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HomeMy WebLinkAbout2011 05 17 Public Hearings 503.1 Order Of The Code Enforecment Board CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #06-0011389 A Florida municipal corporation, Complainant, CERTIFIED: 7007 0710 0002 6660 4778 V. RUTH PARHAM, c/o Faithanne Snell Owner of the Property located at: 902 Gazell Trail Winter Springs, FL 32708 Respondent, / AMENDED ORDER THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on May 17, 2011 to determine whether any violation of the City of Winter Springs Code of Ordinances exists or existed on the Property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findin�s of Fact and Conclusions of Law Based upon the evidence and testimony presented at this Hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-59. of the City Code and pursuant to Section 162.12., Florida Statutes; 2. That violations of Section 13-2., Junk, of the City Code, existed upon the Property and that Respondent was further provided a reasonable time to correct said violations; 3. That Respondent either failed or refused to correct such violations within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the Hearing before the Code Enforcement Board and was not present at the Hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 13-2., Junk; 5. That said violations continue to exist within the City of Winter Springs and that such violations constitute violations of the City Code; 6. That Respondent has previously been before the Code Enforcement Board and was found by Order of the Code Enforcement Board dated March 21, 2006 to be in violation of Section 13-2., Junk, of the City Code. Case #06-00 1 1 3 89 7. That said Order imposed a fine of $250.00 per day for each day the violations reoccurred on Respondent's property. 8. That the evidence presented at the Hearing properly demonstrates that the violations reoccurred on Respondent's property on 33 individual days. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, TT IS HEREBY ORDERED: 1. That a fine of Eight Thousand Two Hundred Fifty and no/100 Dollars ($8,250.00) be imposed. 2. That Respondent be given seven (7) business days after receipt of this Order to correct the violations on the Property; and 3. That if Respondent fails to correct the violations within the time period set forth herein, the fine be immediately increased to $500.00 per day until the violations are corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violations being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 4. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 5. Respondent shall also be responsible for costs incurred by the City of Winter Springs, consistent with Section 162.09., Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Winter Springs or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfaze. 6. The Code Enforcement Boazd hereby reserves the right to take further necessary action against the Respondent to enforce this Order and correct any violation(s) on the Respondent's properly, in accordance with Section 162.09., Florida Statutes, and the City Code. DONE AND ORDERED at Winter Springs, Florida, this 17`� day of May, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF WIIJTER SPRINGS, FLORIDA , ` � Hugh Fishe ice Chairman I hereby certify that a true and correct copy of the above and foregoing Amended Order has been furnished by certified mail to the Respondent (s) andlor Respondent's authorized counsel on this �C a` day of M�4 , 2011. 9�� C ��e- Gay e Co tant, Board Secretary