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HomeMy WebLinkAbout2011 12 20 Public Hearing 503.2CODE ENFORCEMENT BOARD AGENDA ITEM 503.2 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. `�1h1?'E!� S F � o -- ---5� 'A� �- `�- � U k '^ ,., � fncorpo�ated 1959 \ '��coR�OP THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11-0025335 ORDER IMPOSING PENALTY ON FII2ST 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 Conclustons 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) IPMC 304.4 Structural Members, 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 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: IPMC 304.4 Structural Members, 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 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 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER I 1-002 5 3 3 5 OCTOBER 18, 2011 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until November 1, 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 TWO HUNDRED AND FIFTY DOLLARS ($250.00) 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 and 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 CITY OF WINTER SPRINGS, FLORIDA —� r' 1 f La r -� h , Chairperson Copies furnished to: CERTIFIED MAIL 7010 0290 0001 1970 1383 Kenneth and Samantha Furboter and Bank of America, 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 thisa��day of � � , 2011. �� � ����L � J an L. Brown, Board Secretary UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box • CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 ( t j I I —bp c I ii flF!:�!II!7lIi ;;Ii i!!i {I I!! li I7i,! I!F 17 rri7 l!I:. 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 ❑ 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, Neison riernarot, 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 blow: ❑ No 51.11intajdila 4ttit, 61 4 M(k- 2U i� T O Bcot silo 3. Service Type Certified Mail ❑ Exposs Mail 11 (x I C. t q 3 b (pa. ❑ Registered - return Receipt for Merchandise / U l ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7011 0470 0000 9540 9689 PS Form 3811, February 2004 Domestic Return Receipt 102595 - 02 - - 1540 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0025335 PETITIONER, v. ADDRESS: 5701 Horatio St. Bank of America Utica, NY 13502 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: 204 S. Moss Rd. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Samantha & Kenneth Furboter 204 S. Moss Rd. CITY CODE SECTION VIOLATED: IPMC 304.4 FIRST OBSERVED: March 2, 2011 DESCRIPTION OF VIOLATION: deterioration of exterior walls 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 30 Day of November . 20 11 . Certified Number: 7010 2780 0002 1226 7030 Enclosed: IPMC 304. vl t6J C i o i F /g SIGNA RE OF CODE SPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPATMENT CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0025335 PETITIONER, v. ADDRESS: 204 S. Moss Rd Samantha & Kenneth Furboter Winter Springs, FL 32708 0 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: 204 S. Moss Rd. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Samantha & Kenneth Furboter 204 S. Moss Rd. CITY CODE SECTION VIOLATED: IPMC 304.4 FIRST OBSERVED: March 2, 2011 DESCRIPTION OF VIOLATION: deterioration of exterior walls 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 30 Day of November . 20 11 . Certified Number: 7010 2780 0002 1226 7047 Enclosed: IPMC 304. OAAAPS SIGNA URE OF CO INSPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPATMENT U.S. Postal Service,. CERTIFIED MAIL,, RECEIPT o (Domestic Mail Only; No Insurance Coverage Provided) O For delivery information visit our website at www.usps.com. 1 ru t(- ostage $ Certified Fee 4.0 Postmark ▪ Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) • Total Postage & Fees $ C - nJ Sent To Bank of America o o Street, Apt. No.; 5701 Hor St. or PO Box No. ........... City, State, ZIP +4 Utica, NY 1 3502 -1024 PS Form 3800, August 2006 - - or Instructions U.S. Postal Service Tr. CERTIFIED MAIL„ RECEIPT r` (Domestic Mail Only; No Insurance Coverage Provided) o For delivery information visit our website at www.usps.comd, M1 r I( O p ` o 'Postage 1-4 $ �y r Certified Fee rU Postmark Return Receipt Fee Here C:1 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 11:1 ict 1 111 Total Postage & Fees $ ru Sent To Samantha & Kenneth Furboter Street, Apt. No.; 204 S. Moss Rd. or PO Box No. City, State, ZIP +4 Winter Springs, FL 32708 PS Form 3800. August 2006 See Reverse for Instructions `�1h1?'E!