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Home My WebLink About2012 08 21 Public Hearing 503.2CODE ENFORCEMENT BOARD AGENDA ITEM 503.2 August REQUEST: Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. 1 nun p 4.ded 4'9 LORIOP 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- 0027259 A Florida municipal corporation, Complainant, v. Jaimi and Gregory Putze 707 Sybilwood Circle 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 January 17, 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) 13 -2 Trash and Debris and Section(s) 6 -217. No Pool Enclosure 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) 13 -2 Trash and Debris and Section(s) 6 -217 No Pool Enclosure 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- 0027259 JANUARY 17, 2012 PAGE 2 OF 3 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until February 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 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. That violations existing on the property present a serious threat to the public health, safety and welfare and that if Respondent fails to correct the violations within the time period set forth herein, that the City Commission be notified of said violations pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Commission which may authorize all reasonable repairs required to bring the property into compliance, as permitted by section 162.09(1), Florida Statutes. 4. 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; 5. 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. 6. 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 11I, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 20th day of January 2012. Copies furnished to: Jaimi and Gregory Putze, Respondent City of Winter Springs, Case File CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Hugh Fisher ice Chairperson CERTIFIED MAIL 7011 1570 0003 5657 2936 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 11- 0027259 JANUARY 17, 2012 PAGE 3 OF 3 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 this ,,,TOM day of 1 n cut u , 2012. n Brown, Board Secretary CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA COMPLAINT NO. 11-0027259 CODE ENFORCEMENT BOARD, ADDRESS: 707 Sybilwood Cir PETITIONER, Winter Springs FL 32708 v. City of Winter Springs RESPONDENT. Jaimi Putzke 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, 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: 707 Sybilwood Clr Winter Springs FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Jaimi M & Gregory Putzke NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: Jaimi M & Gregory Putzke 707 Sybilwood Cir Winter Springs FL 32708 CITY CODE SECTION VIOLATED: 13-2 DESCRIPTION OF VIOLATION: Property has a stagnant pool that is still has not been corrected. Property has again items outside be stored. I observed pile of tree cuttings and other debris in the side yard. DATE VIOLATION WAS FIRST OBSERVED: November 1, 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 ($500.00) 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 FINDINGY U IN VIOLATION OF THE CITY CODE AS STATED ABOVE. DATED THIS 26 DAY OF July 20 12 . URE OF CODE 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 1 CERTIFY A CODE OF THIS DOCUMENT WAS SERVED BY HAND DELIVERY/ CERTIFIED MAIL THIS 26 DAY OF July 20 12 . CERTIFIED /DELIVERED BY 70102780000212269928 WSPD 115 REV. 10 -02 -02 RECEIVED BY: PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD * *Higher fines may be imposed due to repeat offender's violations ** CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA COMPLAINT NO. 11-0027259 CODE ENFORCEMENT BOARD, ADDRESS: 707 Sybilwood Cir PETITIONER, Winter Springs FL 32708 v. City of Winter Springs RESPONDENT. Gregory Putzke 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 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: 707 Sybilwood Clr Winter Springs FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Jaimi M & Gregory Putzke NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: Jaimi M & Gregory Putzke 707 Sybilwood Cir Winter Springs FL 32708 CITY CODE SECTION VIOLATED: 13 -2 DESCRIPTION OF VIOLATION: Property has a stagnant pool that is still has not been corrected. Property has again items outside be stored. I observed pile of tree cuttings and other debris in the side yard. DATE VIOLATION WAS FIRST OBSERVED: November 1, 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 (S500.00) 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 ENFORCEM ENT 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, Y ' U MAY LOSE YOUR RIGHT TO A HEARING AND THE CODE BOARD MAY ORDER A DEFAULT BE ENTERED AGAINST YOU FIND I /OU 1 VIOLATION OF THE CITY CODE AS STATED ABOVE. DATED THIS 26 DAY of July .20 12 . ATURE OF CODE 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 1 CERTIFY A CODE OF THIS DOCUMENT WAS SERVED BY HAND DELIVERY/ ✓ CERTIFIED MAIL THIS 26 DAY OF July 20 12 . CERTIFIED /DELIVERED BY 70102780000212269935 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 ** c0 ru Er 2780 0002 12 D rR D U.S. Postal Service,. CERTIFIED MAJLTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come ,./-0t:)..? 7A . rosiage Certified Fee Return Receipt Fee (Endorsement Flequired) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ LIZ ••• 4 14stmark Here so (,) Sent ro ,Itreet, Apt.1Vo.: or PO Box No. '7Z/' City State, ZIP+4 41/ ,jren .5 if) rzd'A.,il5 7e) 7 SY'4I4 1-•1.0tr PS Form 3800, August 2006 c 3 See Reverse for Instructions rn ru r-9 ru LJ D D D nJ rR 1:0 U.S. Postal Service TM CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com ostle Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fe Sent To St?4,60n gtreet, Apt. No.; or PO Box No. 707 (.5 ,sec pap C City, State, Z!P+4 < ,'Tekr s fin Z' /1-.4 32.7 PS Form 3800, August 2006 See Reverse for Instructions AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 707 Sybilwood Cir City Of Winter Springs case number 11- 0027259 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. J. Flannigan The above signed person has sworn to this statement on 7th day of August 20 12 Notary Signature Stamp: —aa a ft yrsP, ,, TERRY T. BAKER Notary Public •State of Fbrida a My Comm. 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