The URL can be used to link to this page

Home My WebLink About2014 10 28 Regular 600 - Non-Compliance Cases - 31 North Cortez AvenueCODE ENFORCEMENT BOARD AGENDA ITEM ITEM 600 October Regular Meeting REQUEST: Informational Consent Public Hearings Regular X The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 26, 2013 PAGE 8 OF 12 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE # 12- 0028542 Ronald Lesage And Corey Folan 31 North Cortez Avenue Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris Date Of Service: March 7, 2013 Inspector: Christi Flannigan Inspector Flannigan presented the Case and submitted into Evidence "` WS -1' which is the CD (Compact Disc) of all the (PowerPoint) Presentations tonight; 'WS-2' is the United States Postal Service Notice of Violation that was mailed on 11/28/2012; 'WS-3' is the United States Postal Service Notice of Code Violation, the second time; 'WS-4' is also for the second Notice of Violation that was mailed to the bank; 'WS-5' is the Affidavit of Posting for the Code Board Hearing; and 'WS-6' is the United States Postal Service Notice for the Code Board Hearing." Continuing, Inspector Flannigan noted "This was first observed November 27th, 2012. There is a large pile of junk and debris in the front and the side yards. There was originally large piles of wood, some containers, blocks, and fence pieces that were piled in the yard. Notice of Violation was mailed on November 281h, 2012 to the owner of Record, which was delivered on November 301h, 2012. In researching the property, the bank was also notified on the concern. A Notice was mailed on January 14, 2013 and the Owner of Record was also Re- Noticed. There has been no contact with the owner, other than the day the property was Posted. I was informed that there was no junk and debris and the items in the carport were okay, because somebody else had advised him that it was his garage space. On March 251h, 2013 while at the property for a separate issue — speaking with the owner Ronald ( Lesage), who is here tonight — he was advised that due to the continual issue that the Case would still be presented to the Board for Finding of Fact. Notice of Code Board (Hearing) was mailed on March 7th, 2013. The United States Postal Service website shows the Notice was delivered. Code Board Notice was also Posted at the property on March 6th " Photographs were shown from the PowerPoint Presentation. Further comments. Next, Inspector Flannigan stated, "I was out there yesterday and I spoke with the Owner of Record. The property has been brought into Compliance at this time. I am requesting that it just be entered as a Finding of Fact for the junk and debris, because it has been a continual complaint issue." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 26, 2013 PAGE 9 OF 12 Mr. Ronald Lesage, 31 North Cortez Avenue, Winter Springs, Florida: explained that he has many commitments which keep him busy, and noted, "I did purchase a piece of property in Longwood, so I can start keeping my jet skis; my extra trailers; and anything that I had at home that I can't put behind the face of the house. I have purchased and am renting in Longwood now. I've laid sod, sprinklers, and done everything to try and beautify it. The day I did get cited, I was actually working. I moved onto the backyard and sometimes, as you all know, in order to clean something it might look worse at first. So, I was pulling stuff out and I was doing trailer runs and while I was gone is when I got coded." Further comments. Discussion followed on the Code Inspector recommendation. "I MOVE TO FIND THE RESPONDENT VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISIONS BY RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE # 12- 0028379 Thomas And Cara Baublitz 705 Briarwood Drive Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.13 Window, Skylight, And Door Frames. Date Of Service: March 7, 2013 Inspector: Christi Flannigan This Case was not heard. tIA z1 CITY OF WINTER SPRINGS, FLORIDA m�o*vmua 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708 -2799 I TELEPHONE: (407) 327 -1800 GAO Vol FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #12- 0028542 A Florida municipal corporation, Complainant, v Ronald Lesage and Corey Folan 31 North Cortez Avenue Winter Springs, Florida 32708 Respondents, 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 March 26, 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 were 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. Junk and Debris exist(s) or existed upon the Property and that Respondents were further provided a reasonable time to correct said violation(s); 3. That Respondents either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that Respondents were provided notice of hearing before the Code Enforcement Board and Respondent Ronald Lesage was present at the hearing; 4. That based on the testimony and evidence presented, Respondents have violated the City of Winter Springs City Code of Ordinances, to wit: Section(s) 13 -2. Junk and Debris; 5. That such violations(s) were corrected at the time of the hearing. