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HomeMy WebLinkAbout2004 06 29 Hand Out by Board Member Matisak Re: Finding of Facts/Relief OrdersDate: June 29, 2004 HAND OUT BY BOARD MEMBER MATISAK City of Winter Springs Code Enforcement Board Revision 2003-01 Motion to Continue Case Reason for use: Used when fhe board does not feel there was sufficient evidence presented by either party to 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 mee g of the ,de Enforcement Board, as the evidence and testimony presented `'~ ,i~sufFicrent to allow the Board to render a just and fair ruling. - ~' Y If Resaondents are. not aresent: Let the record show that (Respondents), are i therefore have not waived their right to formal that the Board order the Code Enforcement bf the continued case as prescribed by Ch~ip~er 1 d` ,tif Y e~ ~f~ar~this proceeding and Therefore I also move tootify the respondent(s) of ~2 the Florida Statutes. If the Respondent is present: sR~~. ,, Mr. or Mrs . Res ondent ,al~eayoufwilling to waive formal notification of the continued proceeding? ~~~ - /f yes: ,s Let the record sFi for Mrs . Res ondents ,agree to waive their right to forrn~It~` ~ i 'on: Therefore I also move that the Board order the Code Enforceme~ Offic t ~rovide a courtesy notification to Mr. or Mr(s). Res ori`"' r~~~° abt when their case is to again be heard by the Board. ,. ,;~u: Let the record show that Mr. or Mr(s). (Respondents), have not waived their 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 City of Winter Springs Code Enforcement Board Revision 2003-01 Motion Where Violation is f=ound Not to Exist Not Guiity) 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 Guil The City of Winter Springs vs. (Respondents) Case# ~ ~~~ After --~.>. ,:~~n ;~ ,.,,~,: hearing the sworn testimony of the Code Enforcement Officer a ~ '~~..or Mr 's ._ Respondents) and reviewing the evidence presented at this~e~r~ng; t<~`find that ti:~ ~ .. the Code Enforcement Officer has not proven his/h~ca~. Tfrefore, I move that this Board find that Mr. or Mr(s). f Respor~dent~l~ (hatcelhas) not violated .~ Section(s) of the city code and a ~~dgment;~f ";Not Guilt' ordered for the ~`~v, record. - ~;~~ FINDING OF FACT City of Winter Springs Code Enforcement Board Revision 2003-01 Motion Where Violation is f=ound to nave Reoccurred After Compliance (Guilty Repeat Offender) 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 beard. 4. The repeat violation continues fo exist. _:~` Offender ~ ` The City of Winter Springs vs. (Respondents) Case# ~~`~:~~un A~fi;er hearing r. the sworn testimony of the Code Enforcement Officer aneMr: or Mr(.- (Respondents) ~ ,,~ and reviewing the evidence presented at this hearing, I ~ t~t.~henCode Enforcement Officer has proven his/her case based on the.followingY 1. Mr. or Mr(s). (Respondents), (have/h~s) preusly been before the Code Enforcement ~;~. ', Board for the City of Winter Springs and`(~as~;viere) found "guilty" of violating Section(s) of the City C. 2. The respondent was Aided ri'?~c~'of this hearing as prescribed by Chapter 162.12 of the Florida Statutes '~ ~ ~ ~~~~respondent (was not /was) present at this hearing. 3. The violation con xist as of this hearing. Therefore, I Move tint f1'Board find that Mr. or Mr(s). (Respondents) (have/has) violated S~cti#~~) of the City Code and a judgment of "Guilty as a repeat offr"~~~~drdered for the record. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. RELIEF ORDER (B) FINDING OF FACT City of Winter Springs Code Enforcement Board Revision 2003-01 Motion Where Violation is f=ound to Have Reoccurred After Compliance (Guilty Repeat Offender) Corrected as of Hearing 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 th~~ard. 4. The repeat violation has been corrected as of the hearing.