The URL can be used to link to this page

Home My WebLink About2014 06 24 Public Hearing 503.1 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.1 Consent Public Hearings X Regular June Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 12 OF 16 PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE # 14-0030118 Krystal Christopher 867 Leopard Trail Winter Springs, Florida 32708 Sec. 13-2. Stagnant Pool Date Of Service: April 8,2014 Inspector: Christi Flannigan This Case was introduced by Inspector Flannigan who submitted into Evidence, "WS-1, the CD (Compact Disc); `WS-2', the Return Receipt for the Notice of Code Violation; `WS-3', the Affidavit of Posting for Code Board; and `WS-4', the United States Postal Service printout for the Notice of Code Board." Inspector Flannigan continued, "I met with the neighbor and observed the pool as stagnant. I met with two (2) other neighbors that are on Leopard (Trail) who advised that the pump is not working on the pool. Notice of Violation was mailed on March 12th, 2014 and signed for on March 15th, 2014. There has been no contact with the owner. Notice of Hearing was mailed on April 8th, 2014 and according to the United States Postal Service website, the Notice was left on April 10th, (2014). Notice of Hearing was Posted at the property and at City Hall on April 18th, 2014. Nader Farahmandfar with the Seminole County Health Department has also observed the pool and sent the owner a letter. He had spoken with the owner and Nader advised that the owner had put some Shock in it and that killed the mosquito larvae. So, his Case was closed." Photographs from Evidence "WS-1"were shown. Further comments followed. Vice-Chairperson Roero inquired if there was anyone living at the residence. Inspector Flannigan noted that there was indeed someone living in the house. Chairperson Fisher added that he was concerned as there had been no contact or concern from the owner of the property. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, KRYSTAL CHRISTOPHER, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT, KRYSTAL CHRISTOPHER, BE GIVEN THIRTY (30) DAYS TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 13 OF 16 IN THE EVENT THE RESPONDENT, KRYSTAL CHRISTOPHER, FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE- CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 14-0030093 Federal National Mortgage Association 1116 Cheetah Trail Winter Springs, Florida 32708 • IPMC 303.2 Enclosures. Date Of Service: April 8,2014 Inspector: Christi Flannigan For this Case, Inspector Flannigan provided the presentation and submitted into Evidence "`WS-1, which is the CD (Compact Disc) of the presentations tonight; `WS-2' is the Return Receipt for the Notice of Code Violation; `WS-3' is the United States Postal Service printout for the Code Board Notice; `WS-4' is the Affidavit of Posting for City Hall and the address; and `WS-5' is the Return Receipt for the Notice of Code Board." Continuing, Inspector Flannigan stated, "I met with a neighbor and observed from his property—there is a three foot (3') high concrete wall around the pool. In the backyard of this property there is no gate. The Notice of Violation was mailed on March 4th, 2014. It was signed for on March 10th, 2014 by David Smith, the representative of Federal (National Mortgage Association). There has been no contact from the owner. Notice of Hearing was mailed on April 8th, 2014. The business was closed and Notice was left. The Notice of Hearing was also posted at the property and City Hall on April 8th, 2014. The Notice of Hearing was signed for by Paul Smith on April 14th, 2014. The owner did put a fence on the right side of the house. It is on the driveway side. But, that is the only place that a fence has been put up." .40NTER SA * op. CITY OF WINTER SPRINGS, FLORIDA U Incorporated 1126 EAST STATE ROAD 434 • 1959 • WINTER SPRINGS, FLORIDA 32708-2799 �q y� TELEPHONE: (407)327-1800 Goo wE-ok FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#14-0030118 A Florida municipal corporation, Complainant, v. Krystal Christopher 867 Leopard Trail Winter Springs,Florida 32708 Parcel Id: 12-21-30-5DA-0000-2960 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 April 22, 2014 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 Sec(s). 13.2. Stagnant Pool 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: 13.2. Stagnant Pool; 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 14-0030118 APRIL 22,2014 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until May 22,2014 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 TWO HUNDRED FIFTY DOLLARS ($250.00)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 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 24th day of April 2014. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA o, VFLAL Hugh Fished hairperson Copies furnished to: CERTIFIED MAIL 7011 0110 0001 0732 1 184 Krystal Christopher,Respondent 867 Leopard Trail Winter Springs,Florida 32708 City of Winter Springs,Case File#14-0030118 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 1-0I''day of April, 2014. 111111111.'■ Sea• :sudet,Board Secretary