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Home My WebLink About2011 07 19 Public Hearings 503.4CODE ENFORCEMENT BOARD AGENDA ITEM 503.4 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. (rp1T @ CITY OF WINTER SPRINGS, FLORIDA u Incorporated %9 1126 EAST STATE ROAD 434 A•LOF2tDP 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- 0025201 CERTIFIED: 7007 0710 0002 6660 4792 OWNER: Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. Stagnant Pool The City of Winter Springs versus Kathryn A. Fairchild, Case Number 11- 0025201. 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 13 -2. Stagnant Pool 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- 0025201 has Violated Section 13 -2. Stagnant Pool 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. ■ OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 11- 0025201 May 18, 2011 PAGE 2 OF 2 RELIEF ORDER: The City of Winter Springs versus Kathryn A. Fairchild, Case Number 11- 0025201 having been found `Guilty' for Violating Section 13 -2. Stagnant Pool 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 two hundred, fifty dollars ($250.00) 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. I Hugh Fis -', Vice Chairman Code En ercement Board City of Winter Springs UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box • Winter Springs 'police Department Code Enforcement Bureau 300 North Moss Road Winter Spri }L 32708 ( 6 0c, ,9n1 gelicP i , t li tt ,itiit, Dili, tt i,l i3t titifithttliili , tlli , ttiit „ ttltl i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. I tAgent • Print your name and address on the reverse X .4 .1 A ) u ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, l• / 1 w : l u s'-3 or on the front if space permits. D. Is delivery address different from item 1? � ❑ � Yes l 1. Article Addressed to: If YES, enter delivery address below: 0 K ee.111111Y1 11 . � ` � 3 i 0 3. Service Type W j9 )tle,leds , i'n lr' Sp si I ed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7007 0 710 0002 6 6 6 0 4792 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 U.S. Postal Service ... CERTIFIED MAILL, RECEIPT n1 (Domestic Mail Only; No Insurance Coverage Provided) • Er I For delivery information visit our website at www.usps.com,; D r `►� r ( �' Postage $ -k. 7 RfAi 08 bs 3 /U/ Certified Fee / .21 6 4 In ru Post rk D U 4 f f Return Receipt Fee 2,3 ` e 1 \ I D (Endorsement Required) D Restricted Delivery Fee D (Endorsement Required) r- Total Postage & Fees $ lir (JgP D Sent To V / ti 11. n r,-- (nJer yt 1 . D Street, Apt. No.; , , D A or PO Box No. 403 1/Y` (a J City, State, ZIP +4 PS Form 3800, August 2006 See Reverse for Instructions CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0025201 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 IN 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 13 - DESCRIPTION OF VIOLATION: Stagnant Pool DATE VIOLATION WAS FIRST OBSERVED: February 17, 2011 UNLESS YOU: (I) CORRECT THIS VIOLATION BY: Immediately after 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. PL _ A V •_■ Y • • _ _F A • • • IN LY. 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 V VERBATIM 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. //�•D %�( /- �-'- /� DATED THIS 24 DAY l J E Q J ' SIGNA R OF CODE IN T OF June , 2011 Christi Flannigan TYPED OR PRINTED NAME OF CODE INSPECTOR ENCLOSED: 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 ,20 11 CERTIFIED.DELIVERED BY 7011 0470 0003 6316 2773 & first class RECEIVED BY: PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD WSPD 115 REV. 3 -10 -00 • U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT C3 c1:1 (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Il-DO ru -13 I It a ge $ it m -13 CO Certified Fee Win ,0!-. • Q 10tmaill1 F2 Return D Receipt Fee i rik (") 0 fle0000 (Endorsement Required) 40 Restricted Delivery Fee Mk (Endorsement Required) ,0S Total Postage & Fees ENIMI1 uSi flfECI Sent T1/40 Ed 1=1 Street, t. o.; r , or PO Box No. Ca yytl j City, State, ZIP+4 la lb .1 X PS Form 3800, August 2006 See Reverse for Instructions