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HomeMy WebLinkAbout2013 02 26 Public Hearing 503.5CODE ENFORCEMENT BOARD AGENDA ITEM 503.5 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- 0028054 A Florida municipal corporation, Complainant, v. Ben Blackman 54 South Edgemon Avenue 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 September 18, 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) 13 -2. Junk and Debris 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; 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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028054 SEPTEMBER 18, 2012 PAGE 2 OF 2 1. Respondent be given until October 12, 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 ONE HUNDRED DOLLARS ($100.00) 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 September 18, 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 21st day of September 2012. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Copies furnished to: Ben Blackman, Respondent City of Winter Springs, Case File #12- 0028054 it0 ►,� jrgh 6 ood Chairperson CERTIFIED MAIL 7012 1010 0001 2642 4436 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 21°- day of kn,dv , 2012. Sean audet, Board Secretary 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 • CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 412- Da Riel 111111111111111111115111 ifff 1i 1111111111 1111111111111111111 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: 06nl $L_ACKmaAl S EDc Emrr/ Ai/6 WlNfEK $PRiniaS 3274' 2413 1* 12- 162.rv5y D. Is delivery address different from item 1? L.l Yes If YES, enter delivery address below: ❑ No TYPe Cl'Certified Mall ❑ Mail ❑ Registered alum Receipt for Merchandise ❑ Insured Mali ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2, Article Number 7 012 1010 0001 2 6 4 2 4436 (transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 102595 -024,1-1540 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, PETITIONER, v. Ben Blackman RESPONDENT COMPLAINT NO: 12- 0028054 ADDRESS: 54 S. Edgemon Ave. Winter Springs,FL 32708 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: 54 S. Edgemon Ave. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Ben Blackman 54 S. Edgemon Ave. Winter Springs, FL CITY CODE SECTION VIOLATED: 13 -2 FIRST OBSERVED: 7 -31 -12 DESCRIPTION OF VIOLATION: Junk & debris in yard 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 Certified Number: 7010 2780 0002 0496 2264 29 Day of January . 20 13 . Enclosed: City Ord. 13 -2 SIGNATURE OF COD Christi Flannigan SPECTOR 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: 54 S. Edgemon Ave. City of Winter Springs case number 12- 0028054 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 ' `, The above signed person has sworn to this statement on " A . . 9 day of \etztav 20.3 Notary Signature Stamp: .py 0496 2264 7010 2780 0002 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comd FICIA ostage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees (n tmark Here to N —4 "V I .1) Sent To Ben Blackman Street, Apt. No.; 54 S. Edgemon Ave. or P0 Box No. Winter Springs, FL 327 City, State, zIP +a PS Form 3800. August 2006 See Reverse for Instructions USPS.com® - Track & Confirm English Customer Service USPS Mobile USPS.COM. 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Ship a Package SERVICE Send Mail Manage Your Mail STATUS OF YOUR ITEM DATE & TIME Notice Left Depart USPS Sort Facility Processed through USPS Sort Facility ON USPS.COM Government Services > Buy Stamps & Shop > Print a Label with Postage > Customer Service > Site Index > February 02, 2013, 4:16 pm February 02, 2013 February 02, 2013, 2:26 am ON ABOUT.USPS.COM About USPS Home > Newsroom > Mail Service Updates > Forms & Publications > Careers > https:// tools. usps. com /go /TrackConfirmAction.action Page 1 of 1 Register/ Sign In Search USPS.com or Track Packages Shop LOCATION WINTER SPRINGS, FL 32708 MID FLORIDA, FL 32799 MID FLORIDA, FL 32799 Business Solutions FEATURES Certified Mail n 2/15/2013