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HomeMy WebLinkAbout2015 07 28 Public Hearing 600 - Non-Compliance Cases - 298 San Gabriel StreetCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: 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 - APRIL 28, 2015 PAGE 7 OF 18 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2015CE000424 Haydee Rubio 298 San Gabriel Street Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. Date Of Service: March 30, 2015 Inspector: Captain Chris Deisler This Case began with Captain Deisler explaining what he was submitting into Evidence, "` WS- 1' will be this presentation; 'WS-2' is the proof of mailing for the NCV (Notice of Code Violation); 'WS-3' is the proof of delivery for NCV (Notice of Code Violation); 'WS-4' reflects the proof of mailing for the Code (Enforcement) Board Hearing; 'WS-5' is that same Notice returned; 'WS-6' is the Affidavit of Posting for tonight's Hearing." Next, Captain Deisler testified, "During routine patrols, I noticed the exterior walls of this particular unit are showing signs of faded or degraded paint. There is a lot of dirt build up and the walls appear to have a dingy appearance. The Notice of Code Violation letter was mailed Certified on February 19th, 2015 and signed for by the homeowner on February 26th, 2015. The Notice of Code (Enforcement) Board Hearing was sent Certified on March 27th, 2015 and returned Unclaimed to me on April 27th, 2015. The property and City Hall were Posted with the Notice on March 30th, 2015." Photographs were shown from "WS -1" and Captain Deisler noted that he thought the paint on the unit was original. Concluding his presentation, Captain Deisler requested, "A Finding of Fact and owner be provided until May 25th, 2015 to make corrections. If property is subsequently found in Non - Compliance, a Fine of one hundred dollars ($100.00) per day be imposed. I have not had any contact with the owner." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 28, 2015 PAGE 8 OF 18 Discussion. Note: The Respondent was not present. "I WILL MOVE TO FIND THE RESPONDENT, HAYDEE RUBIO, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 25TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. 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 504. Code Enforcement Division — Police Department CASE # 2015CE000478 GC4A Commercial LLC 260 East State Road 434 Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Date Of Service: March 30, 2015 Inspector: Captain Chris Deisler Captain Deisler presented the Case and submitted into Evidence, "'WS-1 will be this presentation; 'WS-2', proof of mailing of the NCV (Notice of Code Violation); 'WS-3', proof of delivery of the NCV (Notice of Code Violation); 'WS-4', proof of mailing for the Code (Enforcement) Board Hearing for tonight; 'WS-5', that Notice returned; 'WS- 6', Affidavit of Posting for tonight's Hearing." Continuing with his testimony, Captain Deisler noted, "The exterior of this property has extension garbage, debris, and other unsightly material throughout, particularly the rear area consisting of household trash, tires, piles of broken glass, wooden pallets, piles of concrete, and mattresses." Captain Deisler mentioned the property was the large shopping center in the west part of the City, near Victorio's II Italian Restaurant. ��NTER O!� SA U 0 Inrnrp*IV5 \• �o WE ~� wET��y� THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v Haydee Rubio 298 San Gabriel Street Winter Springs, Florida 32708 Parcel Id: 34 -20 -30 -536- 0000 -0390 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 #2015CE000424 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 April 28, 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 IPMC 304.2 Protective Treatment. 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 304.2 Protective Treatment.; 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 2015CE000424 APRIL 28, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until May 25, 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 DOLLARS ($100.00) 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 � day of / q Mql g 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA / Hugh Fisher, irperson Copies furnished to: CERTIFIED MAIL 7014 0150 0001 4535 2909 Haydee Rubio 298 San Gabriel Street Winter Springs, Florida 32708 City of Winter Springs, Case File #2015CE000424 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 2015. / r Sean B6udet, Board Secretary U SPS. corn(g) - U SPS Tracking TM English s o a ice USPS Mobile USPS TrackingTIVI Ira(, ,-IIIk.liii Ire g Il Unill Ir 70140150000145352909 ii� i� o d ct & Postal Product: Features: Certified Mai ITM May 9, 2015, 10:01 am Delivered WINTER SPRINGS, FL 32708 Your itern was delllivered at 1('Y:01 am on IM ay t , 2015 in III . -r1:: .R W:° is :.IRIII GS, II:::III... 1, '127()x; May 8, 2015, 12:55 pm Notice Left (No Authorized WINTER Contact Us Recipient Available) SPRINGS, FL 32708 May 8, 2015, 1:42 am Departed USPS Facility MID FLORIDA, FL 32799 May 8, 2015, 12:54 am Arrived at USPS Facility MID FLORIDA, FL 32799 May 7, 2015, 12:20 am Departed USPS Facility ORLANDO, FL 32862 May 7, 2015, 12:07 am Arrived at USPS Facility ORLANDO, FL 32862 iii o lt [„' ����� iir Pa6kage Tracking (or receipt) number Firaclk It HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAQs 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 F7 CUstairneir Service � Have questions? We're here to help. „ III , � Ir -ac kill in Updates e4l, Sign up for My USPS. Avaiid4ble Actiaris Mairiage it i u Ilr Track all your packages from a dashboard. No tracking numbers necessary. S iii g Irl LJIjp f Ir- 11V1Y USIPS LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data https://tool s.usps.com/go/TrackConf i rmActi on.acti on?. Ref =f ul I page& tL c =1 & text28777 =... 7/16/2015 n LIC June 16, 2015 RUBIO HAYDEE F , , , 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 Jd`NTER o S� z U U) ti. Code Officer Terri Guerra, has re- inspected the property at 298 SAN GABRIEL ST WINTER SPRINGS, FL 32708 on June 2, 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: April 28, 2015. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 304.2 Protective Treatment Paint the exterior of the entire unit to bring the property into compliance. IPMC 304.2 Protective Treatment Paint the exterior of the entire unit to bring the property into compliance. Rik h�d n SIGNATURE 1, DATIE Code Officer Terri Guerra LWU4 4 LA 6-- Iq - /5 STAMP: SIGNMrURE OF NOTARY DATE F (407) MANDY L MINNETTO MY COMMISSION #FF106727 , 201 S f� EXPIRES MaY 398 -0153 3 Floridallotaryservice.com C.A.L.E.A and State of Florida Accredited Agency 4t%NT$1, 04 � a � • HCOO wE.SµJ CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE000424 PETITIONER, vs. RESPONDENT PARCEL OWNER: RUBIO, HAYDEE F 298 SAN GABRIEL ST WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on July 28, 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: April 28, 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: 298 SAN GABRIEL ST WINTER SPRINGS, FL 32708 Property Owner Name: RUBIO HAYDEE F Property Owner Address: 298 SAN GABRIEL ST WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 304.2 Protective Treatment I Paint the exterior of the entire unit to bring the property into compliance. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to 500.00 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 5/29/2015 , posted on the property, and at a government office as per Florida State Statute 162. The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.3 -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 decay resistant woods, 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. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. I Certified Number: 7014 0150 0001 6256 0387 010 Capt. C. Deisler U.S. Postal Service-r. CERTIFIED RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) M o " fU Postage $ -D Certified Fee '7 `? ". O C3 Return Receipt Fee (Endorsement Required) a � - r "Postmark r...,, Here ; •;a M Restricted Delivery Fee (Endorsement Required) 1 ''� O U-), r-i Total Postage & Fees $ i 1 j C" t C) CI 1� n T I MVP ----- --------------------------------------- Street, Apt. No.:I or PO Box No. L�Y A!'J C, - --- - -- � tale - ---------------- I-. z LU LM No %o LL. M W -c 471 N r- CO m M —D Lr) rLi �n r-q M 0 M m Ln r-q 0 -I- r-q 0 r— n pb w C.) <1 A to Is.. 0 UI ell Lo X, CT- 1• wiz �r CJ O V) CO cc) 0' Z R r4 (D itt N BOVISOdsn 01 0 CO Ln E 0 U, 0 )so cl oil u wI Ow Ir I-. z LU LM No %o LL. M W -c 471 N r- CO m M —D Lr) rLi �n r-q M 0 M m Ln r-q 0 -I- r-q 0 r— n pb w C.) <1 A to Is.. 0 UI ell Lo X, CT- 1• wiz �r CJ O V) CO cc) 0' Z R r4 (D itt N �Valy Rlkga WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION mn "ig54 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 HEARING 298 SAN GABRIEL ST WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE000424 Posted on the following date: June 2, 2015 The undersigned swears and affirms that the property has been posted: % 0 u SIGNATURE '`'pyP OFC. TERRI GUERRA MANDY L MINNETTO , =_� e,': MY COMMISSION #FF106727 '••'�`oip��,°,:,` EXPIRES May 11, 2018 (407)•398 -0153 Florida NotaryService.com �;A -7 -9 - 1,S-' STAMP: NOTARY SIGNATURE DATE