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Home My WebLink About2016 02 23 Public Hearing 505 - New Cases - 255 Arnold LaneCODE ENFORCEMENT BOARD AGENDA ITEM 505 REQUEST: February Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. -01118 WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 December 29, 2015 NIELSEN RUSSELL N 255 ARNOLD LN WINTER SPRINGS, FL 32708 Case #: 2015CE003686 Service Address: 255 ARNOLD LN WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION � �NTER Q SA O �p z UO wC iP`'�1 The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2015 - 00000397 OFC RICH MCLAREN 12/29/2015 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2015 - 00000397 IPMC 108.1.1 Unsafe Structure Fix the pole style carport in the backyard or remove from property 2015 - 00000397 IPMC 304.10 Stairways, Decks, Porches Fix and maintain dock in the rear yard and Balconies or remove from property 2015 - 00000397 WS 13 -2(b) Junk & Debris Please clear left side of residence of all junk and debris 2015 - 00000397 13- 2(b)(c) Junk/Debris & Remove all motorized equipment from Unsanitary/Overgrown the backyard and store properly 2015 - 00000397 WS 6 -195 Maintenance of Fence Fix and maintain the fence to the right side of the house Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day for first offenses or up to $500.00 for repeat offenses per day that the violation remains. Please note the latest date to have the cited violations corrected: Corrective Action Comments Due Date NCV See Above 01/29/2016 C.A.L.E.A and State of Florida Accredited Agency Municipal Code Code Text IPMC. -108 -1 - Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC.- 304 -10 - Stairways, Decks, Every exterior stairway, deck, porch and balcony, and all appurtenances attached Porches, & Balconies thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. Winter Springs City Ordinance. 13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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 Ordinance. 13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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 Ordinance. 13- The existence of excessive accumulation or untended growth of weeds, undergrowth or 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 -6- All fences and walls and accessories thereto shall be maintained in good order and in a 195 - Maintenance of Fences Or condition equal to that which was originally approved by the building official at the time a 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. Professionally, ode Officer Rich McLaren Certified Mailing Numbers: 70123050000045431555 • 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 you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: W i.k Spn ,); y (1 Mt Nc4 CE 00-140 A. Sig ture X ❑Agent ❑ Addressee B. R road by nrd Njme) C. Date of Delive D. Is d livery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 3050 0000 4543 1555 (Transfer from service label) Ps f=orm 3811, July 2013 Domestic Return Receipt MXNTE7jy CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE003686 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: NIELSEN RUSSELL N 255 ARNOLD LN WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on February 23, 2016 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: 255 ARNOLD LN WINTER SPRINGS, FL 32708 Property Owner Name: NIELSEN RUSSELL N Property Owner Address: 255 ARNOLD LN WINTER SPRINGS, FL 32708 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure Fix the pole style carport in the backyard or remove from property IPMC 304.10 Stairways, Decks, Porches and Balconies Fix and maintain dock in the rear yard or remove from property WS 13 -2(b) Junk & Debris Please clear left side of residence of all junk and debris 13- 2(b)(c) Junk/Debris & Unsanitary/Overgrown Remove all motorized equipment from the backyard and store properly WS 6 -195 Maintenance of Fence Fix and maintain the fence to the right side of the house 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 1/30/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70123050000045431555 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.1 -108 -1 - Unsafe An unsafe structure is one that is found to be dangerous to the life, health, property or safety Structure of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC.3- 304 -10 - Stairways, Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, Decks, Porches, & Balconies shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 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 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 other Ordinance. 1 3-2-(c) - 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. SIGNATURE Code Officer Rich McLaren ca spftlqs WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 1W 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 255 ARNOLD LN WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE003686 Posted on the following date: January 30, 2016 St�NTER O S� * Z r 00 wC (µ The undersigned swears and affirms that the property has been posted: NOTARY SIGNATURE 'Aoo�;�`7 SIGNATURE OFC RICH MCLAREN 2 -1 -110 DATE E MANDY L MINNETTO MY COMMISSION #FF106727 EXPIRES May 11, 2018 Florldallota SOMce.COm STAM P: • 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 you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �usseti N N►elsa"' 2SS Anna SPrlys I ft 311 A. Signature X y/� ❑ Agent r(A/ ❑ Addressee B. Received (Print Name) C. Date of Delivery V4 r _ D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. WE cE 14. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article nsfer from 7014 0150 0001 6256 1780 (Transfer from service IabelJ PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 ro (Domestic Mail Oniy, No Insurance Coverage Provided) a r Ln ru Postage $ Certified Fee rq C3 Return Receipt Fee (Endorsement Required) \ PostNark v� JJ � O C3 Restricted Delivery Fee (Endorsement Required) C% \\ % Ill r-9 C3 Total Postage & Fees $ o— � Sent To N r C3 - - - -- -- -ks�e! Street, Apt. No.; or PO Box No. 2SS ------ ltfndtN �^� City tate, ZIP +4 ---------------------------------- Win4V Sprays, (2 5200,