The URL can be used to link to this page

Home My WebLink About2013 02 26 Public Hearing 503.4CODE ENFORCEMENT BOARD AGENDA ITEM 503.4 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- 0028166 A Florida municipal corporation, Complainant, v. Rosemarie Palmer and Suntrust Mortgage 327 Kirkcaldy Drive 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. FindinEs 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; That a violation of Section(s) 13 -2. Junk and Debris, 6 -195. Maintenance Of Fences Or Walls, IPMC 304.2 Protective Treatment, IPMC 304.6 Exterior Walls, and IPMC 304.7 Roofs And Drainage 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) 13 -2. Junk and Debris, 6 -195. Maintenance Of Fences Or Walls, IPMC 304.2 Protective Treatment, IPMC 304.6 Exterior Walls, and IPMC 304.7 Roofs And Drainage; 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- 0028166 NOVEMBER 20, 2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until December 15, 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 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; 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 OrtI■A400 g ii Chairperson CERTIFIED MAIL 7012 1010 0001 2642 4351 Rosemarie Palmer and Suntrust Mortgage, Respondent City of Winter Springs, Case File #12- 0028166 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 i7 "-day of ANtwat/ , 2012. Sean Be et, Board Secretary SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete Rem 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 Rosemarie Palmer 4331 Watermill Avenue Orlando, Florida 32817 � IZ-dd2�iit4 2. Article Number (Transfer hom service label J A. Signature X ❑ Agent ddressee C. D e of Delivecq D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: Xl No 3. Service Type Certlfled Mail ❑ Express Mali ❑ Registered K Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Form 3811, February 2004 7012 1010 0001 2642 4351 Domestic Retum Receipt 102595-02 -M -1540 1 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, PETITIONER, v. Suntrust Mortgage RESPONDENT COMPLAINT NO: 12- 0028166 ADDRESS: P.O. Box 85024 Richmond, VA 23285 a STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 26 DAY OF Febuary 2013, AT THE CITY HALL, 1126 M NT EAST BOARD STATE WILL HOLD A HEARING TOG DETERMINE WHY YOU SHOULD NOT BSPRINGS OUND IN ENFORCEMENT BOARD WILL H VIOLATION OF THE CITY CODE AS FOLLOWS: LOCATION /ADDRESS WHERE VIOLATION EXISTS: 327 KIrkcaldy Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Rosemarie Palmer 4331 Watermill Ave. Orlando CITY CODE SECTION VIOLATED: 13-2/6-195,304.2 304.6 304.7 FIRST OBSERVED: 9 -10 -12 DESCRIPTION OF VIOLATION: roof & drainage stagnant water,protective treatment exterior walls UNLESS YOU: (1) CORRECT THIS VIOLATION BY: February 26,2013 - Non - compliance case IF T THE BOARD FINDS DFIIFTY DOLLARS OF 00) PER DAY CODE OR STATED VIOLATION BE ONTINUES, BE CHARGED HUNDRED CST NOTRPROCOS COSTS PAID, AY RESULT IN A LIEN AGAINST YOUR PROPERTY, SUCH FINE PURSUANT AND COSTS FLORIDA NOT PROMPTLY SECTION 162.09. THIS HEARING D FLORIDA STATUTES CHAPTER 162. YOU HAVE A RIGHT TO THE OF AP AR WINTER PERSON OORN BY FLORIDA AND ORAL TESTIMONY. ROPY ETHETCODE BOARD WILL RIGHT UBPOENA WITNESSES IN YOUR EXHIBITS, EHALAND PONN WRITTEN ORAL TESTIMO PETITION TO THE BOARD. PLEASE GOVERN YOURSELF ACCORDINGLY. OF IF YOU DESIRE N S. APPEAL THE FOR THIS ORDER URPOSE THE YOU CODE ENFORCEMENT ATO YOUR EXPENSE, YOU ARRANGE FOR A RECORD M THE PROCEEDINGS. OF THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING. YOU ARE U REPRESENTATIVE CODE BO ARD HEARING. OTHERWISE, IF YOU TO ATTEND IN PERSON OR BY REPRESENTATIVE, YOU MAY LOSE FIN NG YOUIIN VIOLATION OF THE CITY CODE AS STA D ABOVE. DER A DEFAUL AGAINST YO I certify a copy of this document was sent by Certified Mail on 30 Day of January . 20 13 . 7010 2780 0002 0496 2226 Certified Number: Enclosed: 13 -2 6 -195 304.2 304.6 304.7 SIGNATURE OF CO ►, INSPECTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1800 ext. 466 TELEPHONE NUMBER AND DEPARTMENT CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, PETITIONER, v. Rosemarie Palmer RESPONDENT COMPLAINT NO: 12- 0028166 ADDRESS: 4331 Watermill Ave. Orlando, FL 32817 STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 26 DAY OF Febuary , 2013, 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: 327 Kirkcaldy Dr. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Rosemmarie Palmer 4331 Watermill Ave. Orlando CITY CODE SECTION VIOLATED: 13 -2, 6- 195,304.2,304.6,304.7 FIRST OBSERVED: 8 -22 -12 DESCRIPTION OF VIOLATION: roof & drainage, fence, stagnant water, protective treatment, exterior walls. UNLESS YOU: (1) CORRECT THIS VIOLATION BY: February 26,2013 - Non - compliance case 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 29 Day of January . 20 13 . Certified Number: 7010 2780 0002 0496 2219 Enclosed: 13- 2,6- 195,304.2.304.6,304.7 Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1800 ext. 466 TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 327 Kirkcaldy Dr. City of Winter Springs case number 12- 0028166 Has been posted with Notice of Code Board Hearing notice 1 -29 -13 on Also noticed by Certified Mail through the United States Postal Service. Property Posted by: Christi Flannigan C.SkA) p -c ��tirc The above signed person has sworn to this statement on 'A.°► day of 20 `3 Notary Signature Stamp: 6.1 0 TERRY T BAKER Notary Public • State of Florida = My Comm. Expires Jan 10, 2016 • 41. Commission # EE 158530 • ••, ;; ,,,, Bonded Through National Notary Assn. b U.S. Postal Service rr,, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.00me 1 L PoSiage Certified Fee ru Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) co 3 Total Postage & Fees $ t ru Sent To Rosemarie Palmer: ▪ Street, Apt. No.; 4331 Watermill A _ff or PO Box No. City, state, z!P +4 Orlando, FL 3281 $ t LAD 1J v I tmark 2� jiere tl • IV CO O.4) PS Form 3800. August 2006 See Reverse for Instructions U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com ostage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Suntrust Mortga Street, Apt. No.; or PO Box No. P.O. Box 85024 city, State, zIP +, Richmond, VA 23 PS Form 3800. August 2006 See Reverse for Instructions USPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile aUSPSCOM Register r Sign In Search USPS.com or Track Packages Quick Tools Sh:2 a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES YOUR LABEL NUMBER 70102780000204962219 Hide Details 70102780000204962226 Hide Details GET EMAIL UPDATES PRINT DETAILS 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® 2013 USPS. All Rights Reserved. SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES Delivered February 02, 2013, 4:00 pm ORLANDO, FL 32817 Certified Mail Depart USPS Sort February 02, 2013 ORLANDO, FL 32862 Facility Processed through February 02, 2013, 2:31 am ORLANDO, FL 32862 USPS Sort Facility Delivered February 05, 2013, 6:44 am RICHMOND, VA 23261 Certified Mail Arrival at Unit February 05, 2013, 4:29 am RICHMOND, VA 23232 ON USPS.COM ON ABOUT.USPS.COM Govemment 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 2/15/2013