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Home My WebLink About2015 02 24 Public Hearing 602 - Non-Compliance Case - 114 Murphy Road CODE ENFORCEMENT BOARD AGENDA Informational ITEM 602 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-OCTOBER 28,2014 PAGE 5 OF 15 PUBLIC HEARINGS AGENDA- CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA- REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Not Used PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE # 2014CE001870 Marta Horvath 114 Murphy Road Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool Date Of Service: October 3, 2014 Inspector: Jim Flannigan Before giving testimony on this Case, Corporal Flannigan submitted into Evidence, "`WS-1', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the Notice of Code Violations; `WS-3' is the Return Receipt of the Code Violations; `WS-4' is Return Envelope of the Code Violations; `WS-5' is the Affidavit of Posting of Code Board; `WS-6'is the United States Postal Service printout of Code Board Notice; `WS-7' is the Return Receipt for Code Board; `WS-8' is the First Class Mailing Envelope." Corporal Flannigan stated, "I received a complaint in regards to a stagnant pool at this location. I observed through the fence that the pool is stagnant and the house is vacant and has been for several months. The Seminole County Health Department was notified and they added chemicals, for the mosquito larvae in the pool. Notice of Violation was mailed on August 10th, 2014. The Notice was signed for by Cheryl Neumann on August 13th, 2014. The envelope was also returned with a notice `Return to Sender' and the address marked out. There has been no contact with the owner. The Notice of Code Board Hearing was Posted at the property and at City Hall on October 4th, 2014. The Hearing Notice was also mailed on October 3rd, 2014. The United States Postal Service website indicated that the Notice was not deliverable as addressed. The Return Receipt was returned unsigned and there was no envelope with it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 6 OF 15 Photographs were shown from "WS-1", with further comments. Corporal Flannigan stated that Staffs recommendation was, "The owner be given until November 19th, 2014 and if found in Non-Compliance, a Fine of two hundred dollars ($200.00) be imposed." Chairperson Fisher inquired, "The pool area is secure?" Corporal Flannigan replied, "Yes. There is a fence surrounding the property." Note: The Respondent was not present. Brief discussion. "I MOVE TO FIND THE RESPONDENT, MARTHA HORVATH, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVERMBER 19TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) A DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. Vice-Chairperson Gregg Roero asked, "In the event between now and November 19th something happens to the fence — where something breaks or it becomes a possible problem — what do we do next?" Corporal Flannigan replied, "If it becomes a safety issue, we will get immediate repairs done." eiNNTER z CITY OF WINTER SPRINGS, FLORIDA 5 Incorporated to 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407)327-1800 c°d FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#2014CE001870 A Florida municipal corporation, Complainant, v. Marta Horvath 114 Murphy Road Winter Springs,Florida 32708 Parcel Id: 03-21-30-502-0H00-0010 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 October 28, 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. 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. 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 zowcE0m/v7o OCTOBER so.zvw PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until November 19, 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 DOLLARS ($200.00)per day until the violation(s) is/are corrected. 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 recun-ence(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, be inning 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 uu Winter Springs,Florida,this 30 m day of October 2014. CODE ENFORCEMENT BOARD OF THE CITY OF W[N7ER S9RTNGS, FLORIDA--.‘ -4-jvLs Boub��b6�r,C��mmoo Copies furnished to: CERTIFIED MAIL 7012 0470 0001 2132 6729 Marta Horvath 2810 Ruleme Street#250-B Eustis,FL 32726 City of Winter S ings,Case File#2014CE001870 I hereby certify that a true and correct copy of the above and foregoing C)ndorImposing Penalty on Firs Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this day of October, 2014. ^°~� ' -' Sean ;eaudet,Board Secretary Z3 [ '0 L.) ary Q z 4 CCC n m $ o d. .2 e 3 Q 7' y m .... 0 O T g D m Q m o �, 33 T a ° 13. C � r �- Q. m a -p/' w w a' C ' c 3 2 11 w a � Q ^ � m V (f)Q _ on TT 7 co Cr co .i 0 SAN m 1 a 33 xj Z 0 N CCapC� CCC CCCC ��., y R o d Z D C , '', Z :0 3 m n ':' CD. CO` a 7 Z I tC z n 7 ��I ______ m " H m a r mr.m.■■■■=1 A J s.0 Iy f m RJ WINIIIMIIIIIIIIMIM■111111 .....1 0 a C y2 n o i .a: `.�.�■ F a m, IW 2 v (.lD T D T A!.i' W �..� m o b f° c YJ - ° (1J �� i ❑ _ I y me 1 LI ��. N 9 ,.0 -�� iUjj C ' f L'7.*7"---------"4t • •M 1�F��ry��rF,l 11 ` i In 1 � �11 t;I` gll{I'I I" 1. ,'wf 11,44 may. n. i fflE II-II;n:; , (Th -1 D ;, c, W ,I, 5 +��nn/� 5 p4 k it 1!�J I'� NTER � Sq O �' U to . 954 • ti o,,wr CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE001870 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: HORVATH MARTA HORVATH MARTA 2810 RULEME ST#250-B 2810 RULEME ST#250-B EUSTIS, FL 32726 EUSTIS, FL 32726 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on FEBRUARY 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:OCTOBER 28, 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: 114 MURPHY RD WINTER SPRINGS, FL 32708 Property Owner Name: HORVATH MARTA Property Owner Address: 2810 RULEME ST#250-B EUSTIS, FL 32726 The cited violations are as follows: WS 13-2(e)Stagnant Pool POOL WATER STAGNANT, PUMP NOT BEING RUN 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: 70123050000045434068 , , , 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 AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 114 MURPHY RD & 1126 E. SR. 434 (City Hall) City of Winter Springs case number 2014CE001870 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: ///f CPL.JIM FLANNIGAN ,/,,,W The above signed person has sworn to this statement on b` day of ( C.) 2015 Notary Signature ,o;"lPe,, TERRI LYNN GUERRA 'sPo •`'•: Notary Public-State of Florida Stamp: J`1 My Comm.Expires Nov 18,2018 ,�, �,d`. Commission#FF 178553 "° "'� Banded through Nationd Notary Assn. 0 U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mall Only;No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com® eft'�',�1°*osta Certified Fee 3 3 c Return Receipt Fee Postmark 7 Endorsement Required) "' Here Restricted Delivery Fee cEndorsement Required) Total Postage&Fees $ (4,r ct a Sent To MA'L7N4 ' nigL/4T i -R Street,Apt.No.; �. L7 or PO Box No. . � 4i j D u t ', , 5 )S/S- ' IL City,State,ZIP+4 ��44 Y ..I /_'v511` =t. 3 . PS Form 3800,August 2006 See Reverse for Instructions ' •