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Home My WebLink About2011 11 15 Public Hearing 503.2CODE ENFORCEMENT BOARD AGENDA ITEM 503.2 November 15, 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. NOTICE OF CODE VIOLATION City of Winter Springs, Florida Winter Springs Police Department To: RESIDENT /PROPERTY OWNER ADDRESS: / / / 6 106114.114 This is to make you aware that the following condition is a violation of the requirements of the Code of the City of Winter Springs, FL, ❑ ACCUMULATION OF TRASH AND DEBRIS: 13 -2 Remove trash and debris from property. ❑ BOAT /RV /TRAILER STORED IN FRONT YARD: 20-441/20-431 Required to be stored behind front line of structure. ❑ BUILDING CODE VIOLATION: 6 -165 Repairs required to conform to building code. ❑ COMMERCIAL USE OF RESIDENTIAL AREA: 20- 432/20 -434 Remove commercial vehicle or equipment/ discontinue business without proper permit. / FENCE IN NEED OF REPAIR: 6 -195 Repair, replace. ❑ INOPERABLE /UNLICENSED VEHICLE: 12 -53 Repair, store in garage or remove from property . ❑ OVERGROWN YARD: 13 -2(c) Cut and maintain yard, remove yard waste. ❑ PARKING VIOLATION: ❑ Parking on the street is prohibited. 12 -65 ❑ Parking on front yard. Designated parking area. 20 -439 ❑ POOL: ❑ Stagnant Pool. 13 -2(b) ❑ No pool enclosure. 6 -217 ❑ UNPERMITTED CONSTRUCTION: 6 -46 Obtain permit from Building Department. ❑ OTHER: COMMENTS: PLEASE CORRECT VIOLATION ON OR BEFORE: Cb�-� If you have any questions on the proper remedy for this violati , please contact the listed inspector. (407) 327 -1000 Ext: INSPECTOR: 0_,F10-vv, DATE:, V9' f/ Event Numberz% 6 1 Onc4903a(C Doi VV : t //-005-792 . SP018, 1 POLICE WINTER SPRINGS POLICE DEPARTMENT v� ROPILY �,) 300 North Moss Road • Winter Springs, FL 32708 '6 L!' j Business (407) 327 -7999 • Fax (407) 327 -6652 I Kevin P. Brunelle Chief of Police I April 14, 2011 Wesley L. Smith P. 0. Box 470353 Lake Monroe, FL 32747 Re: Case 11- 0025742, 111 Elderwood Street Notice of Code Violation An inspection on March 29, 2011 of above mentioned property noted the following violation(s) of Winter Springs City Code(s) /Ordinance(s): Fence in Disrepair Section 6 -195 Please correct these violations by: Must repair fence within ten (10) days after notification to repair fence. Failure to correct the violation(s) and to notify the Winter Springs Police Department of said corrections by the date will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day per violation for every day that you remain in violation. Sincerely, Ct :C6.sw-Ifc41 Christi Flannigan Police /Code Enforcement Specialist vp Enclosures: City Ordinances 6 -195 Certified Mail: 7011 0470 0003 3229 0223 *Note: If repairs are over $100.00 a permit is required to complete the fence.* oo ss, O CO . ,,-.r -, . C.A.L.E.A. and 1. 131-0 .- State of Florida Accredited Agency i• • CITY OF WINTER SPRINGS. FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS. FLORIDA CODE ENFORCEMENT BOARD. COMPLAINT NO 11-0025742 PETITIONER. ADDRESS: III Elderwood St. v. Winter Springs. FL 32708 Wesley L. Smith. RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 7:00 P.M, ON THE 19 DAY OF July , 2011 AT THE CITY HALL, 1 126 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: I 1 I Elderwood St. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Wesley L. Smith P.O.Box 470353 Lake Monroe. FL 32747 NAME AND ADDRESS OF RESIDENT /PERSON OF RECORD , Wesley L. Smith P.O.Box 470353 Lake Monroe, FL 32747 CITY CODE SECTION VIOLATED: Section 6 - 195 DESCRIPTION OF VIOLATION: Fence in disrepair DATE VIOLATION WAS FIRST OBSERVED: March 29, 2011 UNLESS YOU (II CORRECT THIS VIOLATION BY Ten (10) days from this notification AND (21 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 VVERBATIM TRANSCRIPT OF THE TESTLMONY AND EVIDENCE PRESENTED AT THE HEARING YOU ARE HEREBY ADVISED THAT YOU OR YOUR AUTHORIZED REPRESENTATIVE MIST 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. DATED THIS 27 DAY / SIGNATURE OF O E INSPECTOR OF June , 20 II Christi Flannigan TYPED OR PRINTED NAME OF CODE INSPECTOR ENCLOSED: 7011 0470 0003 6316 2735 & 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 27 DAY OF June , 20 11 CERTIFIED.DELIVERED BY 7011 0470 0003 6316 2735 & First Class RECEIVED BY'. PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD WSPD 1)5 REV 3 -11500 • ` ��t�iTE'1� S A o�--- �. _-s\�, � '",• � CITY OF WINTER SPRINGS, FLORIDA u � ' �ncurpo�ated 1126 EAST STATE ROAD 434 �� WINTER SPRINGS, FLORIDA 32708-2799 '�`�`�— ` p= TELEPHONE: (407) 327-1800 LORIC� FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #11-0025742 A Florida municipal corporation, Complainant, v. Wesley L. Smith Owner of the Property located at: 111 Elderwood Street 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 July 19, 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. Findin�s 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) 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; CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 11-0025742 JULY 20, 2011 PAGE 2 OF 3 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until August 9, 2011, to correct the violation(s) of the City Code on the Property; and 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) 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. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 11-0025742 JULY 20, 2011 PAGE 3 OF 3 DONE AND ORDERED at Winter Springs, Florida, this 20` day of July, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA � L ra- ood, hairperson Copies furnished to: CERTIFIED MAIL 7010 1870 0000 5393 2154 Wesley L. Smith, 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 �c`�' day of ��l}e , 2011. Z �. �"�"�`►�-�-- Gayle utant, Board Secretary U.S. Postal Service... CERTIFIED MAIL. RECEIPT LLr7 (Domestic Mail Only; No Insurance Coverage Provided) r-R rU For delivery information visit our website at www.usps.com m Er OFFICIAL SE rn Postage MM. t e Certified Fe D -L-c g D Return Receipt Fee 11( , D (Endorsement Required) V '' Here D � / Restricted Delivery Fee D (Endorsement Required) c N Total Postage & Fees $ 5. 5 9 i, r-R co sent To Wesley L. Sin 44��. • o - srreer,apr.No.; 111 Elderwood Street r ,_ or PO Box No. Winter Springs, Florida 32708 City, State, ZIP +4 RE: 11- 0025742 • •r • 800 A •ust 2006 See Reverse for Instructions . • I I I rub lig 0"7" CITY O i , • i • :iv rn 045)83050325 lki i � ni rt _ • G.,� Q d F WINTER SPRINGS • . ' g 1126 EAST S.R. 434 • 6 11I� y ` ¢ O ~ 1� _,, WINTER SPRINGS, FLORIDA Yom ^if�' 'i p 5.59 '/.0, 32708 2799 ' a #� ., 07 / 22! 2011 7010 1870 0000 5393 2154 ~1 ' 8" R X AUG 0 1 2 011 C1Y C E - Jr �INt��IST`Pr CI NF K r./ „if„ qE Tr+E C Wesley L. Smith ) . t. \,c,4, 111 Elderwood Street Winter Springs, Florida 32708 OF RE NIXIE 327 DE 1 08 07/29!:11 RETURN TO SENDER _ VACANT UNAF3LE TO FORWARD ESC: 32700279999 *1974- •02717- 20 3� r��a7�s� 111fl,tflilll, fill,l bVlfl■f 11, 11,tllil1»111b,lllllltllt,11111 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0025742 PETITIONER, v. ADDRESS: P.O. Box 470353 Wesley L. Smith Lake Monroe, Fl 32747 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 15 DAY OF November , 2011, 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: 111 Elderwood St Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Wesley L Smith P.O. Box 470353 Lake Monroe, FL CITY CODE SECTION VIOLATED: 6 -195 FIRST OBSERVED: March 29, 2011 DESCRIPTION OF VIOLATION: Fence needs to be repaired and maintained UNLESS YOU: (1) CORRECT THIS VIOLATION BY: November 14, 2011 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 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. I certify a copy of this document was sent by First Class and Certified Mail on 1st Day of November . 20 11 . Certified Number: 7010 2780 0002 1226 6392 Enclosed: Sec. 6 -195 SIGNA RE OF COD Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPATMENT U.S. Postal Service rr., CERTIFIED MAIL,, RECEIPT RI (Domestic Mail Only; No Insurance Coverage Provided) m For delivery information visit our website at www.usps.com,, Min -13 OFFICIAL USE ,-.4 /+ 2 ` �- +�7 Certified Fee q /� G �, t� tU o O Return Receipt Fee Postmark r p CI (Endorsement Required) c3,•30 Here i ta : Restricted Delivery Fee � , (Endorsement Required) f_ Total Postage & Fees )s. `` rU Sent To c] o Srr Ap r " N57, - -__- Wesley Smith r ,- orPO p, 0. Box 470353 City, State, Z IP +q " -- Lake Monroe, FL 32747 ...................... PS Form 3800, August 2006 See Reverse for Instructions