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Home My WebLink About2016 04 26 Public Hearing 600 - Non-Compliance - 227 Sherry Avenue CODE ENFORCEMENT BOARD AGENDA Informational ITEM 600 Consent Public Hearings X Regular April Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. „ASTER t34 � vvE CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE003406 PETITIONER, vs. RESPONDENT PARCEL OWNER: ARMANDO RIVERA& GLADYS TORRES 1908 E 99TH AVE TAMPA, FL 33613-3361 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on April 26, 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: February 23,2016. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation:227 SHERRY AVE WINTER SPRINGS, FL 32708 Property Owner Name: ARMANDO RIVERA&GLADYS TORRES Property Owner Address: 1908 E 99TH AVE TAMPA, FL 33613-3361 The cited violations are as follows: IPMC 304.7 Roofs& Drainage Make proper repairs to roof to keep elements out. Tarp is not sufficient per code. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00 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 3/24/2016 , posted on the property, and at a government office as per Florida State Statute 162. The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.3-304-7-Roofs& The roof and flashing shall be sound,tight and not have defects that admit rain. Roof Drainage drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Certified Mail: 7011 0470 0003 6316 4685 ` ` Capt. C. Deisler Cdeisler @winterspringsfl.org WINTER SPRINGS POLICE DEPARTMENT 44'`"Te , POLICE CODE ENFORCEMENT DIVISION 44:(n6..li m,wro I454 • 300 North Moss Road -Winter Springs, FL 32708 C�4 W6 Business (407) 327-1000- Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 227 SHERRY AVE WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE003406 Posted on the following date: March 24, 2016 The undersigned swears and affirms that the property has been posted: �S SIGNATURE ,...,eL: MANDY L MINNETTO CAPT CHRIS DEISLER =* to j* MY COMMISSION#FF106727 i5,.41..:03; ''.'foram' EXPIRES May 11, 2018 (307)398-0153 FloridallotwyService.com kflUttillt . ifrutau,Lelh STAMP: 'VOTARY SIGNATURE DATE USPS.com® USPS TrackingPage of >>>> English Customer ServiceUSPS MobileRegister / Sign In Customer Service › USPS Tracking Have questions? We're here to help. > Get Easy Tracking Updates › Sign up for My USPS. Tracking Number: 70110470000363164685 Product & Tracking InformationAvailable Actions Postal Product:Features: Text Updates Certified Mail > Email Updates DATE & TIMESTATUS OF ITEMLOCATION April 10, 2016 , 11:42 pm Arrived at USPS Facility MID FLORIDA, FL 32799 Your item arrived at our USPS facility in MID FLORIDA, FL 32799 on April 10, 2016 at 11:42 pm. The item is currently in transit to the destination. April 10, 2016 , 8:27 pm Departed USPS Facility ORLANDO, FL 32862 April 10, 2016 , 10:34 am Arrived at USPS Facility ORLANDO, FL 32862 April 9, 2016 , 2:23 pm Departed USPS Facility FORT MYERS, FL 33913 April 8, 2016 , 10:13 pm Arrived at USPS Facility FORT MYERS, FL 33913 April 6, 2016 , 6:53 pm Moved, Left no Address TAMPA, FL 33612 March 29, 2016 , 1:51 pm Undeliverable as Addressed TAMPA, FL 33612 March 27, 2016 , 3:12 am Departed USPS Facility TAMPA, FL 33630 March 26, 2016 , 9:18 am Arrived at USPS Facility TAMPA, FL 33630 Track Another Package Manage Incoming Packages Tracking (or receipt) number Track all your packages from a dashboard. No tracking numbers necessary. Track It Sign up for My USPS › https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=...4/11/2016 CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 7 OF 20 Discussion ensued on the procedure to notify Code Enforcement Staff when corrections were completed. Mr. Nielsen requested a full month to make the corrections due to the need to arrange for additional help. Inspector McLaren stated, "I would not have a problem with granting him that time extension." Additional comments. Vice-Chairperson Criswell suggested March 18, 2016 as the corrective action date. No objections were noted. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL MARCH 18TH, TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THE DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE CHAIRPERSON ROERO: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE#2015CE003406 Armando T. Rivera And Gladys R. Torres 227 Sherry Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Inspector: Captain Chris Deisler Captain Deisler submitted into Evidence, "'WS-l', which is this PowerPoint presentation, you also have 'WS-2', which is the Notice of Code Violation proof of mailing. 'WS-3' is the Affidavit of Posting for the NCV (Notice of Code Violation) notice, 'WS-4' is my Affidavit of Posting for this Code Board Hearing tonight, 'WS-5' is the mailing proof of the Code Board Notice this evening." Captain Deisler introduced the Case and a photograph was shown from "WS-I"with further comments. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 8 OF 20 Captain Deisler continued, "The NCV (Notice of Code Violation)Notice, as I mentioned, was mailed January 5th of this year, was posted at the residence as the house is currently vacant. The NCV (Notice of Code Violation) was delivered by the United States Postal Service on January 19th of this year. The Notice of Code Board Hearing was prepared and sent Certified on January 26th of this year. As of February 22nd of this year, it appeared to be back in transit here as Unclaimed. The residence and City Hall bulletin boards were also posted on January 26th of this year." Continuing, Captain Deisler spoke on the color and coverage of the tarp on the roof, and then stated, "I've had no contact from the owners, and there are also no permits pulled in our permitting software for roofing work to be done at this location." Captain Deisler concluded, "I'm recommending the Respondent be provided until March 23rd of 2016 to come into Compliance with a Fine of one hundred dollars ($100.00) a day being requested if found in Non-Compliance with your Order." Regarding when the tarp was initially installed, Captain Deisler recalled, "I think I started this Case at the end of last year. The interesting thing is, if I remember correctly, I don't think it was owned by the same people. There was a blue tarp on the roof some months ago, back in the middle of summer, so I'm not sure how it transitioned from blue to brown, however,there has been a tarp for quite some time as far as I can recall." Note: The Respondent was not present. "I WOULD MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS TO BE GIVEN UNTIL MARCH 23RD TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY WITH THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE—CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED.