Loading...
HomeMy WebLinkAbout2015 01 27 Public Hearing 600 - Non-Compliance Cases - 130 East Bahama RoadCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: January Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 26, 2013 PAGE 18 OF 27 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Division — Police Department CASE # 12- 0028217 King And Sindy Smith 130 East Bahama Road Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris. Date Of Service: February 1, 2013 Inspector: Christi Flannigan Related to this Case, Inspector Flannigan submitted into Evidence "'WS-l' is the CD (Compact Disc) of the presentations, 'WS-2' is the Affidavit of Posting for the Notice of Violation, 'WS-3' is the United States Postal Service print out, 'WS-4' is the United States Postal Service for the second Notice of Code Violation, 'WS-5' is United States Postal Service webpage for the Code Board Hearing, `WS'6" is the Affidavit of Posting for Code Board Hearing. On August 27th, (2013), I observed large piles of junk and debris in the yard and in the driveway. There is a large, broken metal carport lying in the driveway with parts of the roof missing. Notice of Violation was mailed on September 5th, 2012 and November 5th, 2012. United States Postal website shows that the one from September was delivered. The Notice was also Posted at the property on January 8th, 2013. The Owner has called several times with different reasons on why the work is not being done at the property. Notice of Hearing was mailed on February 1St, 2013 and also Posted at the property on January 29th, 2013." Photographs were shown from the PowerPoint Presentation. Discussion. Inspector Flannigan recommended, "The Owner be given until March 15th to correct the Violations. If found in Non - Compliance, a Fine of a hundred dollars ($100.00) be imposed retroactive to February 26' , 2013." Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENTS, KING AND SINDY SMITH, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL MARCH 15 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY, RETROACTIVE BACK TO FEBRUARY 26TH, (2013), FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 26, 2013 PAGE 19 OF 27 FURTHER, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE, AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THAT 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 ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: DIFFERENT INFORMATION APPLIES TO THE NEXT AGENDA ITEM AS NOTED IN THE DISCUSSION OF THE CASE, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Division — Police Department CASE # 12- 0028658 Joan M. Dye 644 Silver Creek Drive Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris. Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: February 6, 2013 Inspector: Jim Flannigan Corporal Flannigan introduced the Case and noted the Agenda Item Wording on the Case should show Violation of Sec. 20 -411. Trailers in residential areas., not Sec. 6 -195. Maintenance of Fences or Walls. In addition, Corporal Flannigan said, "The Notice does state `20.411 Trailer "'. Chairperson Wood said "We're going to strike on our Agenda here. We're going to strike Section 6 -195 and we're going to replace it with Section 20 -411 for the Record." O S u In— porarea \• WE t ' GOD OWE -V THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v King and Sindy Smith 130 East Bahama Road Winter Springs, Florida 32708 Respondent, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case # 12- 0028217 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 February 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. Findines 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) 13 -2. Junk and Debris. 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) 13 -2. Junk and Debris. 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 12- 0028217 FEBRUARY 27, 2013 PAGE 2 OF 3 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until March 15, 2013 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 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on February 26 2013 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 27th day of February 2013. CODE ENFORCEMENT BOARD OF THE CITY O WINTER SPRINGS, FLORIDA Chairperson Copies furnished to: CERTIFIED MAIL 7012 0470 0001 2132 6781 King and Sindy Smith, Respondent City of Winter Springs, Case File #12- 0028217 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028217 FEBRUARY 27, 2013 PAGE 3 OF 3 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 N "^ day of 1^ 92013. Sean Be udet, Board Secretary �N�NTER � SA O �p 2 U W E1 _ t � CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 12- 0028217 PETITIONER, vs. RESPONDENT PARCEL OWNER: SMITH KING J & SINDY 130 E BAHAMA RD WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on January 27 , 20_15_ the Code Enforcement Board will hold a hearing to determine if the property described below is still in violation after their order was issued on: _February 26_, 2013 The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 130 E BAHAMA RD WINTER SPRINGS, FL 32708 Property Owner Name: SMITH KING J & SINDY Property Owner Address: 130 E BAHAMA RD WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(b) Junk & Debris junk and debris piled in the yard and on the property If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00 per day for each day the violation continues and you can be charged for the costs that are incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Florida State Statute Section 162.09. The hearing is conducted within guidelines of City of Winter Springs Code 2 -60 and Florida State Statutes Chapter 162. You may appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in this case. You have the right to present evidence, exhibits, written and oral testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City Of Winter Springs Clerk's Office. In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing. certify a copy of this document was sent by Certified Mail on 12/9/2014 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70110470000363164166 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 1 3-2-(b) - wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him /her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. Jim Flannigan WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION �19"� 300 North Moss Road - Winter Springs, FL 32708 59 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 130 E BAHAMA RD WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 12- 0028217 Posted on the following date: December 9, 2014 The undersigned swears and affirms that the property has been posted: 77 SI ATURE MANDY L MINNETTO MY COMMISSION #FF106727 +•'1'oFMa°•` EXPIRES May 11, 2018 407) 388 -0163 FloridallotaryService.com STAMP: OTARY SIGNATURE DATE U SPS. corn(g) - U SPS Tracking TM Page 1 of 2 English sto a ice USPS Mobile Register/ Sign TM Ust irn Ir Service � LISPS Trackin g Have questions? We're here to help. aura(, ,-IIIk.liiiurng Il Unil it 70110470000363164166 Y our itern de arced our I „,JW: is :. S facillli� in �::�RI_ �I IIC::�� 32862 II �„ ��„ y . .�, II:::III... �n January 11, 2015 at 110 1;r"nv, ...rhc itern is curre nrflly in transit to the destination. Ilu"nforrnatio n, if availllallblle, is ul dated l cri odicalllllly throughout the day. III::� Ill ease checl4~v again Illatcr. January 10, 2015 , 7:42 pm Arrived at LISPS Facility ORLANDO, FL 32862 January 9, 2015 , 2:05 pm Departed LISPS Facility FORT MYERS, FL 33913 January 9, 2015 , 12:55 am Arrived at LISPS Facility FORT MYERS, FL 33913 January 7, 2015 , 9:43 am Unclaimed WINTER SPRINGS, FL 32708 December 17, 2014, 8:38 Out for Delivery WINTER am SPRINGS, FL 32708 December 17, 2014, 8:28 Sorting Complete WINTER am SPRINGS, FL 32708 December 16, 2014, 8:29 Arrived at Unit WINTER am SPRINGS, FL 32708 December 16, 2014, 5:16 am Arrived at LISPS Facility MID FLORIDA, FL 32799 December 16, 2014, 4:01 am Departed LISPS Facility ORLANDO, FL 32862 December 16, 2014, 12:21 am Arrived at LISPS Facility ORLANDO, FL 32862 iii o lt [„' ����� iir Pa6kage Tracking (or receipt) number Firaclk It https:Htools.usps.com/go/TrackConf i rmActi on.acti on?tRef =f ul I page& tL c =1 & text28777 =... 1/12/2015 U SPS. corn(g) - U SPS Tracking TM HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAQs USPS Service Updates Inspector General Forms & Publications Postal Explorer Government Services National Postal Museum Careers Resources for Developers Copyright © 2015 USPS. All Rights Reserved. Page 2 of 2 LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data Search or Enter a Tracking Number https://tool s.usps.com/go/TrackConf i rmActi on.acti on?tRef =f ul I page& tL c =1 & text28777 =... 1/12/2015