated Section(s) of the City Code and a judgment of "Guilty" be ordered for the record. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. FINDING OF FACT USE REI"!EF ORDER (A) 5 City ofi Winter Springs Cade Enfir~rcer-nent t3oard Revisir~n ?_004-~~ Motion Where Violation is Found to Have Existed. Corrected, then Exists Again as of Hearing (Guilty) Reason for use: 1. Used when the Board finds the Code Enforcement Officer has proven his/her case. 2. When the Code Enforcement Officer has demonstrated notice had been provided to the respondent that a violation existed and a reasonable amount of time was provided to correct the violation. 3. The respondent was provided notice of the hearing before the board. 4. The violation was temporarily corrected but reoccurred prior to the hearing. Violation is Found to Have Existed, Corrected, then Exists Again as of Hearing Guilt The City of Winter Springs vs. (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr(s). (Respondents) and reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has proven his/her case based on the following: 1. That Mr. or Mr(s). (Respondents) (was /were) provided notice by the Code Enforcement Officer in accordance with Section 2-59 of the City Code that a violation of Section(s) of the City Code existed. 2. The respondent was provided notice of this hearing as prescribed by Chapter 162.12 of the Florida Statutes and that the respondent (was not /was) present at this hearing. 3. The respondent was provided a reasonable time to correct the violation. 4. The violation was temporarily corrected, but has reoccurred prior to this hearing. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated Section(s) of the City Code and a judgment of "Guilty" be ordered for the record. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. FINDING OF FACT tJSE REI..IEF ORDER (A) 6 City of Winfier Springs Code Enforce{~~ent ~3oerd I~evisic~n 2~7t3~-t~1 Motion Where Violation is Found to Have Occurred (Guilty) Corrected as of Hearing Reason for use: 1. The Board finds the Code Enforcement Officer has proven his/her case. 2. The Code Enforcement Officer has demonstrated notice had been provided to the respondent that a violation existed and a reasonable amount of time was provided to correct the violation. 3. The respondent was provided notice of the hearing before the board 4. The violation has been corrected as of the hearing. Violation is Found to Have Occurred (Guilty) Corrected as of this Hearing The City of Winter Springs vs. (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr s). (RespondentsZand reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has proven his/her case based on the following: 1. That Mr. or Mr(s). (Respondents) (was /were) provided notice by the Code Enforcement Officer in accordance with Section 2-59 of the City Code that a violation of Section(s) of the City Code existed. 2. The respondent was provided notice of this hearing as prescribed by Chapter 162.12 of the Florida Statutes and that the respondent (was not /was) present at this hearing. 3. A violation of the Code did exist on the property for days, but has since been corrected. The respondent is currently in compliance. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated Section(s) of the City Code and a judgment of "Guilty" be ordered for the record, and that the Board recognizes that the violation has since been corrected and is currently in compliance. Furthermore, the respondent(s) (is /are) hereby notified that any future violations of Section(s) of the City Code will be considered a repeat violation. If a repeat violation is found to exist, a fine will be imposed in the amount of ($500 Max) per day, per violation, beginning on the first day the violation was again found to exist. If Respondent is Present: As the respondent is present at this hearing and has heard the order of this Board, I move that the respondent be deemed to have received notification of this order immediately. FIIVC7ING CJF FACT NO R~LI~F C7RI~~R 7 City of Winter Springs Cade Cnfc~rccr~ncnt 13c~~rd Rcvisicn 20~1~+-~~# Motion V1lhere Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) Reason for use: 1. The Board finds the Code Enforcement Officer has proven his/her case. 2. The respondent has been previously found in violation of the same code provisions. 3. The respondent was provided notice of the hearing before the board. 4. The repeat violation continues to exist. Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) The City of Winter Springs vs. (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr(s). (Respondents) and reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has proven his/her case based on the following: 1. Mr. or Mr(s). (Respondents), (have/has) previously been before the Code Enforcement Board for the City of Winter Springs and (was/ were) found "guilty" of violating Section(s) of the City Code. 2. The respondent was provided notice of this hearing as prescribed by Chapter 162.12 of the Florida Statutes and that the respondent (was not /was) present at this hearing. 3. The violation continues to exist as of this hearing. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated Section(s) of the City Code and a judgment of "Guilty as a repeat offender" be ordered for the record. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. FINDING OF FACT USE RELIEF ORDER (B) 8 City of Winter Springs Cade C"nfarcement Board Revisiof7 ?~JU~-01 Motion Where Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offended Corrected as of Hearing Reason for use: 1. The Board finds fhe Code Enforcement Officer has proven his/her case. 2. The respondent has been previously found in violation of the same code provisions. 3. The respondent was provided notice of the hearing before the board. 4. The repeat violation has been corrected as of the hearing. Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) Corrected as of this Hearing The City of Winter Springs vs. _ _ (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr(s). (Respondents) and reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has proven his/her case based on the following: 1. Mr. or Mr(s). (Respondents), (have/has) previously been before the Code Enforcement Board for the City of Winter Springs and (was/ were) found "guilty" of violating Section(s) of the City Code. 2. The respondent was provided notice of this hearing as prescribed by Chapter 162.12 of the Florida Statutes and that the respondent (was not /was) present at this hearing. 3. The repeat violation of the Code did exist on the property for days, but has since been corrected. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated Section(s) of the city code and a judgment of "Guilty as a repeat offender" be ordered for the record, and that the Board recognize that the repeat violation has since been corrected. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. FINDING OF FACT USE RELIEF ORDER (B) 9 City of Winfier Springs Cade Enfnrce~~nent Sr~ard Revision 20tJ4-~1 Motion Where a Irreparable or Irreversible Violation is Found to Have Existed, as of this Hearinq (Guilty) Reason for use: 1. Used when the Board finds the Code Enforcement Officer has proven his/her case. 2. When the Code Enforcement Officer has demonstrated notice had been provided to the respondent that a violation existed and a reasonable amount of time was provided to correct the violation. 3. The respondent was provided notice of the hearing before the board. 4. The violation has been found to be irreparable or irreversible. Irreparable or Irreversible Violation is Found to Exist as of Hearinq (Guilty) The City of Winter Springs vs. (Respondents) Case# ,After hearing the sworn testimony of the Code Enforcement Officer and Mr. or Mr(s~(Respondents) and reviewing the evidence presented at this hearing, I find that the Code Enforcement Officer has proven his/her case based on the following: 1. That Mr. or Mr(s). (Respondents) (was /were) provided notice by the Code Enforcement Officer in accordance with Section 2-59 of the City Code that a violation of of the City Code existed. 2. The respondent was provided notice of this hearing as prescribed by Chapter 162.12 of the Florida Statutes and that the respondent (was not /was) present at this hearing. 3. That the violation of City Code is irreparable or irreversible in nature. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated of the City Code and a judgment of "Guilty" be ordered for the record. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. FIIVDIPdG OF FACT ~1SE RELIEF ORDER (C) 10 City of Winter Springs Cade Enfarcer~ent Board Revision 1004-G1 RELIES ORDER (A) Motion Where Violation is Found to Have Existed, as of this Hearing Guil Reason for use: 1. Used after a "Motion where violation is found to have existed as of this hearing" has been read and passed by a majority vote. 2. Used when a "guilty" order has been read for the record. 3. When the City asks for a order for relief or if the Board deems a relief order is necessary. Violation is Found to Exist as of Hearing (Guilty) The City of Winter Springs vs. __ (Respondents) Case# ,having been found "guilty" for violating Section(s) of the City Code, I move that the respondent be given # days after notification to correct this violation of the City Code. Mr. or Mr(s). (Respondents), if you fail to correct the violation within the time provided, a fine of ($250/max) will be imposed per day until compliance has been verified by a Code Enforcement Officer for the City of Winter Springs. Furthermore, Mr. or Mr(s). (Respondents), any and all future reoccurrences of this violation will be considered a repeat offence. A repeat violation will necessitate further proceedings without the opportunity to correct the repeat violation. The fine, for a repeat violation, will be ($500/max) per day, beginning on the first day the repeat violation is found to exist by a Code Enforcement Officer. I also move that the Clerk of the Code Enforcement Board be ordered to record a certified copy of this Order into the public records for Seminole County, Florida should the respondent fail to correct the violation within the time frame set forth by this Board. If the Respondent is Present: Let the record also reflect that the Respondent is present at this hearing and has heard the order of this Board, I move that the Respondent be deemed to have received notification of this order immediately. 11 City of Winter Springs Cade Enfc~rcarrient E3a~rd f;~~visian 1004-01 RELIEF ORDER (~j Motion Where Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) Reason for use: 7. Used after a "Motion where violation is found to have reoccurred after compliance (Repeaf Offender)" has been read and passed by a majority vote. 2. Used when a "guilty" order has been read for the record. 3. This is considered a repeat violation. 4. When the City asks for a order for relief or if the Board deems a relief order is necessary Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offender) The City of Winter Springs vs. (Respondents) Case# ,having been found "guilty as a repeat offender" for violating Section(s) of the City Code, despite a previous Relief Order of this Board. I move that the respondent be given due notification that this is a repeat violation, and a fine of ($500/max) be imposed per day, as provided by Chapter 162.09(2)(a) of the Florida Statutes, until compliance has been verified by a Code Enforcement Officer for the City of Winter Springs. Furthermore, Mr. or Mr(s). (Respondents), any and all future reoccurrences of this repeat violation will be considered by this Board as a blatant disrespect for the laws of our city. A repeat violation will necessitate further proceedings without the opportunity to correct the repeat violation. The fine, for a another repeat violation, will be !$500/max) per day, beginning on the first day the repeat violation is found to exist by a Code Enforcement Officer. I also move that the Clerk of the Code Enforcement Board be ordered to record a certified copy of this Order into the public records for Seminole County, Florida. If the Respondent is Present: Let the record also reflect that the Respondent is present at this hearing and has heard the order of this Board, I move that the Respondent be deemed to have received notification of this order immediately. 12 City ofi Winter Springs Code Enforcement C3o~rd h~evisic~n 20t~4-~1 RELIEF ~R~ER (~) Motion Where Irreparable or Irreversible Violation is Found to Have Existed, as of this Hearinq (Guiltvl Reason for use: 7. Used after a "Motion where violation is found to have existed as of this hearing" has been read and passed by a majority vote. 2. Used when a "guilty" order has been read for the record. 3. When the City asks for a order for relief or if the Board deems a relief order is necessary. 4. The Board finds the violation to be irreparable or irreversible in nature. Irreparable or Irreversible Violation is Found to Exist as of Hearinq (Guiltvl The City of Winter Springs vs. (Respondents) Case# ,having been found "guilty" for violating of the City Code, a violation which has been deemed by this Board to be irreparable or irreversible in nature. I move that the respondent be fined in the amount of ($5,000 max) payable within (# of davs) . Furthermore, Mr. or Mr(s). (Respondents), any and all future reoccurrences of this violation will be considered a repeat offence and will be looked upon by this Board as such. I also move that the Clerk of the Code Enforcement Board be ordered to record a certified copy of this Order into the public records for Seminole County, Florida If the Respondent is Present: Let the record also reflect that the Respondent is present at this hearing and has heard the order of this Board, I move that the Respondent be deemed to have received notification of this order immediately. 13