The URL can be used to link to this page

Home My WebLink About2015 02 24 Public Hearing 600 - Non-Compliance Case- 210 Sweetgum Circle CODE ENFORCEMENT BOARD AGENDA Informational ITEM 600 Consent Public Hearings X Regular February 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-SEPTEMBER 23,2014 PAGE 10 OF 12 "I MOVE TO FIND THE RESPONDENT, LADONNE LIFE WIGHTMAN — ESTATE OF CYNTHIA D. DOBAR, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 7TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE- CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. Note: The Respondent was not present. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE # 2014CE001369 Barbara Smith Pers. Rep. for Jody Oren 210 Sweetgum Court Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 9-374. Posting Of Numbers. IPMC 304.7 Roofs And Drainage. Date Of Service: September 2, 2014 Inspector: Christi Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "`WS-1', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the NCV (Notice of Code Violation) Returned Receipt; `WS-3' is the Affidavit of Non-Compliance Posting; 'WS- 4' is Affidavit of Posting for Code Board; `WS-5' which is the United State Postal Service, Code Board mailing Notice." Continuing, Corporal Flannigan testified, "Complaint was received about a fence missing panels and that the roof had a tarp on it and was falling apart for months. I observed that there were no house numbers. The tarp that is on the roof is falling apart. Another tarp has been placed on it also. The fence is also missing a panel, which fell in the yard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 23,2014 PAGE 11 OF 12 Notice of Violation was mailed on June 3rd, 2014, which was not picked up, per the United States Postal Service website. This Notice was Posted on the property on June 17th, 2014 for the Notice of Code Violation. A second Notice was mailed on August 6th 2014. This Notice was signed for by Lawrence Smith on August 22nd, 2014. (Inspector) Christi (Flannigan) had spoken with Barbara Smith who advised that the property belonged to her deceased daughter. The property was returned to the bank and she was unsure what bank owned it at this time. She was unable to provide that bank information. Notice of Hearing was mailed on September 2nd, 2014. The United States Postal Service website shows that there was no authorized recipient. The Notice was also Posted at the property and at City Hall on September 2nd, 2014." Photographs were shown from "WS-1"with brief comments. Corporal Flannigan concluded, "I am recommending the owner be given until October 27th, 2014 to make the corrections. If found in Non-Compliance, a Fine of a hundred and fifty dollars a day be imposed." Chairperson Fisher asked if there was loose wiring on the side of the house, to which Corporal Flannigan noted that it was cable television wiring and the house was vacant. Note: The Respondent was not present. Discussion. Tape 1/Side B "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 27TH, 2014 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. SA � . s 7. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 * Incorporated ' WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 coow, 4-2' FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#2014CE001369 A Florida municipal corporation, Complainant, v. Barbara Smith Pers. Rep. for Jody Oren 210 Sweetgum Court Winter Springs,Florida 32708 Parcel Id: 03-21-30-509-0D00-0180 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 September 23, 2014 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 Sec(s). 6-195. Maintenance of fences or walls., 9-374. Posting of numbers., IPMC 304.7 Roofs and drainage. 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: Sec(s).6-195. Maintenance of fences or walls.,9-374. Posting of numbers., IPMC 304.7 Roofs and drainage.; 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 2014CE001369 SEPTEMBER 23,2014 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until October 27, 2014 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 in the amount of ONE HUNDRED FIFTY DOLLARS ($150.00) 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; 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 29th day of September 2014. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Vim- " F L Hugh Fishe , hairperson Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5829 4211 7014 2120 0003 5829 4181 Barbara Smith Pers. Rep. for Jody Oren 212 West South Street Forstoria,OH 44830 City of Winter Springs,Case File#2014CE001369 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 j rL day of October,2014. Sean Bead'et,Board Secretary c,,..„, 0. s90, r,, 0 r . * 1— Do 1\3 C., Pr7 0-1 xi cn> z co -n ,— p.. (/) 0 V, "0 13 33 5 > Z C) f"444, Cl) (13 ...A CS— (1) r . --, _ c-• -J T'' r• E-"c3 """..... "IN) 41kt Fi* - ..= 0,.. 0(a) .4 ■a o ru ..■ rim. ...•■•••• 5:11 ru r i ..4 F 7 1=3 iii INIIIIIIIIII■11 min% IP -L -K•V\ CD 11.11 : 1...., v.) t■ C3 IIII■ 1713 - C,1 c'' W "I"- ■111111111■ . Ui a2 ■• lbi t-1 J3 ftom,„ Irl% - i l't to■ ,,..- 111111111111•111111MMIIIIIII :7 r4 .... 11■■■••■■•■ :7'Nit 4 ni m....../.... ::: ..:... ......... G.. ";rf 1 a ni - 1 ori - 1.3 1 --:1-,,., 1 Z --::: w ill(1 2 ,...- ,"IF .1 .-1 , i Ak:e4 ..... ,.4. 11 m IP v7,,) _...cN titil \ 3r11 'C' — II ....=kn ........ ?-' r;_-C tuulA PaIleIN kilk. !:..147eNZI.Kii.1.1.C.11 - Cri .— 4211 4% • .' '' - ° - °•.- I I .1 ::-- 1 II J _ "''' • r 21 _ ---,------------- , .. .,- - 7r-CI7% i j 4Z i. , 1.1100,7 0 ■ "'l ' av- _< rip COD, X1 e4_3 P., n.) (/) M w. m iTil -- , fri (C)9)j 0 xi 0 x .-P- am a-ri • :-.■0 r- -4• U) 0 C,,L) -0 m 33 > x v 0 0 w (t) .1.‘1..t Nif 3 1,3 7 (bi s 1, -, v z.. El tir v\ --c:. t...., • -.... IN■IN (11,1P .=. , ...... ........ til L--,?-• Z ‘1■. ...., ,..■. , ... ... CI i u wil■ '.41 in 3- • 3 4. a" • MMMMMMMMM=IM■ Lin 11-1 .. ....... maw r3 11■1,.. 1•41 ° a lin _ a .e: co -, _s ....■••. ...,1 r1 0-s -r 11111w ...a .. >4. c) .............. „..,4 in ■■•■■■ 0 3 11.I Ilia -II INNINNIM■ poili."11 ......... ■ :7 0 momi■ % ■ .......p.r.. r., wili■I■um z Ill 1,1J ,-,- ......■■■■■ 1 EJ ....: ..,_ (X 1 -.7.-0 tit<Z -, I , - _LP ).'' C.7 - -I n.1 m .....:. cd”,0 ,.,... z p -ni-.1 rp co 7. tr! 0 ITI Z "*.r7 "1 7) 7) —en ..... fr' ri• t. Iv- 0 •-....,DI z E tu al A pa 1 I ew 441" re"YLI:411PrA ,.. I..' 44 : .11.•I 1 7L2.7.01,4,.. a:-0 64 KOZ/E0/0l. 'Fri 30.114; t,' ..-- , : ...•-q: ..!..,. . . .- --q 7C09061' K z 4.r' =."--..-:'=-.1 '',Ailawaitaila■hr,A,............... """"" NT ER � SA O > U I CO 1959 • CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE001369 PETITIONER, vs. RESPONDENT PARCEL OWNER: SMITH BARBARA L PER REP FOR 212 W SOUTH ST FOSTORIA, OH 44830 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on February 24 , 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: Sept. 20_,20_14_ The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation:210 SWEETGUM CT WINTER SPRINGS, FL 32708 Property Owner Name: SMITH BARBARA L PER REP FOR Property Owner Address:212 W SOUTH ST FOSTORIA, OH 44830 The cited violations are as follows: IPMC 304.7 Roofs& Drainage Roof has been covered with tarp for over a year IPMC 304.9 Overhang Extensions Overhangs are covered with untreated plywood WS 6-195 Maintenance of Fence fence falling missing panels 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. 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: 7012 3050 0000 4543 1876 The text of the associated violations,as it appears in the Municipal Code, is stated below: IPMC.3-304-7-Roofs& The roof and flashing shall be sound,tight and not have defects that admit rain. Roof Drainage drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roofwater shall not be discharged in a manner that creates a public nuisance. IPMC.3-304-9-Overhang All overhang extensions including, but not limited to canopies, marquees,signs, metal Extensions awnings,fire escapes,standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 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. V SIGNATURE OFC CHRISTI FLANNIGAN .06`984 WINTER SPRINGS POLICE DEPARTMENT \NTEq y.A POLICE` CODE ENFORCEMENT DIVISION �� Z• 300 North Moss Road -Winter Springs, FL 32708 sv Business (407) 327-1000- Fax(407) 327-6652 „, AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 210 SWEETGUM CT WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2014CE001369 Posted on the following date: January 30, 2015 The undersigned swears and affirms that the property has been posted: G _„iii SIG JE � '1654er W filpTE oFgemerrgrzwgel VOACIA/O- .tAmm'itAitS4 ;so,: ..�, MANDY L MINNETTo �cbrua� Z, ?�D1S •' MY COMMISSION*FF106727 NOTARY SIGNATURE DATE 1,3? 8r 11, 2018 o,opc:;•• EXPIRES May (407;39E14153 FlorldallotaryService.corn