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Home My WebLink About2015 05 26 Non-Compliance Case 601 - 930 Oak Forest DriveCODE ENFORCEMENT BOARD AGENDA ITEM 601 REQUEST: May Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 24, 2015 PAGE 6 OF 15 PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2014CE002896 Jeff Cordes 930 Oak Forest Drive Winter Springs, Florida 32708 Sec. 6 -195 Maintenance Of Fences Or Walls. IPMC 303.1 Swimming Pools. IPMC 304.14 Insect Screens. Date Of Service: February 10, 2015 Inspector: Terri Guerra Inspector Terri Guerra, Code Enforcement Division, Police Department gave testimony on this Case and submitted into Evidence, "'WS-2' is the NCV (Notice of Code Violation) letter — Return Receipt; 'WS-3', the Notice of Code Board — Return Receipt; and 'WS-4', the Affidavit of Posting for Code Board." Continuing, Inspector Guerra stated, "October 29th, 2014 Captain (Chris) Deisler (Code Enforcement Division, Police Department) received a complaint from a neighbor about this home. He observed sections of the fence on the property that had fallen down into the neighbors yard and the screen enclosure was missing several sections of the screen, which were either torn, ripped, or removed. The screen enclosure door leading to the back of the residence was removed and leaning on the sliding glass doors and the track was in disrepair. There is an above ground pool in the back yard. However, it is empty and not posing a threat to the public safety. But, it is dingy and moldy in appearance. December 2nd, 2014, Notice of Code Violation was sent. December 8th, 2014, resident signed the Notice of Code Violation. January 31St, 2015, the property was checked with no corrections. February 10th, 2015, Notice of Code Board was sent out and Posted at the property and City Hall. February 18th, 2015, the owner did contact me. He advised that the bank would be taking over the property. He advised that he had no money to fix the Violations and there was nothing he was going to do about it. I attempted to call the bank that he supposedly said owned it. I couldn't get anybody to answer. The (Seminole County) Tax Appraiser is still showing him as the owner." Photographs were shown from "WS -1 ". Concluding the presentation, Inspector Guerra recommended, "The Violations be corrected by March 17th, 2015. If not corrected, a one hundred fifty dollar ($150.00) Fine a day, be imposed until the Violations are corrected." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 24, 2015 PAGE 7 OF 15 Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 17TH, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED AND FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: 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. PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2014CE002143 Debra J. Kaplan 1185 Newton Court Winter Springs, Florida 32708 Sec. 6 -195 Maintenance Of Fences Or Walls. Sec. 13 -2(c) Overgrown Yard. Date Of Service: February 10, 2015 Inspector: Terri Guerra Before giving testimony for this Case, Inspector Guerra submitted into Evidence, "'WS- 2' is the Return letter of NCV (Notice of Code Violation); 'WS-3', the Affidavit of NCV (Notice of Code Violation); `WS -4'is the Return letter, NCV (Notice of Code Violation); and 'WS-5' is the Affidavit of Posting of Notice of Code Board." Continuing, Inspector Guerra testified, "On August 7th, 2014 when conducting an inspection, I observed the fence rotted and slats were missing. Weeds are overgrowing the fence and the screen enclosure behind the fence and also going up the house. There was a sign Posted on the door for Property Preservation. I attempted to call them and email them, with negative contact. 0 `��NTER SA V Inwrporeted e 1959 e tiCOD WE -T THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Jeff Cordes 930 Oak Forest Drive Winter Springs, Florida 32708 Parcel Id: 12 -21 -30 -501- 0000 -0190 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 #2014CE002896 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 February 24, 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 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) 6 -195. Maintenance of fences or walls., IPMC 303.1 Swimming Pools., and IPMC 304 -14 Insect Screens. 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: Section 6 -195. Maintenance of fences or walls., IPMC 303.1 Swimming Pools., and IPMC 304 -14 Insect Screens.; 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 2014CE002896 FEBRUARY 24, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until March 17, 2015 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 ONE HUNDRED AND FIFTY DOLLARS ($150.00) 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 4th day of March 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Gregg Roe ce-Chairperson Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5826 6171 Jeff Cordes 7014 2120 0003 5826 6188 5200 Paleo Pines Circle Fort Pierce, FL 34951 -2380 City of Winter Springs, Case File #2014CE002896 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 4"- day of AA44c4— , 2015. Sean Bauket, Board Secretary • 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 card to you. • Attach this card to the back of the mailpiqbe, or on the front if space permits. 