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Home My WebLink About2012 09 18 Public Hearing 503.4 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.4 Consent Public Hearings X Regular September Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. O�4--ANTER S v CITY OF WINTER SPRINGS, FLORIDA Inan posted 1959 1126 EAST STATE ROAD 434 4L6 RiDP' 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, A Florida municipal corporation, Case#12-0027649 Complainant, v. Daniel White 45 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 Cod Board of the City of Winter Springs, Florida, on August 21, 2012 to determine whether any vi Winter Springs Code of Ordinances �� Code Enforcement arguments of the parties and the evidence and testimony presented,edn and Property. y olations of the City of arguments fully advised,parties the and following ev en e an tFact ony presen e , p g The Board, having heard the having reviewed the record and being set forth herein. Conclusions of Law are incorporated into this Order as Findin s of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board find 1. p provided finds: That Respondent was rovided a Notice of Violation in accordance with Section 2-59 of the Ci ty Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 6-195. Maintenance of Fences or Walls and 13.2. (b) Jun exist(s) or existed upon the Property and that Respondent was further provided a reasonable exists) or; ( ) k correct Debris time to correct said 3. That Respondent either failed or refused to correct such violation(s) within the reasonable provided in the Notice of Violation; that the Respondent was provided notice of hearing before th Board and was not present at the hearing; time period the Code Enforcement 4. That based on the testimony and evidence presented, Respondent has violated the Ci ty Code, to wit: . Section(s)6-195. Maintenance of Fences or Walls, 13.2. (b)Junk and Debris; 5. That said violation(s) exist(s) or existed within the Ci ty of Winter Springs and that such constitut es) violation(s)of the City of Winter Springs Code of Ordinances. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12-0027649 AUGUST 21,2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until August 31, 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 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 23rd day of August 2012. CODE ENFORCEMENT BOARD OF THE CITY lig WINTER SPRINGS, FLORIDA ell%lar L.Ira- •igh JC f. e son Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5656 1350 Daniel White,Respondent City of Winter Springs,Case File#12-0027649 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 13"1 day of 1 ,2012. Sean Be et, Board Secretary UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.0-10 • Sender: Please print your name, address, and ZIP+4 in this box • pFtECE1VED AUG 2 7 2012 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 OFFICE OF THE CITY CLERK WINTER SPRINGS,FLORIDA 327 08 ft ++ ( tt ++ I z ooz 7(Dirf '1 i1�i11 i17�i 11��I/II 11111 tI illltl.111111 hit.llli jell/11f i ll? • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. S: ature item 4 If Restricted Delivery is desired. X IA / / 0 Agent • Print your name and address on the reverse _� L L _l. '••.z. so that we can retum the card to you. B. -eCBlv..b (Printed Na : C. Date• r ivery • Attach this card to the back of the maiipiece, ` f ' - or on the front if space permits. LA ii r! Any 6.�, D. Is d_i :. :�• = different from item 1? 0 Ye 1. Article Addressed to: If Y-- =r ` 5-s below: 0 No P- (6604,1 v k' 4U6 2 4 2vh: .M 3. S= Ice lype �`" 4' s. J �.� q,(GnuG o «. _,�all 0 ._ l `A/ /P _ S ` J �Z,Tv1 0 Reg-,_.-.PS etum Receipt for Merchandise +J I " 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 1570 0003 5656 1350 Munster�n>service iaaeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 12-0027649 PETITIONER, v. ADDRESS: 45 S.Edgemon Ave. Daniel White 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 September ,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: 45 S.Edgemon Ave.Winter Springs,FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Daniel White 45 S.Edgemon Ave.Winter Springs CITY CODE SECTION VIOLATED: 13-2&6-195 FIRST OBSERVED: 3-29-12 DESCRIPTION OF VIOLATION:junk&debris(outside storage)in the front yard.fence is in disrepair UNLESS YOU:(1)CORRECT THIS VIOLATION BY: September 18,2012 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 6 Day of Sept. .20 12 . Certified Number: 7010 2780 0002 1226 9171 Enclosed:13-2 &6-195 ., ATURE OF CODE INSPECTOR Chris Deisler TYPED NAME OF CODE INSPECTOR 407-327-1800 Ext.402 TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 45 S. Edgemon Ave. City of Winter Springs case number 12-0027649 Has been posted with Notice of Code Board Hearing notice 9-6-12 on Also noticed by Certified Mail through the United States Postal Service. Property Posted b : C. Flannigan C;� 1� I'd The above signed person has sworn to this statement on 6 day ofS ef.i 20 - 6SO/24a-it, ',,,9,, TERRY t.BAKER 4P s4 Notary Public-State of Floritli My Comm Expires Jan 16,?016 Notary Signature Comm,ss on r F '585 10 ,,,,PPs's Ronaetl '9r; ;' • .. assn. -•,.,.- Stamp: