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HomeMy WebLinkAbout2015 04 28 Non-Compliance Case 600 - 221 North Third Street CODE ENFORCEMENT BOARD AGENDA Informational ITEM 600 Consent Public Hearings Regular X March 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 - JANUARY 27, 2015 PAGE 5 OF 15 PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2014CE002245 Angelo Sanchez And Raquel Tavares 221 North 3rd Street Winter Springs, Florida 32708 IPMC 108.1.1 Unsafe Structures. Date Of Service: December 2, 2014 Inspector: Chris Deisler Captain Deisler presented this Case and submitted into Evidence, "'WS-l', which will be the CD (Compact Disc) of the presentations tonight; 'WS-2' is the Affidavit of Posting for this Hearing; 'WS-3' is my Certified Mailing for this Hearing." In addition, Captain Deisler noted that Mr. Jay Abel, Building Inspector and the Respondent were in attendance. Continuing with the presentation, Captain Deisler testified, "Originally this Case came to my attention back in August of last year. This home has an existing carport structure — it is in a rundown condition, which poses a hazard to the occupants or anyone who maybe nearby. There are several areas where the wood is rotting. The doors and the walls of the structure are inadequate to support it during times of storms and wind. That was based upon conversations that I had with the renter who lives there. Mr. Abel, our Building Inspector, was contacted by the owner about June 26, 2014. He was asked to further inspect the structure, based upon his professional qualifications. He replied to me that the structure was a danger and that it needed to be fixed or removed." Photographs were shown from "WS -1 ", with further comments. Mr. Jay Abel, Building Inspector, Building Division, Community Development Department addressed the Code Enforcement Board and testified, "Captain Deisler asked me to go there and take a look at the structure, which I did. It needs to be either repaired or taken down. I instructed in my Notice that a Permit would be required to either (repair) or (remove). I went back out there and met Mr. Sanchez. It was mid - September and I asked him if he was going to repair or get Permits or demolish it. He said he wasn't sure yet. At that time, I said I would turn it over to Code Enforcement if it doesn't get rectified. Basically it does have wood rot all the way around it. It does need to either be taken down or repaired." Next, Captain Deisler explained that he had also met with Mr. Sanchez in September 2014, gave him additional time to obtain Permits and correct the Violation. Since that time, Captain Deisler said he has had no other contact with the Respondent. Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 6 OF 15 Lastly, Captain Deisler stated, "I am recommending that he be provided two (2) weeks to secure proper Permits, conduct adequate repairs on the carport, and show considerable progress toward repairs to remedy the structural issues. Should he fail to comply, I am requesting that you authorize demolition of said structure at cost that will be put back on the property in the form of a Lien." Mr. Angelo Sanchez, 100 Lisa Loop, Winter Springs, Florida: provided a letter from the company "Builders & Renovators ", which was entered into the Record as Exhibit "R -1 ". Since there was only one (1) copy, Chairperson Fisher read the letter aloud to the other Code Enforcement Board Members. Board Member Matthew Criswell mentioned that the letter was from a Building Contractor, not a General Contractor and asked Captain Deisler, "You had said earlier that you wanted to have a letter from a Structural Engineer or Professional Engineer ?" Captain Deisler responded, "Correct, Sir. You are going right down the road that I would like Mr. Abel to speak to." Mr. Abel added, "A General Contractor will not certify it because they are not a licensed Engineer. As you will probably see by the letter, I