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HomeMy WebLinkAbout2015 08 25 Public Hearing 601 - Non-Compliance Cases - 201 North Devon AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 601 REQUEST: August 25; 2015 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 - MAY 26, 2015 PAGE 9 OF 16 VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 504. Code Enforcement Division — Police Department CASE # 2014CE002798 Louis Garcia 201 North Devon Avenue Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Date Of Service: May 12, 2015 Inspector: Terri Guerra The Case began with Inspector Guerra testifying, "On October 16th, 2014 a pile of debris and junk was seen against the rear of the house. During the follow up inspection on May 18th, 2015 there was now junk also piled in the front yard of the property. Notice of the Violation was mailed on November 12th, 2014 to Louis Garcia. The Notice was returned Unclaimed. A Notice of Violation was mailed on April 24th, 2015 to Louis Garcia. The Notice was Posted at the property on April 24th, 2015. According to the U.S. P.S. (United States Postal Service) website, there was a Notice left on May 1St, 2015. There has been no contact from the owners. Notice of the Hearing was mailed on May 12th, 2015. This Notice, according to U.S.P.S. (United States Postal Service) website was delivered on May 16th, 2015. This Notice was also Posted at the property and City Hall on May 12th, 2015." Photographs were shown from "WS -1" with further comments. Lastly, Inspector Guerra recommended the owners be given until June 23`d, 2015 to correct the Violation and if found in Non - Compliance a Fine of one hundred fifty dollars ($150.00) a day be imposed. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 10 OF 16 "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER RESPONDENT BE GIVEN UNTIL JUNE 23RD, 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 POE. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 2015CE001036 Ronald Lesage And Corey Folan 31 North Cortez Avenue Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Original Hearing: March 26, 2013 Date Of Service: April 21, 2015 Inspector: Corporal Jim Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "'WS-1, which is the presentation for this evening, 'WS-2' is the Code-Board Order that was received on March 26th, 2013, 'WS-3' is the Code Board Notice that was sent and signed for on October 28th, 2014, 'WS-4' is the Affidavit of Non - Compliance, 'WS-5' is the Notice of Posting of Code Board for the Non - Compliance, and 'WS-6' is the United States Postal Service, Code Board Notice delivery. On April 15th, 2015, I observed junk and debris being stored on the side of the house again. On March 26th, 2013 Hearing, the Code Board issued a Finding of Fact, due to the Violations being corrected at the time of the Hearing. This Notice was signed for by G. Coutant on April 24th, 2013. � Sq O .Q > Z �- • G1 U y 1 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE002798 PETITIONER, vs. RESPONDENT PARCEL OWNER: GARCIA LOUIS E 201 N DEVON AVE WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on August 25, 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: May 26, 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: 201 N DEVON AVE WINTER SPRINGS, FL 32708 Property Owner Name: GARCIA LOUIS E Property Owner Address: 201 N DEVON AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(b) Junk & Debris Junk and other debris piled against the back of the house and in the back yard. WS 13 -2(c) Unsanitary / Overgrown Grass and weeds in the back yard exceed allowable height by code. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to 150.00 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 8/10/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 1235 , , , 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. 1 3-2-(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. Winter Springs City The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance. 1 3-2-(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. 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All Rights Reserved. https:Htools.usps.com/go/TrackConfirmAction?qtc tLabd s1= 70140150000163361235 8/18/2015 U SPS. corn(R) - U SPS Tracking® Page 2 of 2 Search or Enter a Tracking Number https:Htools.usps.com/go/TrackConfirmAction?qtc tLabd s1= 70140150000163361235 8/18/2015 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 August 11, 2015 GARCIA LOUIS E , , , ,I.I�NTER 4 SA O p Lilt,to Officer Phillip Burks, has re- inspected the property at 201 N DEVON AVE WINTER SPRINGS, FL 32708 on August 11, 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: August 25, 2015. The violations listed on the City of Winter Springs Code Board Order are as follows: WS 13 -2(b) Junk & Debris Junk and other debris piled against the back of the house and in the back yard. WS 13 -2(c) Unsanitary / Overgrown Grass and weeds in the back yard exceed allowable height by code. C� !mks SIGNATURE Officer Phillip Burks 0 2 /A I_ DATE STAMP: —sZNA TuKEE6 NOT DA1 E C.A. L.E.A and State of Florida Accredited Agency TERRI LYNN GUERRA Notary Public -State of Florlds My Comm. Expires Nov 16.2010 Commission N FF 176553 Bonded through National Notary Assn. C.A. L.E.A and State of Florida Accredited Agency