The URL can be used to link to this page

Home My WebLink About2011 12 20 Public Hearing 503.1CODE ENFORCEMENT BOARD AGENDA ITEM 503.1 December 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. � � k K CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #06-0011389 A Florida municipal corporation, �,? � � � � Complainant, � m ~ - CERTIFIED: 7007 0710 0002 6660 4778 � ��j � _ � ��ue� RUTH PARHAM .�, S � � c/o Faithanne Snell � � � �: � �3 _ z � .. �— i _. ►- -•� � Owner of the Property located at: ��;�„ � - 902 Gazell Trail � � ;;, ��., _ Winter Springs, FL 32708 �: ,�.. � - � Respondent, � ~ "' = _ / � AMENDED ORDER - THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on May 17, 2011 to determine whether any violation of the City of Winter Springs Code of Ordinances exists or existed on the Property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. FindinES of Fact and Conclusions of Law Based upon the evidence and testimony presented at this Hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-59. of the City Code and pursuant to Section 162.12., Florida Statutes; 2. That violations of Section 13-2., Junk, of the City Code, existed upon the Property and that � Respondent was further-providad a reasonaUla time to correct said viol�tiut�s; 3. That Respondent either failed or refused to correct such violations within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the 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 13-2., Junk; 5. That said violations continue to exist within the City of Winter Springs and that such violations constitute violations of the City Code; 6. That Respondent has previously been before the Code Enforcement Board and was found by Order of the Code Enforcement Board dated March 21, 2006 to be in violation of Section 13-2., Junk, of the � City Code. R - � � Case #06-0011389 r ` 7. That said Order imposed a fine of $250.00 per day for each day the violations reoccurred on Re�pondent's property. 8. That the evidence presented at the Hearing properly demonstrates that the violations reoccurred'on Respondent's property on 33 individual days. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. That a fine of Eight Thousand Two Hundred Fifty and no/100 Dollars ($8,250.00) be imposed. 2. That Respondent be given seven (7) business days after receipt of this Order to correct the violations on the Property; and 3. That if Respondent fails to correct the violations within the time period set forth herein, the fine be immediately increased to $500.00 per day until the violations are corrected and full compliance is confirmed by the Code Enforcement Ufficer. Respondent shall be responsible to provide notice of such violations being corrected to the Code Enforcement Officer. 'Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 4. 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; 5. Respondent shall also be responsible for costs incurred by the City of Winter Springs, consistent with Section 162.09., Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) properly by the City of Winter Springs or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfare. 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent to enfarce this Order and correct any violation(s) on the Respondent's property, in accordance with Section 162.09., Florida Statutes, and the City Code. DONE AND ORDERED at Winter Springs, Florida, this 17 day of May, 20ll . CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA �� . . � �, � <�� f� `� �� % �� y' � � . �� fi �" � . . Hugh Fishe ice Cha�'�tn�'i�; �,� � ;ti � � ; � ; �(�,�'��'�,�� R��`,�; ,� � � ,� �, � '� r y y I hereby certify that a true and correct copy of the above and foregoing Axnen�dec�rder has b,�n rni�ed by certified mail to the Respondent (s) and/or Respondent's authoriz�d.,�unsel on this �� day of � . I�V"�7 . � 2�11. . . . . � � � .i� ('`� q� . �� " . . . � � � . . � � 7� f +.. •+* � � � . � . 4+! ��i��°�� T . . � . � .� � /// 999 //////�� ' �1 �� '�� s . . . . . . . . . � �� ,,,�\��.:... .. � � . . G�e Co tant, Board Secretary 4' CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 06- 0011389 PETITIONER, v. ADDRESS: 440 Terrace Dr Ruth Parham & C/O Faithanne Snell Oviedo Fl, 32765 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 20 DAY OF December 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: 902 Gazell Trail Winter Springs FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Ruth Parham & C/O Faithanne Snell 440 Terrace Dr CITY CODE SECTION VIOLATED: 13 -2 FIRST OBSERVED: 03 -07 -11 DESCRIPTION OF VIOLATION: Junk and Debris UNLESS YOU: (1) CORRECT THIS VIOLATION BY: December 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 28 Day of November . 20 11 . Certified Number: 7011 0470 0003 6316 3268 & 7011 0470 0003 6316 3275 Enclosed: 13 -2 SIGNATURE OF CODE INSPECTOR Cpl. Jim Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext 448 Winter Springs Police Department TELEPHONE NUMBER AND DEPATMENT CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 06- 0011389 PETITIONER, • v. ADDRESS: 440 Terrace Dr Ruth Parham & C/O Faithanne Snell Oviedo Fl, 32765 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 20 DAY OF December , 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: 902 Gazell Trail Winter Springs FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Ruth Parham & C/O Faithanne Snell 440 Terrace Dr CITY CODE SECTION VIOLATED: 13 -2 FIRST OBSERVED: 03 -07 -11 DESCRIPTION OF VIOLATION: Junk and Debris UNLESS YOU: (1) CORRECT THIS VIOLATION BY: December 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 28 Day of November . 2011 . Certified Number: 7011 0470 0003 6316 3268 & 7011 0470 0003 6316 3275 Enclosed: 13 -2 SIGNATURE OF CODE INSPECTOR Cpl. Jim Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext 448 Winter Springs Police Department TELEPHONE NUMBER AND DEPATMENT ' I UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G -1O • Sender: Please print your name, address, and ZIP +4 in this box • Winter Springs Police Department Code Enforcement 300 N. Moss Rd. Winter Springs, FL 32708 h1!i 11h 111iI I IJI I I IJI 11111111 it 111111f III lf1 /I17f 1,11 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. � ❑ Agent • Print your name and address on the reverse X }.: /L ❑ Addressee so that we can return the Card to you. B. R. el ,• ( fed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ' , 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 • Ruth Parham C/o FaithAnne Snell 440 Terrace Dr. Oviedo, FL 32765 3. Service Type .ZI Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 001/38C Co 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 011 0470 0 0 0 3 6 316 3268 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT c (Domestic Mail Only; No Insurance Coverage Provided) ru For delivery information visit our website at www.usps.come m 06-001 os ta e s yy . p rT. / /e g Certified Fee S Postmark C3 Return Receipt Fee Here C I (Endorsement Required) 2. Restricted Delivery Fee (Endorsement Required) r- S $ @ Total Postage & Fees , 5 Sent To rq a a V7 N pgtgAA' , C /=A�'7a�J ^-l; ;Mfor Street, Apt. No.; or PO Box No. ' T ,t4yZ K.4 a i [' p h City, State, ZIP +4 PtiZ 2 l / =c 3z 7 PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) fU For delivery information visit our website at www.usps.come m a ,LU M t?6 •OaPl. ge m Certified Fee Z Ti O Postmark D Return Receipt Fee -2 D (Endorsement Required) 3 O D Restricted Delivery Fee D (Endorsement Required) Total Postage & Fees 5 '5c Sent To ra /?t,Thi 1 n 9% de /= A171/4 1 ...51144( D Street, Apt. No.; or PO Box No. ?"2 6 k.-4,4 T IL L City, State, ZIP +4 4�.1 ti.7le< 3 2 PS Form 3800, August 2006 See Reverse for Instructions