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HomeMy WebLinkAbout2012 11 20 Public Hearing 502.3CODE ENFORCEMENT BOARD AGENDA ITEM 502.3 November Regular Meeting REQUEST: Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. POLICE WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road • Winter Springs, FL 32708 Business (407) 327 -7999 • Fax (407) 327 -6652 Kevin P. Brunelle Chief of Police September 20, 2012 Carol Browning 992 Sleeping Rock Ct. Winter Springs, FL 32708 Re: 12- 0028254 (992 Sleeping Rock Ct.) NOTICE OF CODE VIOLATIONS An inspection on September 10, 2012 of above mentioned property noted the following violation(s) of Winter Springs City Code(s) /Ordinance(s): Trash & Debris Unsafe /Unsanitary Stagnant Pool No Pool Enclosure Unsafe Equipment Unfit for Human Occupancy Sanitation Sidewalks & Driveways Enclosure Protective Treatment Exterior Walls Roof & Drainage (Gutters) Overhang Extensions Stairways, decks, porches & balconies Windows, skylight, & door frame Insect Screens Doors Building Security Doors Windows General (Interior) Interior Surfaces Disposal of Garbage Dryer /Exhaust Vent Smoke Alarms Animals at Large Animal Odors Rabies vaccination Required nim.ls re•uire• t• have ta•s im.I re • ire• t• we r t City Ord. 13 -2 B City Ord. 13 -2 C City Ord. 13 -2 E City Ord. 6 -217 IPMC 108.1.2 IPMC 108.1.3 IPMC 302.1 IPMC 302.3 IPMC 303.2 IPMC 304.2 IPMC 304.6 IPMC 304.7 IPMC 304.9 IPMC 304.10 IPMC 304.13 IPMC 304.14 IPMC 304.15 IPMC 304.18 IPMC 304.18.1 IPMC 304.18.2 IPMC 305.1 IPMC 305.3 IPMC 307.3 IPMC 403.5 IPMC 704.2 SC Animal Ord. 20 -17 SC Animal Ord. 20 -21 SC Animal Ord. 20 -51 SC Animal Ord. 20 -52 SC Animal Ord.20 -57 C.A.L.E.A. and State of Florida Accredited Agency Please correct these violations by: • Cleaning the trash & debris from the yard, along with inside the residence, including the pieces of wood in the side yard, the garbage bags from the rear yard, and the propane tank. There are potted plant holders at the driveway full of water and junk, some are broken; remove these also. • Clean the furnishings and the decking of the pool. It is unsanitary in the current condition. • Clean the stagnant pool; bring water to a clear state or drain the pool. This includes the stagnant water from the atrium area, the potted plant holders, and the small pool in the back along with the in ground pool. • Repair the screens and the doors to the pool area. The pool enclosure doors must close /lock and have secure screen panels. • The air conditioner unit in garage is covered in mold, mildew, surrounded by clothes and other flammable objects; the water heater in garage needs a clearance around it to prevent a fire hazard. There are electrical wires attached to the air conditioning unit that are hanging loose from the ceiling and it appears to be grounded to the wall. Repair and have electrical wires checked by a licensed electrician after obtaining permits for work. The dryer and washer area has clothes piled behind them and around them; the machines are not receiving proper ventilation. There is an extension cord on the pool deck that has other extension cords running from it; they are exposed to the weather and it has an electrical current flowing through them. • The structure is unsafe /unfit for human occupancy. The contaminants in the air are potentially harmful based on the extreme smell of urine and fecal matter. The filth of the interior of the structure is below standards for human inhabitation. There is dried and fresh animal feces and urine in the house, in the carpets and padding, and lying on the floor in various places. Their smell is overpowering and dangerous to breathe. The sanitation of the kitchen and the dishes /cups with dried liquids in them are a hazard to the occupants because of increased risk of sickness from the contents. There does not appear to be any ventilation (central air conditioning or fans) to relieve the occupants from the odors. There are many cat litter boxes that are overflowing, forcing the multiple animals to defecate in the house in an unsanitary manner, such as in the bathtub. The entrances and exits are blocked by piles of clothes and other debris in the house and garage. There is a dried paint roller lying in a paint pan that appears to have been left in the living room to dry up. Until the air, carpet, concrete, animal issues, garbage and interior is cleaned and sanitized, the odors and the contaminants in the air of the residence can be harmful to human health. 2IPage • Clean the exterior porches and deck of the house; remove the overgrowth in the pool enclosure area; clean the multiple piles of feces from the interior of the house and the yard. The house has several areas that were covered in a green growth of some form growing on the outside. • Repair the broken areas of concrete and remove the tripping hazard. The driveway has large pieces of concrete that are lifted and broken. These lifted pieces create a tripping hazard and a hazard to the vehicles that are entering /exiting the driveway because of the height and manner they are lifted. • The pool enclosure has to have self closing and latching mechanism. These mechanisms on both doors needs repaired. The enclosure does not meet the requirements of the safety barrier it was intended to provide. The doors are broken to the point of not being attached to the metal frame (to the right of the rear sliding doors). The pool enclosure door to the left has a broken