Loading...
HomeMy WebLinkAbout2015 03 24 Public Hearing 600 - Non-Compliance Case - 108 St. Johns Landing DriveCODE ENFORCEMENT BOARD ITEM 600 March 24; 2015 Regular Meeting REQUEST: AGENDA Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. `ta�NTER S � z F O • 1959 • tic WETfiJ6 THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v William and Sandra Campbell 108 St. Johns Landing Drive Winter Springs, Florida 32708 Respondent, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2014CE002222 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. (c) Overgrown Yard, 13 -2. (c) Unsafe/Unsanitary, 13 -2. (e) Stagnant Pool, 17 -1. Obstructing Streets And Sidewalks, IPMC 302.7 Accessory Structures., IPMC 303. 2 Enclosures., IPMC 304.2 Protective Treatment., IPMC 304.7 Roofs and Drainage., IPMC 308.1 Infestation. 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) Overgrown Yard, 13 -2. (c) Unsafe/Unsanitary, 13 -2. (e) Stagnant Pool, 17 -1. Obstructing Streets And Sidewalks, IPMC 302.7 Accessory Structures., IPMC 303. 2 Enclosures., IPMC 304.2 Protective Treatment., IPMC 304.7 Roofs and Drainage., IPMC 308.1 Infestation. 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 2014CE002222 OCTOBER 30, 2014 PAGE 2 OF 3 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until November 14, 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 upon a fling of a Notice of Non - Compliance by the Code Enforcement Officer, in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00) 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. That the following violations existing on the property present a serious threat to the public health, safety and welfare: 13 -2(e) Stagnant Pool; IPMC 303.2 Enclosures, and IPMC 308.1 Infestation, and that if Respondent fails to correct the violations within the time period set forth herein, that the City Commission be notified of said violations pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Commission authorizing all reasonable repairs required to bring the property into compliance, as permitted by section 162.09(1), Florida Statutes. 4. 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; 5. 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. 6. 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 30th day of October 2014. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Hugh Fis Chairperson CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 2014CE002222 OCTOBER 30, 2014 PAGE 2 OF 3 Copies furnished to: CERTIFIED MAIL 7014 0150 0001 4533 6671 William and Sandra 285 Campbell Ranch Run Geneva, FL 32732 City of Winter Springs, Case File #13- 0028758 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 92014. Sean "udet, Board Secretary CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 28, 2014 PAGE 10 OF 15 "I MOVE TO FIND THE RESPONDENT, ELEANOR KASPER, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVERMBER 28TH (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT, ELEANOR KASPER, FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. Tape 1 /Side B VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS — NEW CASES 503. Code Enforcement Division — Police Department CASE # 2014CE002222 William And Sandra Campbell 108 St. Johns Landing Drive Winter Springs, Florida 32708 Sec. 13 -2. (c) Overgrown Yard Sec. 13 -2. (c) Unsafe/Unsanitary Sec. 13 -2. (e) Stagnant Pool Sec. 17 -1. Obstructing Streets And Sidewalks IPMC 302.7 Accessory Structures. IPMC 303.2 Enclosures. IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs and Drainage. IPMC 308.1 Infestation. Date Of Service: October 3, 2014 Inspector: Terri Guerra This Case began with Inspector Guerra submitting into Evidence, `WS -1', the CD (Compact Disc) of the presentation; 'WS-2', Notice of Code Violation; 'WS-3', Notice of Code Violation Return Receipt; 'WS-4', Return Receipt of Code Board; 'WS-5, Affidavit of Posting for Code Board." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 28, 2014 PAGE 11 OF 15 Chairperson Fisher asked if the format of the Notice of Code Violation forms had changed as he believed it was much more clear and concise. Inspector Christi Flannigan, Code Enforcement Division, Police Department replied that Staff had reformatted multiple forms. Captain Deisler added that even more improvements were expected with a new computer software program. Beginning her testimony Inspector Guerra stated, "I received a complaint in regards to the property having maintenance issues, such as vegetation overgrowth, wasp's nests, and other signs of being vacant for over a year. I requested Corporal Jim Flannigan to check the property for security. While checking the property, we observed several Violations. I observed the required clearance for a tree over the sidewalk is not being maintained. The shrubs and landscape bushes are overgrown, blocking the front door and windows. The overgrowth continues around the property. There is an accessory building that has holes in the exterior walls. The pool enclosure has large holes in the lower sections and it appears that something has been accessing it into the stagnant pool. There is also an infestation of wasps and mud daubers around the residence. The Notice of Code Violation was mailed on August 8th, 2014. This Notice was signed by Sandy Campbell on August 25th, 2014. There has been no contact with the owners. The Seminole County Health Department was notified of the stagnant pool. Notice of Hearing was mailed on October 3rd, 2014. This Notice was signed for by Sandy Campbell on October 7th, 2014. The Notice was Posted at City Hall and the property on October 4th, 2014." Photographs were shown from "WS -1 ", with further comments. Closing her testimony, Inspector Guerra stated, "I recommend the property be deemed as a serious threat — the infestation of wasps, the only pool enclosure being torn, and apparent animal accessing the stagnant pool water. I recommend the owners be given until November 21St, 2014 to make the corrections. If found in Non - Compliance, the Order indicates that the City can remedy the infestation, the stagnant pool, and the pool enclosure with the costs recorded as a lien. The other Violations be fined a hundred dollars ($100.00) a day." Chairperson Fisher asked if the property had a fence surrounding it and if the pool was unsecure. Inspector Guerra confirmed the property did not have a fence and the pool was unsecure. Board Member Kaprow inquired as to why so much time was being given to the owners to correct the issues if they were serious in nature. Discussion ensued on allowing more time for the owners to correct the Violations and that the owners appeared to be living at the home. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 28, 2014 PAGE 12 OF 15 "I WOULD MOTION TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 14TH, 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. FURTHERMORE, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE. IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY, CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER KAPROW. SENIOR CITY ATTORNEY KOPP ADDED, "COULD YOU JUST CLARIFY WHICH VIOLATIONS ARE THE SERIOUS THREAT? THAT WAY THE CITY KNOWS WHICH..." BOARD MEMBER CRISWELL ADDED, "...YES. IT WOULD BE SECTION 13.2 STAGNANT POOL, IPMC 303.2 ENCLOSURES., AND IPMC 308.1 INFESTATION." NO OBJECTIONS WERE STATED. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. .i'fiQePq WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD March 10, 2015 CAMPBELL WILLIAM & SANDRA , , , TER O SP > Z OFC TERRI GUERRA, has re- inspected the property at 108 ST JOHNS LANDING DR WINTER SPRINGS, FL 32708 on March 10, 2015. The property has been found to be in non - compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on: October 28, 2014. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 302.6 Exhaust Vents Accessory structure has hole in the exterior wall IPMC 304.2 Protective Treatment Green substance. all over outside of walls. IPMC 304.7 Roofs & Drainage Roof drains, gutters and down spouts should be free from obstruction. IPMC 308.1 Infestation There is an infestation of wasps and mud daubers at the house. WS 13 -2(c) Unsanitary / Overgrown Shrubs and grass are overgrown. WS 13 -2(e) Stagnant Pool —enter comment here<< SIGNATURE DATE OFC TERRI GUERRA 4 SIGN11TURE OF NOTARY DATE C.A.L.E.A and State of Florida Accredited Agency STAMP: eaP MANDY L MINNETTO ' MY COMMISSION #FF106727 •k „ „o�f,.d�� EXPIRES May 1 1 , 2018 (407) 388 0153 FloridallotaryService.com ,N LATER � S,o O 'p y Z U � µ` l CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE002222 