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HomeMy WebLinkAbout2016 02 23 Public Hearing 600 - Non-Compliance Cases - 140 North Third StreetCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: February 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 - OCTOBER 27, 2015 PAGE 5 OF 19 "I WILL MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND PENALTY SET FORTH IN THIS COURT ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER, BUT REDUCED FROM FIFTY DOLLARS ($50.00) AT FORTY -FIVE (45) DAYS TO A STANDARD FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00)." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AVE CHAIRPERSON ROERO: AYE VICE- CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. Brief comments. PUBLIC HEARINGS AGENDA NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2015CE002275 Robert Lucero And April Rehfuss 140 North Third Street Winter Springs, Florida 32708 City Ord. 20-411 (b) Boats And Trailers Date Of Service: October 8, 2015 Inspector: Corporal Jim Flannigan Before beginning his testimony, Corporal Jim Flannigan, Code Enforcement Division, Police Department submitted into evidence, "'WS-l' is the PowerPoint presentation, 'WS-2' is the returned Certified ail for Notice of Code Violation, 'WS-3' is the Affidavit of posting Notice of Code Violation, and 'WS-4' is the Affidavit of posting a Code Board Notice at property and City Hall." Corporal Flannigan continued, "On August 10, 2015,1 observed a boat and trailer being stored in front of the house next to the driveway. A Notice of Code Violation warning was posted on the property at that time. When I went back on August 19th , 2015 to re- inspect, the Violation was rechecked and found it had not been corrected. I Certified mailed a Notice of Code Violation and posted the property with a copy of that Violation. The Certified mail was returned Unclaimed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 6 OF 19 On October 3rd, 2015, I rechecked the property and found the Violation had not been corrected. I Certified mailed a Notice of Code Board Notice to the property. On October St', 2015, I posted the property with Notice of Code — Board and posted the Notice at City Hall, as well. I've had no communication from anyone at this location." Photographs were shown from "WS -1" with further comments. Corporal Flannigan concluded, "I'm recommending the owner be given until November 1&, 2015 to correct the Violation, if not, a Fine of a hundred dollars ($100.00) a day be issued." Vice - Chairperson Criswell asked if the gravel was a parking pad. Corporal Flannigan confirmed, "Yes." Mr. Robert Lucero, 140 North Third Street, Winter Springs, Florida: stated, "I've been on community control, so — I haven't been able to take the boat anywhere. But I'm off now, so, I can have the boat removed in the next couple of days. It won't be a problem." Mr. Lucero indicated he was not permitted to leave his home except for work, school, and church. Brief discussion followed on why Mr. Lucero did not have someone else move the boat. Note: The Respondent was present. "I MOVE TO FIND THAT THE RESPONDENT IS IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL NOVEMBER 10TH TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THAT DATE A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE- CHAIRPERSON CRISWELL: AYE MOTION CARRIED. USPS.com® - USPS Tracking® Page 1 of 2 English Customer Service USPS Mobile Register I Sign In auspscom, Customer Service > USPS Tracking® Ea Have questions? We're here to help. Tracking Number: 70140150000162561698 Product & Tracking Information Postal Product: Features: Certified Me 1T1 DATE & TIME STATUS OF ITEM LOCATION February 14, 2016 , 4:11 am Departed USPS Facility FORT MYERS, FL 33913 Your item departed our USPS facility in FORT MYERS, FL 33913 on February 14, 2016 at 4:11 am. The item is currently in transit to the destination. February 13, 2016 , 8:00 pm February 9, 2016, 12:55 pm January 21, 2016, 1:11 pm January 21, 2016, 12:19 am January 19, 2016, 9:05 pm January 19, 2016 , 5:01 pm Arrived at USPS Facility Unclaimed /Max Hold Time Expired Notice Left (No Authorized Recipient Available) Arrived at USPS Facility Departed USPS Facility Arrived at USPS Facility FORT MYERS, FL 33913 WINTER SPRINGS, FL 32708 WINTER SPRINGS, FL 32708 MID FLORIDA, FL 32799 ORLANDO, FL 32862 ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number .70140150000162561698 Tracklt Get Easy Tracking Updates !;ko > 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. 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I9S9 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE002275 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: LUCERO ROBERT W & REHFUSS APRIL M 140 3RD ST WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on February 23, 2016 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: October 27 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: 140 N 3RD ST WINTER SPRINGS, FL 32708 Property Owner Name: LUCERO ROBERT W & REHFUSS APRIL M Property Owner Address: 140 3RD ST WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 20- 411(b) Camper, Camp Trailers, Boat stored in driveway Boats and Trailers 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 1/18/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000162561698 The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Campers, camp trailers and boats and trailers may be parked temporarily in the driveway Ordinance.20-41 1 -(b) - of residential zone areas for a period of time not to exceed forty -eight (48) hours within any Campers, Camp Trailers, Boats ten (10) consecutive day time period for the limited purposes of loading, unloading and and Trailers general maintenance. For purposes of this section, "driveway" shall mean the private access area designed and approved for the parking of private vehicles. SIGNATURE Code Officer Rich McLaren 0 ;9 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION "'""ivs9 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 140N 3RD ST WINTER SPRINGS, FL 32708 W i" 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE002275 Posted on the following date: January 21, 2016 The undersigned swears and affirms that the property has been posted: SIGNATURE Code Officer Rich McLaren .Yield •, i Y P I��4 TERRI LYNN GUERRA ST ¢s� Notary Public - State Of FIW •_: My Comm. Expires Nov 16, 21 Commission • FF 116553 fJ r or v. rr National Notary A NOTA SI NAT DATE 'nnnu" 8amt CO .. r- . •, Ir a _n Lr) ru Postage $ G , 3� %Pi l e � Certified Fee % a-� ✓ p IM Return Receipt Fee (Endorsement Required) Sb Postmark "aa re .if I 1-3 Restricted Delivery Fee ^ss�ac O (Endorsement Required) �.✓ Total Postage & Fees $ (Q.15 W(wf I�� {,1%(�V�(•Q. Sent To i V_�% i M ��6 rf M Street, Apt. No or PO Box No -- --A_ -- ---- ---- s- ---- ...... City, State, ZIP +4 -- -wih�! -- - - - - --