The URL can be used to link to this page

Home My WebLink About2015 10 27 Public Hearing 603 - Non-Compliance Cases - 707 Sybilwood CircleCODE ENFORCEMENT BOARD AGENDA ITEM 603 REQUEST: October Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. S '- UMS-9 i U, 0 • �O4 wETRV THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. Jaimi and Gregory Putzke 707 Sybilwood Circle Winter Springs, Florida 32708 Parcel Id: 07- 21- 31 -5FB- 0000 -0310 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 winterspringsfLorg CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2015CE001188 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 July 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 Section(s) 13 -2(b) Junk and debris, 13 -2 (c) Unsanitary/overgrown, 13 -2 (e) Stagnant pool, IPMC 304.2 Protective treatment., and IPMC 303.2 Enclosures. 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) 13 -2(b) Junk and debris, 13 -2 (c) Unsanitary/overgrown, 13 -2 (e) Stagnant pool, IPMC 304.2 Protective treatment., and IPMC 303.2 Enclosures.; 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 #2015CEOOI 188 JULY 28, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until August 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 TWO HUNDRED DOLLARS ($200.00) 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 '-k day of August, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA �� w. _i.,- M�� 111, I-Lai—tperson- Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5828 0702 Jaimi and Gregory Putzke 707 Sybilwood Circle Winter Springs, Florida 32708 City of Winter Springs, Case File #2015CE001188 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 yLV\day of August, 2015. An Della Donna, Board Secretary �p1�NTER � SA O 'p � � Z U (n t CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE001188 PETITIONER, vs. RESPONDENT PARCEL OWNER: PUTZKE JAIMI M & GREGORY 707 SYBILWOOD CIR WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on October 27, 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: July 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: 707 SYBILWOOD CIR WINTER SPRINGS, FL 32708 Property Owner Name: PUTZKE JAIMI M & GREGORY Property Owner Address: 707 SYBILWOOD CIR WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 303.2 Enclosures Repair screen enclosure for pool. Rip near the door. IPMC 304.2 Protective Treatment Paint to peeling from all around the residence exposing foundation. WS 13 -2(b) Junk & Debris Several items in front of the garage need to be removed old tiles and buckets. Also towel and debris in front of the front sidewalk to the residence. WS 13 -2(c) Unsanitary / Overgrown Cut and maintain grass and weeds. Clean up all dead branches on the property. Cut back bushes growing over roof. WS 13 -2(e) Stagnant Pool Clean and maintain pool. 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 10/1/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 0528 , 7014 0150 0001 6256 0325, 7014 0150 0001 6336 1099, 70140150000162562350 The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.303 -2 - Enclosures Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self - closing and self - latching. Where the self - latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self- closing and selflatching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. IPMC.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 decayresistantwoods, 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. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 13-2-(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. 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 (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to Ordinance. 13-2-(e) - reasonably regulate and effectively control excessive growths and accumulations, as enumerated in subsection (c), and /or dead, damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right -of -way between the property and the street. It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant foul water thereon, or be in such other condition as to be susceptible to producing disease or danger to the citizens of the city. SI ATURE OFC TERRI GUERRA WINTER SPRINGS POLICE DEPARTMENT I 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 October 20, 2015 PUTZKE JAIMI M & GREGORY , , , J'��NTER � SA Z OFC TERRI GUERRA, has re- inspected the property at 707 SYBILWOOD CIR WINTER SPRINGS, FL 32708 on October 1, 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: September 22, 2015. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 303.2 Enclosures Repair screen enclosure for pool. Rip near the door. IPMC 304.2 Protective Treatment Paint to peeling from all around the residence exposing foundation. WS 13 -2(b) Junk & Debris Several items in front of the garage need to be removed old tiles and buckets. Also towel and debris in front of the front sidewalk to the residence. WS 13 -2(c) Unsanitary / Overgrown Cut and maintain grass and weeds. Clean up all dead branches on the property. Cut back bushes growing over roof. WS 13 -2(e) Stagnant Pool Clean and maintain pool. fv. •, � +� C SIGNA,fURE DA OFC TERRI GUERRA A L_� C" a, < �/ Gu STAMP: SIGNATURE O NOTARY DATE C.A.L.E.A and State of Florida Accredited Agency VWWIO A. Nddlck NOTARY PUBLIC STATE OF FLORIDA CMMW FF8018= Expires 7/21/2019 USPS.com® - USPS Tracking® Page 1 of 2 English Customer Service USPS Mobile OTHER USPS SITES Register l Sign In About USPS Home aUSPS.COM` Site Index Newsroom USPS Tracking® FAOs ED Customer Service > Have questions? We're here to help. Tracking Number: 70140150000162562350 Product & Tracking Information Postal Product: Features: Certified Mail DATE & TIME STATUS OF ITEM LOCATION October 5, 2015, 5:27 pm Notice Left (No Authorized WINTER Recipient Available) SPRINGS, FL 32708 We attempted to deliver your item at 5:27 pm on October 5, 2015 in WINTER SPRINGS, FL 32708 and a notice was left because an authorized recipient was not available. You may arrange redelivery by visiting http: / /www.usps.com /redelivery or calling 800 - ASK -USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed by November 4, 2015 then it will be returned to sender. October 5, 2015, 7:02 am October 4, 2015 , 1:10 am October 2, 2015, 9:23 pm October 2, 2015, 7:57 pm Track Another F Tracking (or receipt) number Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Facility 'ackage MID FLORIDA, FL 32799 MID FLORIDA, FL 32799 ORLANDO, FL 32862 ORLANDO, FL 32862 Track It HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAOs USPS Service Updates Inspector General Forms & Publications Postal Explorer Government Services National Postal Museum Careers Resources for Developers Copyright C 2015 USPS. All Rights Reserved. Get Easy Tracking Updates > Sign up for My USPS. Available Actions Text Updates Email Updates Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS > fo�* LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data https: // tools. usps. com/ go /TrackConfirmAction ?gtc_tLabelsl =7014 0150 000162562350 10/21/2015