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HomeMy WebLinkAbout2015 02 24 Public Hearing 601 - Non-Compliance - WS-2 WS-3 WS-4 The following documents were distributed by Corporal Jim Flannigan during Public Hearings — Non-Compliance Cases Agenda Number "601" at the Code Enforcement Board Meeting on February 24, 2015. Evidence Exhibits WS — 2 WS — 3 WS - 4 S © i CITY OF WINTER SPRINGS, FLORIDA U Incorporate4 1126 EAST STATE ROAD 434 ' 1959 • WINTER SPRINGS, FLORIDA 32708-2799 �� TELEPHONE: (407)327-1800 cppw ��`� 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 4h, day of October,2014. rn Sean Beau et,Board Secretary 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. s"f Property Posted by: ,f CPL.JIM FLANNIGAN The above signed person has sworn to this statement on day of `.31/:.:) 20 Notary Signature Stamp: _ ;-i, TERRI LYNN GUERRA p: • '`' c' Notary Public-State of Florida ' :•;My Comm.Expires Nov 18,2018 ;E Commission#FF 178553 Bonded through National Notary Assn. • . • . . . . . • ---- - - ----- osm. CITY OF VVINTER SPRINGS lit111111 yr_-.: ::;-1---% 11045.3830503...._5,‘,.- .4., 0 • ,.._r-1...:r _ i, i et ii26 EAST S.R.434 WINTER SPRINGS,FLORIDA 6 Pkcept' 32708-2799 tri 7014 21E0 0 5629 416? / 003 / e-s-kot dc Deo ■10 .3CtreS c\,),.. LkOt P- 0)(t)400(i. C-VC-k'e -N) ‘, 1,1) ..- CI RETURN ‘,..)'■(\tff Se(AS FL-5/108 ,1 .74 ' RECEIPT REQUESTED . . , Nixie 33, De 10149 0811/3-711-4 Itt ' . 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