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Home My WebLink About2012 09 18 Public Hearing 503.3 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.3 Consent Public Hearings X Regular September Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. • — �yxNTE, u(Ciiis, 1 CITY OF WINTER SPRINGS, FLORIDA . trio{xirated 1126 EAST STATE ROAD 434 _______y�ivsv WINTER SPRINGS, FLORIDA 32708-2799 LORIoP' 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#12-0027671 A Florida municipal corporation, Complainant, v. Sidney and Jules Testerman 245 East Tradewinds Road 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) 20-411. Trailers in Residential Areas, 13-2. (b) Junk and Debris, 13.2. (e) Stagnant Pool, 6-217. Pool Enclosure of the City Code, and IPMC Sections 304.2 Protective Treatment, and 302.7 Accessory Structures, 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)20-411. Trailers in Residential Areas, 13-2. (b)Junk and Debris, 13.2. (e) Stagnant Pool, 6-217. Pool Enclosure of the City Code, and IPMC Sections 304.2 Protective Treatment, and 302.7 Accessory Structures, 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. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12-0027671 JULY 17,2012 PAGE 2 OF 2 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. Such fine shall be retroactively imposed commencing on July 17, 2012. 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 CITY OF WINTER SPRINGS,FLORIDA 4r .,,0 ,....41, ,_ - i eigh r, airperson Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5657 3193 Sidney and Jules Testerman,Respondent City of Winter Springs,Case File#12-0027671 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 Zo day of .�i,11 , 2012. .y Sean B ,Board Secretary CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 12-0027671 PETITIONER, v. ADDRESS: 245 East Tradewinds Road Sidney&Jules Testerman 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:245 E.Tradewinds Rd.Winter Springs,FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Sidney&Jules Testerman 245 E.Tradewinds Rd. CITY CODE SECTION VIOLATED: 13-2,IPMC 304.2,302.7 FIRST OBSERVED:4-5-12 DESCRIPTION OF VIOLATION: junk&debris-driveway&yard,protective treatment missing,accessory structure falling 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 8945 Enclosed: 13-2,304.2 302.7 SIGNATURE OF COYE INSPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407-327-1000 Ext.466 TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 245 E. Tradewinds Rd. City of Winter Springs case number 8-2942 la). 00 •A-7 (¢-'/ 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 CA The above signed person has sworn to this statement on 2.9 day of'C" tA.c3 20 N q.. (--- ..1.-4.1r: .100,.‘22--k Notary Signature ( „•,;;:, TERRY T BAKER si°`'P- �� No'- , Puonc State of Florida 7. Stamp: ' t •' = ''y CUlf m te9 res jar '0 2016 P Y= 0 74,, ,,— : C,o, r csitir•. k !f 4r,ti a,, U.S. Postal Service TM CERTIFIED MAIL,. RECEIPT Lr7 (Domestic Mail Only;No insurance Coverage Provided) [f' For delivery information visit our website at www.usps.com ca OFFIC0IAL USE N .01. ge SZ.S(1 rg Certified Fee :95 fl.l co Poarnr161 Return Receipt Fee O ``G O (Endorsement Required) P — Q Restricted Delivery Fee (Endorsement Required) N Total Postage&Fees M M RI Sent Yo SIDNEY B&JULIE S TESTERMAN O ' treet,Apt.Wo.: 245 E TRADEWINDS RD or PO State, WINTER SPRINGS, FL 32708 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 LJ f ,conn or..Firack ::1adkares °_ �ww CwA ICk, If,Odls Ship p f::Ia�k e �e in II ii lll II 'i age O L"II ii lll Shop LA s ii iness lwA-6i011 s Track & Confirm You entered:70102780000212268945 II) liv ory status information is not available for your item via this web site.A return receipt after mailing may be available thorough your local 1Post Office. 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