HomeMy WebLinkAbout2014 03 25 Public Hearing 503.1 CODE ENFORCEMENT BOARD
AGENDA
Informational
ITEM 503. 1 Consent
Public Hearings X
Regular
March
Regular Meeting
REQUEST:
The Code Enforcement Board is requested to review this Agenda Item.
4`NTER
SA
CITY OF WINTER SPRINGS, FLORIDA
U Incorporated 1126 EAST STATE ROAD 434
• 1959 • WINTER SPRINGS, FLORIDA 32708-2799
''bcoDwETotx) 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#13-0029644
A Florida municipal corporation,
Complainant,
v.
Jason Savoie
1204 Deer Run
Winter Springs,Florida 32708
Parcel Id: 12-21-30-5DA-0000-3730
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 1204 Dear Run Court, 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) 20-434. Authorized commercial vehicles in residential areas. 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 present at the hearing;
4. That based on the testimony and evidence presented,Respondent has violated the City Code,to wit:
Section(s)20-434.Authorized commercial vehicles in residential areas.;
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 13-0029644
OCTOBER 22,2013
PAGE 2 OF 2
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED:
1. Respondent be given until November 5,2013 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 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;
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, pursuant to section 162.09(3), Florida Statutes, serve as a lien against
the Property and any other real or personal property owned by the Respondent, including but not limited to 1800 Retreat
Road (Parcel Id: 05-20-32-302-0560-0000), 1245 W. Garon Court (Parcel Id: 10-20-32-3AE-002Z-0000), 2631 S. 17-92
Highway (Parcel Id: 05-21-30-517-2800-00-60), and 1203 Winter Springs Boulevard (Parcel Id: 12-21-30-5DA-0000-
4190);
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 October 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS,FLORIDA
Hugh Fisher airperson
Copies furnished to: CERTIFIED MAIL 7012 2210 0002 2209 7669
Jason Savoie,Respondent
City of Winter Springs,Case File#13-0029644
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 Zit`° day of
(;t-4kb✓ ,2013.
Sean B idet,Board Secretary
CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD. COMPLAINT NO: 13-0029644
PETITIONER.
v. ADDRESS: 1204 Deer Run
Jason Savoie Winter Springs Fl 32708
RESPONDENT
STATEMENT OF VIOLATION AND NOTICE OF HEARING
PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 25 DAY OF March ,2014,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: 1204 Deer Run Winter Springs Fl 32708
NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Jason Savoie
CITY CODE SECTION VIOLATED:20-434 FIRST OBSERVED:September 22,2013
DESCRIPTION OF VIOLATION:Commercial vehicles being stored on property after code board finding of fact
UNLESS YOU:(1)CORRECT THIS VIOLATION BY: N/A Fines to be requested at Code Board Hearing for non compliancti
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 04 Day of Mach .20 14
Certified Number:7012 3050 0000 4543 7366
Enclosed:20-434
SIGNATURE OF CODE INSPECTOR
Cpl.Jim Flannigan
TYPED NAME OF CODE INSPECTOR
407-327-1000 Winter Springs Police Department.
TELEPHONE NUMBER AND DEPARTMENT