HomeMy WebLinkAbout2013 08 27 Public Hearing 502.1 WS-1 Code Enforcement Division
POLICE
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y IOGII4 Case Number 13-0029107
221 N. Third Street
Angelo Sanchez and Raquel Tavares
IPMC 304-5 Foundation Walls in Need of Repair
IPMC 304.6 Exterior Walls in Need of Repair
IPMC 304.15 Exterior Doors in Need of Repair
IPMC 304.13 Windows in Need of Repair
IPMC 304.13.2 Inoperable Windows
; .5 ,� , � Code Enforcement Division
POLICE
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Case Number 13-0029107
221 N. Third Street
Angelo Sanchez_and Raquel Tavares
(continued)
WS Ordinance 6-195 Fence in Need of Repair
WS Ordinance 6-166 Unsafe Structure
Date of Service: April 23, 2013
Inspector B. West
; .5 sno, , , Code Enforcement Division
POLICE
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• On April 17, 2013, I received a complaint from the tenant
at this residence of several violations which she claimed
the landlord was refusing to repair. She invited me onto
the property where I made the following observations:
• An exterior wall at the rear of the house was covered with
plastic and other materials. The tenant said the owner did
this to cover large holes where the wall had rotted away.
The tenant peeled away a corner to show me holes in the
wall which exposed insulation and wall studs as well as the
sheet rock which makes up the interior wall.
; .5 sno, , , Code Enforcement Division
POLICE
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• The wood siding all around the foundation at the rear of
the house was rotted away so that holes in some areas were
large enough to allow rodents access to the interior of the
house.
• A wooden fence at the rear of the property was falling
down and missing slats.
; .5 sno, , , Code Enforcement Division
POLICE
HOWL
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• I was shown a hole in another exterior wall where the drain
pipe from a washing machine exited. Effluent from this
pipe had eroded the ground next to and under the
building's foundation. The foundation appeared to be
cracking and there were stones in place in an apparent
attempt to prop up the foundation.
• I next observed an exterior door to the residence which
was missing one of the panes in the jalousie windows. The
tenant demonstrated for me that the door also did not have
a working lock. With the door in this condition, the tenant
was unable to secure her residence.
; .5 sno, , , Code Enforcement Division
POLICE
HOWL
• On another exterior door, I observed that the glass in the
lower half of a window had been replaced with very thin
clear plastic which was duct taped to the window frame.
This prevented the window from being raised and the
plastic could be pushed in with just finger pressure.
• The door frame was rotted and cracked in the area of the
lower hinge. The condition of the window and door also
prevented the tenant from securing her home.
; .5 sno, , , Code Enforcement Division
POLICE
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HOWL
• I was then asked to inspect an adjacent wooden storage
building and carport cover. I observed rotted support
beams throughout the overhead portion. These were so
deteriorated one could see completely through the beams
in places. When pushed by hand, the entire structure
would sway.
• Doors to the attached storage room were rotted away at the
bottom and swollen from water damage to the degree that
they could not be closed.
; .5 sno, , , Code Enforcement Division
POLICE
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HOWL
• On April 23, 2013, a notification of these code violations
was mailed to the property owner by Certified and First
Class mail. Due to the extensive repairs needed, I asked
the property owner to contact me to discuss the case. The
Certified letter was returned unclaimed after two attempts
by the USPS to deliver it.
ios*,`fit sno , a Code Enforcement Division
' LIES
HOWL
• On April 28, 2013, I received a call from the property
owner, Mr. Sanchez. Mr. Sanchez complained about
receiving the letter and said that Code Enforcement and
Winter Springs had no jurisdiction over his property.
When I tried to address the violations, Mr. Sanchez would
not let me speak. Mr. Sanchez complained that he had an
agreement with the tenant that they would make the repairs
and they had not done so. He told me again that Code
Enforcement had no right to enter his property and no
authority over him. He stated that he had no intention of
making any repairs, that I would be hearing from his
attorney and hung up
sno, , , Code Enforcement Division
POLICE
HOWL
• On May 1 , 2013, Lt. Terry Baker reported that he had
received a phone call from Mr. Sanchez. Their
conversation was much the same as the one I had; Mr.
Sanchez felt we had no business being involved, that he
had no intention of making any repairs and that he would
have his attorney contact us.
„**,`fit , a Code Enforcement Division
POLICE
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• On May 1 , 2013, based on these two conversations and the
fact that the first letter had only asked to discuss the repairs
needed, I sent, by Certified and First Class mail, a formal
Notice of Code Violation to the property owners advising
them that I would bring this case before the Code Board if
repairs were not made. They were given 10 days to correct
the violations.
• On May 21 , 2013, the Certified was returned after two
attempts at delivery by the LISPS.
sno, , , Code Enforcement Division
POLICE
v
HOWL
• On May 8, 2013, I received a phone call from Mr. Sanchez
wherein he repeated his assertion that the city did not have
authority over his property, that neither I no any other
Code Enforcement Officer was allowed on his property
and the tenant had no authority to allow us on the property.
He stated that his attorney and "the court" had informed
him we had no authority. He refused to discuss making
repairs. The rest of the conversation followed much the
same pattern as previous conversations.
sno, , , Code Enforcement Division
POLICE
HOWL
• On May 19, 2013, I spoke with the tenant, Ms. Ressy, and
asked if Mr. Sanchez had made any repairs. She said he
had not.
• On June 10, 2013, Mr. Sanchez was notified by Certified
and Fir Class mail that this case was to be presented to
the code board on the 25th of June 2013 .' The property was
posted and all other required notification requirements
were met. The Certified mail was returned unclaimed.
; .5 sno, , , Code Enforcement Division
POLICE
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• On June 5, 2013, Capt. Deisler returned a phone call from
Mr. Sanchez. As reported by Capt. Deisler, the
conversation was essentially the same as our other contacts
with Mr. Sanchez.
; .5 sno, , , Code Enforcement Division
POLICE
HOWL
• On or about June 17, 2013, Mr. Sanchez came in to speak
with Capt. Deisler. During that conversation, Capt. Deisler
told Mr. Sanchez we would postpone the Code Board
hearing on this case for one month to allow him time to
complete repairs. Mr. Sanchez was asked to keep us
informed on the progress.
• Since that time we have heard nothing from Mr. Sanchez.
There are new tenants in the house now who have told me
that Mr. Sanchez covered up the holes in the wall with
black plastic so they could not be seen but no repairs have
been made.
„**.5 t , a Code Enforcement Division
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• Notification of this code board hearing was mailed to the
owners by Certified and First Class on August 9, 2013 .
Notice was posted on the property on the same date.
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I recommend the owners be required to correct all violations,
notify Code Enforcement and have the property re-inspected by
September 16, 2013 .
If the owners are subsequently found in non-compliance, I
recommend a fine of $250.00 per day, retroactive to August 27,
2013 .