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HomeMy WebLinkAbout2015 02 24 Public Hearing 500 - New Case - 1166 Howell Creek Drive CODE ENFORCEMENT BOARD AGENDA Informational ITEM 500 Consent Public Hearings X Regular February Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. ,,,,`°°°�"w, WINTER SPRINGS POLICE DEPARTMENT F,'"TERSo POLICE CODE ENFORCEMENT DIVISION • 300 North Moss Road -Winter Springs, FL 32708 9 Business (407) 327-1000- Fax(407) 327-6652 January 30, 2015 HUMPHREY JOEL L &SHANNON SHANNON McMANAMA 1166 HOWELL CREEK DR 1166 HOWELL CREEK DR WINTER SPRINGS, FL 32708 WINTER SPRINGS, FL 32708 Case#: 2014CE003263 Service Address: 1166 HOWELL CREEK DR WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2014-00000062 CPL JIM FLANNIGAN 11/29/2014 2014-00000063 CPL JIM FLANNIGAN 11/29/2014 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2014-00000062 IPMC 303.2 Enclosures 2014-00000062 IPMC 304.12 Handrails&Guards 2014-00000062 IPMC 308.1 Infestation 2014-00000062 WS 13-2(e)Stagnant Pool 2014-00000062 WS 6-195 Maintenance of Fence Failure to correct the violation(s)and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to$250.00 per day for first offenses or up to$500.00 for repeat offenses per day that the violation remains. Please note the latest date to have the cited violations corrected: Corrective Action Comments Due Date NCV I 11/29/2014 Professionally, SIGNATURE CPL JIM FLANNIGAN C.A.L.E.A and State of Florida Accredited Agency Municipal Code Code Text IPMC.3-303-2-Enclosures Private swimming pools, hot tubs and spas, containing water more than 24 inches(610 mm)in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm)in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self- latching.Where the self-latching device is less than 54 inches(1372 mm)above the bottom of the gate,the release mechanism shall be located on the pool side of the gate. Self-closing and selflatching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches(152 mm)from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. IPMC.3-304-12-Handrails& Every handrail and guard shall be firmly fastened and capable of supporting normally Guards imposed loads and shall be maintained in good condition. IPMC.3-308-1 -Infestation All structures shall be kept free from insect and rodent infestation.All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health.After extermination, proper precautions shall be taken to prevent reinfestation. Winter Springs City Ordinance.13- It shall be the duty of the owner of each lot,tract, or parcel of land within the city to 2-(e)- reasonably regulate and effectively control excessive growths and accumulations,as enumerated in subsection(c),and/or dead,damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right-of-way between the property and the street. Winter Springs City Ordinance-6- All fences and walls and accessories thereto shall be maintained in good order and in a 195-Maintenance of Fences Or condition equal to that which was originally approved by the building official at the time a Walls permit was issued. If for any reason the fence or wall was erected without a permit,said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty(30)days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section,a property owner shall bring such fence or wall in compliance with this section within thirty(30)days of receipt of such notice.The thirty-day period may be extended an additional thirty-day period by the city manager or the city manager's designee for good cause shown. Certified Mailing Numbers: 70123050000045432323 70123050000045432316 2 USPS.com® USPS Tracking™Page of >>> English Customer ServiceUSPS MobileRegister / Sign In Customer Service › USPS Tracking Have questions? We're here to help. > Tracking Number: 70123050000045432323 Updated Delivery Day: Wednesday, December 10, 2014 Product & Tracking InformationAvailable Actions Postal Product:Features: Return Receipt After Mailing Certified Mail > DATE & TIMESTATUS OF ITEMLOCATION December 10, 2014 , 10:49 WINTER Delivered am SPRINGS, FL 32708 Your item was delivered at 10:49 am on December 10, 2014 in WINTER SPRINGS, FL 32708. December 10, 2014 , 4:40 Departed