1. Article Addressed to: ❑ Agent 4/ Received by (Printed Name) C Date of Delivery / � -1- I S D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: XNo off Cordes 930 ; Forest Drive Wintitr:4rings, FL 32708 3. Service Type 2(Certified Mail® ❑ Priority Mail Express - - — - -- - _ ❑ Registered JK Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery d (�efl Itl If EOjf2 $ 4. Restricted Delivery? (Extra Fee) 11 Yes 2. Article Number (transfer from service label) ?014 2120 0003 5 8 2 6 6171 FPS Form 3811, July 2013 Domestic Return Receipt U SPS. corn(g) - U SPS Tracking TM English s o a ice USPS Mobile USPS TrackingTIVI bra(:,-IIIkiiuin I1%flnill crl 70142120000358266188 IIII a ,„ )&lHIII Ilr "' „ „ IIII' „ ;;a Thursday, March 12, 2015 ii� i� o d ct & Postal Product: Features: Certified Mai ITM March 12, 2015 , 1:43 pm Delivered FORT PIERCE, FL 34951 Your itern was delllivered at 1 43 i rn on Il arch 12, 201 15 in II::. n"; °t R.- III::�IIII:: R�::�II::, II::. III... 34,951'. March 12, 2015, 9:36 am Out for Delivery FORT PIERCE, FL 34950 March 12, 2015, 9:26 am Sorting Complete FORT PIERCE, FL 34950 March 12, 2015, 7:50 am Arrived at Unit FORT PIERCE, FL 34950 March 11, 2015, 3:06 pm Departed USPS Facility WEST PALM BEACH, FL 33416 March 10, 2015, 5:43 pm Arrived at USPS Facility WEST PALM BEACH, FL 33416 March 6, 2015, 12:22 am Departed USPS Facility MID FLORIDA, FL 32799 March 5, 2015, 10:50 pm Arrived at USPS Facility MID FLORIDA, FL 32799 March 5, 2015, 1:46 am Departed USPS Facility ORLANDO, FL 32862 March 4, 2015, 7:50 pm Arrived at USPS Facility ORLANDO, FL 32862 iii o lt [„' �� iir Pa6kage Tracking (or receipt) number Turaclk It Page 1 of 2 F7L] s' Irn Ilr" S Ilr III c Have questions? We're here to help. e4l, Get III , as " Ilr °aclkill in Updates Sign up for My USPS.com. Avaiid4ble Actiaris II :Returin Illl: eceiullpt, After Il aiullliuurwg Mairiage it i u Ilr Track all your packages from a dashboard. No tracking numbers necessary. S iii g Ilan LJIjp f Ilr- 11V1Y U S II S Corn https:Htools.usps.com/go/TrackConfirmAction?qtc tLabd s1= 70142120000358266188 5/18/2015 1l�NTER O S� a Z CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE002896 PETITIONER, vs. RESPONDENT PARCEL OWNER: CORDES JEFF 930 OAK FOREST DR WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on May 26 , 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: February 24, 20_15_. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 930 OAK FOREST DR WINTER SPRINGS, FL 32708 Property Owner Name: CORDES JEFF Property Owner Address: 930 OAK FOREST DR WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 303.1 Swimming Pool- Clean & it is drained and is moldy Sanitary IPMC 304.14 Insect Screens screen enclosure door leading to the back of the residence has been removed and a screen leaning on one of the sliding glass doors WS 6 -195 Maintenance of Fence fence is falling down 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 5/11/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6256 0882 The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.3 -301 -1 -Scope The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. IPMC.3- 304 -14 - Insect Screens Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self - closing device in good working condition. As Adopted by Ordinance 2008 -07 Winter Springs City Ordinance- All fences and walls and accessories thereto shall be maintained in good order and in a 6 -195 - Maintenance of Fences condition equal to that which was originally approved by the building official at the time a Or Walls permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty -day period may be extended an additional thirty -day period by the city manager or the city manager's designee for good cause shown. SIGNATURE OFC TERRI GUERRA U SPS. corn(g) - U SPS Tracking TM Page 1 of 2 English sto a ice USPS Mobile Register/ Sign TM Ustairn ir� Service ) USPSTng f�7 Have questions? We're here to help. Get IlEasy rilrackilling Updates Sign up for My USPS.com. nits(, ,-IIIk li iin g Ill Unill iir 70140150000162560882 Your itern was d6l ivered at 1,11 I rn �u"n IM ay 18, 01 iu'I II::: n"; °tR...r III::�II II:: R�::�II::, II::: III... 34951. May 18, 2015, 9:04 am Arrived at Unit FORT PIERCE, FL 34981 May 18, 2015, 1:30 am Departed LISPS Facility WEST PALM BEACH, FL 33416 May 17, 2015, 12:07 pm Arrived at LISPS Facility WEST PALM BEACH, FL 33416 May 16, 2015, 2:09 pm Departed LISPS Facility FORT MYERS, FL 33913 May 15, 2015, 9:55 pm Arrived at LISPS Facility FORT MYERS, FL 33913 May 14, 2015, 9:14 am Forwarded WINTER SPRINGS, FL May 14, 2015, 12:24 am Departed LISPS Facility MID FLORIDA, FL 32799 May 13, 2015, 8:40 pm Arrived at LISPS Facility MID FLORIDA, FL 32799 May 13, 2015, 8:35 am Departed LISPS Facility ORLANDO, FL 32862 May 12, 2015, 10:40 pm Arrived at LISPS Facility ORLANDO, FL 32862 Illi Ill n Ilr Pa6kage Mairiage hiricarniIiri ::)adkages Tracking (or receipt) number Track all your packages from a dashboard. No tracking numbers necessary. Furack It iii Irl LJIjp f Ir° Ift U S II S corn � https:Htools.usps.com/go/TrackConfirmAction?qtc tLabd s1= 70140150000162560882 5/18/2015 ca BP WINTER SPRINGS POLICE DEPARTMENT W 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 CODE BOARD HEARING 930 OAK FOREST DR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2014CE002896 Posted on the following date: May 11, 2015 J•I�NTER Q SA > Z U q ti cC10 WE ti The undersigned swears and affirms that the property has been posted: SIGNATURE OFCTERRI GUERRA y>> STAMP: NOTARY SIGNATURE DATE CHRISTI 0 FLANNI]2016 a' '�ai ��o Notary Public -State of = My Comm. Expires Oct 2Commission #t EE 21Mided Through Na kxW No