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Home My WebLink About2015 02 24 Public Hearing 601 - Non-Compliance Case - 408 Boxwood Circle CODE ENFORCEMENT BOARD AGENDA Informational ITEM 601 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 7 OF 12 VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. Board Member Criswell suggested seeking help from non-profit organizations to help. Board Member Poe recommended asking for help from the Boys Scouts, as they may take it on as a project. PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE # 2014CE001692 Lapetra N.Jones - Estate Of Debra Jones 408 Boxwood Circle Winter Springs, Florida 32708 Sec. 13-2. (c) Stagnant Pool. Date Of Service: September 5, 2014 Inspector: Jim Flannigan For this Case, Corporal Flannigan began the discussion and submitted into Evidence, "`WS-1', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the Returned Receipt of Notice of Code Violation; `WS-3' is the Affidavit of Posting of Code Board Notice at the house and here at City Hall." Continuing, Corporal Flannigan testified, "On June 26th, 2014 I received a complaint in reference to a vacant house with overgrown grass and a stagnant pool. Notice of Violation was mailed on June 22nd, 2014 and Notice was signed for by Tim Jones. I received a phone message in July, stating the house belonged to her mother that had passed away and were in the process of getting into possession. Apparently, it was in probate at that time. They were trying to sell the house. I have had no contact since July from anyone representing the property. The grass is being cut. However, the corrective action has been taken to correct the pool. The pool is in the same condition as when I originally observed the Violation. Notice of Hearing was mailed on September 5th, 2014. The United States Postal Service website shows that the Notice was left, but there was no authorized recipient available. The Notice was Posted at the property and at City Hall on September 8th, 2014. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 8 OF 12 I did get a voicemail yesterday from a lady representing the house who advised that the bank is taking the property back over and they have no intention of doing anything with the property. She didn't identify herself." Photographs were shown from "WS-1" with brief comments. Lastly, Corporal Flannigan stated, "I am recommending the owner be given until October 7th, 2014 to the Fine of two hundred and fifty dollars ($250.00) per day, if the Case is found in Non-Compliance." Discussion ensued on the fence and screen enclosure being secure as to not pose a public safety issue. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, LAPETRA N. JONES, 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 ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. 44'$T'E.4' S CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 [ncorp 959 WINTER SPRINGS, FLORIDA 32708-2799 e4" TELEPHONE: (407)327-1800 -00 FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#2014CE001692 A Florida municipal corporation, Complainant, v. Lapetra N. Jones—Estate of Debra Jones 408 Boxwood Circle Winter Springs,Florida 32708 Parcel Id: 03-21-30-502-0L00-0090 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). 13-2 (c) Stagnant pool. 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). 13-2. (c) Stagnant pool.; 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 2014CE001692 SEPTEMBER 23,2014 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until October 7, 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 TWO HUNDRED FIFTY DOLLARS ($250.00) 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 Hugh Fishe hairperson Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5829 4167 7014 2120 0003 5829 4174 Lepetra Jones—Estate of Debra Jones 836 Galway Boulevard Apopka,FL 32703 City of Winter Springs, Case File#2014CE001692 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 day of October,2014. Sean Beau et,Board Secretary --- '• -- , , :;Od S n . A. ...1 '' ) 1(11 (.31 ,r ■', (11311 LD :-.1> ,-- E r-I 2 ---"--6 I ,--1 r4,■....i: • re: 4:. • .1 ,1'■1 1.,0 Li - w 0 'w di z EL - ri -- 111 .,.V11 I. . 0 '-i :■:;1.411„4.11, • g: _..... ;it, ':Itil...40. .•--.47iii• ,-4 ,F, ........ ,..... :1 11•16..eii. TI.j -L, II' .- 311,It.114":411 rt. WI }- ter CI - i::3.1,ir:111113 4.111i '4 e. - co— ... .,,. 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N (t.: a) %.1.) n••• 2 cr) Cl) CI Z Lc CC cl• 0- ',4; o CD ',I- 1-1,_ CC CC (.61 gi 1.- ,- z ob ■■ Lu CL r,,1 I.all.1 Ca N CC Cus, La U. •-- Lil WI boss O .- 12 CIC Cej I— Ve O re: cz• No* Cc r CB ,p1NTER Q SA o p ' Z 0 U 0, ieeo.eon. • 1959 • .ti ,",D CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE001692 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: JONES LAPETRA N PER REP FOR JONES LAPETRA N PER REP FOR 836 GALWAY BLVD 836 GALWAY BLVD APOPKA, FL 32703-8325 APOPKA, FL 32703-8325 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on FEBRURAY 24,2015 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: SEPTEMBER 23, 2014 . The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation:408 BOXWOOD CIR WINTER SPRINGS, FL 32708 Property Owner Name: JONES LAPETRA N PER REP FOR Property Owner Address836 GALWAY BLVD, APOPKA, FL 32703-8325 • The cited violations are as follows: WS 13-2(e)Stagnant Pool POOL WATER STAGNANT PUMP NOT RUNNING NO CEMICALS ADDED If the Code Enforcement Board finds your property in violation of the above referenced City Code(s)you can be fined up to 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: 70123050000045434075 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City It shall be the duty of the owner of each lot,tract,or parcel of land within the city to Ordinance.13-2-(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. SIGNATURE CPL JIM FLANNIGAN AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 408 BOXWOOD & 1126 E. SR. 434 (City Hall) City of Winter Springs case number 2014CE001692 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. ✓'`l Property Posted by: CPL.JIM FLANNIGAN The above signed person has sworn to this statement on 0 I day of c:3C) 2015 " ; () 1 D 0)L_Yi\A o Rtir..� Notary Signature Stamp: ;i�; •,,, TERRI LYNN GUERRA ' Notary Public-State of Florida •1 My Comm.Expires Nov 18,Y018 Commission#FF 178553 "•,, i'0 Bonded through National Notary Assn. U.S. Postal Service TM CERTIFIED MAILTM RECEIPT u-f (Domestic Mail Only;No insurance Coverage Provided) r- O For delivery information visit our website at www,usps,coms M '4,z SS Ul b�1Ip stage $ .=" a�y Certified Fee CIReturn Receipt Fee Postmark ` (Endorsement Required) i Fiore O Restricted Delivery Fee (Endorsement Required) t CI Ul Total Postage&Fees 1 m Sent To \ RJ < N C Jr' �, %'-__(7-„ 5 rq Street,Apt.No.;-- O or PO Box No. --------------------- En State,ZIP+4 ---------_1___---i--_--___-_- /�D 6c ! ---- ; PS Form 3800,August 2006 � /n� 3� �� .g32.� See Reverse for Instructions