USPS Facility MID FLORIDA, FL 32799 am December 9, 2014 , 10:52 Arrived at USPS Facility MID FLORIDA, FL 32799 pm December 9, 2014 , 9:06 pm Departed USPS Facility ORLANDO, FL 32862 December 9, 2014 , 1:42 pm Arrived at USPS Facility ORLANDO, FL 32862 December 8, 2014 , 10:40 Departed USPS Facility FORT MYERS, FL 33913 pm December 8, 2014 , 4:04 pm Arrived at USPS Facility FORT MYERS, FL 33913 WINTER December 3, 2014 , 5:08 pm Notice Left SPRINGS, FL 32708 December 3, 2014 , 11:25 WINTER Notice Left am SPRINGS, FL 32708 WINTER December 3, 2014 , 7:27 am Arrived at Unit SPRINGS, FL 32708 Track Another Package Tracking (or receipt) number Track It https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=...1/30/2015 Youtube USPS.com® USPS Tracking™Page of >>> HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact UsAbout USPS HomeBusiness Customer GatewayPrivacy Policy Site IndexNewsroomPostal InspectorsTerms of Use FAQsUSPS Service UpdatesInspector GeneralFOIA Forms & PublicationsPostal ExplorerNo FEAR Act EEO Data Government ServicesNational Postal Museum CareersResources for Developers Copyright © 2015 USPS. All Rights Reserved. Twitter Search or Enter a Tracking Number https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=...1/30/2015 USPS.com® USPS Tracking™Page of >>> English Customer ServiceUSPS MobileRegister / Sign In Customer Service › USPS Tracking Have questions? We're here to help. > Tracking Number: 70123050000045432316 Updated Delivery Day: Wednesday, December 10, 2014 Product & Tracking InformationAvailable Actions Postal Product:Features: Return Receipt After Mailing Certified Mail > DATE & TIMESTATUS OF ITEMLOCATION December 10, 2014 , 10:49 WINTER Delivered am SPRINGS, FL 32708 Your item was delivered at 10:49 am on December 10, 2014 in WINTER SPRINGS, FL 32708. December 9, 2014 , 10:52 Arrived at USPS Facility MID FLORIDA, FL 32799 pm December 9, 2014 , 1:42 pm Arrived at USPS Facility ORLANDO, FL 32862 December 8, 2014 , 10:40 Departed USPS Facility FORT MYERS, FL 33913 pm December 8, 2014 , 4:04 pm Arrived at USPS Facility FORT MYERS, FL 33913 WINTER December 3, 2014 , 5:08 pm Notice Left SPRINGS, FL 32708 December 3, 2014 , 11:25 WINTER Notice Left am SPRINGS, FL 32708 WINTER December 3, 2014 , 7:27 am Arrived at Unit SPRINGS, FL 32708 December 3, 2014 , 4:03 am Departed USPS Facility MID FLORIDA, FL 32799 December 3, 2014 , 1:42 am Arrived at USPS Facility MID FLORIDA, FL 32799 December 2, 2014 , 9:11 pm Departed USPS Facility ORLANDO, FL 32862 December 2, 2014 , 7:52 pm Arrived at USPS Facility ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number Track It https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=701230500000454323161/30/2015 Youtube USPS.com® USPS Tracking™Page of >>> HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact UsAbout USPS HomeBusiness Customer GatewayPrivacy Policy Site IndexNewsroomPostal InspectorsTerms of Use FAQsUSPS Service UpdatesInspector GeneralFOIA Forms & PublicationsPostal ExplorerNo FEAR Act EEO Data Government ServicesNational Postal Museum CareersResources for Developers Copyright © 2015 USPS. All Rights Reserved. Twitter Search or Enter a Tracking Number https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=701230500000454323161/30/2015 T1,NTER SA O -p Z > H O -,-) ti CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE003263 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: HUMPHREY JOEL L & SHANNON HUMPHREY JOEL L & SHANNON 1166 HOWELL CREEK DR 1166 HOWELL CREEK DR WINTER SPRINGS, FL 32708 WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on FEBRUARY 24 ,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: 1166 HOWELL CREEK DR WINTER SPRINGS, FL 32708 Property Owner Name: HUMPHREY JOEL L&SHANNON Property Owner Address: 1166 HOWELL CREEK DR WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 303.2 Enclosures FIX AND OR REPLACE SCREENS AROUND POOL IPMC 304.12 Handrails&Guards FIX AND OR REPLACE RAILING ON BALCONY IPMC 308.1 Infestation REMOVE INFESTATION OF BEES IN YARD SIDE OF HOUSE WS 13-2(e)Stagnant Pool CLEAN AND TREAT POOL WATER WS 6-195 Maintenance of Fence REPAIR REPLACE MISSING SECTIONS AND FALLING FENCE SLATS. If the Code