PETITIONER, vs. RESPONDENT PARCEL OWNER: CAMPBELL WILLIAM & SANDRA 285 CAMPBELL RANCH RUN GENEVA, FL 32732 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on March 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: 108 ST JOHNS LANDING DR WINTER SPRINGS, FL 32708 Property Owner Name: CAMPBELL WILLIAM & SANDRA Property Owner Address: 285 CAMPBELL RANCH RUN GENEVA, FL 32732 The cited violations are as follows: IPMC 302.7 Accessory Structure Accessory structure has hole in the exterior wall IPMC 304.2 Protective Treatment Green substance all over outside of walls. IPMC 304.7 Roofs & Drainage Roof drains, gutters and down spouts should be free from obstruction. IPMC 308.1 Infestation There is an infestation of wasps and mud daubers at the house. WS 13 -2(c) Unsanitary / Overgrown Shrubs and grass are overgrown. WS 13 -2(e) Stagnant Pool Pool full and stagnant. 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 3/10/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7012 3050 0000 4543 4341 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.302 -6 — Accessory All accessory structures shall be maintained structurally sound and in good repair. Structure IPMC.304 -2 - Protective All exterior surfaces, including but not limited to, doors, door and window frames, cornices, Treatment porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decayresistantwoods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC.304 -7 - Roofs & Drainage The roof and flashing shall be sound, tight and not have defects that admit rain. Roof 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.308 -1 - Infestation All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. Winter Springs City The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance. 1 3-2-(c) - other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or material tending by its existence and /or accumulation to endanger or adversely affect of health, safety, lives, and /or welfare of the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. Winter Springs City It shall be the duty of the owner of each lot, tract, or parcel of land within the city to Ordinance. 1 3-2-(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. CODE OFC TERRI GUERRA Ehsh 0000 OSOE 2TOZ USPS.com® - USPS TrackingTM English Customer Service USPS Mobile 19USPSCOM' USPS TrackingTM Tracking Number: 70123050000045434341 Product & Tracking Information Postal Product: Extra Svc: OTHER USPS SITES Certified Mail's DATE & TIME STATUS OF ITEM LOCATION March 12, 2015 12:45 pm Notice Left (No Authorized GENEVA, FL 32732 , Recipient Available) We attempted to deliver your item at 12:45 pm on March 12, 2015 in GENEVA, FL 32732 and a notice was left because an authorized recipient was not available. You may arrange redelivery by visiting httvJ/vvvvvv.usps.com/redeI1very or calling 800 - ASK -USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. March 12, 2015 A30 am Departed USPS Facility MID FLORIDA, FL 32799 March 11, 2015 , 10:54 pm Arrived at USPS Facility MID FLORIDA, FL 32799 March 10, 2015 , 9:16 pm Departed USPS Facility ORLANDO, FL 32862 March 10, 2015 , 8:13 pm Arrived at USPS Facility ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number Track It HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAOs USPS Service Updates Inspector General Forms & Publications Postal Explorer Government Services National Postal Museum Careers Resources for Developers Copyright © 2015 USPS. All Rights Reserved. Page 1 of 2 Register/ Sign In Customer Service ) Have questions? We're here to help. Available Actions Text Updates Email Updates LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data https: // tools. usps. com /go /TrackConfinnAction ?tLabels= 70123050000045434341 3/18/2015 L WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF NON COMPLIENCE CODE BOARD HEARING 108 ST JOHNS LANDING DR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2014CE002222 Posted on the following date: March 10, 2015 �N —q � S,p z u u The undersigned swears and affirms that the property has been posted: SIGNATURE OFCTERRI GUERRA 'ir A JAMES R FLANNIGAN rptie +° s Notary Public - State of Florida • 5 My Comm. Expires Nov 8, 2015 Commission # EE 144869 �� may,, �,., > —%� 2(J�✓ Bonded Through National Notary Assn NOTARY SIGNATURE DATE