didn't see a stamp or raised seal on that letter. That is what a licensed, Structural Engineer would need to provide." Chairperson Fisher also pointed out there was no signature on the letter provided by "Builders & Renovators ". Likewise, Mr. Abel noted that the letter would not be acceptable without a signature. Next, Captain Deisler submitted into Evidence "` WS -4', which were the Notices that were issued by the Building Division with regard to this. It clearly states in the Notices that were issued to Mr. Sanchez, that a licensed Structural Engineer provide said letter." Discussion. Board Member Carole Giltz noted that the City gave Mr. Sanchez the option of repairing the structure or demolishing the structure and asked if he is considering either option. Mr. Sanchez replied, "Not at this moment. I thought it was safe." In turn, Board Member Criswell inquired, "You do carry liability insurance on that property ?" Mr. Sanchez replied, "Yes, Sir." Much discussion ensued on possible Motions, Staff's recommendation, time frames for pulling Permits, and that a Notice of Intent to Remedy was indeed sent to Mr. Sanchez in December 2014. Next, Captain Deisler submitted into Evidence "WS -5 ", which was the Notice of Intent to Remedy. The Notice was previously provided to the Code Enforcement Board in the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 7 OF 15 "I WOULD MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND RESPONDENT BE GIVEN UNTIL FEBRUARY 10TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, THEN WE WOULD RENDER SECTION 13 -4. PROCEDURES IN ACCORDANCE WITH ANY COST OR EXPENSES, AS A FINE." MOTION BY BOARD MEMBER CRISWELL. SENIOR ATTORNEY KIM KOPP INQUIRED, "IS THERE A FINE OR NO FINE WITH RESPECT TO JUST THE VIOLATION?" BOARD MEMBER CRISWELL REPLIED, "NO FINE. IT WOULD BE A LIEN." CHAIRPERSON FISHER REITERATED, "AT THIS POINT THERE WOULD BE NO FINE. HOWEVER, IT WOULD BE IN ADDITION TO THE FINDING OF VIOLATION. SECTION 13 -4. WILL APPLY AND THE COST OR EXPENSE OF ANY CONSEQUENCES OF THAT ACTION WILL BE APPLIED AS A LIEN ON THE PROPERTY." IN TURN, SENIOR ATTORNEY KOPP CLARIFIED, "YOU WANT TO FIND THE PROPERTY IN VIOLATION OF IPMC 108.1.1 WITH NO FINES AND IF THE PROPERTY DOES NOT COME INTO COMPLIANCE BY FEBRUARY 10TH, THEN YOU ARE AUTHORIZING STAFF TO ACT UNDER SECTION 13- 4. TO ABATE THE NUISANCE AND THE COST OF REPAIR OR REMOVAL OF THE DANGEROUS CONDITION WILL BE A LIEN ON THE PROPERTY, PURSUANT TO (SECTION) 13 -4. ?" BOARD MEMBER CRISWELL ANSWERED, "CORRECT." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CAPTAIN DEISLER ADDED THAT HE WAS CONCERNED THAT THE RESPONDENT WOULD SIMPLY PULL A PERMIT AND TAKE NO FURTHER ACTION IN ORDER TO AVOID ADDRESSING THE VIOLATION. DISCUSSION ENSUED ON TIMEFRAMES FOR PULLING PERMITS. Tape 1 /Side B SENIOR ATTORNEY KOPP ADDED, "THIS IS JUST A SUGGESTION, BUT YOU MAY WANT TO CONSIDER A LONGER TIMEFRAME THAN FOURTEEN (14) DAYS. MAKE THE ISSUE A COMPLETE COMPLIANCE. EITHER IT IS REPAIRED OR IT'S DEMOLISHED TO THE SATISFACTION OF CODE ENFORCEMENT. I DON'T KNOW WHAT A REASONABLE TIME IS. THAT IS FOR YOU TO DECIDE. YOU MAY WANT TO MAKE IT A COMPLETE COMPLIANCE BY A SPECIFIED DATE, AS SOMETHING TO CONSIDER." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 8 OF 15 DISCUSSION ENSUED ON THE ALLOWABLE TIME FRAME TO REPAIR THE VIOLATION. BOARD MEMBER CRISWELL SAID, "I THINK THIRTY (30) DAYS FOR SOMETHING LIKE THIS IS ENOUGH. MR. ABEL, DO YOU AGREE?" MR. ABEL NODDED IN AGREEMENT. BOARD MEMBER CRISWELL ASKED IF AN AMENDMENT NEEDED TO BE MADE TO HIS ORIGINAL MOTION. SENIOR ATTORNEY KOPP NOTED, "SO, IT IS THIRTY (30) DAYS ?" BOARD MEMBER CRISWELL REMARKED, "YES. FINAL INSPECTION — THIRTY (30) DAYS — BY THE CITY." SENIOR ATTORNEY KOPP CLARIFIED, "IF IT IS NOT REPAIRED OR DEMOLISHED WITHIN THAT THIRTY (30) DAY PERIOD, THEN THE CITY STAFF IS AUTHORIZED WITHOUT FURTHER HEARINGS TO REPAIR OR DEMOLISH THE STRUCTURE; AND THE COST OF THAT WORK WILL BE A