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HomeMy WebLinkAbout2014 07 22 Public Hearing 503.1 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.1 Consent Public Hearings X Regular July Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 4 OF 11 REPORTS 405. Code Enforcement Board Members No Reports were given. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 500.1 Not Used PUBLIC HEARINGS AGENDA- REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 501.1 Not Used PUBLIC HEARINGS AGENDA-NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE# 14-0030259 Nilda Colon And HSBC 870 Benchwood Drive Winter Springs, Florida 32708 Sec. 13-2. Stagnant Water; Junk And Debris IPMC 303.2 Enclosures. IPMC 302.7 Accessory Structures. Date Of Service: May 8,2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case. Inspector Flannigan submitted into Evidence, 'WS- ', the CD (Compact Disc) of all the presentations for tonight. `WS-2' is the Notice of Code Violation from the United States Postal Service, proof of mailing. `WS-3' is the Affidavit of Posting. `WS-4' is the Return Receipt for the Code (Enforcement) Board Hearing for the property owner, Nilda Colon. `WS-5' is the Code Board Return Receipt for HSBC Bank." Continuing, Inspector Flannigan testified, "I received a complaint from the neighbor who allowed access to their property to observe the rear yard of this address. I observed a stagnant pool, junk, and debris in the rear yard, an accessory building that has broken doors, and junk that has been removed and thrown into the yard. I also observed that the fence had broken slats and fallen panels, which is the only pool enclosure for the pool. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 5 OF 11 Notice of Violation was mailed on April 4, 2014 to Nilda Colon and HSBC (Bank). The Notice for Nilda was signed for by Jose Cruz on April 11, 2014. United State Postal Service website shows HSBC (Bank)Notice was delivered April 11, 2014. I did speak with Nilda who advised that she contracted the property to someone who she gave legal rights to the property and they are to pay the mortgage and maintain the property. She could not provide me any proof of this. The company name was not provided and she advised that she is showing as the owner of record and is accountable for the property. She advised she would get the enclosure repaired. There has been no other contact from her. There have been slats replaced on the fence. The old slats are piled in the yard. There has been a piece of plastic placed over the stagnant pool, which is now full of stagnant water itself. The (Seminole County) Health Department was notified of the stagnant pool. Their inspection on April 15, 2014 advised that the pool was covered with a green tarp, and that closed their Case. Notice of Hearing was mailed on May 9, 2014 to Nilda Colon and HSBC Bank. United States Postal website is showing that both Notices were delivered on May 15, 2014. Notice of Hearing was Posted at the property and at City Hall on May 9, 2014." Photographs were shown from previously submitted Evidence "WS-1", with further comments. Concluding her presentation, Inspector Flannigan recommended that the Respondent be given until June 20`h, 2014 to correct the Violations. If found in Non-Compliance, a Fine of two hundred and fifty dollars a day($250.00)be imposed. Board Member Matthew Criswell asked, "How did you get a hold of Ms. Nilda(Colon)?" Inspector Flannigan replied, "She called me after the Notice of Code Violation was sent." Chairperson Fisher inquired if anyone was living in the home or if the fence around the pool was secure. Inspector Flannigan confirmed that the home was vacant and the fence around the pool was not secure. Further, Chairperson Fisher inquired if the tarp covering the pool was in place before the Seminole County Health Department inspected the property. Inspector Flannigan noted it was and the tarp, "...is placed on the pool and anchored into the concrete. There is no wood frame." Chairperson Fisher asked, "So it would be possible for someone to fall into the pool?" Inspector Flannigan replied, "Yes. Also, the tarp is holding water and it is stagnant water on top of the tarp now." Next, Board Member Jim Wentz inquired, "So you are saying it is not secure because some of the fence sections are not properly installed?" Inspector Flannigan replied, "Yes. The fence is not secure. The gate is not locked anymore. Somebody broke the lock that was placed on it. So, on the other side of the house the gate is open. Also, the slats are falling." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 6 OF 11 Board Member Maurice Kaprow asked, "Is this a threat to the public safety?" Inspector Flannigan said that it was a public safety issue. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JUNE 20TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT 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. FURTHER, THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE, AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 13-0029723 Consultores E Inversores Estrategicos 410 South Edgemon Avenue Winter Springs, Florida 32708 Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Date Of Service: May 8, 2014 Inspector: Jim Flannigan This Case was not heard, as previously noted. `i3ONTER ��— CITY OF WINTER SPRINGS, FLORIDA U 0 1126 EAST STATE ROAD 434 • Incorporated 19 • WINTER SPRINGS, FLORIDA 32708-2799 '4 y� TELEPHONE: (407)327-1800 00wes2.v FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#14-0030259 A Florida municipal corporation, Complainant, v. Nilda Colon and HSBC 870 Benchwood Drive Winter Springs,Florida 32708 Parcel Id: 12-21-30-505-0000-3130 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 May 27, 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 and Junk and Debris, IPMC 303.2 Enclosures, and IPMC 302.7 Accessory Structures. 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 and Junk and Debris,IPMC 303.2 Enclosures,and IPMC 302.7 Accessory Structures.; 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 14-0030259 MAY 27,2014 PAGE 2 OF 3 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until June 20,2014 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 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. 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 28th day of May 2014. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA 0_t g Fist,Chairperson CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 14-0030259 MAY 27,2014 PAGE 3 OF 3 Copies furnished to: CERTIFIED MAIL 7011 0110 0001 0732 1191 Nilda Colon and HSBC,Respondent 147 Stewart Road Winston Salem,North Carolina 27107-1833 City of Winter Springs,Case File#14-0030259 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 lei"` day of May, 2014. Sean B idet,Board Secretary USPS.com® USPS Tracking™Page of >>> English Customer ServiceUSPS MobileRegister / Sign In Search USPS.com or Track Packages Quick ToolsShip a Package Send Mail Manage Your Mail Shop Business Solutions Customer Service › USPS Tracking Have questions? 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