HomeMy WebLinkAbout2011 07 19 Public Hearings 503.3CODE ENFORCEMENT BOARD
AGENDA
ITEM 503.3
July 19 2011
Regular Meeting
REQUEST:
I Informational I I
I Consent I I
Public Hearings X
Regular
The Code Enforcement Board is requested to review this Agenda Item.
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( G' CITY OF WINTER SPRINGS, FLORIDA
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t"c"I'° 1126 EAST STATE ROAD 434
P. `OR`o P WINTER SPRINGS, FLORIDA 32708 -2799
TELEPHONE: (407) 327 -1800
FACSIMILE: (407) 327 -4753
WEBSITE: www.winterspringsfl.org
ORDER OF THE CODE ENFORCEMENT BOARD
CASE NUMBER: 11- 0025200
CERTIFIED: 7007 0710 0002 6660 3573
OWNER: Kathryn A. Fairchild
1146 Pheasant Circle
Winter Springs, Florida 32708
Section 6 -195. Fence In Disrepair
The City of Winter Springs versus Kathryn A. Fairchild, Case Number 11- 0025200. After
hearing the sworn Testimony of the Code Enforcement Officer and reviewing the Evidence
presented at this Hearing, I find that the Code Enforcement Officer has proven this Case based
on the following:
FINDING OF FACT:
That the Respondent was provided Notice by the Code Enforcement Officer in accordance with
Section 2 -59. of the City Code and that a Violation of Section 6 -195. Fence In Disrepair of the
City Code existed.
1. The Respondent was provided Notice of this Hearing as prescribed by Chapter 162.12 of
the Florida Statutes and that the Respondent was not present at this Hearing.
2. The Respondent was provided a reasonable time to correct the Violation.
3. The Respondent failed or refused to correct the Violation within the time provided.
4. The Violation continues to exist upon the Respondent's property.
Therefore, I Move that this Board find that Kathryn A. Fairchild, Case Number 11- 0025200
has Violated Section 6 -195. Fence In Disrepair 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.
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER 11- 0025200
May 18, 2011
PAGE 2 OF 2
RELIEF ORDER:
The City of Winter Springs versus Kathryn A. Fairchild, Case Number 11- 0025200 having
been found `Guilty' for Violating Section 6 -195. Fence In Disrepair of the City Code, I Move
that the Respondent corrects this Violation before 1:00 p.m. on June 2, 2011.
If the Respondent fails to correct the Violation within the time period, a Fine of one hundred
dollars ($100.00) will be imposed per day until Compliance has been verified by a Code
Enforcement Officer for the City of Winter Springs. The Respondent is further Ordered to
contact the Code Inspector to verify Compliance with this Order.
SERIOUS THREAT:
I find that the Violation constitute a serious threat to the public health, safety and welfare and in
the event the Respondent does not correct the Violation by the date set in this Order, the City
Commission shall be notified and appropriate action should be taken by the City to bring the
property into Compliance. The City is entitled to recover its reasonable costs of such services.
This 18 day of May, 2011.
Hugh Fi -r, Vice Chairman
Code Enforcement Board
City of Winter Springs
UNITED STATES POSTAL SERVICE First -Class Mail
Postage & Fees Paid
USPS
Permit No. G -10
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Code Enforcement Bureau
300 North Moss Road
Winter Springs, FL, 32708
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4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7007 0 710 0002 6 6 6 0 3573
PS Form 3811, February 2004 Domestic Retum Receipt 102595 -02 -M -1540
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CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD, COMPLAINT NO: 1 1- 002 5200
PETITIONER, ADDRESS: 1146 Pheasant Circle
v. Winter Springs, FL 32708
Kathryn A. Fairchild
RESPONDENT,
STATEMENT OF VIOLATION AND NOTICE OF HEARING
PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 19 DAY OF July , 2041, AT THE CITY HALL, 1126 EAST
STATE ROAD 434, WINTER SPRINGS, FLORIDA, THE CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD WILL HOLD A HEARING
TO DETERMINE WHY YOU SHOULD NOT BE FOUND TN VIOLATION OF THE CITY CODE AS FOLLOWS:
LOCATION /ADDRESS WHERE VIOLATION EXISTS: 1146 Pheasant Circle Winter Springs, FL 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD.
Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, FL 32708
NAME AND ADDRESS OF RESIDENT /PERSON OF RECORD
Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, FL 32708
CITY CODE SECTION VIOLATED: Section 6 - 195
DESCRIPTION OF VIOLATION Fence in disrepair
DATE VIOLATION WAS FIRST OBSERVED: February 17, 2011
UNLESS YOU (1) CORRECT THIS VIOLATION BY Ten (10) days after this notification AND (2) CONTACT
THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THE CITY CODE, THIS CASE WILL BE BROUGHT BEFORE THE CODE
ENFORCEMENT BOARD ON THE DATE GIVEN ABOVE.
IF THE BOARD FINDS YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE, YOU MAY BE FINED UP TO TWO HUNDRED AND
FIFTY DOLLARS ($250.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES, BE CHARGED COSTS INCURRED BY THE CITY IN
PROSECUTING THIS CASE AND IF SUCH FINE AND COSTS ARE NOT PROMPTLY PAID, MAY RESULT IN A LIEN AGAINST YOUR
PROPERTY, PURSUANT TO FLORIDA STATUTES SECTION 162.09.
THIS HEARING SHALL BE CONDUCTED PURSUANT TO SECTION 2-60 OF THE CITY OF WINTER SPRINGS, FLORIDA, AND FLORIDA
STATUTES CHAPTER 162. YOU HAVE A RIGHT TO APPEAR IN PERSON OR BY AUTHORIZED REPRESENTATIVE. YOU HAVE A RIGHT TO
PRESENT EVIDENCE, EXHIBITS, AND WRITTEN OR ORAL TESTIMONY. THE CODE BOARD WILL SUBPOENA WITNESSES IN YOUR
BEHALF UPON WRITTEN PETITION TO THE BOARD P AE A I REF • I•1 M
IF YOU DESIRE TO APPEAL THE ORDER OF THE CODE ENFORCEMENT BOARD, YOU WILL NEED A RECORD OF THE PROCEEDINGS.
FOR THIS PURPOSE YOU MAY, AT YOUR EXPENSE, ARRANGE FOR A VVERBATIM TRANSCRIPT OF THE TESTIMONY AND EVIDENCE
PRESENTED AT THE HEARING.
YOU ARE HEREBY ADVISED THAT YOU OR YOUR AUTHORIZED REPRESENTATIVE MUST ATTEND THE CODE BOARD
HEARING. OTHERWISE, IF YOU FAIL TO ATTEND IN PERSON OR BY REPRESENTATIVE, YOU MAY LOSE YOUR RIGHT TO A
HEARING AND THE CODE BOARD MAY ORDER A DEFAULT BE ENTERED AGAINST YOU FINDING YOU IN VIOLATION OF THE
CITY CODE AS STATED ABOVE. 1r (/. ^ /�� q f jq ^ \ )
DATED THIS 24 DAY _AAAdt •- ( /lir��.� 0,
SIGNATURE OF CODE W PECTOR U
OF June , 201 1
Christi Flannigan
n TYPED OR PRINTED NAME OF CODE INSPECTOR
ENCLOSED: _ � _4 `P I
Code Enforcement
CITY DEPARTMENT
407 - 327 - 1000 ext. 466
TELEPHONE NUMBER OF OFFICE OF CODE INSPECTOR
I CERTIFY A CODE OF THIS DOCUMENT WAS SERVED BY HAND DELIVERY/ ✓ CERTIFIED MAIL THIS 24 DAY OF
June , 2 0 I I .
CERTIFIED. DELIVERED BY 7011 0470 0003 6316 2729 & first class
RECEIVED BY
PRINTED NAME
RELATIONSHIP TO PROPERTY OWNER OF RECORD
WSPD 115 REV. 3 -10-00
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