LIEN, PURSUANT TO (CITY ORDINANCES SECTION) 13 -4. ?" BOARD MEMBER CRISWELL STATED, "CORRECT ". VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ REGULAR AGENDA - PART II REGULAR 706. Code Enforcement Division — Police Department CASE #12- 0028385 Federal National Mortgage Association 1637 Tiverton Street Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: February 26, 2013 Inspector: Christi Flannigan This next Case was presented by Captain Deisler who gave a brief history of the property. Photographs were shown from "WS -1 ", with further comments. C SA 1� 1Z CITY OF WINTER SPRINGS, FLORIDA * O n� fn 1126 EAST STATE ROAD 434 959 • WINTER SPRINGS, FLORIDA 32708-2799 wE o'.)4 TELEPHONE: (407)327-1800 FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#2014CE002245 A Florida municipal corporation, Complainant, v. Angelo Sanchez and Raquel Tavares 221 North 3rd Street Winter Springs,Florida 32708 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 January 27, 2015 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 and Notice of Non-Imminent Hazard/Public Nuisance in accordance with Sections 2-59 and 13-4 of the City Code,respectively,and consistent with sections 162.06 and 162.12,Florida Statutes; 2. That a violation of IPMC 108.1.1 Unsafe Structures, 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 and Notice of Non-Imminent Hazard/Public Nuisance; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: IPMC 108.1.1 Unsafe Structures; 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. 6. That said violation(s) constitute(s) a Non-Imminent Hazard/Public Nuisance pursuant to Section 13-4 of the City of Winter Springs Code of Ordinances. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 2014CE0022445 JANUARY 27,2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until February 26,2015,to correct the violation(s)of the City Code on the Property; 2. That the following violation(s) existing on the property constitute a non-imminent hazard/public nuisance pursuant to Section 13-4 of the City of Winter Springs Code of Ordinances: IPMC 108.1.1 Unsafe Structures. 3. If Respondent fails to correct the violations on the Property within the time period prescribed herein, the Code Enforcement Division and its Officers shall take action to secure the property or render it safe pursuant to Section 13- 4 of the City of Winter Springs Code of Ordinances. The costs and expenses of such work shall serve as a lien against the Property. 4. 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 Chapter 162, Florida Statutes,and City of Winter Springs Code,Chapter 2,Article III,Division 2. DONE AND ORDERED at Winter Springs,Florida,this IO day of itb,4-1 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA ("t< Hugh Fisher,C irperson Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5826 6157 7014 2120 0003 5826 6164 Angelo Sanchez and Raquel Tavares 100 Lisa Loop Winter Springs,FL 32708 City of Winter Springs,Case File#2014CE002245 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 0' day of ktirvf ,2015. SearfBeaudet,Board Secretary • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items'1;2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. ` � ❑Agent • Print your name srld address on the reverse X `y� ❑Addressee so that we can return the card to you. B. Received bV'•rinted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: flNo Angelo Sanchez and Raquel Tavares 100 Lisa Loop Winter Springs, FL 32708 3. S ice Type Certified Mail® ❑Priority Mail Express'" ❑ Registered IX Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery orkr 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7 014 2120 0003 5 8 2 6 6164 PS Form 3811,July 2013 Domestic Return Receipt -------....................„,..... I 13 9 VI SC)cl S I 1 i % q .;,,,4 "'i i.r.)-17 .., afr .. ,!--4 a ... . i •.r,'; 01 ii f? ,4 WI N :7 "' CT) ,_ tA N ‘(&) VI (.••„„ .. ..... LO L IDe 0 att --.. . 