The URL can be used to link to this page

Home My WebLink About2013 04 23 Public Hearing 503.1CODE ENFORCEMENT BOARD AGENDA ITEM ITEM 503.1 April 23, 2013 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. O S u In— porarea \• WE t ' GOD OWE -V THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v King and Sindy Smith 130 East Bahama Road Winter Springs, Florida 32708 Respondent, 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 Case # 12- 0028217 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 February 26, 2013 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; 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. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028217 FEBRUARY 27, 2013 PAGE 2 OF 3 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until March 15, 2013 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 February 26 2013 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 27th day of February 2013. CODE ENFORCEMENT BOARD OF THE CITY O WINTER SPRINGS, FLORIDA Chairperson Copies furnished to: CERTIFIED MAIL 7012 0470 0001 2132 6781 King and Sindy Smith, Respondent City of Winter Springs, Case File #12- 0028217 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028217 FEBRUARY 27, 2013 PAGE 3 OF 3 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 N "^ day of 1^ 92013. Sean Be udet, Board Secretary n ■ Complete items 1, 2, and 3. Also complete A. Sig item 4 If Restricted Delivery Is desired. ❑ Agent 0 Print your name and address on the reverse JQ Adfiressee so that we can return the card to you. B. ed b Pdnted-N y C. D e of elive ry ■ Attach this card to the back of the maiipiece, 3� t. 3 or on the front if space permits. D. Is delivery ddress rfferent from item 17 ❑ Yes 1, Article Addressed to: If YES, enter delivery address below: ❑ No I3 L 174 �►frrh4 12L 4 P 3• IWm ❑ Mali FL, Certified Mall gxpress ❑ Registered Return Receipt for Merchandise 32-rdY J' ❑ insured Mau ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 b 12 0470 x All- .'t '-, I Q a lb ];� l j 2' 6 7 81 (rmnsfer from sendca labeq Ps Form 3811, February 2004 Domestic Return Receipt 102595- 02- M-1540 () de 0� boa ra, 1. CODE ENFORCEMENT BOARD, PETITIONER, I King & Sindy Smith RESPONDENT CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 13- 0028217 ADDRESS: 130 E. Bahama Rd. Winter Springs, FL 32708 STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 23 DAY OF April , 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: 130 E. Bahama Rd. Winter Springs, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: King & Sindy Smith 130 E. Bahama Rd. Winter Springs CITY CODE SECTION VIOLATED: 13 -2 FIRST OBSERVED: August 27, 2012 DESCRIPTION OF VIOLATION: Junk & debris in the driveway and around the property UNLESS YOU: (1) CORRECT THIS VIOLATION BY: April 22, 2013 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 tJ Day of rr ( .20 L3. Certified Number: 7010 2780 0002 0496 3247 Enclosed: City Ord 13 -2 SIGNAT F ODE VMCTOR Christi Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1000 Ext. 466 TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 130 E. Bahama Rd. City of Winter Springs case number 13- 0028217 Has been posted with Notice of Code Board Hearing notice 4 -2 -13 on Also noticed by Certified Mail through the United States Postal Service. Property Posted by: Christi Flannigan L. The above signed person has sworn to this statement on Notary Signature Stamp: day of 44-.o — 20V2> TERRA T BAKER '- - Ill +° �? Notary Public - State of Florida i• : •a My Comm Expires Jan 10, 2016 Commission # EE 158530 1�'�° �•, Bonded Through National Notary Assn. r M m .n cr x C3 ti C3 0 0 O �U Cti rU C3 r=l O N USPS.com® - Track & Confirm English Customer Service USPS Mobile ] W S `1 Page 1 of 1 Register I Sign In Search USPS.com or Track Par.xages xuick Tools Shin a Package Send Mall Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE 70102780000204963247 Check on Another Item What's your label (or receipt) number? STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES Depart USPS Sort April 05, 2013 MID FLORIDA, FL 32799 Certified Mail' Facility Processed through April 05, 2013, 2:42 am MID FLORIDA, FL 32799 USPS Sort Facility Find LEGAL ON USPS.COM Privacy PoLcy > Government Services , S of Use > Buy Stamps & Shop > FOIA . Print a Label with Postage > No PEAR Act EEO Data > Customer Service r Site Index > Oopynghn� 2013 LISPS- All Rights Reserved. ON ABOUT.USPS.COM About USPS Home > Newsroom > Mail Service Updates > Forms & Publications > Careers > https:// tools. usps. com /go /TrackConfirmAction.action OTHER USPS SITES Business Customer Gateway Postal Inspectors > Inspector General> Postal Explorer 4/17/2013