Loading...
HomeMy WebLinkAbout2011 11 15 Public Hearing 503.4CODE ENFORCEMENT BOARD AGENDA ITEM 503.4 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: Jl / 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 Building Department. 2 OTHER: 1" � a ov?� i-\,.0 11 C�� l ° ►�.,11, COMMENTS: 14 {r \ 6( PLEASE CORRECT VIOLATION ON OR BEFORE: 1 0 C la.V,3 _ If you have any questions on the proper remedy for this violation, please contact the listed inspector. (407) 327 -1000 Ext: IC,( INSPECTOR: CC Clh i'19 'A DATE: <J I C t( Event Number: C. ;36m15 C. 0 ozoo I t-OO ((> 335 NOTICE OF CODE VIOLATION City of Winter Springs, Florida Winter Springs Police Department To: RESIDENT /PROPERTY OWNER ADDRESS:3 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 El 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. ie OTHER: r.;Oq_ 4 a ( Ili. COMMENTS: PX: r'CC PLEASE CORRECT VIOLATION ON OR BEFORE: If you have any questions on the proper remedy for this violatio , please contact the listed inspector. (407) 327 -1000 Ext: ()NOV/ INSPECTORC Y�Y DATE: K7 (r ( Event Number: rircIA C 0 4 , ` p {ER SPl I ,,„ POLICE WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road • Winter Springs, FL 32708 vJ : ; e Business (407) 327 -7999 • Fax (407) 327 -6652 Kevin P. Brunelle Chief of Police July 8, 2011 Indian Ridge Condo Assn INC 860 N. Orlando Ave #135 Orlando, FL 32801 Re: Case 11- 0026338, 349 San Rafael St Notice of Code Violation An inspection on May 19, 2011 of above mentioned property noted the following violation(s) of Winter Springs City Code(s) /Ordinance(s): Exterior Wall (protective treatment paint) IPMC 304.2 Please correct these violations by: Must maintain exterior wall, paint exterior walls within three (3) after notification. 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, US �� Christi Flannigan Code Enforcement Specialist 407 - 327 -1000 vp Enclosures: IPMC 304.2 rtified Mail: 7010 0290 0001 1966 5050 i °1414 11 - 1 " \tk C.A.L.E.A. and 01 State of Florida Accredited Agency • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. S' na re item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X� ❑ Addressee so that we can return the card to you. g ved by ( nted ame C. D t of Delivery • Attach this card to the back of the mailpiece, 7 - 1) Ni, � g y // or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No _.thCia4 t dr Cc ieb 05 Q' I � li C�riclocipQ��� 3. Service a 1. U u yP ( Certified Mail ❑ Express Mail ►l oiAdo, F r 2 {� 1 ❑ Registered ❑ Return Receipt for Merch dise J (/t a V ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 010 0290 19 6 6 5050 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 1 1- 002633 8 PETITIONER, v. ADDRESS: 860 N Orange Ave #135 Indian Ridge Condo Assn. Orlando FL, 32801 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 20 DAY OF September , 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: 349 San Rafael Ct, Winter Springs FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Indian Ridge Condo Assn. 860 N Orange Ave 135 Orlando CITY CODE SECTION VIOLATED: IPMC 304.2 FIRST OBSERVED: May 19, 2011 DESCRIPTION OF VIOLATION: The paint is peeling off the exterior walls UNLESS YOU: (I) CORRECT THIS VIOLATION BY: September 19,2011 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 September . 20 11 Certified Number: 7011 0470 0003 6316 1738 Enclosed: IPMC 304.2 SIGNATU' OF CODE IN' 'ECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext 466 Code Enforcement TELEPHONE NUMBER AND DEPATMENT COMPLETE THIS SECTION ON DELIVERY THIS SECTION afore ❑Agent SENDER: COMPLETE A. Si 0 Addressee complete I /L Complete items a 2, and 3. Also comp X ((XX LL ate •f Delivery • Comp is desired. item 4 if Restricted Delivery B. Received by ( Name) • P that we name and address on the reverse . ec nu -PI f ed ( r Ye so that we can return the card toe mail piece, back of them P item 14 s e III Attach this card to the b D. Is delivery address different from space permits. address below: 0 No or on the front if sp If YES, enter delivery 1. article Addressed 1 l � nc� h A/c , 44 /35 V rQ 3. Service T yp e ress Mail � � ' 0 Exp Certified Mail t for Merchan c',- �� ff� L ❑ Registered 0 Return Receip � tl �1�LI) ❑ Insured Mail C.O.D. 4. Restricted Delivery? ( Extra Fee) ❑ Yes 2. Article Number 63 16 7,738 7 011 0470 0 0 0 3 102595424-1540 (Transfer from service label) PS Form 3811, February Domestic Retum Receipt _ 0 � ,NT � SA _ L_ ti �i r�`- ,,, � CITY OF WINTER SPRINGS, FI.ORIDA U � Inco�purated r, � 1126 EAST STATE ROAD 434 i�s9� WINTER SPRINGS, FLORIDA 32708-2799 