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HomeMy WebLinkAbout2011 07 19 Public Hearings 503.1CODE ENFORCEMENT BOARD AGENDA ITEM 503.1 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. ( ! ri ksTei SA 'A u '� G) CITY OF WINTER SPRINGS, FLORIDA I ncorp or i959 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 �LORIDP' TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 11- 0025197 CERTIFIED: 7007 0710 0002 6660 3597 OWNER: Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section IPMC 304.2. Exterior Wall — Peeling The City of Winter Springs versus Kathryn A. Fairchild, Case Number 11- 0025197. 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 IPMC 304.2. Exterior Wall — Peeling, as Adopted by Section 6 -300. 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- 0025197 has Violated Section IPMC 304.2. Exterior Wall — Peeling, as Adopted by Section 6 -300. 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 11-0025197 May 18, 2011 PAGE 2 OF 2 RELIEF ORDER: The City of Winter Springs versus Kathryn A. Fairchild, Case Number 11- 0025197 having been found `Guilty' for Violating Section IPMC 304.2. Exterior Wall — Peeling, as Adopted by Section 6 -300. 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. This 18 day of May, 2011. F Hugh Fi r, Vice Chairman Code Enforcement Board City of Winter Springs til i ilt'll titl {'I 11 II Ii1�flt'•il�1 UNITED STATES POiiii i S tv�kl� I . i 1 ! post g & Fees Paid USPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box • e artment Winter Springs police D p Cpde En forcemeat 'Bureau 30o Nort Moss Th Winter Springs FL 327os , I t-009• OA (e ■ 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. �, y gent • Print your name and address on the reverse X )(ut ��� ( Addressee so that we can return the card to you. B. Received by (Printed Name) J C. Dat of Delivery • Attach this card to the back of the mailpiece, y� or on the front if space permits. i f I lr' it) I Ala() S v D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: C t ri 0, 4 I 8 C LN O 3 //� 3. service — 3124151 JV 357 tified Mail ❑ Express Mail 4j (fl ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 0710 0002 6660 3597 (Transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -1540 U.S. Postal Service,,, CERTIFIED MAIL, RECEIPT r` (Domestic Mail Only; No Insurance Coverage Provided) 0 .. Ln For delivery information visit our website at ww.'i,usps..omo m o - t - l" Postage $ ` �� #i '4 . V/;1 f r `rtified Fee ���� �� ru Return Receipt Fee Postmark O (Endorsement Required) , ♦ � � ► � Here 0 Q . Restricted Delivery Fee co ci (Endorsement Required) Iii ? ra r`- Total Postage & Fees rallir O _ Sent T ,+ /_ - - r / O Street, A �( (� r,_ or PO Box No. Wail City, State, ZIP +4 5 • 3e7 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- 0025197 PETITIONER, ADDRESS: 1 146 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 , 20, I ,AT THE CITY HALL, 1126 EAST STATE ROAD 434. WINTER SPRINGS. FLORIDA, THE CITY OF WINTER SPRINGS CODE ENFORCEmtNT 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 1 146 Pheasant Circle Winter Springs, FL 32708 CITY CODE SECTION VIOLATED: IMPC 304.2 DESCRIPTION OF VIOLATION: Protective treatment (paint) peeling from exterior walls DATE VIOLATION WAS FIRST OBSERVED February 17, 2011 UNLESS YOU (I I CORRECT THIS VIOLATION BY: Three (3) 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 PLEASE GOVERN YOURSELF ACCORDINGLY 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 VVERBATLM 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 aHE CITY CODE AS STATED ABOVE. DATED THIS 24 DAY . i i ` SI 7 OF CODE INSPECTOR I OF June , 201 1 Christi Flannigan ENCLOSED: _ 1 m n�� TYPED OR PRINTED NAME OF CODE INSPECTOR 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 1 1 CERTIFIED. DELIVERED BY 7011 0470 0003 6316 2834 & first class RECEIVED BY PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD WSPD 115 REV 3.10 -IN) U.S. Postal Service,. CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) co fL For delive information visit our website at www.usps.com,, , ..0 m �`� a✓ ! sta ge . « Ct�g 1 2 � 1 ,� 0 m Certified Fee _ l ' R 02. (J( l9 Sp os t mar k Return Receipt Fee W Here l: (Endorsement Required) 7 D Restricted Delivery Fee II m (Endorsement Required) N '3 Total Postage & Fees EISEM O Sent lip � nh` rq p or pt. PO, Box No . (�- ✓t(�) 1,1,1c 1,1 or PO . �V / i L c k ' -- }�, I City, State, Z /P +4 K AA PS Form 3800, Au • ust 2006 See Reverse for Instructions