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HomeMy WebLinkAbout2013 02 26 Public Hearing 503.1CODE ENFORCEMENT BOARD AGENDA ITEM 503.1 February REQUEST: Regular Meeting 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- 0028348 A Florida municipal corporation, Complainant, v. Venetian Enterprises, LLC c/o Crescent Properties 260 -360 East State Road 434 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 November 20, 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) 16.57. Prohibited Signs, 13 -2. Junk and Debris, and IPMC 302.3 Sidewalks and Driveways 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) 16.57. Prohibited Signs, 13 -2. Junk and Debris, and IPMC 302.3 Sidewalks and Driveways; 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- 0028348 NOVEMBER 20, 2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until December 11, 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on November 20, 2012; 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 26th day of November 2012. Copies furnished to: CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Al I Eldrifir .g r hairperson CERTIFIED MAIL 7012 1010 0001 2642 4498 Venetian Enterprises, LLC c/o Crescent Prpoerties, Respondent City of Winter Springs, Case File #12- 0028348 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 11 #`"day of ININc4.4✓'' , 2012. Sean B • . udet, Board Secretary SENDER: COMPLETE 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 return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Venetian Enterprises LLC c/o Crescent Prop Post Office Box 112 Goth, Florida 34734 12- ao1.134% 2, Article Number (Transfer from service label) PS Form 3811, February 2004 . eceived by (Pri red Name) C. Date of Delivery V j2 D. Is del address different from item 1? ❑ Yes If er delivera below: pl No 1r DEC - 3 Ceidfl>'fl xpress Mail ❑ Registered ,( Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 1010 0001 2642 4498 Domestic Return Receipt 102595- 02 -M4546 1 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA COMPLAINT NO. 12- 0028348 CODE ENFORCEMENT BOARD, PETITIONER, v. Venetian Enterprises LLC RESPONDENT. ADDRESS: PO Box 112 Gotha FL 34734 STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 26 DAY OF FEBRUARY 20 13 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: 260 -360 E STATE ROAD 434 WINTER SPRINGS FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: VENETIAN ENTERPRISES LLC C/0 CRESCENT PROPERTIES PO BOX 112 GOTHA FL 34734 NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: VENETIAN ENTERPRISES LLC C/0 CRESCENT PROPERTIES PO BOX 112 GOTHA FL 34734 CITY CODE SECTION VIOLATED: 16-57, 13 -2 IPMC 302.3 DESCRIPTION OF VIOLATION: DISCONTINUED SIGNS, JUNK AND DEBRIS, SIDEWALKS AND DRIVEWAYS DATE VIOLATION WAS FIRST OBSERVED: OCTOBER 2, 2012 THIS CASE WILL BE BROUGHT BEFORE THE CODE ENFORCEMENT BOARD ON THE DATE GIVEN ABOVE. IF THE BOARD FINDS YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE, YOU MAY BE FINED UP TO FIVE HUNDRED DOLLARS (5500.00) 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 I6j. 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 MUST 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 BE ENTERED AGAINST YOU FINDING YO N VIO TION OF THE CITY CODE AS STATED ABOVE. DATED THIS 5 DAY OF FEBRUARY zo 13. I CERTIFY A CODE OF THIS DOCUMENT WAS SERVED BY FEBRUARY , 20 13 . CERTIFIED /DELIVERED BY SI " RE OF i INSPECTOR dam. CPL. JIM FLANNIGAN TYPED OR PRINTED NAME OF CODE INSPECTOR WINTER SPRINGS POLICE CITY DEPARTMENT 407 - 327 -1000 EXT 48 TELEPHONE NUMBER OF OFFICE OF CODE INSPECTOR HAND DELIVERY/ ✓ CERTIFIED MAIL THIS 5 DAY OF 7010 2780 0002 0496 2448 WSPD 115 REV. 10 -02 -02 RECEIVED BY: PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD * *Higher fines may be imposed due to repeat offender's violations ** AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 260 -360 E State Road 434 City Of Winter Springs case number 12- 0028348 has been posted with Notice of Code Violation on 02 -14 -2013 after attempting to mail the notice by Certified Mail through the United States Postal Service. Property Posted by: Cpl. Jim Flannigan The above signed person has sworn to this statement on 1.1 day of eJ• 20 v3 Notary Signature Stamp: �v ves� TERRY T. BAKER Notary Public - State of Florida _ • •: My Comm. 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