HomeMy WebLinkAbout2011 10 18 Public Hearing 502.15 Order of the Code Enforcement Board� tNT � R SA
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THE CITY OF WINTER SPRINGS,
A Florida municipal corporation,
Complainant,
v
Edmund Fraser
100 Blue Creek Drive
Winter Springs, Florida 32708
Respondent,
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
TELEPHONE: (407) 327-1800
FACSIMILE: (407) 327-4753
WEBSITE: www.winterspringsfl.org
CODE ENFORCEMENT BOARD
CITY OF WINTER SPRINGS, FLORIDA
Case #11-0026999
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 October 18, 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
Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds:
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) 13-2. Stagnant Pool and Section(s) 6-195. Fence In Disrepair 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;
4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit:
Section(s) 13-2 Stagnant Pool and Section(s) 6-195. Fence In Disrepair 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.
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CASENUMBER 11-0026999
OCTOBER 18, 2011
PAGE 2 OF 2
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED:
and
Respondent be given until November 1, 2011, to correct the violation(s) of the City Code on the Property;
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 TWO HLINDRED
DOLLARS ($200.00) per day 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.
DONE AND ORDERED at Winter Springs, Florida, this 24th day of October, 2011.
CODE ENFORCEMENT BOARD OF THE
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Copies furnished to: CERTIFIED MAIL 7010 3090 0002 6040 1661
Edmund Fraser, 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. s been
fy�rnis d by certified mail to the Respondent (s) and/or Respondent's authorized representative on this day of
- , 2011.
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fJ n L. Brown, Board Secretary
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