~~;~ ~~ '`~`~" The City of Winter Springs vs. (Respondents) Ca:; ~~~ ;After hearing ;: :~„ the sworn testimony of the Code Enforcement Offices}et~Mi~ or' itAr~s). (Respondents) ~~~ _• and reviewing the evidence presented at this hearing,.) find'~hat the Code Enforcement Officer has proven his/her case based on ~e`fol~ wing ~'~ 1. Mr. or Mr(s). {Respondents), (hav~lha~pfeviq[~sly been before the Code Enforcement Offender) Corrected as of this Hearing w.~ Board for the City of WinteSpnng~ at`ttFf'(was/ were) found "guilty" of violating Section(s) of the City ode. ~~ 2. The respondent was'p~[ Lice of this hearing as prescribed by Chapter 162.12 of the Florida..~atut~s and , the respondent (was not /was) present at this hearing. 'jl4`4Y"na 3. The r~eat`viglail~ln gf the Code did exist on the property for days, but has since ~3, - i; ben ifected ,. ~~~ _. Th~refolr~e Dove that this Board find that Mr. or Mr(s). (Respondents) (have/has) violated motion(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. RELIEF ORDER (B) FINDING OF FACT City of Winter Springs Code Enforcement Board Revision 2003-01 Motion V'Nhere Violation is f=ound 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. .~ The City of Winter Springs vs. (Respondents) Case#__-~ After Ming the sworn testimony of the Code Enforcement Officer and Mr. or Mrs Res r~d ~~ and ~ r reviewing the evidence presented at this hearing, I find that tlie~os,~forment Officer has ,~~~_ ~ ~, proven his/her case based on the following: 1. That Mr. or Mr(s). (Respondents) (was / were),provided nice ~ the Code Enforcement Officer in k42~y accordance with Section 2-59 of the City C~3de tla a violat~~of Section(s) of the City (~ Code existed. . =~ 2. The respondent was provided notice of t~ ' ,~ `prescribed by Chapter 162.12 of the Florida ~: Statutes and that the respon ;nt (vv,~s "rs) present at this hearing. 3. A violation of the Code exist ~ :the perty for days, but has since been corrected. The ~~ respondent is currerftliniirompliance. ~ . r Therefore, I move that tiiiBoa that Mr. or Mr(s). (Respondents) (have/has) violated Section(s) ,~i a( th ~ity"de and a judgment of "Guilty" be ordered for the record, and that the Board~:('ecnizes t~t the violation has since been corrected and is currently in compliance. Furth4re, the respondent(s) (is /are) hereby notified that any future violations of Section(s) ~~'~~~f~ie~ity 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. NO RELIEF ORDER FINDING OF FACT City of Winter Springs Code Enforcement Board Revision 2003-01 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 corn:ct the violation. 3. The respondent failed or refused to correct the violation. - <f~. ~~r ~~~. 4. The respondent was provided notice of the hearing befog }~the~ boar 5. The violation continues to exist as of this hearing. ~::~ .~., . .,.~ , ~ Y Y Violation is Found to Exist as of Hearing (Guilty) .. ~ The City of Winter Springs vs. (Respondents) , wa e# ~ ,After hearing the sworn testimony of the Code Enfor(reme~er and Mr. or Mr(s). (Respondents) and reviewing the evidet~de,preserat this hearing, I find that the Code Enforcement Officer has,pron his/1~er case based on the following: ~,y. 1. That Mr. or Mrs . Re .~~was /were) provided notice by the ~~~ ~. Code Enforcement;~Offi it accordance with Section 2-59 of the City ('k Code that a vial~itic of Se n(s) of the City Code existed. 2. The respor>t w ..,,pro. ided notice of this hearing as prescribed by Chapter 16-~:~.h~ Florida Statutes and that the respondent (was not / was~pres~ a~~iis hearing. ~~ 3. , TIC rponcnt was provided a reasonable time to correct the violation. ~:: ~4 ~~ , t ~spondent failed or refused to correct the violation within the time r~--, ,. vided. 5. The violation continues to exist upon the respondents property. Therefore, I move that this Board find that Mr. or Mr(s). (Respondents) shave/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. USE RELIEF ORDER (A) FINDING OF FACT _ ~ City of Winter Springs Code Enforcement Board Revision 2003-01 Il~otion 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. ~~'Y 3. The respondent was provided notice of the hearing before t;_ ~bo~ , d. 4. The violation was temporarily corrected but reoccurred p.V r t~ the `'' ~~ .