1 - -.. -4 1I S 0(1 0 a,1 1 it 0<, ,.... , ,k: al. 4^ a 1 Lill"LA`• Lk:"114 . 1 ...- .;„ :.:, . il$ 0 Uri no 0 II f. • ..A. V... 34, ict • in • ti 1,0, . r. Hi;14 Al it. -. 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I---........_____________,,.......,..............................................L. Jd‘NTER F SA O 'p z 0 U 0 • "—Mil) • CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE002245 PETITIONER, vs. RESPONDENT PARCEL OWNER: SANCHEZ ANGELO D &TAVARES RAQUEL Y 100 LISA LOOP WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on April 28,2015 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: January 27,2015. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation: 221 N 3RD ST WINTER SPRINGS, FL 32708 Property Owner Name: SANCHEZ ANGELO D&TAVARES RAQUEL Y Property Owner Address: 100 LISA LOOP WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure Unsafe carport structure which is unsound and causing a non-imminent hazard/public nuisance pursuant to Section 13-4 of the City Code and Chapter 162, Florida Statutes. If the Code Enforcement Board finds your property in violation of the above-referenced City Code(s)you can be fined up to$1,000.00 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 City may also take such action to render the property safe through removal of the carport structure,and the costs and expenses of such work shall be a lien upon the property pursuant to section 13-4, City Code and/or Chapter 162, Florida Statues. 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 3/25/2015 , posted on the property, and at a government office as per Florida State Statute 162. The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.1-108-1 -Unsafe An unsafe structure is one that is found to be dangerous to the life, health, property or Structure safety of the public or the occupants of the structure by not providing minimum safeguards to protqct or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged,decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible.e P sionally, C . Deisler Winter Springs Police Department Certified No.7014 0150 0001 6256 0127 r liaililiai WINTER SPRINGS POLICE DEPARTMENT 4,tos TER S PO CODE ENFORCEMENT DIVISION Ap Z • 1959 • 300 North Moss Road -Winter Springs, FL 32708 ,,, wF H,- Business (407) 327-1000 - Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 221 N. 3rd St. WINTER SPRINGS, FL 32708 VIOLATION ADDRESS 100 Lisa Loop WINTER SPRINGS, FL 32708 OWNER'S ADDRESS AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2014CE002245 Posted on the following date: March 30, 2015 The undersigned swears and affirms that the property has been posted: SIGNATURE ; !"o "°tip; MANDY L MINNETTO CPL.JIM FLANNIGAN t`„,...,,c *) MY COMMISSION#FF106727 "••'ror;riff, EXPIRES May 11, 2018 (407)398.0153 FlorldallotaryService,com ,3( -11AUV-Ualk 3-2-to 15 STAMP: OTARY SIGNATURE DATE U.S. Postal ServiceTh, CERTIFIED MAILTM RECEIPT P- (Domestic Mail Only;No Insurance Coverage :vide:: IL r-R For delivery Information visit our website at www.usom D fU Postage $ , y V _ 'Certified Fee 3 3 0 ; �� , 1 Pe • r o lmark ED Return Receipt Fee Here E3 (Endorsement Required) _ .r, }r.. CI Restricted Delivery Fee C\j C (Endorsement Required) GI CO t J U Total Postage&Fees = P O 4 et oGt_Lo SaNc uw,. oi (3-1 AS ' Street,Apt.No.; D or PO Box No. 1 0 0 r1._' SA L-t.op City,State,ZIP+4 WI C t ° 6 FL 3z-Tvg PS Form 3800,August 2006 See Reverse for Instructions 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: 70140150000162560127 Product & Tracking InformationAvailable Actions Postal Product:Extra Svc: Text Updates Certified Mail > Email Updates DATE & TIMESTATUS OF ITEMLOCATION Notice Left (No Authorized WINTER March 30, 2015 , 3:58 pm Recipient Available) SPRINGS, FL 32708 We attempted to deliver your item at 3:58 pm on March 30, 2015 in WINTER SPRINGS, FL 32708 and a notice was left because an authorized recipient was not available. 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