Enforcement Board finds your property in violation of the above referenced City Code(s)you can be fined up to$250 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. I certify a copy of this document was sent by Certified Mail on 1/30/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number:70123050000045434082 The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.3-303-2- Enclosures Private swimming pools, hot tubs and spas, containing water more than 24 inches(610 mm)in depth shall be completely surrounded by a fence or barrier at least 48 inches(1219 mm)in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching.Where the self- latching device is less than 54 inches(1372 mm)above the bottom of the gate,the release mechanism shall be located on the pool side of the gate. Self-closing and selflatching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches(152 mm)from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. IPMC.3-304-12-Handrails& Every handrail and guard shall be firmly fastened and capable of supporting normally imposed Guards loads and shall be maintained in good condition. IPMC.3-308-1 -Infestation All structures shall be kept free from insect and rodent infestation.All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health.After extermination, proper precautions shall be taken to prevent reinfestation. Winter Springs City It shall be the duty of the owner of each lot,tract, or parcel of land within the city to reasonably Ordinance.13-2-(e)- regulate and effectively control excessive growths and accumulations,as enumerated in subsection(c),and/or dead,damaged or diseased trees as enumerated in subsection (d),on the property and on the portion of the adjoining public right-of-way between the property and the street. Winter Springs City Ordinance- All fences and walls and accessories thereto shall be maintained in good order and in a 6-195-Maintenance of Fences condition equal to that which was originally approved by the building official at the time a Or Walls permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article.Within thirty(30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section,a property owner shall bring such fence or wall in compliance with this section within thirty(30)days of receipt of such notice.The thirty-day period may be extended an additional thirty-day period by the city manager or the city manager's designee for good cause shown. Ii SIGNATURE Cpl. Jim Flannigan U.S. Postal Service TM FED MTM RECEIPT U (DomestiCERTIc Mall I Onty;No AIL Insurance ECE Coverage Provided) QFor delivery Information visit our website at www.usps.come 194‘17G1 JPest $ Certified Fee • Return Receipt Fee Postmark (Endorsement Required) Here D Restricted Delivery Fee C: (Endorsement Required) Total Postage&Fees $ Sent To 111 O�:�� 11- j N?Q w'�/DN Jt/f!"PAM,/ 1-9 Street,Apt.No.; D or PO Box No. //66 14C:"A/it'(.0 C►a,,,�,ek lti City,State,ZIP+4 i Gt./sN7,.(4 spy: '4 >27. PS.Form 3800,August 2006 See Reverse for Instructions AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 1166 HOWELL CREEK & 1126 E. SR. 434 (City Hall) City of Winter Springs case number 2014CE003263 Has been posted with Notice of Code Board Hearing notice 01-30-2014 on Also noticed by Certified Mail through the United States Postal Service. Property Posted by: CPL.JIM FLANNIGAN / '`f The above signed person has sworn to this statement on cr)PV1l. ,(ty.\ day of ) 20 15 ( Notary Signature t rn'•.,� TERRI LYNN GUERRA �a Notary Public State of Florida Stamp: ��'�,��+•�My Comm.Expiripe s Nor 18,2018 .o� Commission FF 176553 Banded through National Notary Assn. 4 .. ',.. . .. , Jo, , ,.. .1. . , .. . , .. ,, :i il•i''' '-, 4 —1 ,01-... , , -1*, () , i, .103 i.,'; ..,._- , - ,-,-' P• /- ,1 q. -:::. 6" ! ' situ i i) I VI ,, „ ,i, . : t q. ':- a ..-.7.- ..... :,,,,;. -,,k.,,4,44,.. ,i; 0..;.:. -•:- .1141`. • ",. '111-1 .1- 1. t • . - ti5 II 'I. • -1-::: —7-- • —r—. = '....:_=.,— "ir • Ili 1r;L l' • .11,15"el' hal • . ... ''' :•:11? ri'ef,• " .- 1/41..11• .''.•al' r61 , --•••• :., -,--, . -.- - ""- „. ...., ! _. ',,..: L.,.. ••• -..., 12■M - ------ -..,,, -... .....: ,,,,,, 7.7."•.. ,.... ;. 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