~.. hearing. Hearin4 (Guiltyl `~ ~`~ ~~~N The City of Winter Springs vs. (Respondents) ~~y ~, z;e~~,~ ~ '~""'~ ,After hearing HRS~ k~.~.b the sworn testimony of the Code Enforcement Officand Mr. or Mr(s). (Respondents) ,z~`~~., .,... and reviewing the evidence presented at t#s he ing, I fed that the Code Enforcement Officer has proven his/her case based folio ng: »~ . .., 1. That Mr. or Mr(s). (Resgo end ~~ ~rere) provided notice by the Code Enforcement ~:.r Officer in accordance t'ith Se n 269 of the City Code that a violation of Section(s) of the City 2. The responnt v~+s pro ~d notice of this hearing as prescribed by Chapter 162.12 of ~. ;~~, the FI nda t end that the respondent (was not /was) present at this hearing. 3. TIC r ondenwas provided a reasonable time to correct the violation. 1a~4 ~'lation 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. RELIEF ORDER (A) FINDING OF FACT City of Winter Springs Code Enforcement Board Revision 2003-01 Motion Where a Irreparable or irreversible 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 correcf fhe violation. f. 3. The respondent was provided notice of the hearing before ~ boafd. 4. The violation has been found to be irreparable or irrever~~. The City of Winter Springs vs. (Respondents) , hearing the sworn testimony of the Code After Mr. or Mr(s). (Respondents) and reviewing the evidence premed ~t this hearing, I find that ,~,: the Code Enforcement Officer has proven hier cdse based on the following: 1. That Mr. or Mr(s). (Resgond~ets)~ :"were) provided notice by the Code Enforcement Ocet in'~dance with Section 2-59 of the City Code that a violatim of ..:~, of the City Code existed. 2. The respondent ~i~l~d notice of this hearing as prescribed by Chapter 1,. M'~ oft Florida Statutes and that the respondent (was not / z was) A n =" ' ~ ~~hearing. 3. That, a viotio of City Code is irreparable or irreversible in nature. .,~. Therore: I ~ ~ ~=tfiiat this Board find that Mr. or Mr(s). (Respondents) ~haf~~s) dated of the City Code and a judgment of "Guilt' be -y* ordered for the record. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board. USE RELIEF ORDER (C) FINDING OF FACT City of Winter Springs Code Enforcement Board Revision 2003-01 RELIEF QRDER (A) Motion Where Violation is Found to Have Existed, as of this Hearing (Guilty) 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 -ecord. 3. When the Cify asks for an order for relief or if the Board deems a r~rder is necessary. ~ -- DY . Violation is Found to Exist as of Hearing (Guilty) The City of Winter Springs vs. (Respondents) Case# "~ `"rte ,having been found "guilty° for violating Section(s) of the City.-, , o , I mode that the . ~,w respondent be given # days after notification to' ie ~iis violation of the City ~~; Code. Mr. or Mr(s). (Respondents), if you fail to corrt~ct the violation within the time provided, a fine of ($250/max) will~b~,mpolper day until compliance has been 'aS i ~ verified by a Code Enforcement Officer ft •..:it~° of Winter Springs. ~~~. Furthermore, Mr. or Mr(s). (R~`~ on~nts), any and all future reoccurrences of this ~~~.. ~~~ :, violation will be considered repeat ~ence. A repeat violation will necessitate further proceedings withooppuniCy to correct the repeat violation. The fine, for a repeat violation, will ~®~.., Per day, beginning on the first day the repeat violation ~~ . is found td exist by a"`ode Enforcement Officer. I al~o~`'e`'that theYClerk of the Code Enforcement Board be ordered to record a ~3~_ certified py,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 Resaondent 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. RELIEF ORDER (A) City of Winter Springs Code Enforcement Board Revision 2003-01 RELIEF ORQ~R (~B) Motion Where Violation is Found to Have Reoccurred After Compliance (Guilty Repeat Offenderl Reason for use: 1. Used after a "Motion where violation is found to have n:occumed after compliance (Repeat 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. ~'~:Vr 4. When the City asks for an order for relief or if the Board deems a~„lief~r~r is necessary ,,, Offender '~' °~<<; The City of Winter Springs vs. (Resaondents) Case ~'~having been found "guilty as a repeat offender" for violating Section(s,~ _ othe City Code, ~. despite a previous Relief Order of this Board. I m~rte that to respondent be given due notification that this is a repeat violation, a~d"fine of f $~00imax) be imposed per m day, as provided by Chapter 162.09(2.)