� S F � o -- ---5� 'A� �- `�- � U k '^ ,., � fncorpo�ated 1959 \ '��coR�OP THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11-0025335 ORDER IMPOSING PENALTY ON FII2ST 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 Conclustons 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) IPMC 304.4 Structural Members, 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 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: IPMC 304.4 Structural Members, 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 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 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER I 1-002 5 3 3 5 OCTOBER 18, 2011 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until November 1, 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 TWO HUNDRED AND FIFTY DOLLARS ($250.00) 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 and 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 CITY OF WINTER SPRINGS, FLORIDA —� r' 1 f La r -� h , Chairperson Copies furnished to: CERTIFIED MAIL 7010 0290 0001 1970 1383 Kenneth and Samantha Furboter and Bank of America, 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 thisa��day of � � , 2011. �� � ����L � J an L. Brown, Board Secretary • CERTIFIED MAIL~, e CITY OF WI NTER SPRINGS I 11 11 II 11 1126 E AST S. R. 434 WINTER SPRINGS, FLORIDA • r 2oroo' 32708 -2799 { ti� Pilijaarli (71 7010 0290 0001 1970 1383 % IT 7 • Mneopost a 40 E T 1 - -,.5 CA ES Kenneth And Samantha Furboter And F • Bank of America W f t° to o 204 South MOs,° n ^ ° ' 1 ° e ' ° = Winter Springs NIXIE 327 OM i 00 11/03./11 RETURN TO SFN17f.R NOT DELIVERABLE AS ADDRESSED UNABLE TO FoRwtaF O 3s r C,9u,33oa BC: 3' 700279999 *2907 3.27000 799 )))))i,J) ))u))))>>>)n) ,), ))m)),)i,),)»)Wi)i),i,),),) ` • 3NI1 03llOO 1V 010d 'SS31:100V Ntl11138 3H1 JO 1H01tl 3H1013d013NN3 i0 dal IV 83NOLLS 3OVld 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. El Agent • Print your name and address on the reverse X ❑ 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 maliplece, or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: Le If YES, enter delivery address below: ❑ No )624VAArril j -i-- A Cc cj6u� Ab SS AL �Q 3. 1S+pe 1) <_ p , T 33-107 CertMed Mail rs Mail CI Registered Receipt for Merchandise ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number l (transfer from service label) 7010 0290 0001 1970 1383 , ` r 1 t I rS F orm 8: 1 , - et! • 200 (; [ ! . ,Dom_T is - -tum Receipt 102595-02-M-1540 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0025335 PETITIONER, v. ADDRESS: 5701 Horatio St. Bank of America Utica, NY 13502 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: 204 S. Moss Rd. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Samantha & Kenneth Furboter 204 S. Moss Rd. CITY CODE SECTION VIOLATED: IPMC 304.4 FIRST OBSERVED: March 2, 2011 DESCRIPTION OF VIOLATION: deterioration of exterior walls 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 30 Day of November . 20 11 . Certified Number: 7010 2780 0002 1226 7030 Enclosed: IPMC 304. vl t6J C i o i F /g SIGNA RE OF CODE SPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPATMENT CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0025335 PETITIONER, v. ADDRESS: 204 S. Moss Rd Samantha & Kenneth Furboter Winter Springs, FL 32708 0 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: 204 S. Moss Rd. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Samantha & Kenneth Furboter 204 S. Moss Rd. CITY CODE SECTION VIOLATED: IPMC 304.4 FIRST OBSERVED: March 2, 2011 DESCRIPTION OF VIOLATION: deterioration of exterior walls 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 30 Day of November . 20 11 . Certified Number: 7010 2780 0002 1226 7047 Enclosed: IPMC 304. OAAAPS SIGNA URE OF CO INSPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPATMENT U.S. Postal Service,. CERTIFIED MAIL,, RECEIPT o (Domestic Mail Only; No Insurance Coverage Provided) O For delivery information visit our website at www.usps.com. 1 ru t(- ostage $ Certified Fee 4.0 Postmark ▪ Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) • Total Postage & Fees $ C - nJ Sent To Bank of America o o Street, Apt. No.; 5701 Hor St. or PO Box No. ........... City, State, ZIP +4 Utica, NY 1 3502 -1024 PS Form 3800, August 2006 - - or Instructions U.S. Postal Service Tr. CERTIFIED MAIL„ RECEIPT r` (Domestic Mail Only; No Insurance Coverage Provided) o For delivery information visit our website at www.usps.comd, M1 r I( O p ` o 'Postage 1-4 $ �y r Certified Fee rU Postmark Return Receipt Fee Here C:1 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 11:1 ict 1 111 Total Postage & Fees $ ru Sent To Samantha & Kenneth Furboter Street, Apt. No.; 204 S. Moss Rd. or PO Box No. City, State, ZIP +4 Winter Springs, FL 32708 PS Form 3800. August 2006 See Reverse for Instructions CERTIFIED MAIL. '"` WINTER SPRINGS POLICE DEPAF POLICE " r 300 North Moss Road • Winter Springs, F ` . %r Business (407) 327 -7999 • Fax (407) 321 1A 7010 2780 0002 1226 7085 IN ,R11% , ,� . .e:4h : ti i neopost :N o A Es Samantha & Kenneth Furboter Es • 204 S. Moss Rd. „ U m o io Winter Springs, FL 32708 , pa,, F URB2O4 32 CL t M e ere 12 I"' " UNABLE TO FORWARD /FOR REVIEW **CO33** BC: 32700330204 DU *1101 - 0.637 -22 -40 :3270003302 II1IIIIIIIIIIIIII ieedulnelleeelleilimeh)eelell •