HomeMy WebLinkAbout2014 02 25 Public Hearing 503.1 CODE ENFORCEMENT BOARD
AGENDA
Informational
ITEM 503. 1 Consent
Public Hearings
Regular X
February
Regular Meeting
REQUEST:
The Code Enforcement Board is requested to review this Agenda Item.
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* CITY OF WINTER SPRINGS, FLORIDA
Incorporated 1126 EAST STATE ROAD 434
• 1959 • WINTER SPRINGS, FLORIDA 32708-2799
GOD WETRJ 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#13-0029596
A Florida municipal corporation,
Complainant,
v.
Russell N.Nielsen
255 Arnold Lane
Winter Springs,Florida 32708
Parcel Id: 02-21-30-506-0H00-0120
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 October 22, 2013 to determine whether any violations of the City of
Winter Springs Code of Ordinances("City Code")exist or existed on 255 Arnold Lane, Winter Springs, Florida("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 (b) Junk and debris. and 20-438. Parking vehicles in residential front
yards and on sidewalks prohibited. 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(b)Junk and debris. and 20-438. Parking vehicles in residential front yards and on sidewalks prohibited.;
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 13-0029596
OCTOBER 22,2013
PAGE 2 OF 2
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED:
1. Respondent be given until November 13,2013 to correct the violation(s)of the City Code on the Property;
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 FIFTY DOLLARS
($50.00) 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 October 22,2013;
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, pursuant to section 162.09(3), Florida Statutes, shall serve as a lien against
the Property and any other real or personal property owned by the Respondent, including, but not limited to, the real
property located at 412 S.Alderwood Street,Winter Springs,Florida(Parcel Id: 03-21-30-506-0J00-0060);
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 23rd day of Octo'Ger 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SP RINGS,FLORIDA
^ b
Hugh Fisher hairperson
Copies furnished to: CERTIFIED MAIL 7012 2210 0002 2209 6532
Russell N.Nielsen,Respondent
City of Winter Springs,Case File#13-0029596
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 28H-day of
CIh.hJ" ,2013.
Sean eaudet,Board Secretary