self - closing mechanism and the grass is so overgrown that the door will not close. There are missing screens in the enclosure; these have to be replaced and repaired along with the screens of the doors. • The half wall at the end of the driveway has paint peeling off of it; apply protective treatment to this area to prevent deterioration. There is a large hole on the left side of the house (looking from the street); repair the hole and reapply the protective treatment to prevent deterioration. There are various areas of the house that has paint peeling and chipping from the structure; repair these areas also. • From the street to the left of the house there is a hole in the exterior wall near the ground. The hole is about 18 inches tall; repair this hole and reapply the protective treatment to the patched area to prevent rodents and such from entering the walls, attic space, and other areas of the structure. • Clean the gutters and reattach the broken ones so that they can provide the correct drainage as intended. The gutters are full of leaves and there are broken gutters. There is a large gap (hole) in the overhang extensions (soffits); repair the hole to prevent rodent entrance, infestation of bugs, and the elements from entering the structure. • The doors of the residence must be in good condition and all hardware must be in good working condition. The front door does not close in a weather -tight manner. The bathroom door allows for elements to enter without the locking mechanism attached. The window unit air conditioners allow for elements to enter the residence, along with rodents and bugs. Repair the front door to allow for closure; install a lock on the bathroom door, install window air conditioners as per building specifications or remove them. There is a door to an atrium that does not close correctly or secure. The doors are to be in good condition, including lock assemblies. 3IPage • The ceiling in the garage has plaster and drywall that is falling down; there is also mold /mildew (dark colored substance) that is on the air conditioning unit, the ceiling, and the wall. This may require a mildew specialist to check that it is not a hazardous form of mildew. The walls have paint peeling off them; repaint the wall to prevent further issues. There is a large hole in one of the bedroom walls, repair the hole and repaint the surface as per code. The condition of the carpets, tile floors, the interior walls, and the surfaces are not sanitary. These all need to be cleaned and possibly have a sanitation crew enter to remove the contaminants from the air and the interior surfaces of the residence. • Clean the garbage from the interior of the house, including garage, porch, patio, and yard. Garbage can not be left laying around inside or in the yard. The garbage must be placed in a container to be removed. For the propane tank in the yard, call WastePro or EPA for removal guidance. Remove all the filled garbage bags from the rear yard, inside of the house, and in the garage area. • The dryer has no vent attached to it to provide exhaust ventilation as per manufacturer instructions. Clean the lint from the laundry area and install dryer ventilation hoses (tubes). • There are no smoke alarms in the residence. Install smoke alarms. • Numerous cats were observed coming in and out of the residence and coming from various directions of other residences and the street. Several cats that obviously belong to this property as stated by witness (tenants or roommates). Cats cannot run loose and owners must exercise due control. With multiple cats at the residence, proof of vaccinations for rabies needs to be provided. This proof is to be from a licensed veterinarian. The cats did not have, nor was anyone able to provide proof of county tags for the multiple cats. All the animals at the residence are required to have county tags; this proof comes in the form of receipt from the Seminole County Animal Services Office. The roommates /tenants advised that there were at least 10 cats at the residence; receipts will be expected to be provided to prove compliance of all cats at the home or proof of the removal of the animals. Animals are required to have license tags; none of the cats nor dog displayed tags. A collar was on the pool deck but none were on the animals and this collar did not have tags on it. Direct observation of such tags being worn by the cats and the dog will be needed to comply with this ordinance unless proof of the removal of the animals is given. Within fifteen (15) days after notification, these violations need to be corrected. Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement of said corrections by the date will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day per violation for every day that you remain in violation. 4IPage As per our conversation on September 18, 2012 at City Hall, please call me and I will be happy to schedule a time to go over each violation with you at the house so that I can show you what needs to be addressed. Professionally, Christi Flannigan Code Enforcement Specialist 407-327-1000 ext. 466 Enclosures: City Ord, 13-2, 6-217 IPMC 108.1.2,108.1.3,302.1,302.3, 303.2, 304.2,304.6,304.7,304.9,304.10, 304.13 304.14,304.15,304.18.2,304.18,305.1,305.3, 307.3, 403.5, 702.3, and Seminole County Animal Ord. Chapter 20 (entirety) All applicable sections have been highlighted Certified Mail: 7010 2780 0002 1226 8037 5IPage 010 270 0002 12E..6 8037 E1E,E1.11Maa1 „)11111111111111111111,11. "411j11111111111111111111 v 111:a„avvv 1111111 00011 11111111111111111111 1111111111111111 aa' olip11,1111,1,1,1,1,1,1,11,1!,11,1111111).)1 „„„„,„.