FLORIOP' TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #11-0026338 A Florida municipal corporation, Complainant, v. c/o Indian Ridge Condo Association 860 North Orange Avenue, Suite 135 Orlando, Florida 32801 Owner of the Property located at: 349 San Rafael Court 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 September 20, 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) IPMC 304.2 Exterior Covering (Paint Peeling), as Adopted by Section 6-300 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 ar 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: IPMC 304.2 Exterior Covering (Paint Peeling), as Adopted by Section 6-300 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 CASE NUMBER 1 1-002633 8 SEPTEMBER 20, 2011 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until October 4, 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. DONE AND ORDERED at Winter Springs, Florida, this 21 S ` day of September, 2� I 1. CODE ENFORCEMENT BO!�RD C�F THE CITY OF WINTER SPRINGS, FLORIDA ,-^ � � / i -- i L r- o d, Chairperson Copies furnished to: CERTIFIED MAIL 7010 1870 0000 5393 2208 Indian Ridge Condo Association, 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 � day of 4� �i , 2011. :1L� G _"- Gayle utant, Board Secretary i U.S. Postal Service rr., CERTIFIED MAIL,r., RECEIPT 43 (Domestic Mail Only; No Insurance Coverage Provided) CI fU For delivery information visit our website at www.usps.com,„ ni m OFFICIAL USF m Postage IMMIll i= r — s Certified Fee 2 8 A �(`,• 1 ::: 1 PostgallC cg O Retum Receipt Fee y Poi at (Endorsem R e quired) i C:3 f j k.P Restricted Delivery Fee (Endorsement Required) \� /,��1 N �y -' V cfl Total Postage & Fees $ • 2 0 ,� 7 L 1 rl • O Se t TO „ , o—. „sztio .- Iv u it I furl 2 or PO Box N 60 0o(4 \ 0 '►� ''' /� p ' (elk f J 1 35 City, — te,ZIP +4 I ,. ov ' c3 0 © PS Form 3800, Au ust 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Si. ature item 4 if Restricted Delivery is desired. "., ❑ Agent • Print your name and address on the reverse X f Ad dressee so that we can return the card to you. Rec eived by (P ' 'N teC r\ a' l ery • Attach this card to the back of the mailpiece, L � •, f or on the front if space permits. Gu D. Is delivery ad • n' different from item 1? ❑ YAW 1. Article Addressed to: If YES, enter every 5 pe�w:20 1 NQ T – d a r., IZa' d • C r lJJ Z?� Ni 0(+k ©(fl • rut-c ��l'Q _ �3 ° ` 1 - 1 3. Service Type • • O r bl V 1 A I& i (rt({ -• � O ❑ Certified Mail ❑ s Mail �' CI Registered Registered ❑ Retum Receipt for Merchandise • • f l% 1l - cola 3 1 - A0 338 -002� ❑ Insured Mail ❑ C.O.D. iIF , 3 31 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 1870 0000 5393 2208 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595 - 02 - - 1540 i i CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 11-0026338 PETITIONER, v. ADDRESS: 860 N Orange Ave #I35 Indian Ridge Condo Assn. Orlando, Fl 32801 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: 349 San Rafael Ct Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Indian Ridge Condo Assn 860 N Orange Ave # 135 Orlando CITY CODE SECTION VIOLATED: IPMC 304.2 FIRST OBSERVED: May 19, 2011 DESCRIPTION OF VIOLATION: Paint is peeling off of exterior walls 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 6439 Enclosed: 1PMC 304.2 r �1 SIGNATURE OF CODE' SPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPATMENT 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. f ent X • Print your name and address on the reverse 1 tLii n ❑ 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, - �.r t w .Di • _ 1 , 11 2 , f `' or on the front if space permits. �f D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Indian Ridge Condo Assn. 860 N. Orange Ave. # 135 Orlando, FL 32801 3. Service Type 2 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise �+ /� ❑ Insured Mail ❑ C.O.D. l I ` t) 210 3 c 3 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 2780 0002 1226 6439 (Transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 i I U.S. Postal Service ,r., CERTIFIED MAIL, RECEIPT o" (Domestic Mail Only; No Insurance Coverage Provided) rn For delivery information visit our website at www.usps.com -„ . w l t_ t tQa osfag i e s ru Certified Fee A . S'S ©$ p Return Receipt Fee Here ‘ p .2 0 (Endorsement Required) a. 3 C) / 4 C Restricted Delivery Fee (Endorsement Required) a r0 vD r- Total Postage & Fees $ • • Sent To ■ o Indian Ridge Condo r FR Street, Apt. No.: 860 N. Orange Ave. # 135 al or PO Box No. City, State, ZIP +4 Orlando, FL 32801 PS Form 3800, August 2006 See Reverse for Instructions