HomeMy WebLinkAbout2012 01 17 Public Hearing 503.2CODE ENFORCEMENT BOARD
AGENDA
ITEM 503.2
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.
NOTICE OF CODE VIOLATION
City of Winter Springs, Florida
Winter Springs Police Department
To: RESIDENT /PROPERTY OWNER
ADDRESS: '703 L )46),St (/ '
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,
?I 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 Buildin / Depart Iment.
OTHER: I f 01 C 0 lip holej o
COMMENTS: E TC ( IOC ct.9 f ( J if i
arab h t_
Ck - ESTc e -`� rage of a s 1 MC* vie
PLEASE CORRECT VIOLATION ON OR BEFORE: AC 5
If you have any questions on the proper remedy for this violation,
• contact the listed inspector.
(407) 327 -1000 Ext: ` i lQtp
INSPECTORerlann ��, DATE:
Event Number: vTO 1 t V A I O Q 15 'CE ®° t
v41 ,011_1 2 u 'DLII
POLICE WINTER SPRINGS POLICE DEPARTMENT
300 North Moss Road • Winter Springs, FL 32708
V V
�. Business (407) 327 -7999 • Fax (407) 327 -6652
Kevin P. Brunelle
Chief of Police
September 13, 2011
Kenneth Disch Trustee
708 Lakeside Dr.
Winter Springs, FL 32708
Re: Case 11- 0026952, 708 Lakeside Dr.
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):
Exterior Walls IPMC 304.6
Outside Storage City Ordinance 13 -2
Please correct these violations by:
Exterior garage wall has rotten area- repair & repaint
Oil container on side of house must be disposed of properly
within Seven (7) 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,
&Ad; / iPO44 4 *- 44 04-- ,
Christi Flannigan
Code Enforcement Specialist
407 - 327 -1000 ext. 466
Enclosures: IPMC 304.6 & City Ordinance 13 -2
Certified Mail: 7011 0470 0003 6316 2759 & First Class
C.A.L.E.A. and
i
State of Florida Accredited Agency
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. X ❑ 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
• 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
Kenneth Disch Trustee
708 Lakeside Dr.
3. Service Type
Winter Springs, FL 32708 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7 011 0470 0 0 0 3 6 316 2759
PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540
CERTIFIED MAILTM
4 , N 1tO SPQI,,,
POLICE WINTER SPRINGS POLICE DEPAR
■ C s 300 North Moss Road • Winter Springs, FL
Business (407) 327 -7999 • Fax (407) 327 T y
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AFFIDAVIT OF POSTING
The undersigned swears and affirms that the property known as;
708 Lakeside Dr. Case 11- 0026952
was posted on
September 21, 2011 NCV @ Property
in accordance with Florida Statutes Chapter 162
Christi Flannigan CVNLQW 1P/ (4 __)
Code Inspector
b 1
Sworn to and subscribed before me this 22 day of Sc.p�uvt, G►' , 20
' .
• / Enforcement Specialist of the City of Winter Springs, P
,Po lice Code Enfo pec ty L and
who is personally know to me.
lvt . o' . Vwaiu
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dY '° Notary Public State of Florida "" 7
° ; Mandy 1. Minnetto
My Commission DD982178
ora Expires 05/11 /2014
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WINTER SPRINGS POLICE DEPARTMENT � ,
POLICE •� F 045J83 050325' LLJ
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300 North Moss Road • Winter Springs, FL 32708 ��- Q
Business (407) 327 -7999 • Fax (407) 327 -6652 i� � ,1 1!.!}_'_ $0 . 440
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Kenneth Disch Trustee
708 Lakeside Dr.
Winter Springs, F1. 3278
NIXIE 327 DE 1. 00 09/23/11
RETURN TO SENDER
NOT DEL I VERADLE AS ADDRESSE=D
UNAEtl..E TO FORWARD
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AFFIDAVIT OF POSTING
The undersigned swears and affirms that the property known as;
708 Lakeside Dr. Case 11- 0026952
was posted on
September 21, 2011 NCV @ Property
in accordance with Florida Statutes Chapter 162
Christi Flannigan 0. ■PF
Code Inspector
Sworn to and subscribed before me this Z2- day of &p+C 'vt be ' , 20 J
• , Police/Code Enforcement Specialist of the City of Winter Springs, L and
p� tY p Ss�
who is personally know to me.
Yu c ..�U ,
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=o Mandy L Minne
�, c. ' My Commission DD98217B
Or Expires 05/11/2014
My Commission Expires:
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0026952
PETITIONER,
v. ADDRESS: 708 Lakeside Dr.
Kenneth Disch Trustee Winter Springs, FL 32708
RESPONDENT
STATEMENT OF VIOLATION AND NOTICE OF HEARING
PLEASE TAKE NOTICE THAT AT 7 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: 708 Lakeside Dr Winter Springs, FL 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Kenneth Disch Trustee 708 Lakeside Dr. Winter Springs
CITY CODE SECTION VIOLATED: 13 -2 & IPMC 304.6 FIRST OBSERVED: August 29, 2011
DESCRIPTION OF VIOLATION: Garage wall needs repair and paint; Oil container on side of house needs proper disposal
g P P P P P
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 6385
Enclosed: 13 -2 & IPMC 304.6
UNINCS1 It - 1 ,
SIGNATU' OF C E INSPECTOR
Christi Flannigan
TYPED NAME OF CODE INSPECTOR
407 - 327 -1000 Ext. 466
TELEPHONE NUMBER AND DEPATMENT
AFFIDAVIT OF POSTING
The undersigned swears and affirms that the property known as;
708 Lakeside Dr. (CB Notice @ Property)
was posted on
November 2, 2011 Case 11- 0026952
in accordance with Florida Statutes Chapter 162
Christi Flannigan C?AA Arni-X#5014*--)
Code Inspector
Sworn to and subscribed before me this 2 134 day of I ; 20 j I _
-'- • , Police /Code Enforcement Specialist of the City of Winter Springs, PL and
who is personally know to me.
twcu-LotA
• Notary Public
�r Notary Public State of Florida
g Mandy L Minnetto
My Commission 00982178
' q „OP Expires 05/1112014
My Commission Expires:
CERTIFIED NIAIL
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RETURN TO SENDER
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Incorporated
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THE CITY OF WINTER SPRINGS,
A Florida municipal corporation,
Complainant,
v
Kenneth Disch Trustee
708 Lakeside 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 SPRINGS, FLORIDA
Case #11-0026952
ORDER IMPOSING PENALTY ON FIItST 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 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.
FindinES 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 Garage Wall of the City Code and IPMC 304.6 Oil Container on Side
of House, 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:
Section 13.2 Garage Wall of the City Code and IPMC 304.6 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
CODE ENFORCEMENT BOARD
CASE NUMBER I 1-0026952
NOVEMBER 15, 2011
PAGE 2 OF 2
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED:
1. Respondent be given until November 30, 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
DOLLARS ($200.00) 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 properiy 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 Properiy 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 day of November, 2011.
CODE ENFORCEMENT BOARD OF THE
C F W INGS, FLORIDA
La a-L igh `' 'rperson
Copies furnished to: CERTIFIED MAIL 701 1 0470 0000 9540 9726
Kenneth Disch Trustee, 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 1�s been
furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this � ay of
, 2011.
��'��6 �� '� J
Carol A. Lallathin, Board Secretary
1111111111111111n4 itil4l4'IiI V
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V 1126 EAST S.R. 434
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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. X ❑ 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
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
1 NNET,cD - 7 - u5r40
11)1? kAK0s /.ter DieI✓E s vise
Wi nter 5Prtn9s Fi_ .3d7D8 3. riic ❑ Mail
❑ Registered Return Receipt for Merchandise
❑ Insured Mali ❑ C.O.D.
1/-00:4 y 51 4. Restricted Delivery? (Extra Fee) ❑Yes
2. Article Number 7011 0470 0000 9540 9726
` f- i r` (Transfer from service labels
t'S _ if. drfn 38 11, Febrttaty zoo4 Domestic Return Receipt 102595-02-M-1540
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 11- 0026952
PETITIONER,
v. ADDRESS: 708 Lakeside Dr.
Kenneth Disch Trustee Winter Springs, FL 32708
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: 708 Lakeside Dr. Winter Springs, FL 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Kenneth Disch Trustee 708 Lakeside Dr. Winter Springs
CITY CODE SECTION VIOLATED: 13 -2, 304.6 FIRST OBSERVED: August 29, 2011
DESCRIPTION OF VIOLATION: garage wall needs to be repaired and painted, oil containers on side of house need proper dist,
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 7290
Enclosed: City Ord 13 -2 & IPMC 304.6
SIGNATURE INSPECTOR
Christi Flannigan
TYPED NAME OF CODE INSPECTOR
407 - 327 -1000 Ext. 466 Code Enforcement
TELEPHONE NUMBER AND DEPATMENT
•
AFFIDAVIT OF POSTING
The undersigned swears and affirms that the property known as;
708 Lakeside Dr 11- 0026952
was posted on
December 30, 2011 CB Notice @ Property
in accordance with Florida Statutes Chapter 162
Christi Flannigan C • j-fatA1/14/01^-)
Code Inspector
Sworn to and subscribed before me this Sat day of • DeZ r _ `(X , 20 •( 11
-' • • , Police /Code Enforcement Specialist of the City of Winter Springs, fL and
who is personally know to me.
• Notary ublic
+"' N� s , ir'v!Ei.LE M. HARKER
tt�
MY Ca en- .ti36iGN # EE 062248
t -a E >:�� %tEc April 15, 2015
• fn Bo , tiarary Public Underwriters
My Commission Expires:
+"''N ey DANIELLE M. HARKER
a■ 'r MY COMMISSION # EE 062248
:..� 5t : EXPIRES: April 15, 2015
• Bonded Thru Notary Public Underwriters