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Home My WebLink About2012 09 18 Public Hearing 503.2 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.2 Consent Public Hearings X Regular September Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. `P1�NT-- S CS A* I , ,, CITY OF WINTER SPRINGS, FLORIDA U fn �� H7rated , 1126 EAST STATE ROAD 434 \ tvs� WINTER SPRINGS, FLORIDA 32708-2799 �ORtOP 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#12-0027722 A Florida municipal corporation, Complainant, v. Ahmad Kamalvand and Ferideh Khatooni 1100 Shadowbrook Trail 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. (e). Stagnant Pool 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. (e). Stagnant Pool. 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 12-0027718 JULY 17,2012 PAGE 2 OF 3 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. 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 authorizing 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 III,Division 2. DONE AND ORDERED at Winter Springs,Florida,this 18th day of July 2012. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA —.....",04411., . 4Q1111 ood,Chairperson Copies furnished to: CERTIF D MAIL 7011 1570 0003 5657 3179 Ahmad Kamalvand and Ferideh Khatooni,Respondent City of Winter Springs,Case File#12-0027722 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12-0027718 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 24 day of JLI/ ,2012. Sean eaudet,Board Secretary NOTICE OF CODE VIOLATION WARNING City of Winter Springs, Florida Winter Springs Police Department To: RESIDENT/PROPERTY JhY OWNER 1 ADDRESS: 11 0 0 do S k- 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, ❑ 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. ❑ INTERNATIONAL PROPERTY: Maintenance code. ❑ COMMERCIAL USE OF RESIDENTIAL AREA: 20 -432 Remove commercial vehicle or equipment/ discontinue business without proper permit. ❑ FENCE IN NEED OF REPAIR: 6 -195 Repairs over $100 require permit. 6 -185 ❑ 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 Stagnant Pool. 13 -2(b) ❑ No pool enclosure. 6 -217 ❑ UNPERMITTED CONSTRUCTION: CHAPTER 6 Obtain permit, call 407- 327 -1800. ❑ OTHER: COMMENTS: PLEASE CORRECT VIOLATION ON OR BEFORE: I (Y)046 ❑ HOMEOWNER MUST NOTIFY INSPECTOR WHEN THE VIOLATION IS CORRECTED. If you have any questions on the proper remedy for this violation, please contact the listed inspector. (407) 327 -1000 Ext: to la INSPECTOR: Cf Ipt v m i p1 DATE: 1 4. Event Number: (90 aim - it 01 CEOO/OgQ (2-002 .-7 12z. l • CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 12-0027722 PETITIONER, v. ADDRESS: 7105 CORPORATE DR Bank of New York Mellon PLANO,TX 75024 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: 1100 ShadowBrook Ct Winter Springs,FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Bank of New York Mellon 7105 Corporate Dr. Texas CITY CODE SECTION VIOLATED:City Ord 13-2 FIRST OBSERVED:April 20,2012 DESCRIPTION OF VIOLATION:stagnant pool UNLESS YOU:(1)CORRECT THIS VIOLATION BY: September 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 8884 Enclosed:City Ord 13-2 C—Lt-(6.1, YI`J SIGNATURE OF COIF INSPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407-327-7558 TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 1100 Shadowbrook City of Winter Springs case number 12-0027722 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 C. vtaP The above signed person has sworn to this statement on .c31 day of C-Ni 2017, taboa _ P TERRY T.MKER Notary Signature ,' Notary PUQNC-Sate of FbNOa•• My Comm.Expires Jan 10.2010 Commission•EE 155530 Stamp: s.;;,o,;,;, `�� Bonded Through National Wiry Assn. U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come eD ru 12ODz?72 . fLJ Postage Certified Fee • 95 AUG /fit�( 2 rLJ �J�1 Return Receipt Fee O (Endorsement Required) \ Here Restricted Delivery Fee (Endorsement Required) N Total Postage&Fees $ 3 • ru o Sent To Bank of New York Mellon ra O street,Apt-No.; 7105 Corporate Dr. or PO Box No. Plano,TX 75024 City,State,ZIP+4 PS Form 3800,August 2006 See Reverse for Instructions USPS.com® - Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register/Sign Search U f ,conn or..Firack ::1adkares °_ �ww CwAICk, If ools Ship p f::I c�, e �e ri Il ii lll ri e YO L"Il ii lll Shop LA s ii riess d wA-aiol1 s Track & Confirm G:: :: .. 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