~,~) ; the F "da Statutes, until compliance has ~~ been verified by a Code Enforce ~`Ili~err for the City of Winter Springs. j 4 n. Furthermore, Mr. or Mr(s). ,~ ~Res~~d~ ), any and all future reoccurrences of this repeat violation will be ~o i~y~~his Board as a blatant disrespect for the laws of our city. A repeat~'viola~on wecessitate further proceedings without the opportunity to correct the repeat vt~lati~n. The fine, for a another repeat violation, will be ($500~/rr~x) ,. per,~lay, beginning on the first day the repeat violation is found to exist b}r~si~od+~orcement Officer. I also move'"that the Clerk of the Code Enforcement Board be ordered to record a certified copy of this Order into the public records for Seminole County, Florida. If the Resaondent is Present: Let the record also reflect that the Respondent is present at this hearing and has heard the order of this Board, I move that the Respondent be deemed to have received notification of this order immediately. RELIEF ORDER (B) City of Winter Springs Code Enforcement Board Revision 2003-01 RELIEF ORDER (G) Motion Where Irreparable or Irreversible Violation is Found to Have Existed, as of this Hearing (Guiltyl Reason for use: 1. Used after a "Motion where violation is found fo have existed as of this hearing" has been read and passed by a majority vote. 2. Used when a "guilty" order has been read for the record. 3. When the Cify asks for an order for relief or if the Board deems a ,~Iref order is necessary. - .. ,mow, 4. The Board finds the violation to be irreparable or irreversible mat. The City of Winter Springs vs. (Respondents) , found "guilty" for violating of the City Code, p ~ deemed by this Board to be irreparable or irreversi in ~~ respondent be fined in the amount of ($~ ax Furthermore, violation will be considered a such. ,<; ~" having been t'ch has been move that the within (# of days) . all future reoccurrences of this nd will be looked upon by this Board as I also move that the ClerkT~~;'I°t8 l Enforcement Board be ordered to record a certified copy of tf~y °J r r into;~t'~e public records for Seminole County, Florida If the Respinde istr~ esent: ;;~ Let tl_,record a~lect that the Respondent is present at this hearing and has heard ~~ the oiler pf s Board, I move that the Respondent be deemed to have received notification of this order immediately. RELIEF ORDER (C) Proposed Agenda Format change Reason for change: To make it easier to follow the procedures which take place during a Code Enforcement Board Meeting. I. Call to Order Roll Call Pledge of Allegiance Swearing in of Witnesses Agenda Changes II. Consent Agenda Approval of Regular Meeting Minut~~;~ r,~ III. Public Hearings A. Continued Cases B. Repeat Offenders C. New Cases 15 Main nZ~O OF ~.,. k a IV ~enc~~ Items '~l. ~w Business VI. Public Input ~, ended grass and weeds) .VICE DATE OF SERVICE VII. Confirmation of Next Meeting Date and Time VIII.Adjournment . ~ ~ . SAMPLE PAGE IX. Call to Order Roll Call Members Present Excused Members Present 8z Sworn Others Present Pledge of Allegiance Swearing in of Witnesses Those who are sworn Agenda Changes X. Consent Agenda Approval of Regular Meeting Minutes _,~ _ XI. Public Hearings K, A. Continued Cases B. Repeat Offenders C. New Cases - CASE#04-00222 -~~ 15 Main° ~ .: ( R ATIONS) S ~ -2 (11~-attended grass and weeds) 'SERVICE DATE OF SERVICE ,: XII , ~gen ems ~~ C~~w Business ~;. XIV. Public Input ~. ;~~., ~, ~.-1 ;~~ XV. Confirmation of Next Meeting Date and Time XVI. Adjournment