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028542 MARCH 26, 2013 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. No further action shall be taken by the Code Enforcement Board at this time. DONE AND ORDERED at Winter Springs, Florida, this 27t` day of March 2013. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA cv{, Hugh Fish Vice Chairperson Copies furnished to: CERTIFIED MAIL 7012 0470 0001 2132 6606 Ronald Lesage and Corey Folan, Respondents City of Winter Springs, Case File #12- 0028542 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 ZiH, day of AA&el 92013. Sean Bea et, Board Secretary a Complete th ms 1, 2, and 3. Also Complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the hack of the mallpiece, or on the front if Space permits. 1. Article Addressed to: Grci Gala'. 31 Plorfti— �ori�i Arf.�►v� O-okr Srn ^J� PL- A. Sign Agent X p Addressee B. ved (FW N C. Date of Delivery ' D. is delivery address dHfererrt from stern " ❑ Yes If YES, enter delivery address below: g No # 3. SWVICG TIM Certified l Return Receipt forMerrhandise 4 Pirdshred o 4 rsad Mau O CO.D. o tr Reted Delivery? (Extra Fee) O Yes i 2. ArtcdiaNumber 7012 0470 0001 2132 6606 PS Form Febnaary 2004 Domastld -Return Receipt IOM5 -M-M t64o Kevin P. Brunelle Chief of Police August 10, 2014 WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road • Winter Springs, FL 32708 Business (407) 327 -7999 • Fax (407) 327 -6652 Ronald G Lesage & Corey A Folan 31 N Cortez Ave Winter Springs FI 32708 Re: Case 2014CE002002 31 N Cortez Ave Winter Springs FL Notice of non - compliance An inspection on August 10, 2014 of above mentioned property noted the following violation(s) of Winter Springs City Code(s) /Ordinance(s): Junk and Debris Junk Vehicle City Code 13 -2 E City Code 12 -53 Resident has been previously sent to code board and has been found in violation of city code. This notice is to inform you that you are in violation of the Code Board Order. A daily fine of $100 per day is now being imposed on the property until the violation is resolved and inspected by a code inspector. You will be notified of Code Board hearing and total amount of fine will be requested for each day in violation. A lien will be placed on the property until such time the fine is paid. Sincerely im Flannigan Code Enforcement Specialist 407 - 327 -1000 ext. 448 Enclosures: 13 -2 city code Certified Mail 7012 3050 0000 4543 5164 C.A.L.E.A. and State of Florida Accredited Agency • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: onald G Lesage & Corey A Folan 1 N Code Ave s FI 32708 Vinter Springs — A. Signature X ❑ Agent _4D-Addressee B. Rec ed y rinted Name) C. Date of Delivery D. Is delivery address differ At from item 1? Yes If YES, enter delivery address below: ❑ No s. 'zierrvice type ,O Certified Mail° ❑ Priority Mail Express' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery / Vie Ze t% V .70 2 -7- 14. Restricted Delivery? (Extra Fee) 11 Yes 2. Article Number 7012 3050 0000 4543 5164 (Transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt CODE ENFORCEMENT BOARD, PETITIONER, CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2014CE002002 v. ADDRESS: Ronald Lesage& Corey Folan 31 N. Cortez Ave. Winter Springs, FL 32708 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 28 DAY OF October 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: 31 N. Cortez Ave. Winter Springs, FL 32708 NAME AND ADDRESS OF OWNER OF RECORD: Ronald Lesage& Corey Folan 31 N. Cortez Ave. CITY CODE SECTION VIOLATED: City Ord. 13 -2 & 20 -438 FIRST OBSERVED: 7 -26 -14 DESCRIPTION OF VIOLATION: junk and debris and parking on the front yard UNLESS YOU: (1) CORRECT THIS VIOLATION BY: 10 -24 -14 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 3 Day of October .20 14. Certified Number: 7012 3050 0000 4543 1685 Enclosed: City Ord.20- 438,13 -2 SIGNATURE OF CODE INSPECTOR Jim Flannigan TYPED NAME OF CODE INSPECTOR 407 - 327 -1800 Ext.448 Police Dept. TELEPHONE NUMBER AND DEPARTMENT AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 31 N. Cortez Ave. & 1126 E. SR. 434 (City Hall) City of Winter Springs case number 2014CE002002 Has been posted with Notice of Code Board Hearing notice 10 -4 -14 on Also noticed by Certified Mail through the United States Postal Service. Property Posted Jim Flannigan The above signed person has sworn to this statement on 14412 day of 20_/4. 4mg-dwY wt Notary Signature Stamp: ��;�� ►� �, MAND Y L MINNETTO MY COMMISSION c•; #FF106727 „o:.�d"• EXPIRES May 11, 2018 (407) 3984153 Floridallotaryservice.com • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ronald Lesage & Corey Folan 31 N. Cortez Ave. Winter Springs, FL 32708 A. Sig /turree X r '� "" 13 Agent 0 Addressee B. ' ed by (Printed Name) C. Date o Delivery D. Is delivery address different from item 1? 0 Yes If YES, eoter delivery address below: ❑ No u. service type ,WCertified Mail® ❑ Priority Mail Express. 0 Registered JZ Return Receipt for Merchandise 0 Insured Mail ❑ Collect on Delivery /!I U'- D 2G1� L ii?Gt�'� 4. Restricted Delivery? (Extra Fee) ❑ Yes 2 Article Number (rransfer from service labeg 7 012 3050 0 0 0 0 4543 16 8 5 PS Form 3811, July 2013 Domestic Return Receipt