The URL can be used to link to this page

Home My WebLink About2014 07 22 Public Hearing 503.2 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.2 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-AUGUST 27,2013 PAGE 8 OF 10 Assistant City Attorney Kate Latorre agreed and added, "If he is working with a willing tenant, a tenant can grant consent to come onto the property, even though they don't own the property. So, we would just presume that they go unfixed, until they call and say `We fixed it, come check it out'." Board Member Wentz then inquired, "So, his claim also that you have no jurisdiction is totally false, and obviously you do, is that correct?" Inspector West concurred, "That is correct". Further discussion ensued on if the structure was inhabitable; needing a Building Official to inspect the property; the new tenants or owners not allowing City Officials onto the property; that the International Property Maintenance Code would qualify the property as uninhabitable; and that from a street view, the carport and window Violations had not been corrected to date. In addition, Board Member Kaprow inquired, "Is a property in this condition a public safety hazard?" Assistant City Attorney Latorre answered, "It is certainly possible. But, that call would have to be made by a Building Inspector or Building Official to opine on the structural integrity of the building." Assistant to the City Clerk Beaudet swore in Inspector West and Captain Deisler whom provided Testimony during tonight's Meeting. Captain Deisler noted, "Everything he (Inspector West) stated in his testimony was accurate. Mr. Sanchez has not followed through with any of the things that he was asked to do by me or him (Inspector West) and he is still M.I.A. (Missing In Action) as far as these issues are concerned." Chairperson Fisher then referenced the washer machine drain pipe and asked, "Is it dumping drain water directly into the yard?" Inspector West replied, "Yes, Sir. It empties directly into the yard." Discussion. NOTE: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT, MR. ANGELO SANCHEZ AND RAQUEL TAVARES, BE GIVEN UNTIL SEPTEMBER THE 6TH, (2013) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY — RETROACTIVE TO AUGUST 27TH, (2013); AND TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013 PAGE 9 OF 10 BOARD MEMBER WENTZ ADDED, "I BELIEVE THE CITY WAS LOOKING FOR (A CORRECTIVE ACTION DATE OF) SEPTEMBER 16TH." INSPECTOR WEST CONCURRED AND NOTED, "I WAS ASKING FOR SEPTEMBER 16TH IN MY RECOMMENDATION." NEXT, BOARD MEMBER WENTZ SAID, "I WOULD LIKE TO AMEND THAT TO READ THAT THEY ARE GIVEN UNTIL SEPTEMBER 16TH." AMENDMENT TO THE MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NEW CASES 503.1 Not Used REGULAR AGENDA- PART II REGULAR 601. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". �0NTERS Z CITY OF WINTER SPRINGS, FLORIDA V Incorporated 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708-2799 '~GOO weT2v�P 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#13-0029107 A Florida municipal corporation, Complainant, v. Angelo Sanchez and Raquel Tavares 221 North 3rd Street Winter Springs,Florida 32708 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 August 27, 2013 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 Section(s) 6-195. Maintenance of fences or walls., 6-166. Repair or removal, IPMC 304.5 Foundation walls., IPMC 304.6 Exterior walls., IPMC 304.15 Doors., IPMC 304.13 Window, skylight, and door frames., IPMC 304.13.2 Openable windows. 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) 6-195. Maintenance of fences or walls., 6-166. Repair or removal, IPMC 304.5 Foundation walls., IPMC 304.6 Exterior walls., IPMC 304.15 Doors., IPMC 304.13 Window, skylight, and door frames., IPMC 304.13.2 Openable windows.; 5. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s) CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 13-0029107 AUGUST 27,2013 PAGE 2 OF 2 violation(s)of the City of Winter Springs Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until September 16,2013 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 TWO HUNDRED AND 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on August 27,2013; 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 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 28th day of August 2013. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA _4.116/ I 4_h i Hugh Fish hairperson Copies furnished to: CERTIFIED MAIL 7012 2210 0002 2209 7584 Angelo Sanchez and Raquel Tavares,Respondents City of Winter Springs,Case File#13-0029107 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 011.1- day of Avs1o1 ,2013. Sean Beet,Board Secretary CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO:2013CE000978 PETITIONER, v. ADDRESS: 100 LISA LOOP ANGELO D.SANCHEZ&RAQUEL Y.TAVARES WINTER SPRINGS,FL 32708 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M.ON THE 22nd DAY OF JULY ,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:221 N.THIRD ST. WINTER SPRINGS,FL.32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: ANGELO D.SANCHEZ&RAQUEL Y.TAVARES CITY CODE SECTION VIOLATED:IPMC 304.5,6,13, 15,6.-195 FIRST OBSERVED: APRIL 23,2013 DESCRIPTION OF VIOLATION:EXTERIOR WALLS,PROPER FENCE,IPMC WINDOWS AND DOORS,IPMC WALLS UNLESS YOU:(1)CORRECT THIS VIOLATION BY:JULY 21,2014 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 25TH Day of JUNE .20 14. Certified Number:7012 3050 0000 4543 0275 **NON-COMPLIANCE CASE** Enclosed:N/A SIGNATURE OF CODE INSPECTOR CAPT.C.DEISLER TYPED NAME OF CODE INSPECTOR WINTER SPRINGS POLICE DEPT.407-327-7550 TELEPHONE NUMBER AND DEPARTMENT 13-0029107 AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 100 Lisa Loop Winter Springs, FL 32708 City of Winter Springs case number 2013CE000978 Has been posted with Notice of Code Board Hearing notice June 27, 2014 on Also noticed by Certified Mail through the United States Postal Service. t.. Property Posted by: Capt. C. Deisle 7th July above signed person has sworn to this statement on day of 20_ ISTI D FLANNIGAN Notary CHR Public•State of Florlde Notary Signature Nj � MY Comm.ET Oct 20,2016 Commiuion N EE 211871 Bonded Through National Nary Alen. Stamp: USPS.com® -USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Registers Sign to LISPSCOMSearch USPS corn or Track Packages Subr Oulck Tools ;dip a Package Sand irMilf Maw Your Mali Stoop Business Solutions UCusto 3etionsService> USPS Tracking Have questions?Were here to help. Tracking Number:70123050000045430275 Product & Tracking information Available Actions Postal Product: Features: Certified Mail- Text Updates DATE&TIME STATUS OF ITEM LOCATION Email Updates July 11,2014,8:14 am Depart USPS Sort Facility FORT MYERS,FL 33913 Your item departed our FORT MYERS,FL 33913 sort facility on July 11,2014 at 8.14 am Information, it availaole.is updated periodically throughout the day Please check again later. July 11,2014,7:22 am Processed through USPS FORT MYERS,FL 33913 Sort Facility • July 8,2014,10:50 am Refused WINTER SPRINGS,FL 32708 June 27,2014,2:52 pm Refused WINTER SPRINGS,FL 32708 June 27,2014.2:35 pm Notice Left(No Authorized WINTER Recipient Available) SPRINGS,FL 32708 June 27,2014,9:10 am Out for Delivery WINTER SPRINGS,FL 32708 June 27,2014,9:00 am Sorting Complete WINTER SPRINGS,FL 32708 June 27,2014,6:53 am Arrival at Unit WINTER SPRINGS,FL 32708 June 27,2014,5:36 am Depart USPS Sort Facility MID FLORIDA,FL 32799 June 27,2014,1:47 am Processed through USPS MID FLORIDA,FL 32799 Sort Facility June 26,2014,9:57 pm Processed through USPS ORLANDO,FL 32862 Sort Facility Track Another Package What's your tracking(or receipt)number? _............ Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES https://tools.usps.com/go/TrackConfirmAction!input.action?tRef=qt&tLc=0&tLabels=701... 7/11/2014