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Home My WebLink About2015 03 24 Public Hearing 601 - Non-Compliance Case - 1507 Woodsglen DriveCODE ENFORCEMENT BOARD ITEM 601 March 24; 2015 Regular Meeting REQUEST: AGENDA Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. 4XNTER /C SA t U (/j Inmrporeud WF we • o '0R 1 Jy.� THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Eleanor Kasper 1507 Woodsglen Drive Winter Springs, Florida 32708 Parcel Id: 07- 21- 31- 5JV -OL00 -0010 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 #2014CE002190 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 IPMC 304.9 Overhang Extensions. exists 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: IPMC 304.9 Overhang Extensions.; 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 2014CE002190 OCTOBER 30, 2014 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until November 28, 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 FIFTY DOLLARS ($50.00) 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 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 30`h day of October 2014. Copies furnished to: Eleanor Kasper 1507 Woodsglen Drive Winter Springs, FL 32708 City of Winter Springs, Case File #2014CE002190 CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Hugh Fishe airperson CERTIFIED MAIL 7012 0470 0001 2132 6750 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 eaudet, Board Secretary 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 NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD March 10, 2015 FEDERAL NATIONAL MTG ASSN C/O FINANCIAL FREEDOM JJ�NTER O S� > 2 r � u w OFC TERRI GUERRA, has re- inspected the property at 1507 WOODSGLEN 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: March 24, 2015. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 304.9 Overhang Extensions There are several holes in the screen vents of the overhangs. t SIGN DAT OFC TERRI GUERRA 310-15 STAMP: SIGNAtTURE OF NOTARY DATE MINNETTO EMT SION #FF106727 ay 11, 2018 arysemice.com C.A.L.E.A and State of Florida Accredited Agency CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 28, 2014 PAGE 9 OF 15 PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2014CE002190 Eleanor Kasper 1507 Woodsglen Drive Winter Springs, Florida 32708 IPMC 304.9 Overhang Extensions. Date Of Service: October 3, 2014 Inspector: Terri Guerra Before giving testimony for this Case, Inspector Guerra submitted into Evidence, "'WS- 1', which is the CD (Compact Disc) presentation; 'WS-2', the Notice of Code Violation; 'WS-3', Returned Envelope for Notice of Code Violation; 'WS-4', Affidavit of Posting Notice of Code Violation; 'WS-5', USPS (United States Postal Service) printout for Code Board; 'WS-6', Affidavit of Posting for the Code Board; 'WS-7', Code Board Envelope Returned; 'WS-8', Code Board First Class Envelope." Continuing, Inspector Guerra stated, "I received a complaint in regards to the property having holes in the soffits and objects, such as towels, shoved in them. I observed there are several holes in the wire mesh area of the overhangs. There was also a towel or a sock shoved in some of the holes. Notice of Code Violation was mailed on August 14th, 2014. The Notice was returned Unclaimed. The Notice was Posted on the property on September 8th, 2014. There has been no contact. Notice of Hearing was mailed on October 3rd, 2014. The Notice was returned unopened on October 14th, 2014. This Notice was Posted at the property and City Hall on October 4th, 2014." Photographs were shown from "WS -1 ", with further comments. Inspector Guerra stated that Staff's recommendation was, "The owners be given until November 281h, 2014 to make the corrections. If found in Non - Compliance, a Fine of fifty dollars ($50.00) a day to be imposed." Board Member Laurie Bates Calhoun asked if the property was occupied. Inspector Guerra replied that the house did not appear to be occupied. Discussion. Note: The Respondent was not present. 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." Jgf)� () � -) ter ItiJ W w DO -i C3 L-i - ru LU rn -i C3 CD --j rTj It C3 C) M C3 ru fj V 2, w C7 >0-1 ko C) CD r- vl ND rri C 6L7 ri 0 0 Ln %E Ill Q :p T ITl CD 14 cc Fl kA (D W, ml, - 0 -n rl) Cf) -V M 4 0 M > , z m 1 -4 G) co M -n r- -;- Cl) 0 co > cn !6-L n .. I L US P 0 -i C3 L-i - ru 0 -i C3 CD --j rTj It C3 C) M C3 ru LLJ w C7 ru C) CD Ir -i 00 Ln M !6-L n .. I L US P 0 CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT Ni�y CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD PARCEL OWNER: FEDERAL NATIONAL MTG ASSN C/O FINANCIAL 2900 ESPERANZA CROSSING AUSTIN, TX 78758 COMPLAINT NO: 2014CE002190 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: 1507 WOODSGLEN DR WINTER SPRINGS, FL 32708 Property Owner Name: FEDERAL NATIONAL MTG ASSN C/O FINANCIAL Property Owner Address: 2900 ESPERANZA CROSSING AUSTIN, TX 78758 The cited violations are as follows: IPMC 304.9 Overhang Extensions I There are several holes in the screen vents of the overhangs. 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 4358 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.3 -304 -9 - Overhang All overhang extensions including, but not limited to canopies, marquees, signs, metal Extensions awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. R t ? I SIGNATURE OFC TERRI GUERRA 0 5 V t.. V- ■ ■ m D D . LL N U UJ l Y .°yyy 6/ E 5 V t.. V- ■ ■ m D D . LL N U UJ l Y .°yyy 6/ QSEfi EhSh 2220 OSOE 2TU USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile AUSTIN, TX 78710 Register I Sign In Arrived at USPS Facility OUSPSCom* March 10, 2015, 9:58 pm Departed USPS Facility TM USPS Tracking March 10, 2015, 8:13 pm Arrived at USPS Facility Customer Service > Have questions? We're here to help. Tracking Number: 70123050000045434358 Product & Tracking Information Postal Product: Extra Svc: Certill'ied Mail" DATE & TIME STATUS OF ITEM LOCATION March 14, 2015, 10:40 am Delivered AUSTIN, TX 78758 Your item was delivered at 10:40 am on March 14, 2015 in AUSTIN, TX 78758 March 13, 2015, 6:42 pm Departed USPS Facility AUSTIN, TX 78710 March 13, 2015, 8:36 am Arrived at USPS Facility AUSTIN, TX 78710 March 10, 2015, 9:58 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 Contact Us About USPS Home Site Index Newsroom FAQs USPS Service Updates Forms & Publications Government Services Careers Copyright 02015 USPS. All Rights Reserved. OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer National Postal Museum Resources for Developers Available Actions Text Updates Email Updates Return Receipt After Mailing LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data Search or Enter a Tracking Number https: // tools. usps. com /golTrackConfirmAction. action? tRef = fullpage &tLc =1 &text28777 =... 3/16/2015 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 COMPLIANCE CODE BOARD HEARING 1507 WOODSGLEN DR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2014CE002190 Posted on the following date: March 10, 2015 The undersigned swears and affirms that the property has been posted: SIGNATURE OFCTERRI GUERRA ;08Y'n'�,,� JAMES R FLANNIGAN `� ; Notary Public - State of Florida • My Comm. Expires Nov 8, 2015 Commission # EE 144889 Bonded Through National Notary Assn. c 3 NOTARY SIGNATURE DATE