„ 11111Evvvvvvvvvvv„,avav,v111,0v1Vavvviv„,v1,1,11,1:111111,,,VVV:V:11:11111,11111E11111111, 11111111111,111,11Vvvvvvhviv 111111111111111111111.11111.1v11111:1111' amaapia:VaavrAawarna.amvavadawPaarn USPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile Register f Sign In USPICOM Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER 70102780000212268037 www.usps.com/redelivery or calling 800 -ASK- USPS, or may pick up the Rem at the Post Office indicated on the notice. If this Nem is unclaimed after 15 days then N wdl be returned to the sender. Information, N available, is updated periodically throughout the day. Please check again later.'> Check on Another Item What's your label (or receipt) number? SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES Notice Left September 25, 2012, 4:23 pm WINTER Certified Mail'" SPRINGS, FL 32708 Find LEGAL ON USPS.COM - ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy > Terms of Use > FOIA > No FEAR Act EEO Data > Copyright© 2012 USPS. All Rights Reserved. Government Services > Buy Stamps & Shop > Print a Label with Postage Customer Service > Site Index , About USPS Home Newsroom > Mail Service Updates > Forms & Publications > Careers > Business Customer Gateway > Postal Inspectors > Inspector General > Postal Explorer > https: // tools. usps. com /go /TrackConfirmAction.action 9/26/2012 AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 992 Sleeping Rock Ct. City Of Winter Springs case number 12- 0028254 has been posted with Notice of Code Violation on 10 -3 -12 after attempting to mail the notice by Certified Mail through the United States Postal Service. Property Posted by: Christi Flannigan The above signed person has sworn to this statement on 5� day of 60 201?, Notary Signature Stamp: 1µr •44._ Notary Public State of Florida Mandy L Minnetto ix My Commission D0982178 pr poc Expires 05/11/2014 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, PETITIONER. v. Carol Browning RESPONDENT COMPLAINT NO: 12- 0028254 ADDRESS: 992 Sleeping Rock Ct. Winter Springs, FL 32708 STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 20 DAY OF November , 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: 992 Sleeping Rock Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Carol Browning 992 Sleeping Rock Ct.. Winter Springs 30q./Troy. l I,3b.)2 t- 301.13 CITY CODE SECTION VIOLATED: 13- 2,6- 217,IPMC ids•1.2,10C l FIRST OBSERVED: Sept. 10, 2012 3()2.3/302.5 304•IR 5)el.lo, 3D-1•2—, 30-1•-7, 30(1.9, 30`i.3, 30`1.15,'E3.5, Toy. 2., 305. T, 3051, 393.2-, 300. Io; DESCRIPTION OF VIOLATION: junk in yard, pool enclosure missing slats, gutters missing, hole in walls interior exterior, UNLESS YOU: (1) CORRECT THIS VIOLATION BY: November 10, 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 24 Day of October . 20 12 . Certified Number: 7010_27_80_0002 0496 4626 Enclosed: City Ord. 13- 2,6- 217,IPMC 30()4.13. 102.3, 3i4.1s.2,7 304.ISr•1,301.1a, 3o(l AO, 3o3.2., 306.1, 305.3, 701.2, 4035, 30415, 3bi,3, ab(f.4, 3011 3 4,IQ, 30,O, 301.1, 302.3, lot •LI IC6.1.9- Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -7558 Code Enforcement TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 992 Sleeping Rock Ct. & City of Winter Springs City HE City of Winter Springs case number 12- 0028254 Has been posted with Notice of Code Board Hearing notice on Oct. 24, 2012 Also noticed by Certified Mail through the United States Postal Service. Property Posted by: Christi Flannigan The above signed person has sworn to this statement on day of 0 2012, 2, Notary Signature Stamp: i' I " "4a, N TERRY T. BAKER IA A Notary Public • State of Florida 0 •' ,s My Comm. Exp.res Jar 10. 2016 Commission N EE 158530 i ���� Bonded Through National Notary Assn. ru O ru C:1 0 0 0 ru 0 a 0 U.S. Postal ServiceTt, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comu Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. Postmark Here CAROL K BROWNING (12- 0028254 CB) City, State, z�P +a 992 SLEEPING ROCK CT WINTER SPRTN(;S. Fl 377118 PS Form 3800, August 2006 See Reverse for Instruc F USPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile USPS.COM' Quick Tools Ship a Package Track & Confirm Register I Sign In Search USPS.com or Track Packages Send Mail Manage Your Mail Shop Business Solutions GET EMAIL UPDATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 70102780000204964626 Notice Left October 29, 2012, 5:13 pm WINTER Certified Mail '"4 SPRINGS, FL 32708 www.usps.comlredelivery or calling 800 -ASK- USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed alter 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please Aleck again later. "> Check on Another Item What's your label (or receipt) number? LEGAL Privacy Policy > Terms of Use > FOIA > No FEAR Act EEO Data > OTHER USPS SITES Business Customer Gateway > Postal Inspectors Inspector General > Postal Explorer > Copyright© 2012 USPS. All Rights Reserved. Processed through USPS Sort Facility October 29, 2012, 5:45 am MID FLORIDA, FL 32799 ON USPS.COM ON ABOUT.USPS.COM Government Services > Buy Stamps & Shop , Print a Label with Postage > Customer Service > Site Index > About USPS Home > Newsroom > Mail Service Updates > Forms & Publications > Careers > https:// tools. usps. com /go /TrackConfirmAction.action 11/13/2012