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HomeMy WebLinkAbout2012 11 20 Regular 601.1CODE ENFORCEMENT BOARD AGENDA ITEM 601.1 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 #11- 0026952 A Florida municipal corporation, Complainant, v. Kenneth Disch Trustee 708 Lakeside Drive Winter Springs, Florida 32708 Respondent, P kYANVE OCR*, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07701 Pq5 041 — 542; (2p9s, CLERK'S * 20t20081.64 RECORDE1 01/23/2012 02:57:25 PM RECORDING FEES 18.50 REC1RWD BY S Eckenrath(a111 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 November 15, 2011 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 Garage Wall of the City Code and IPMC 304.6 Oil Container on Side of House, 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 13.2 Garage Wall of the City Code and IPMC 304.6 Structural Members, 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 11- 0026952 NOVEMBER 15, 2011 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until November 30, 2011 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 DOLLARS ($200.00) 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 and Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 21St, day of November, 2011. Copies furnished to: Kenneth Disch Trustee, Respondent City of Winter Springs, Case File CODE ENFORCEMENT BOARD OF THE CO?O F WI 4. t ' ' INGS FLORIDA Ze /.' 0 igh • i�. v rperson CERTIFIED MAIL 7011 0470 0000 9540 9726 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation Ids been furnished by certified mail to the Respondent (s) and /or Respondent's authorized representative on this v ay of 2011. Carol A. Lallathin, Board Secretary CITY ao PUNTER SPRINGS, FLORIDA CODS ENFORCEMENT BOARD, >'etitian er, v. Kenneth Disch Respondent. 1 amain 11- 0026952 ADDRESS: 708 Lakeside Dr. Winter Springs, FL 32708 AFFIDAVIT 017 COIEbIAI+F?$ WM CR Z OF WINTER MIMS CODE ENFCIRCIN4FHT BOARD STATE OF FLORIA , C i t3 3 • bl COMITY OF SPMIli� } s•s• t" ITV 304 ki BEFORE MR, the undersigned authority, personally appeared Christi Flannigan Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says: 1. That on September? , Y012 , the Cade Enforcement Board held a public hawing and issued its Order in the above styled matter. 2. That, pursuant to said Glider, Respondent taas to have taken certain corrective action by or before November 30 , 20 11 • 3• That a reirtepection was performed on September 21 , 2012 , 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFIIANT SAYE R NOT. 1. '•< ✓ DATED this 21 day or September , 2012 ". stoRN To end eubecrlbed before me thisi-J day of 5CY ' , 2O..L My Commission Expires: © 3-40) �6 WSPD 117 Rev 12 -11 -90 signature of Cade InepeEttr AL� 9 • ♦ 1"7 •