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Home My WebLink About2015 04 28 Non-Compliance Case 601 - 104 Burgos RoadCODE ENFORCEMENT BOARD AGENDA ITEM 601 REQUEST: April Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18, 2012 PAGE 8 OF 22 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE #12- 0028014 Carlton And Christina Kingdom 104 Burgos Road Winter Springs, Florida 32708 Sec. 13 -2. Junk and Debris Date Of Service: August 23, 2012 Inspector — Christi Flannigan Inspector Flannigan presented the Case and stated, "I would like to present into Evidence the CD (Compact Disc), with the presentation also as 'WS-l' for this Case; 'WS-2' is the United States Post Office, Notice of Violation delivery confirmation printout; 'WS-3' is the Affidavit of Posting for the Notice of Violation; 'WS-4' is the Affidavit of Posting for the Notice of Violation on the 14th also; 'WS-5' is Certified Return Receipt for the Code Board Hearing; 'WS-6' is the United States Postal website printout for the Code Board Hearing; 'WS-7' is the Affidavit of Hearing." Continuing the presentation, Inspector Flannigan noted, "I have observed several times that there is a constant rotation of junk and debris that is piled up out by this house. There is constantly, windows or glass panels that are leaned against the fence and the house. Notice of Violation was mailed on July 19th, (2012); the United States Postal Service website shows that there is a Notice left on July 20th, (2012). The Notice was also posted at the property on August 2nd, (2012). I received a voicemail from the man stating that he wanted a meeting with me. Whenever I called him back, I left a message and I've had no other contact since. That was approximately toward the end of August. The Notice of Hearing was mailed on August 23rd, 2012. The Notice was delivered on August 24th, 2012, according to the United States Postal website. I posted the Notice of Hearing at the property on August 24th, (2012). Next, photographs were shown in reference to the Violations. In Sector Flannigan concluded, "I am recommending the owner be given until October 12 , 2012 to correct the Violations; and if found in Non - Compliance, a Fine of a hundred dollars ($100.00) a day, retroactive to September 18th, 2012 be imposed." Chairperson Wood stated, "Please let the Record reflect that the Respondent was not present." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18, 2012 PAGE 9 OF 22 "I MOVE TO FIND RESPONDENTS, CARLTON AND CHRISTINA KINGDOM, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL OCTOBER 12TH, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY AND A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: AGENDA ITEM 502.1 WAS FURTHER ADDRESSED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGE 5 - 7 OF THESE MINUTES, FOLLOWED BY THE REMAINING AGENDA ITEMS. ❖ ❖ PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE #12- 0027997 Rebekah Bartley And Aurora Loan Services 1326 Casa Park Circle Winter Springs, Florida 32708 IPMC 308.1 Infestation IPMC 304.6 Exterior Walls IPMC 304.14 Insect Screens IPMC 304.18 Building Security Date Of Service: August 30, 2012 Inspector — Christi Flannigan Related to Agenda Item `502.1', Chairperson Wood inquired, "In regards to the Foreclosure, is it okay for the letter to also be faxed to the Realtor of Record ?" Assistant City Attorney Kate Latorre replied, "The Statute requires mail, Certified Mail. They could fax it, in addition." Chairperson Wood then asked, "Would that be okay ?" Assistant City Attorney Latorre said, "Absolutely. You can always do more than the minimum." `l`t�N -TER S U1 U) \ tmmporated \ 1959 'cLORVP/ THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Carlton and Christina Kingdom 104 Burgos Road 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 #12-0028014 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 18, 2012 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. Findines 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 Section(s) 13 -2. Junk and Debris 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: Section(s) 13 -2. Junk and Debris; 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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028014 SEPTEMBER 18, 2012 PAGE 2 OF 2 Respondent be given until October 12, 2012 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 filing of a Notice of Non - Compliance by the Code Enforcement Officer, in the amount of ONE HUNDRED DOLLARS ($100.00) 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on September 18, 2012; 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 21s` day of September 2012. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Lau We', erson Copies furnished to: CERTIFIED MAIL 7012 1010 0001 2642 4429 Carlton and Christina Kingdom, Respondent City of Winter Springs, Case File #12- 0028014 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 01""_ day of S'eUk brf , 2012. Sean eau et, Board Secretary w v 4 VIE ib LO �-e) ;a rri �� r -bl -i C3 L-j ru L-j M L-i M C3 C3 M ru Er ru ni -D (D 0 z 1-0 M rr, ,4 8 z 90 -q N M 'Tl r- -g� U) 0 CA) 41FIl eopost, co US POSTAGEI ;IsopSpR` "GS WINTER SPRINGS POLICE DEPARTMENT I ( CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 March 9, 2015 KINGDOM CARLTON & CHRISTINA 104 BURGOS RD WINTER SPRINGS, FL 32708 Case #: 2015CE000607 Service Address: 104 BURGOS RD WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2015 - 00000097 CPL JIM FLANNIGAN 03/09/2015 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2015 - 00000097 WS 13 -2(b) Junk & Debris stacks of old windows, glass leaning on fence and other debris on side of house. Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day for first offenses or up to $500.00 for repeat offenses per day that the violation remains. Please note the latest date to have the cited violations corrected: Corrective Action Comments Due Date NCV stacks of old windows, glass leaning on 03/15/2015 fence and other debris on side of house remove these Or code board hearing for non - compliance will be initiated Professionally, SIGNATURE CPL JIM FLANNIGAN C.A.L.E.A and State of Florida Accredited Agency Municipal Code Code Text Winter Springs City Ordinance.13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 2 -(b) - wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him /her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. Certified Mailing Numbers: 7014 0150 0001 6256 0639 Er M --0 For delivery Information visit our website at www.usps.come ru PSCCOC�OittPostage 8 n G, 2,708 o� Certified Fee f r 3 P�OSptrzlark C3 Return Receipt Fee 0 (Endorsement Required) � Restricted Delivery Fee O (Endorsement Required) `. � Total Postage & Fees r ' � C3 tirrjG =t- Sent To CARLTON & (SWISTINA KINGDOM ra Sfreef,ApCNo:j 104 BURGOSRa- or PO Box No. City, State,ziP+ WINTER SPRINGS, FL 32708 PS Form :00 August 2006 See Reverse for Instructions • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, • Print your name and address on the reverse so that we can return the cans to you. • Attach this card to the back of the mailpiece, or on the; front if space permits. 1. Article Addressed to: CARLTON & CHRISTINA KINGDOM 104 BURGOS RD WINTER SPRINGS, FL 32708 A. Signatur A Agent X_ _ ❑ Addressee B. Received by (Printed Name) C. Date of Delivery Cfnn�f, rK r<i ;'r D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mal ® ❑ Priority Mail Express - Registered Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service fabeo 7 014 0150 0001 6 2 5 6 0639 PS Fnrm SRi i .Inly 911iA n,,., .V, ce+.— ce...; -+ CODE ENFORCEMENT BOARD, PETITIONER, vs. RESPONDENT PARCEL OWNER: KINGDOM CARLTON & CHRISTINA 104 BURGOS RD WINTER SPRINGS, FL 32708 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD COMPLAINT NO: 2015CE000607 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on April 28 , 20_15_ 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: _September 18_, 20_12_ The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 104 BURGOS RD WINTER SPRINGS, FL 32708 Property Owner Name: KINGDOM CARLTON & CHRISTINA Property Owner Address: 104 BURGOS RD WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(b) Junk & Debris stacks of old windows, glass leaning on fence and other debris on side of house. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00 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 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 3/26/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6256 0691 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance.13 -2 -(b) - wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him /her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. SIGNATURE CPL JIM FLANNIGAN • Complete item`,, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ` Carlton & Christina Kingdom j 104 Burgos Rd. M Winter Springs, FL 32708 A. Sigure X I g / Agent �% ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D, is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail® ❑ Priority Mail Express' ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number _ 9001 6 2 5 6 0691 (Transfer from service labefrom service label PS Form 3811, July 2013 Domestic Return Receipt i "R 5p WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 1W 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 CODE BOARD HEARING 104 BURGOS RD WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE000607 Posted on the following date: March 30, 2015 ,iJ�NTER O S� � 2 The undersigned swears and affirms that the property has been posted: SIGNATURE CPLJIM FLANNIGAN UUVI�.tn� �C • 3 � -IS NOTARY SIGNATURE DATE MANDY L MINIM o:- ?: * TTO MY COMMISSION #FF1j EXPIRES May 11, (407) 399 -0153 FloridallotaryService. STAMP: