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Home My WebLink About2012 09 18 Public Hearing 503.1 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.1 Consent Public Hearings X Regular September Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. F ,o t ;a, CITY OF WINTER SPRINGS, FLORIDA u i\ported 1126 EAST STATE ROAD 434 �gsy WINTER SPRINGS, FLORIDA 32708-2799 F4ORIOP 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#2012CE000744 A Florida municipal corporation, Complainant, v. Scott Roberts 311 South Edgemon Avenue 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 July 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. (c) Overgrown Yard and 13-2. (d) Dead/Diseased Tree of the City Code, and IPMC Sections 108.1.1 Unsafe Structures, 108.1.2 Unsafe Equipment, 108.1.3 Unfit for Human Occupancy, 304.2 Protective Treatment, 304.7 Roofs and Drainage, 505.1 General (Water System) as Adopted by Section 6-300 of the City Code, and Seminole County Chapter 20 — Animal Ordinances 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 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. (c) Overgrown Yard and 13-2. (d) Dead/Diseased Tree of the City Code, and IPMC Sections 108.1.1 Unsafe Structures, 108.1.2 Unsafe Equipment, 108.1.3 Unfit for Human Occupancy, 304.2 Protective Treatment, 304.7 Roofs and Drainage, 505.1 General (Water System) as Adopted by Section 6-300 of the City Code, and Seminole County Chapter 20—Animal Ordinances; CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2012CE000744 JULY 17,2012 PAGE 2 OF 3 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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until August 10, 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 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. 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 18th day of July 2012. CODE ENFORCEMENT BOARD OF THE CIT gip WINTER SPRINGS,FLORIDA i allra;■- - ' I - ood, •hairperson Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5657 3186 Scott Roberts, Respondent City of Winter Springs, Case File#2012CE000744 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2012CE000744 JULY 17,2012 PAGE 2 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 76 day of ,2012. Sean Be. .•et,Board Secretary offromailigggEEMINS a n ri resnciett.nt AI■Itil Csar,..-.1,c. I F.• CITY OF WINTER SPRINGS II 1 I III 111 11 1 111 I III 1. o$7/ :2 5250:22V:j;;„ 217) 1126 EAST S R 434 -7i WINTER SPRINGS, FLORIDA 'toind• 32708-2799 7011 1570 0003 5657 3186 r.:..-,. 411114 Mailed From 32708, :"A:S ...Cil . t, COI-4.- Abbell ‘'‘'N' li• V 3-fi kl\ 1r .4., 31761 " 1 ;., r: _4 a PE7UN TO RC- 42 i i-LR , : •L' C't,“, '= 1 1 CM - i'il- -) -1r8 ?rt - 47 [ ....-r..7:204iSt'elPA2 799 Lii:14111111$1thAl,,lhiH40,1511, 461.13il ■ 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 5:30 P.M. ON THE 18 DAY OF Sept. ,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: 13-2,108.1.1.108.12,108.1.3 FIRST OBSERVED:4-11-12 304.2 t 3u41.7,So5.l DESCRIPTION OF VIOLATION: dead trees,exposed electrical,no water,soffits falling,gutters,protective treatement UNLESS YOU:(1)CORRECT THIS VIOLATION BY:Sept. 17,2012 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 MAY 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 AGAINST YOU FINDING YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE. I certify a copy of this document was sent by Certified Mail on 29 Day of August .20 12 . Certified Number: 7010 2780 0002 1226 8969 Enclosed: 13-2,108.1.1, 108.1.2,108.1.3, 3011. , Soq.7, 5OS.I aULIAVEL A_QQ M Nu, � SIGNATURE OF CODE PECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407-327-1000 Ext.466 TELEPHONE NUMBER AND DEPARTMENT U.S. Postal Service TM CERTIFIED MAILTM RECEIPT Er (Domestic Mail Only;No Insurance Coverage Provided) Er For delivery information visit our website at www.usps.comv ri2-91 000-144 Postage $ • id ad Certified Fee ru (c0 1:3 Return Receipt Fee CD k‘V° 11.16 0 (Endorsement Required) e C4 Restricted Delivery Fee (Endorsement Required) N Total Postage&Fees $ • ru Sentto r-R SCOTT W ROBERTS c3 Street Apt'No.; 311 S EDGEMON AVE Cr PO Box No. ity,State,ZIP+4 WINTER SPRINGS,FL 32708 ' PS Form 3800,August 2006 See Reverse for Instructions 1 AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 311 S. Edgemon Ave City of Winter Springs case number 2012CE000744 Has been posted with Notice of Code Board Hearing notice on 8-29-12 Also noticed by Certified Mail through the United States Postal Service. Property Posted by: Christi Flannigan Ckv2s1_,J220),,tujetus__, The above signed person has sworn to this statement on 2a1 day of <ac�-3 20 2..- °'•' TERRY T.BAKER Notary Signature WI Nry •SN My Comm. Expires Jan 10 2016 V,, � C .nrmrssron +M EE 1$$S30 Stamp: + •'fftf,t,` aaua Bonded TMOUgn NaMnal Notary Ann. USPS.com® - Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register/Sign In �� A . Search irc�°°��LJ�.f�.,co nn or...F ira c k ::1 a dk a e s °_ �ww CwAICk, If Ools Ship p a f::I cka e �e ri Il ii lll a ri a e YO L"II' a ii lll Shop LA s ii riess d wA-aiol1 s Track & Confirm G:: :: .. "E: YOUR LAIII.:au...iNIUn iEIuE]R SEE]RviiiQE.: sr rus ui::)r,ouuz iir iii..a u:A'iii:::vnmi i::: u...00A'riiiGNI 701027 0000212281 8 Notice Left August 31,2012,2:28 pm WINTER Certified Mail TM SPRINGS,FL 32708 www.usps.com/redelivery or calling 800-ASK- USPS,or may pick up the item at the Post Office indicated on the notice.If this item is unclaimed after 15 days then it will be returned to the sender.Information,if available,is updated periodically throughout the day.Please check again later."> Check on Another Item What's your label(or receipt)number? 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