Loading...
HomeMy WebLinkAbout2015 05 26 Non-Compliance Case 602 - 913 Gazell TrailCODE ENFORCEMENT BOARD AGENDA ITEM 602 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 - MARCH 24, 2015 PAGE 3 OF 7 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2015CE000371 Elia Doerfler 111 Lido Road Winter Springs, Florida 32708 Sec. 13 -2. (e) Stagnant Pool IPMC 303.2 Enclosures. Date Of Service: March 5, 2015 Inspector: Jim Flannigan This Case was not heard. PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2014CE002896 Karl And Maria Cabanilla -Lowe; Select Portfolio; Suntrust Bank 630 Marni Drive Winter Springs, Florida 32708 Sec. 13 -2. (e) Stagnant Pool Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: March 5, 2015 Inspector: Jim Flannigan This Case was not presented. PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2014CE003387 Robert C. And Penny M. Jennings 913 Gazell Trail Winter Springs, Florida 32708 Sec. 13 -2. (c) Overgrown Yard Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: March 9, 2015 Inspector: Terri Guerra In presenting this Case, Inspector Terri Guerra submitted into Evidence, "The CD (Compact Disc) of 'WS-l', 'WS-2' is the Return Receipt for Notice of Code Violation, 'WS-3' is the Affidavit of Posting for Code Board, 'WS-4' is the United States Post Office notification of the Notice being left." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 24, 2015 PAGE 4 OF 7 Inspector Guerra testified, "On December 10th, 2014 I received a complaint in reference to grass being overgrown on the property and the fence was broken in sections. Upon my arrival, I noticed the yard had several weeds overgrowing throughout the yard. Also, the fence on the right side of the property and the panel was falling and several slats were broken in the rest of the fence. A door hanger was left at that time. January 20, 2015, the Notice of Code Violation was sent Certified Mail. It was signed by P. Jennings on January 23rd, 2015. On March 9th, 2015 a Notice of Code Board was sent out Certified and Posted at the property and at City Hall. On March 12th, 2015 U.S.P.S (United States Postal Service) website advised the Notice was left — no authorized recipient was available and there has been no contact from the owner at this time." Photographs were shown from "WS -1 ". Inspector Guerra also noted that the grass had been cut by a Contractor on March 23, 2015 and recommended, "The Violation be corrected by April 14th, 2015. If not corrected, a Fine of one hundred fifty dollars ($150.00) a day be imposed until the Violations are corrected." Note: The Respondent was not present. Board Member Carole Giltz reaffirmed that the grass had been cut by a contractor. Inspector Guerra responded that the grass had indeed been cut. Discussion. Next, Board Member Matthew Criswell asked about the cost incurred by the City to cut the grass. Captain Deisler replied, "I just got the bill from the landscaper at a hundred and fifty dollars ($150.00) plus staff costs at approximately twenty -five to thirty dollars ($25.00- $30.00) in the process." Discussion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 14TH, 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 KAPROW. SECONDED BY BOARD MEMBER GILTZ. BOARD MEMBER CRISWELL FURTHER INQUIRED ON HOW THE COSTS INCURRED BY THE CITY COULD BE RECOUPED FOR THE GRASS CUTTING, IF THE PROPERTY CAME INTO COMPLIANCE BEFORE AN ADDITIONAL HEARING. CAPTAIN DEISLER EXPLAINED, "I INTEND TO LEVY A LIEN AGAINST THE PROPERTY SHOULD THEY NOT PAY MY INVOICE. USUALLY WE GIVE THEM THIRTY (30) DAYS TO PAY IT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 24, 2015 PAGE 5 OF 7 VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS- NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE #2014CE002222 William And Sandra Campbell 108 St. Johns Landing Drive Winter Springs, Florida 32708 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 304.2 Protective Treatment. IPMC 304.7 Roofs and Drainage. IPMC 308.1 Infestation. Original Hearing Date: October 28, 2014 Date Of Service: March 10, 2015 InsDector: Terri Guerra Before giving testimony for this Case, Inspector Guerra submitted into Evidence, "`WS- F the CD (Compact Disc), 'WS-2' the Minutes from the October 28, 2014 Code Board, 'WS-3' is the Affidavit of Non - Compliance, 'WS-4' Affidavit of Posting, and 'WS-5' United States Post Office print -out regarding Notice left." Continuing, Inspector Guerra testified, "The owners were given until November 14, 2014 to make corrections or a Fine of two hundred and fifty dollars ($250.00) a day would be imposed. The pool was secured by a City crew on November 25, 2014. The sidewalk has been cleared of branches. All of the other Violations have not been addressed. March 10, 2015 a Notice of Non - Compliance was Posted at the residence and City Hall. Registered letter was also sent to the owner of record and per the United States Post Office website, the Certified Notice was left on March 12 (2015), with no one authorized to sign for it. /�N TER S /�C A �- z U vJ Inwryonted 1959 wET��yc THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. Robert C. and Penny M. Jennings 9i3 Gazell Trail Winter Springs, Florida 32708 Parcel Id: 12- 21- 30 -5DA- 0000 -3990 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 #2014CE003387 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 March 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. and 13 -2. (c) Overgrown yard 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(s) 6 -195. Maintenance of fences or walls. and 13 -2. (c) Overgrown yard; 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 2014CE003387 MARCH 24, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until April 15, 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 ZV'— day of March 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA 4L,t E�-- 1, — Hugh Fisher, airperson Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5828 0559 7014 2120 0003 5828 0542 Robert C. and Penny M. Jennings 927 Arabian Avenue Winter Springs, Florida 32708 City of Winter Springs, Case File #2014CE003387 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 March, 2015. Sean ff&ud , Board Secretary I �]qvj 01 ca OD L6 C) Is o d W, #.# 11N ru ,I- Ln C3 uIn U Vito t t. co In ru co CD Ln CA m 13 m C3 B.o C3 bz� n co In ru co CD Ln CA m 13 m C3 tn C3 ni a ¢ un r-9 ct " ru U) C) Z < Fc 0 0 CI) - U- C6 a) uj U) C\j � z cb Z U) — < Cc C:, Lj CL r, U) cc,) M LL w 0 —F- Z L) 0 wv 7: rq U 0.11 ID 0 0 z In 90 z Z Z GO) C,) m Cl) > z CD ..d C3 N CD CD ru CIO ITI nj DO C3 CD C3 CD C3 00 C3 LU Ln m ni C3 Ln w ry to fj cp to cz tj Z"2: m ca ki F 16. 10 vi m 11 to Z it C:l fil Z to n eo p o s t 4, C- C7) 71 co 0:1 a . w 0 3 ul ku 0 c N) da U-S POSTAGEI u•; ...v �9'0ed59 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE003387 PETITIONER, vs. RESPONDENT PARCEL OWNER: JENNINGS ROBERT C & PENNY M 927 ARABIAN AVE WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on May 26, 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 March 24, 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: 913 GAZELL TRL WINTER SPRINGS, FL 32708 Property Owner Name: JENNINGS ROBERT C & PENNY M Property Owner Address: 927 ARABIAN AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(c) Unsanitary / Overgrown I Grass is overgrown WS 6 -195 Maintenance of Fence Broken slats, and falling panels 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 5/11/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7012 3050 0000 4543 4327 17014 0150 0001 6336 0559 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance. 13-2-(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 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. SIGNATU E OFC TERRI GUERRA ■ 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 ■ Attach this cad to the back of the mailpiece, or on the front if space permits. 1 • ddressed to: 4det ❑ Agent 0 Addressee ;R7ecelved (P Name) =Dateof ry M�M ddres kem 17 0 Yes P roerydr e3e be 0 No ; y c �n�� ��,�nn I I•�s �a - F4.Restricted :tI e Typ'g: 5 �L 7U fied Mail -.b, p&rlty M ' press'" istered' 0 RetuC eipt for Merchandise red Mail ❑ Collect on Delivery � Delivery? (Extra Fee) 2. Article Number E3 Yes (transfer from service label) 14 0150 0001 6 3 3 6 0559 (; PS Form 3811, July 2013 - -- - - - -- -- - Domestic Return Receipt ■ 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: UC A. Signature X ❑Agent ❑ Addressee B. Received by- (Prf C. Date of Delivery D. Is delivery address different from Itap 1? ❑ Yes If YES, enter delivery addfgsa belodv: 131 No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 012 3050 0 0 0 0 4543 4 3 2 7 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 CODE BOARD HEARING 913 GAZELL TRL WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2014CE003387 Posted on the following date: March 9, 2015 �N�NTER O 3 P Z u u, The undersigned swears and affirms that the property has been posted: SIGNATURE OFC TERRI GUERRA TARY SIGNATURE DATE MANDY L MINNETTO MY COMMISSION #FF106727 '••.'�'osrL��'' EXPIRES May 11, 2018 (407) 398,0153 FlorldallotaryServlce.com STAM P: