Loading...
HomeMy WebLinkAbout2015 10 27 Public Hearing 502 - New Cases - 705 Briarwood DriveCODE ENFORCEMENT BOARD AGENDA ITEM 502 REQUEST: October Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. 'ONTER 0 Sp a Z W F 10. . CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE002732 PETITIONER, vs. RESPONDENT PARCEL OWNER: BAUBLITZ THOMAS F & CARA M 705 BRIARWOOD DR WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on October 27, 2015 the Code Enforcement Board will hold a hearing to determine why you should not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 705 BRIARWOOD DR WINTER SPRINGS, FL 32708 Property Owner Name: BAUBLITZ THOMAS F & CARA M Property Owner Address: 705 BRIARWOOD DR WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 6 -195 Maintenance of Fence Fix Fence Panel on Left side of Residence reference to previous finding of fact by Code Board on 7/22/2014 Case Number 2014CE001122 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 9/15/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6256 2213 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: 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. SI ATURE Inspector USPS.com® - USPS Tracking® English Customer Service USPS Mobile USPS Tracking® Tracking Number: 70140150000162562213 Page 1 of 2 Register/ Sign In OUSPSCom, EDCustomer Service > Have questions? We're here to help. Get Easy Tracking Updates > 71— Sign up for My USPS. Your item was returned to the sender on October 9, 2015 at 12:35 pm in WINTER SPRINGS, FL 32719 because it was not claimed by the addressee once the item reached its maximum hold time at the post office. Product & Tracking Information Available Actions Postal Product: Features: Certified Mail' Text Updates DATE & TIME STATUS OF ITEM LOCATION Email Updates October 9, 2015, 12:35 pm Unclaimed /Max Hold Time WINTER Expired SPRINGS, FL 32719 Your item was returned to the sender on October 9, 2015 at 12:35 pm in WINTER SPRINGS, FL 32719 because it was not claimed by the addressee once the item reached its maximum hold time at the post office. September 18, 2015 , 12:28 pm September 18, 2015, 7:10 am September 17, 2015 , 9:41 pm September 16, 2015, 9:34 pm September 16, 2015 , 8:18 pm Notice Left (No Authorized Recipient Available) Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Facility Track Another Package Tracking (or receipt) number WINTER SPRINGS, FL 32708 MID FLORIDA, FL 32799 MID FLORIDA, FL 32799 ORLANDO, FL 32862 ORLANDO, FL 32862 Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Track It Sign up for My LISPS > �ko https: // tools. usps. com/ go/ TrackConfirmAction ?gtc_tLabelsl =7014 0150 0001 6256 2213 10/21/2015 `o 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 705 BRIARWOOD DR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE002732 Posted on the following date: September 15, 2015 �11�NTER O SqA i "%114' The undersigned swears and affirms that the property has been posted: t SIGNATU OFC TERRI GUERRA STAM P: NOTARY SIGNATURE DATE VWwis A. R clk* NOTARY PUBLIC STATE OF FLORIDA Cort" FF901822 Expires 7/2112019 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 22, 2014 PAGE 4 OF 11 ❖ ❖ AGENDA NOTE: THE FOLLOWING "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ PUBLIC INPUT Chairperson Fisher opened "Public Input ". No one addressed the Code Enforcement Board. Chairperson Fisher closed "Public Input ". PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE # 2014CE001122 Thomas And Cara Baublitz 705 Briarwood Drive Winter Springs, Florida 32708 Sec. 13 -2. Overgrown Grass. Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: July 7, 2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and testified, "On May 7t`, 2014, I observed a fence on the left side of the house, as seen from Wildwood Drive, was broken. The grass is consistently overgrown and it was part of the original Violation. The owners have routinely corrected, only after the property is Posted with the Notice of Intent to remedy it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 22, 2014 PAGE 5 OF 11 Inspector Flannigan submitted into Evidence, "'WS-l', the CD (Compact Disc) for the presentations tonight; 'WS-2' is the Affidavit of Posting for the Notice of Code Violation; 'WS-3' is the United States Postal Service printout for the Notice of Code Violation; 'WS-4' is the Affidavit of Posting for the Code Board. 'WS-5' is the United States Postal Service printout for Code Board." Continuing, Inspector Flannigan noted, "The Notice of Violation was mailed to the owner on May 20th, 2014. On May 21St, 2014 the Postal Service attempted delivery. There was no authorized recipient available. The Notice was Posted on the property June 10th (2014). The only contact with the owner was to advise that she had corrected the fence. The Notice of Code Board was mailed on July 7th, 2014. The United States Postal Service website shows that on July 1 Ith, 2014 they attempted delivery and there was no available recipient. The Notice was Posted at the property and City Hall on July 8th (2014). July 21St, 2014 I received a message that the problems had been corrected. On Inspection, the issues were corrected." Photographs were shown from "WS -1 ", with further comments. Inspector Flannigan concluded by stating, "We've consistently cited them Violations for the fence and the grass being overgrown. In regards to this Case, I am recommending - since the fence has been corrected, but it's an ongoing issue — that a Finding of Fact be issued." Board Member Matthew Criswell asked if the gate or slats were missing from the fence. Inspector Flannigan replied that both were missing, but had been corrected. Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, THOMAS AND CARA BAUBLITZ, VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY, MAY BE IMPOSED." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 22, 2014 PAGE 6 OF 11 VICE - CHAIRPERSON ROERO INQUIRED, "THE FINE UP TO FIVE HUNDRED [DOLLARS] ($500.00) PER DAY — SHOULD WE MAKE IT, THE FINE, RIGHT NOW? WHAT IT WOULD BE THE FIRST TIME? OR WOULD THEY COME BEFORE THE (CODE ENFORCEMENT) BOARD TO DECIDE WHAT THE FINE WILL BET' CHAIRPERSON FISHER SAID, "IF IT IS A REPEAT VIOLATION, IT WILL BE BROUGHT BACK TO THE BOARD." ASSISTANT CITY ATTORNEY KOPP ADDED, "YOU COULD DETERMINE THE FINE AT THAT TIME, IF IT COMES BACK." DISCUSSION. VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE # 2014CE001119 RBD Acquisitions Inc. 985 Turkey Hollow Circle Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris. Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: July 7, 2014 Inspector: Christi Flannigan Inspector Flannigan presented the Case and submitted into Evidence, "'WS-l', is the CD (Compact Disc) of the presentations; 'WS-2' is the United States Postal Service printout for the Notice of Code Violation; 'WS-3' is the Notice of Code Violation envelope that was returned Unclaimed; 'WS-4' is the Affidavit of Posting for the Notice of Code Violation; 'WS-5' is the Affidavit of Posting for Code Board; 'WS-6' is the United States Postal Service printout for the Code Board Notice" Next, Inspector Flannigan remarked, "On May 9th, 2014 1 observed that the fence on the left of the house was broken and there is a large pile of debris in the backyard. Notice of Violation was mailed on May 20th, 2014. It was returned Unclaimed. The Notice was Posted at the property on June 10th (2014). There has been contact from the owner of the property. A man named Rick advised that he was the Realtor for the property and he called and left me a message that the Violations were corrected.