HomeMy WebLinkAbout2011 06 21 Public Hearings 502.15 Order Of The Code Enforecment BoardCITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708 -2799
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CODE ENFORCEMENT BOARD
CITY OF WINTER SPRINGS, FLORIDA
THE CITY OF WINTER SPRINGS, Case #11- 0025836
A Florida municipal corporation,
Complainant,
kv
Jimmy L. Vessels
Owner of the Property located at:
239 Oak Road
Winter Springs, Florida 32708
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the Code
Enforcement Board of the City of Winter Springs, Florida, on June 21, 2011 to determine whether any
violations of the City of Winter Springs Code of Ordinances ( "City Code ") exist or existed on the Property.
The Board, having heard the arguments of the parties and the evidence and testimony presented, and having
reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of
Law are incorporated into this Order as set forth herein.
Findings of Fact and Conclusions of Law
finds:
Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board
1. That Respondent was provided a Notice of Violation in accordance with Section 2 -59 of
the City Code and consistent with sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section(s) IPMC 304.9. Overhang Extensions — Rotten Fascia, as
Adopted by Section 6 -300 of the City Code exist(s) or existed upon the Property and that Respondent was
further provided a reasonable time to correct said violation(s);
3. That Respondent either failed or refused to correct such violation(s) within the reasonable
time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before
the Code Enforcement Board and was not present at the hearing;
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CASE #11- 0025836
JUNE 22, 2011
PAGE 2 OF 3
4. That based on the testimony and evidence presented, Respondent has violated the City
Code, to wit: Section(s) IPMC 304.9. Overhang Extensions — Rotten Fascia, as Adopted by Section 6 -300
of the City Code;
5. That said violation(s) exist(s) or existed within the City of Winter Springs and that such
constitute(s) violation(s) of the City of Winter Springs Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
Property; and
Respondent be given until July 6, 2011, to correct the violation(s) of the City Code on the
2. If Respondent fails to correct the violation(s) within the time period set forth herein, the
Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and
Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status
of the violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property
remains in violation, a fine will be immediately entered upon a filing of a Notice of Non - Compliance by the
Code Enforcement Officer, in the amount of ONE HUNDRED DOLLARS ($100.00) for the first day
and ONE HUNDRED DOLLARS ($100.00) per day thereafter until the violation(s) is /are corrected and
full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide
notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the
Code Enforcement Officer shall promptly file a Notice of Compliance;
3. 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;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been
corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily
providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board,
upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars
($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found
to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary action against the
Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance
with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2.
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CASE # 11-0025836
J[JNE 22, 2011
PAGE 3 OF 3
DONE AND ORDERED at Winter Springs, Florida, this 22" day of June, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS, FLORIDA
1 � � .
��� .
Hugh Fish ice Chairtnan � ` '
_ � .-
Copies furnished to: CERTIFIED MAIL 7008 1 140 008y �49� 0557 _
�
Jimmy L. Vessels, Respondent �
City of Winter Springs, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First
Violation has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized
representative on this � day of �_, 2011.
Gayle C ant, Board Secretary