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Home My WebLink About2012 08 21 Public Hearing 503.1CODE ENFORCEMENT BOARD AGENDA ITEM 503.1 REQUEST: August Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. 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 THE CITY OF WINTER SPRINGS, Case #11- 0027365 A Florida municipal corporation, Complainant, v. Joan Dye 644 Silver Creek Drive Winter Springs, Florida 32708 Respondent, 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 February 21, 2012 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. 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) 6 -195. Maintenance of Fences and Walls of the City Code and IPMC 304.6 Exterior Wall Rotten, 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(s) 6 -195. Maintenance of Fences and Walls of the City Code and IPMC 304.6 Exterior Wall Rotten, 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. r CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 11- 0027365 FEBRUARY 21, 2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until March 1, 2012 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 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 27th day of February 2012. Copies furnished to: Joan Dye, Respondent City of Winter Springs, Case File #11- 0027365 CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA CERTIFIED MAIL 7011 0470 0000 9540 9788 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been fu1mished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this r day of 2012. CI 1�6 -1i. 4f 4�yr Caro Lallathi n, Boar Secretary 0" U.S. Postal ServicerM CERTIFIED MAtLIM, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como, O F F I I Postage Certified Fee C3 C3 Retum Receipt Fee C3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r•- Total Postage & Fees Sent To -Jf � sl Street Apt. No.; f0 ry' �T or PO Box No. 6' 5/L fE/ City, State, ZIP+4 Ali 5 PS Form 3800. August 2006 Postmark Here #JJ 4< S -�- 3 ?708 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: JOAN EVE 644 S,iv R ekEffK 'lR. 7a8 4t/i- 00gM S 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) in Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Servl a Type 2'Certified Mail 0 Registered 0 Insured Mail O Express Mail Gietum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7011 0470 0000 9540 9788 PS Form 3811, February 2004 Domestic Retum Receipt 102595 -02 -M -1540 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA COMPLAINT NO. 11- 0027365 CODE ENFORCEMENT BOARD, PETITIONER, v. City of Winter Springs RESPONDENT. Joan Dye ADDRESS: 644 Silver Creek Dr Winter Springs FL 32708 STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 21 DAY OF August 20 12 AT THE CITY HALL, 1 126 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: 644 Silver Creek Dr. Winter Springs FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Joan Dye 644 Silver Creek Dr. Winter Springs FL 32708 NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: Joan Dye 644 Silver Creek Dr. Winter Springs FL 32708 CITY CODE SECTION VIOLATED: IPMC 304.6 DESCRIPTION OF VIOLATION. Property has missing sections of exterior wall around chimney area DATE VIOLATION WAS FIRST OBSERVED: November 29, 2011 THIS CASE WILL BE BROUGHT BEFORE THE CODE ENFORCEMENT BOARD ON THE DATE GIVEN ABOVE. IF THE BOARD FINDS YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE, YOU MAY BE FINED UP TO FIVE HUNDRED DOLLARS (5500.00) 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 $ TATUTES SECTION 162.09. THIS HEARING SHALL BE CONDUCTED PURSUANT TO SECTION 2-60 OF THE CITY OF WINTER SPRINGS, FLORIDA, AND FLORIDA STATUTES CHAPTER 16;. 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. CODE BOARD I MAY IN ENTERED I AGAINST YOU REPRESENTATIVE, NDING YOU MA ,�%fs ATION 9F THE CITY CODE AS STATED THE DATED THIS 26 OF July DAY ,20 12 SIG FCODE INSPECTOR Cpl. Jim Flannigan TYPED OR PRINTED NAME OF CODE INSPECTOR City of Winter Springs Police Department CITY DEPARTMENT 407 - 327 -1000 ext 448 TELEPHONE NUMBER OF OFFICE OF CODE INSPECTOR I CERTIFY A CODE OF THIS DOCUMENT WAS SERVED BY HAND DELIVERY/ CERTIFIED MAIL THIS 26 DAY OF July 20 12 CERTIFIED /DELIVERED BY 70102780000212269966 RECEIVED BY: WSPD 115 REV. 10 -02 -02 PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD * *Higher fines may be imposed due to repeat offender's violations ** 0 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comE -D 11.1 r-1 f1.1 Return Receipt. Fee CI (Endorsement Required) Certified Fee 7010 2780 Restricted Delivery Fee (Endorsernent Required) Total Postage & Fees Sent To Street, Apt No.; or PO Box No. 6 "41.1, 5,14 V 441 k 2 Z-n City, State, Z1P+4 OA"' PS Form 3800, August 2008 2 See Reverse for Instructions AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 644 Silver Creek Dr City Of Winter Springs case number 11- 0027365 has been posted with Notice of Code Violation on August 7, 2012 after attempting to mail the notice by Certified Mail through the United States Postal Service. Property Posted by Cpl. Jim Flannigan ,✓, The above signed person has sworn to this statement on 7th day of August 20 1 �. Notary Signature Stamp: a "' "" TERRY T. BAKER Notary Public - State of Florida ` • My Comm. Expires Jan 10, 2016 Commission N EE 1511530 „� •'' Bonded Through National Notary As... USPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile USPS.COM Quick Tools Ship a Package Track & Confirm Register! Sign In Search USPS.com or Track Packages Send Mall Manage Your Mail Shop Business Solutions GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 70102780000212269966 Delivered July 31, 2012, 3:31 pm WINTER Certified Mail ''' SPRINGS, FL 32708 Notice Left July 27, 2012, 3:34 pm WINTER SPRINGS, FL 32708 Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM ON ABOUT.USPS.COM Privacy Policy , Government Services , About USPS Horne , Terms of Use , Buy Stamps & Shop ; Newsroom FOIA . Pont a Label with Postage Mail Service Updates No FEAR Act EEO Data , Customer Service , Forms & Publications Site Index , Careers OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General , Postal Explorer Copyright:, 2012 LISPS. All Rights Reserved. https: // tools. usps. com /go /TrackConfirmAction.action 8/7/2012