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HomeMy WebLinkAbout2012 07 17 Public Hearings 502.11 WS-2, WS-3, WS-4, WS-5, WS-6, WS-7, WS-8, WS-9, WS-10 Date: July 17, 2012 The following documents were distributed by Inspector Christi Flannigan during Public Hearings — New Cases Agenda Number "502. 11" at the Code Enforcement Board Meeting on July 17, 2012. Evidence Exhibits WS - 2 WS - 7 WS - 3 WS - 8 WS - 4 WS - 9 WS - 5 WS — 10 WS - 6 w e" POI ICE WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road•Winter Springs,FL 32708 Business(407)327-7999•Fax(407)327-6652 Kevin P.Brunelle Chief Afon?icf 1, 2012 Mr. Scott Roberts 311 S. Edgemon Ave. Winter Springs, FL 32708 Re: Case 2012CE000744- 311 S. Edgemon Ave. Legal Description: LEG LOT 25 BLK E NORTH ORLANDO TERRACE UNIT 1 SEC 4 PB 17 PG 30 Notice of Code Violations: An inspection of the above-described property conducted on March 19, 2012 revealed the following violations of the Winter Springs City Code ("City Code"); the International Property Maintenance Code ("IPMC"), as adopted by section 6-300 of the City Code; and the Seminole County Animal Control and Protection Ordinance ("County Animal Control"), as adopted by section 4-1 of the City Code, specifically: Unsafe Structure IPMC 108.1.1 Unsafe Equipment IPMC 108.1.2 Unfit for Human Occupancy IPMC 108.1.3 Protective Treatment IPMC 304.2 Roof& Drainage IPMC 304.7 Doors IPMC 304.15 General (Water System) IPMC 505.1 Overgrown Yard City Code 13-2 (c) Diseased, Dead Tree City Code 13-2 (d) Animals County Animal Control 20-18, 20-21, 20-51, 20- 52, 20-57 Please correct these violations by: • Repairing the unsafe nature of the structure's roof; cleaning the property of animal and other waste • Unsafe and exposed electrical wiring and related components located at or around the front door area needs to be checked for proper operation and covered from exposure to the elements • The structure appears unfit for human occupancy and lacking sufficient electrical, roof, and overall maintenance C.A.L.E.A. and ' State of Florida Accredited Agency ' �� L'j / PO«C[ WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road•Winter Springs,FL 32708 Business(407)327-7999•Fax(407)327-6652 Kevin P.Brunelle Chief of Police • The structure appears unsanitary; yard requires cleaning; rotten roof and walls require repair • Protective treatment (paint) is in disrepair and shows evidence of mold or mildew; structure requires new protective treatment; rotten wall areas on structure require repair • Roof in state of disrepair; holes and loose shingles require repair • Non-functional garage door requires repair to functioning condition • There has been no identifiable water service at this residence since 2009- turn on the water to allow functioning sinks, plumbing, and toilet service • The side yard and back yard are overgrown with weeds- clean the overgrowth from yard • Remove dead and/or diseased trees in the yard- remove these trees • Obtain County license tags along with mandated shots for animals; clean the urine and fecal smell from the property by cleaning feces from property; obtain collars for all cats with appropriate tags; have all animals spayed or neutered Failure to correct these violations within thirty (30) days after notification, may result in the violations being brought to hearing before the Winter Springs Code Enforcement Board, which has the authority to levy fines up to $250.00 per day per violation for every day that the violations continue to exist. Additional penalties, including, but not limited to condemnation, removal of occupants from the premises, and demolition may occur. If the violations are corrected within the time period required, the property owner must immediately notify the City's Code Enforcement Specialist and request an inspection. Any action taken by the City on the property shall be a charge against the property and shall constitute a lien upon such property. Sincerely, Cluljtp Christi Flannigan Code Enforcement Specialist 407-327-1000 ext. 466 Enclosures: All above referenced codes and IPMC sections rtified Mail: 7011 0470 0003 6316 2216 i1 C.A.L.E.A. and 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. ' ❑Agent • Print your name and address on the reverse 4 �� '`^- ❑Addressee so that we can return the card to you. B. Receiv y(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, , ` I/_ or on the front if space permits. 6`�'" $ aaii��' ED Is delivery d=- •ifferent • 11? ❑Yes 1. Article Addressed to: If YES,en •-live addre ❑No -livery sgb: .:. p o\c 2\ 2--b 202 y r� 3( Edie vhovx IkVe- :y ,� LU wkr- 4r'v5 FL 3. Service Type 3 a7o Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merd:iandise ❑ Insured Mail ❑C.O.D. 2t\.ZC J✓Mn 74"l kW 4. Restricted Delivery?(Extra Fee) ❑Yes • 2. Article Number 7 0 11 0470 0 0 0 3 6 316 2 216 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • A �NTFgS v Y City of Winter Springs Building Division Memo To: Christi Flanagan Code Enforcement From: Michael J. Scheraldi, Building Official Date: March 7, 2012 Re: 311 S Edgemon Ave. I am writing this memo as a follow up to our site visit to 311 S Edgemon Ave. You asked that I evaluate the roof covering on the dwelling.The inspection was performed from the property line so my ability to give a detailed report on the conditions found is limited to what I could see from a distance. The roof was found to be in varying degrees of disrepair. This was evidenced by sections of the structure being covered by tarpaulins. In addition, many of the shingles were lifting and not sealing against each other as they should. This condition can allow driven rain to penetrate this layer of roofing and, in the event of a weather condition, it can allow winds to get underneath the shingles and remove them causing even less protection. The condition I witnessed that brings me the most concern was two openings in the roof. One located in the front of the dwelling and another located on the south side. I knew they were openings because cats were entering and exiting the structure through them. The openings in the roof are a serious breach of the structures exterior envelope and if not addressed, will at a minimum allow rain into the structure which can cause additional structural concerns and health issues not to mention the entry of rodents and other unwanted creatures. It can also, in a weather emergency, allow winds to breach the exterior envelope and possibly cause a failure of the roof and other components of the exterior envelope. Section R903 of the Florida Building Code states: "Roof assemblies shall be designed and installed in accordance with this code and the approved manufacturer's installation instructions such that the roof assembly shall serve to protect the building or structure." In addition, Section 304.7 of the International Property Maintenance Code requires the roof and flashing to be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in walls or interior portions of the structure As this roof exists at present, it is not providing this basic protection. Respectfully, Michael J Scheraldi CBO RE: 311 S. Edgemon Page 1 of 1 RE: 311 S. Edgemon Stephanie M. Wolfe Sent: Tuesday, February 14, 2012 8:33 AM To: Christi Flannigan Christi, The tree is definitely dead and has extensive decay. Let me know if you need anything else from me. Thanks, A64,471110 /', WATER CONSERVATION COORDINATOR/ARBORIST CITY OF WINTER SPRINGS 1 126 EAST SR 434 WINTER SPRINGS, FL 32708 PHONE: 407-327-6584 From: Christi Flannigan Sent: Thursday, February 09, 2012 4:28 PM To: Stephanie M. Wolfe Cc: Chris Deisler; Tracy Fugate Subject: 311 S. Edgemon Stephanie, There is a tree on the left side of the property that appears dead/diseased to me, can you take a look when you have a chance? I just seen the tree today. I attached a photo of the tree. Thanks Christi D. Flannigan Code Enforcement Division Winter Springs Police Dept. 300 N. Moss Rd. Winter Springs, FL 32708 cflannigan@wintersprings fl.org 407-327-1800 Ext. 466 Fax 407-327-6652 https://ws-ch-mail-caht/owa/?ae=Item&t=IPM.Note&id=RgAAAABkonJdsofMTKJNH6r2... 3/8/2012 -i 0 I OLD REPUBLIC National Title Insurance Company 2300 Maitland Center Parkway#140 Maitland, FL 32751 Phone: 407-647-1915 Fax: 407-647-1735 OWNER & ENCUMBRANCE SEARCH REPORT Agent File No.: 1193-311 S Edge File No: 12029083 BROWN GARGANESE WEISS & D'AGRESTA PA 111 N. ORANGE AVENUE#2000 ORLANDO, FL 328022873 Phone: 407-425-9566 ATTN: Nancy Ham THIS TITLE SEARCH IS AN OWNERSHIP AND ENCUMBRANCE SEARCH ONLY AND DOES NOT REFLECT TITLE DEFECTS OR OTHER MATTERS THAT WOULD BE SHOWN BY TITLE INSURANCE. Legal Description: Lot 25, Block E,North Orlando Terrace Section Four of Unit One, according to the plat thereof as recorded in Plat Book 17, Page 30, of the Public Records of Seminole County, Florida. Last Record Title Holder: Scott William Roberts Documents of Record (copies attached): 1. Warranty Deed from Wilco Construction Company to Scott William Roberts, an unremarried widower, dated December 19, 1973 and recorded December 21, 1973 in O.R. Book 1004, Page 543, Public Records of Seminole County, Florida. 2. Code Enforcement Lien against Scott W. Roberts and in favor of The City of Winter Springs, a Florida municipal corporation, dated June 22, 2011 and recorded September 26, 2011 in O.R. Book 7637, Page 1156, Public Records of Seminole County, Florida. O&E Search Report Page 1 of 3 st 0&E Search Report Page 2 of 3 Period Searched: From December 19, 1973 to April 2, 2012 @ 8:00 A.M.. Tax Information: Tax ID Number: 03-21-30-506-0E00-0250 2011 Taxes are Paid Back Taxes: None Note: Taxes for the year 2011 in the gross amount of$694.42 were due and payable on Nov. 1, 2011. Said taxes are PAID. Tax ID Number 03-21-30-506-0E00-0250. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has not searched for, nor do we assume any liability as to any, restrictions, easements, reservations, conditions, or limitations of record, further this report does not cover any improvement or special assessments by any county or municipal governmental agency. NOTE: The limit of liability under this certificate for the information furnished herein or for any reason whatsoever, whether based on contract or negligence, shall not exceed $1,000 and shall be confined to the applicant to whom the certificate is addressed. Date: April 05,2012 Authorized Sig tatory 0&E Search Report Page 3 of 3 w5 • CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO:2012CE000744 PETITIONER, v. ADDRESS: 311 S.Edgemon Ave. Scott Roberts 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 July ,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:311 S.Edgemon Ave.Winter Springs,FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Scott Roberts 311 S.Edgemon Ave.Winter Springs,FL CITY CODE SECTION VIOLATED: 108(1,2,3)304.2 304.7 FIRST OBSERVED:Feb.7,2011 DESCRIPTION OF VIOLATION:Unift,unsafe structure,unsafe equipment,no water,roof fallen,doors not working UNLESS YOU:(1)CORRECT THIS VIOLATION BY: July 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 25 Day of June .20 12 . Certified Number:7010 2780 0002 0496 1656 Enclosed:308(1,2,3)304.2 304.7 505.1 (5/1A/4,a SIGNATU• O CODE I ''ECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407-327-1800 Ext.466 TELEPHONE NUMBER AND DEPATMENT FA SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si.-.tu item 4 if Restricted Delivery is desired. x \. ❑ nt • Print your name and address on the reverse 7 Addressee so that we can return the card to you. B. Receiv Printed Name) C of 1' ry • Attach this card to the back of the mailpiece, on the front if space permits. • (Pb t!°rf S l �" D. Is different from Item 1? ❑Ye 1. Article Addressed to: - _i- v: address below: o Scott Roberts 311 S.Edgemon Ave. wr-) F Winter Springs, � $4 3. kl ❑Express Mall ❑Registered ❑Retum Receipt for Merchandise ^ ❑Insured Mall El C.O.D. 201 ZCE 000 74L} C_6 4. Restricted Delivery?(Extra Fee) ❑yes 2. (Thane Number 7010 2780 [1002 0496 1656 (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 • • r r :xral AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as; 311 S. Edgemon Ave. Case#2012CE0002744 was posted on July 2, 2012 with Notice of Code Board Hearing in accordance with Florida Statutes Chapter 162 C. Flannigan C, ` %s4I4Jacvt) Code Inspector Sworn to and subscribed before me this 2 day of J LA/ y ,20 • , Police/Code Enforcement Specialist of the City of Winter Springs,'L and who is personally know to me. •4,tt r Notary Pubic State of Fbrida Notary Public Mandy L Minnetto +� MyComm1 bn e40 82178 9j� Expires 055;11,03e40:871 511112014 C /i (2_011-1 My Commission Expires: Animal Ordinances Section 20.18- URINATING & DEFECATING It shall be unlawful for any animal owner to permit, either willfully or through failure to exercise due care and control, any animal to soil, defile, urinate or defecate on any private or public property, other than that of the owner, without expressed or implied consent. There are several cats in the house the leave and enter freely, oftentimes through the roof. These cats are inside/outdoor cats and there is no apparent designated area for the cats to defecate. Section 20.21-ODORS It shall be unlawful for any animal owner, either willfully or through failure to exercise due care and control, to maintain his animal or the premises upon which said animal is maintained in such a manner as to emit such offensive odors which disturb the comfort, peace or repose of any person residing in the vicinity. When walking around the property on the sidewalk there is an extreme odor of urine and feces that is emitted from this property. It is extreme at the front door. Section 20.51 RABIES VACCINATION REQUIRED It shall be unlawful for the owner of any rabies-susceptible animal,for which a licensed vaccine is available, to fail to have said rabies-susceptible animal vaccinated against rabies by a licensed veterinarian of his choice. Section 20.52 LICENSE TAG REQUIRED Every person owning, keeping, harboring, or controlling any rabies-susceptible animal, except livestock, into the County, shall within 30 days of bringing such animal into the County, register said rabies-susceptible animal, except livestock, with the Animal Control Official and obtain a license tag number. Section 20.57 ANIMAL TO WEAR TAG The required license tag shall be worn by the rabies-susceptible animal at all times unless a licensed veterinarian or the Animal Control Official shall certify that the wearing of said tag is impossible, impractical, or dangerous to the particular type animal involved. The cats I have observed do not appear to have any licenses or tags. They are not wearing collars, and have no identifying markers for shots of county tags. The cats enter the residence at 311 S. Edgemon on a regular basis and appear to reside at the location.