HomeMy WebLinkAbout2012 01 17 Public Hearing 503.1 NOTICE OF CODE VIOLATION
City of Winter Springs, Florida
Winter Springs Police Department
To: RESIDENT/PROPERTY OWNER
j
ADDRESS: / ! C.JIr'Qi'Iirir
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,
g 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 me ding Depart t.
"OTHER: �-'( it c/ 7 / `1 O
COMMENTS:
11 1 IAA Ago 0 In - ' -
eCl \iOv I
PLEASE CORRECT VIOLATION ON OR BEFORE: f
If you have any questions on the proper remedy for this violation,
please contact the listed inspector.
(407) 327 -1000 Ext: �-1 6 0
INSPECTOR: ec 1046(aoth DATE: I I(
Event Number: CaOt ` a`1 109 ?5 /CEOOL/032
X0 01
POLICE WINTER SPRINGS POLICE DEPARTMENT
v 300 North Moss Road • Winter Springs, FL 32708
' S Business (407) 327 -7999 • Fax (407) 327 -6652
Kevin P. Brunelle
Chief of Police
September 9, 2011
Manuel Sarnes
1032 Oakpoiont Cir
Apopka, FL 32712
Re: Case 11- 0026940, 744 Sherwood
Notice of Code Violation
An inspection on August 29, 2011 of above mentioned property noted the following violation(s) of
Winter Springs City Code(s) /Ordinance(s):
Trash & Debris, Outside Storage City Ordinance 13 -2
No house numbers City Ordinance 9 -374
Please correct these violations by:
Clean the trash & debris outside on side of the house
Apply house numbers as stated in the ordinance
within Three (3) after notification. Failure to correct the violation(s) and to notify the Winter
Springs Code Enforcement 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,
alAutilt
Christi Flannigan
Code Enforcement Specialist
407 - 327 -1000 ext. 466
Enclosures: City Ordinances: 9 -374 & 13 -2C
Certified Mail: 7011 0470 0003 6316 1134 & First Class
C.A.L.E.A. and 11*4
State of Florida Accredited Agency
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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so that we can return the card to you. Received by (Printed Name) C. Date of Delivery
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CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0026940
PETITIONER,
v. ADDRESS: 1032 Oakpoint Cir
Manuel Sarnes Apopka, Fl 32712
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: 744 Sherwood Dr Winter Springs, FL 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Manuel Sarnes 1032 Oakpoint Cir Apopka, FL
CITY CODE SECTION VIOLATED: 13 -2;9 -374 FIRST OBSERVED: August 29, 2011
DESCRIPTION OF VIOLATION: tree trimmings left in yard; no house numbers
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 6361
Enclosed: Sec. 13 -2; 9 -374
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SIGNATU O� PECTOR
Christi Flannigan
TYPED NAME OF CODE INSPECTOR
407- 327 -1000 Ext. 466
TELEPHONE NUMBER AND DEPATMENT
CERTIFIED MAIL,,
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P0l1CT WINTER SPRINGS POLICE DEPA
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300 Nor M oss Road • Winter Springs,
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CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0026940
PETITIONER,
v. ADDRESS: 1032 Oakpoint Cir.
Manuel Sarnes Apopka, FL 32712
RESPONDENT
STATEMENT OF VIOLATION AND NOTICE OF HEARING
PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 17 DAY OF January , 2012, 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: 744 Sherwood Dr. Winter Springs, FL 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Manuel Sarnes 1032 Oakpoint Cir. Apopka, FL 32712
CITY CODE SECTION VIOLATED: 13 -2, 9 -374 FIRST OBSERVED: August 29, 2011
DESCRIPTION OF VIOLATION: tree trimming in the yard, no house numbers posted
UNLESS YOU: (1) CORRECT THIS VIOLATION BY: January 16, 2012
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 December . 20 11 .
Certified Number: 7010 2780 0002 1226 7283
Enclosed: City Ord 13 -2 & 9 -374
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SIGNATURE • CODE INSPECTOR
Christi Flannigan
TYPED NAME OF CODE INSPECTOR
407 - 327 -1000 Ext. 466 Code Enforcement
TELEPHONE NUMBER AND DEPATMENT
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item 4 if Restricted Delivery is desired. X 0 Agent
■ Print your name and address on the reverse ❑ Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
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CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0026940
PETITIONER,
v. ADDRESS: 1032 Oakpoint Cir.
Mauel Sarnes Apopka, FL 32712
RESPONDENT
STATEMENT OF VIOLATION AND NOTICE OF HEARING
PLEASE TAKE NOTICE THAT AT 7:00 P.M. ON THE 17 DAY OF January , 2012, 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: 744 Sherwood Dr. Winter Springs, FL 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: manuel Sarnes 1032 Oakpoint Cir. Apopka, FL 32712
CITY CODE SECTION VIOLATED: 13 -2, 9 -374 FIRST OBSERVED: Aug. 29, 2011
DESCRIPTION OF VIOLATION: tree trimmings in yard, and no house numbers
UNLESS YOU: (1) CORRECT THIS VIOLATION BY: January 16, 2012
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 9 Day of January . 20 12
Certified Number: 7010 2780 0002 1226 7313
Enclosed: 13 -2 & 9 -374
g arvou t iyu SIGNATURE ODE INSPECTOR
Christi Flannigan
TYPED NAME OF CODE INSPECTOR
407 - 327 -1000 Ext. 466
TELEPHONE NUMBER AND DEPATMENT
CODE ENFORCEMENT BOARD
AGENDA
ITEM 503.1
January
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.
� `N �� R SA
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THE CITY OF WINTER SPRINGS,
A Florida municipal corporation,
Complainant,
v
Manuel Sarnes
744 Sherwood 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 SPRING5, FLORIDA
Case # 11-00226940
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 November 15, 2011 to determine whether any violations of the City
of Winter Springs Code of Ordinances ("City Code") exist or existed on the Properiy. 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 Tree Trimmings and Section 9-374 No House Numbers 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 Section(s) 13.2 Tree
Trimmings and Section 9-374 No House Numbers 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 11-0026940
NOVEMBER 15, 2011
PAGE 2 OF 2
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED:
and
Respondent be given until November 30, 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 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 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 21 st day of November, 2011.
CODE ENFORCEMENT BOARD OF THE
)A
Copies furnished to: CERTIFIED MAIL 7011 0470 0000 9540 9719
Manuel Sarnes, 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 h been
furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this ��ay of
, 2011.
f � .
C A. Lallathin, oard Secretary