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Home My WebLink About2010 07 20 Public Hearings 502.11 WS-1, WS-2, WS-3Date: July 20, 2010 The following presentation was shown to the Code Enforcement Board during Public Hearings — New Cases Agenda Number "502.6" by Inspector Butch West on July 20, 2010: Evidence: WS -1 Code Enforcement Bureau V �l v FL OR �A uv v � City of Winter Springs Code Enforcement Board Case Number 10- 0022797 1172 Orange Ave Maria and Luis Esteves Section 6 -217 (No Pool Enclosure) Inspector- Butch West Property Posted July 10, 2010 Code Enforcement Bureau y FL OR �A u v ,Sec. 6 -217. Enclosure required. All swimming pools must be enclosed by screen enclosure, fence or wall of a minimum height of five (5) feet. The fence or wall shall be constructed in such a manner so as not to be easily climbed and not affording any external handholds or footholds on the outside. Gates shall be same height as the fence or wall and equipped with aself- closing and self- latching closure mechanism at a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool is unattended. (Code 1974, §§ 5 -128, 5- 143(h); Ord. No. 426, §§ 1, 2, 9 -26- 88) Code Enforcement Bureau V �l v FL OR �A uv v � • This Violation was first observed on May 6, 2010. The notice of code violation was mailed to the owner of the property. • The property failed re- inspection on 06/16/10, 06/25/10, 06/30/10, 07/01/10, 07/06/10, 07/11/10, 07/15/10 and 07/19/10. • Notice of Violation was sent via certified mail to Maria and Luis Esteves on 7 June, 2010. Mr. Esteves signed the Return Receipt on 28 June, 2010. Code Enforcement Bureau y FL OR �A u v On 6 May, 2010, 1 was on a routine patrol when I noticed this residence was for sale and appeared to be vacant. I walked to the rear of the residence and observed the swimming pool had no enclosure nor was the property fenced as required by the code. After notices had been made to the owner and it appeared that nothing was being done to correct the problem, I began trying to contact the real estate agent and eventually spoke with a Ms Martinez, the proprietor of Property Consultants, who said she thought the problem had been corrected. Ms Martinez identified Mr. Jose Castro as her agent for the property. After I made several attempts to contact Mr. Castro at the numbers provided by Ms Martinez she advised that she would contact Mr. Castro and instruct him to call me immediately. Code Enforcement Bureau y FL OR �A u v On 25 June, 2010, Mr. Castro appeared at the Winter Springs PD and met with Code Enforcement Officer Wagner who explained that the lack of a proper pool barrier was a serious matter which needed to be corrected immediately for the health and safety of the community. Mr. Castro said he understood the seriousness, that he intended to purchase orange plastic construction fence to secure the pool and spa area and he would do so within the next three or four days. Mr. Castro advised that he would contact Code Enforcement for re- inspection when the barrier was in place. On 30 June, 2010, having not heard from Mr. Castro, I re- inspected the property and found that it was still not in compliance. Code Enforcement Bureau y FL DID u v Also on 30 June, 2010, 1 contacted Mr. Mike Scheraldi in Building and Plans for the city of Winter Springs who advised that the original construction permit issued in 2007 required a pool barrier per the code. On 1 July, 2010, with the property still not in compliance and after repeated attempts to contact Mr. Castro and /or Ms Martinez, I decided to go forward with code board action. On 6 July, 2010, 1 was finally able to contact Ms. Martinez who advised she thought Mr. Castro had taken corrective action. I told her I was preparing board action but I would rather see the property be brought into compliance voluntarily. Code Enforcement Bureau y FL OR �A u v On 8 July, 2010, Mr. Castro met with CEO Wagner at the Winter Springs PD who advised he was working with the bank to obtain a purchase order for the temporary barrier. Mr. Castro could not provide a time -frame when he expected the property to be in compliance. As of this date, 21 July, 2010, the property is still not in compliance with the code and, in my opinion, presents a serious health and safety hazard to the community. Code Enforcement Bureau y FL OR �A u v • On 10 July, 2010, Notice of Code Board Hearing was posted on the front door of the property. • This property is still in non - compliance as of today, 21 July, 2010. • We are asking for finding of fact and relief. Date: July 20, 2010 The following documents were distributed by Inspector Butch West during Public Hearings — New Cases Agenda Number "502.11" at the Code Enforcement Board Meeting on July 20, 2010: Evidence Exhibits: WS -2 WS -3 UNITED STATES POSTAL SERVICE ' 1, '" 4 ' `FII 5 Mail • liTigNiruirilIC l' ' / 1"''' 4 4 I " 1 . Postage 5 1 F ees Pal: IJSPS ,. • tr .,, 14 4 ‘4, , , , t '4 ; 4 '; ": 4 : t' ' fi : ''' 4t4:‘,. ^ 'Pe 4 ' 4... . ' • Sender: Please print your name, -- : Winter prings Police Department Code Enforcement Bureau 300 North Moss Road Winter prings, , 32708 /0 - 7i 7 C&tf ■A' 3 :14ZI •] 1:I��iJ 111*rMr :m i elL•.kv∎ W • A•>4W.r•]v»1R4 ■ Complete items 1, 2, and 3. Also complete A. Signatu item 4 if Restricted Delivery is desired. / ❑Agent • Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by (Printed Name) C. to f Delivery • Attach this card to the back of the mailpiece, u L• ' S C S tx v >c " < � � 9 f or on the front if space permits. .._�! D. Is delivery address different from item 1? . ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No //, (,O (14 6 ) :. 3. Service T 4; 1 �/� led Mail ❑ Express Mail )/(/' ❑ Registered ❑ Return Receipt for Merchandise %'� ❑ Insured Mail ❑ C.O.D. ✓ 14. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 0290 0001 1969 8799 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595- 02- M -154o • IP AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as; 1112 ORANGE AVENUE was posted on JULY 10, 2010 in accordance with Florida Statutes Chapter 162 44 Code Inspector Sworn to and subscribed before me this 10Th day of JULY , 010, Butch West, Police /Code Enforcement Specialist of the City of Winter Spri gs, FL and who is personally know to me. 5_,__ :..1 , •uslic '''.. It 724 /2,e/3 My Commission Expires: Notary Public State of Florida V_ Vivian S Poyser 4 ,• My Commission DD942948 ' 'l o, Exp 11/29/2013