The URL can be used to link to this page

Home My WebLink About2015 01 27 Public Hearing 501 - New Case - 221 North Third StreetCODE ENFORCEMENT BOARD AGENDA ITEM 501 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 - JULY 22, 2014 PAGE 9 OF 11 VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Before the following Public Hearing, Captain Deisler mentioned that the City of Winter Springs in the near future will be switching to a new computer software program, so the numbering of Cases may appear different in the near future. The following Public Hearing Case has a Case number from the old and new system, thus, the two (2) different Case numbers are shown. Captain Deisler added that the Respondent was properly Noticed and both the below Case numbers are associated with the property. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 503.2 Code Enforcement Division — Police Department CASE # 13- 0029107 (2013CE000978) Angelo Sanchez And Raquel Tavares 221 North 3rd Street Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. IPMC 304.5 Foundation Walls. IPMC 304.6 Exterior Walls. IPMC 304.13 Window, Skylight And Door Frames IPMC 304.15 Doors. Date Of Original Hearing: August 27, 2013 Date Of Service: June 27, 2014 Inspector: Chris Deisler Captain Deisler began his presentation and stated, "This Case was originally brought forward in front of this Board on August 27th of last year by Officer West. I am the follow up Inspector in this matter. This Case is one that did not get a Non - Compliance Hearing off the bat. It came to my attention that it had fallen by the wayside. When I went back and researched it, I discovered that we needed to bring it back for Non - Compliance. This is why we are here almost a year later." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 22, 2014 PAGE 10 OF 11 Continuing, Captain Deisler testified, "I went back and met with the current tenant to see if progress had been made to fix the house. The current tenant is not the original tenant that first brought this issue to our attention. However, the tenant did let me come in and look around. It was very apparent to me that the property was still in a state of disrepair and needed work." Photographs were shown from "WS -1 ", with further comments. Captain Deisler next remarked, "On June 136h, 2014 the owner, Mr. Sanchez, came to the Police Department about a quarter to ten to speak with me after I had Posted the Notice for this Hearing on his residence at 100 Lisa Loop." Continuing, Captain Deisler noted, "The Notice of Hearing was mailed Certified to the Owners of Record on June 26, 2014. It was attempted (delivery) at the owner's home, but refused twice — once on June 27th, 2014 and again on July 8th, 2014. However, the owner's primary residence was Posted by me on June 27th, (2014). The Notice of this Hearing is also Posted out front at City Hall on the bulletin board and I also mailed it first class. At this time, it is doubtful that any headway will be made to do anything positive to fix the property. So, right now the recommendation is entering the recorded Lien, pursuant to the Order as filed." Lastly, Captain Deisler submitted into Evidence and said, "`WS - 1' is the (Compact) Disc with the presentations; 'WS-2' represents the Affidavit of Posting; 'WS-3' the Notice of Hearing; 'WS-4' is the U.S.P.S. (United States Postal Service) tracking information from their website; and 'WS-5' will reflect the Return Mail, where the item was refused." Chairperson Fisher inquired if the penalties set forth in the Code Enforcement Board's Order would be retroactive to the date given to correct the Violations back in September 2013. Assistant City Attorney Kopp concurred that the penalties would indeed be retroactive to September 2013. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JULY 22, 2014 PAGE 11 OF 11 VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input ". No one spoke. Chairperson Fisher closed "Public Input ". In other City business, Board Member Kaprow inquired about the status of 1017 Walnut Creek Cove. Captain Deisler stated, "The last Permit was pulled in April and nothing has been done since." There was brief discussion that the property came back for a Non - Compliance Hearing, was found in Non - Compliance, and the property is currently accruing penalties. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:07 p.m. RESPECTFU_T T Y SUBMITTED: SEA1Vr EAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the September 23, 2014 Code Enforcement Board Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA COMPLAINT NO.2014CE002245 CODE ENFORCEMENT BOARD, ADDRESS: 221 N. 3RD ST. PETITIONER, V. ANGELO SANCHEZ RESPONDENT. RAQUELTAVERAS WINTER SPRINGS, FL 32708 STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M. ON THE 23rd DAY OF SEPTEMBER , 20 14 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. 3RD ST WINTER SPRINGS, FL 32708 NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: ANGELO D. SANCHEZ & RAQUEL Y. TAVERAS 100 LISA LOOP WINTER SPRINGS, FL NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: ANGELO D. SANCHEZ & RAQUEL Y. TAVERAS 100 LISA LOOP WINTER SPRINGS, FL 32708 CITY CODE SECTION VIOLATED: IPMC 108.1.1. (UNSAFE STRUCTURE) DESCRIPTION OF VIOLATION: EXISTING CARPORT HAS DETERIORATED TO THE POINT IT HAS BEEN DEEMED A SAFETY HAZARD TO THE OCCUPANTS. THERE IS EXTENSIVE WOOD ROT AND AN UNSTABLE BASE. DATE VIOLATION WAS FIRST OBSERVED: AUGUST 19, 2014 THIS CASE WILL BE BROUGHT BEFORE THE CODE ENFORCEMENT BOARD ON THE DATE GIVEN ABOVE. IF THE BOARD FINDS YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE, YOU MAY BE FINED UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES, 13E 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 MUST ATTEND THE CODE BOARD HEARING. OTHERWISE, IF YOU FAIL TO ATTEND IN PERSON OR BY REPRESENYATIVtVOU MAY LOSE YOUR RIGHT TO A HEARING AND THE CODE BOARD MAY ORDER A DEFAULT BE ENTERED AGAINST YO N\IDIN OU IN VIOLATION OF THE CITY CODE AS STATED ABOVE. DATED THIS 19th DAY I( SIG URE OF C DE INSPECTOR OF AUGUST 2014 CAPT. C. DEISLER TYPED OR PRINTED NAME OF CODE INSPECTOR WINTER SPRINGS POLICE DEPARTMENT CITY DEPARTMENT 407 - 327 -7550 TELEPHONE NUMBER OF OFFICE OF CODE INSPECTOR I CERTIFY A CODE OF THIS DOCUMENT WAS SERVED BY ✓ HAND DELIVERY/ ✓ CERTIFIED MAIL THIS 19th DAY OF AUGUST 2014 . CERTIFIED /DELIVERED BY 7012 3050 0000 4543 5256 RECEIVED BY: WSPD 115 REV. 10 -02 -02 PRINTED NAME RELATIONSHIP TO PROPERTY OWNER OF RECORD "Higher fines may be imposed due to repeat offender's violations" Ln (Domestic ru of For delivery Information visit our website at www.usps.come M U-) Postage $ +y c'Q p Certified Fee ?� J �- C`� Postmark p p C3 Return Receipt Fee (Endorsement Required) ► Z. Here Restricted Delivery Fee ,[ p (Endorsement Required) { L1l C3 M Total Postage & Fees r-U Sent To O 17� Street, Apt No.; ( or PO Box No. 'b �' SA ------ �s--------------- ----------- rty +�e z ------ -r----------- - ------------------------------------ �e S PL Y1� See Reverse for Instructions PS Form :00 August 2006 F • 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: �...J oa t>GZ. RA Q UE L TA VF'V-A i LOA vo ►c,i; r -V4 Z--1 cq A. Receive by (Pr7hted Name at o fD liv ry n. D. Is delivery address different from item 1? ❑ Yes If YES, eater delivery address below: ❑ No 3. Service Type Certified Mail® ❑ Priority Mail Express'" ❑ Registered jzf Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 3050 0000 4543 5256 (Transfer from service labeq PS Form 3811, July 2013 Domestic Return Receipt Notice of Non - Imminent Hazard/ Public Nuisance * *VIA CERTIFIED DELIVERY ** Mr. Angelo Sanchez or Ms. Raquel Taveras 100 Lisa Loop Winter Springs, FL 32708 CITY OF WINTER SPRINGS CASE NO: 2014CE002245 PROPERTY ADDRESS: 221 N. 3rd Street Winter Springs, Florida Notice is hereby given that the undersigned City of Winter Springs Code Enforcement inspector has inspected the above - referenced property and has determined that the following violations constitute a non - imminent hazard at the property address set forth above: • Carport structure in front of the home which has been deemed structurally unsound and a danger to the occupants in violation of International Property Maintenance Code 108.1.1 and a Non - Imminent Hazard subject to Section 13 -4, City of Winter Springs Code of Ordinances. a. Required Corrective Action(s): Repair the carport structure to make it structurally sound (with all required permits, approvals and inspections) or remove it from the property. b. Required Completion Date: January 27, 2015, at which time an order will be sought from the City of Winter Springs Code Enforcement Board for city work or contracted work to repair or secure the property. See section 13 -4 City of Winter Springs Code of Ordinances. FAILURE TO PERFORM THE REQUIRED CORRECTIVE ACTION(S) BY THE REQUIRED COMPLETION DATE MAY RESULT IN THE CITY REMEDYING THE CONDITION AND ASSESSING AGAINST THE PROPERTY OWNER THE COSTS THEREOF WHICH SHALL BE CHARGED AS A LIEN ON THE PROPERTY. (See section 13 -4 City of Winter Springs Code of Ordinances). at d: 2nd day of December, 2014 Capt. C. Deisler Code Enforcement Division Commander ��NTER a 2 H • � u � ti °po wEta�y CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT SANCHEZ ANGELO D & TAVERAS RAQUEL Y 100 LISA LOOP WINTER SPRINGS, FL 32708 COMPLAINT NO: 2014CE002245 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on January 27, 2015 the Code Enforcement Board will hold a hearing to determine why you should not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 221 N 3RD ST WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure I Unsafe carport structure which is unsound and causing a hazard to residents. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $500.00 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. The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.1 -108 -1 - Unsafe An unsafe structure is one that is found to be dangerous to the life, health, property or safety Structure of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. I certify a copy of this document was sent by Certified Mail on 12/2/2014 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7012 3050 0000 4543 2309 P- of8 Wally Capt. C. Deisler Support Services Bureau Commander • 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: AN -XIII-a SAr4GLK2 M "OtX w 1 k-) o� A. nal-ire X gent Addressee B. Receive (Print Name) C. Date of Delivery 6 /.2 - �'-/U D. elivery address different from item 1? ❑ Yes If YES, enter delivery address below: 1* No 3, §6ic9 Type Certified Mail,, ❑ ority Mail Express- 0 Registered turn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 3050 0000 4543 2309 (transfer from service iabeq PS Form 3811, July 2013 Domestic Return Receipt