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HomeMy WebLinkAbout2012 11 20 Public Hearing 503.2CODE ENFORCEMENT BOARD AGENDA ITEM 503.2 November Regular Meeting REQUEST: Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 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, Case #12- 0027630 A Florida municipal corporation, Complainant, v. Houng Tran 780 Night Owl Lane Winter Springs, Florida 32708 Respondent, I 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 August 21, 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) 6 -195. Maintenance of Fences or Walls, 13.2. (e) Stagnant Pool and IPMC Section 303.2 Enclosures 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) 6 -195. Maintenance of Fences or Walls, 13.2. (e) Stagnant Pool and IPMC Section 303.2 Enclosures; 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- 0027630 AUGUST 21, 2012 PAGE 2 OF 3 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 25, 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 Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 23rd day of August 2012. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Copies furnished to: Houng Tran, Respondent City of Winter Springs, Case File #12- 0027630 CERTIFIED MAIL 7011 1570 0003 5656 1343 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0027630 AUGUST 21, 2012 PAGE 2 OF 3 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation l,as been furnished by certified mail to the Respondent (s) and /or Respondent's authorized representative on this L3r day of A-1/4)6\43k , 2012. Sean Beau et, Board Secretary 'A . OMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I-1001 Tra.v 70 NVN1- 60 LA"( ‘,311e,/ S rl�, P'!- 3276$ 2. Article Number (Transfer from service label) ❑ Agent ■ Addressee of Deliv -1 _ •3• ;ttem 1? ❑ Yes ES, enter delivery address below: Q% No AU624 21312 3. Se . =T4- pS ® Cert ❑ Registered ❑ Insured Mail ❑ Express Mail I$ Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7011 1570 0003 5656 1343 ❑ Yes PS Form 3811, February 2004 Domestic Retum Receipt 102595-02 -M -1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box • RECEIVED AUG 2 7 2012 CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK OFFICE OF THE CITY CLERK 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 It 12— m27103o illlill111li111111 1111 1111 11111 1111111111111111111111111111111 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMT. BOARD =flummox* CODE ENFORCEMENT BOARD, PETITIONER. v. Houng Tran RESPONDENT COMPLAINT NO: 12- 0027630 ADDRESS: 780 Night Owl 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: 780 Night Owl Ct. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Houng Tran 780 Night Owl Ct. Winter Springs, FL 32708 CITY CODE SECTION VIOLATED: 13 -2, 6 -195, IPMC 303.2 FIRST OBSERVED: March 26, 2012 DESCRIPTION OF VIOLATION: stagnant pool, enclosure missing screens, fence broken 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 Certified Number: 24 Day of October . 20 12 . 7010 2780 0002 0496 4534 Enclosed: 13 -2, 6 -195, IPMC 303.2 H' , L& (tA(? SIGNATURE OF CODE INSPECTOR 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: 780 Night Owl Ln. & City of Winter Springs City Hall City of Winter Springs case number 12- 0027630 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 2,`-f day of 0 CI_ 20 1?� Notary Signature Stamp: ' „$$ %,„,„ TERRY T. BAKER . , `v% Notary Public - State of Florida • My Comm EAo�res Jan 10, 2016 . A,` Commission # FE 158530 Bonded Through Nal■snd. Notary asp^, m 0" 0 fL Q 0 co It to Q r9 N U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sp c Postmark liecq Sent To HUONG TRAN Street, ApENo.; ° (12- 0027630 CB) or Po Box No. 780 NIGHT OWL LN city, State, ZIP +4 WINTER SPRINGS, FL 32708 PS Form 3800, August 2006 See Reverse for Instructions USPS.com® - Track & Confirm English Customer Service USPS Mobile USPS.COM* Quick Tools Track & Confirm GET EMAIL UPDATES YOUR LABEL NUMBER 70102780000204964534 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 after 15 days than 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? LEGAL Privacy Policy > Terms of Use > FOIA No FEAR Act EEO Data OTHER USPS SITES Business Customer Gateway > Postal Inspectors > Inspector General > Postal Explorer Copynght© 2012 USPS. All Rights Reserved. Page 1 of 1 Register! Sign In Search USPS.com or Track Packages Ship a Package Send Mail Manage Your Mail Shop Business Solutions SERVICE STATUS OF YOUR ITEM DATE a TIME LOCATION FEATURES Notice Left Depart USPS Sort Facility Processed through USPS Sort Facility October 29, 2012, 2:58 pm WINTER Certified Mail SPRINGS, FL 32708 October 29, 2012 MID FLORIDA, FL 32799 October 28, 2012, 10:57 pm MID FLORIDA, FL 32799 ON USPS.COM ON ABOUT.USPS.COM Government Services > Buy Stamps & Shop > Pnnt 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