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2016 04 26 Public Hearing 601 - Non-Compliance - 311 South Edgemon Avenue
CODE ENFORCEMENT BOARD AGENDA Informational ITEM 601 Consent Public Hearings X Regular April Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. tt4TE4 n4 s t a, Z U CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE001199 PETITIONER, vs. RESPONDENT PARCEL OWNER: ROBERTS, SCOTT W 311 S EDGEMON AVE WINTER SPRINGS, FL 32708 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: August 25,2015. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation: 311 S EDGEMON AVE WINTER SPRINGS, FL 32708 Property Owner Name: ROBERTS SCOTT W Property Owner Address: 311 S EDGEMON AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13-2(a) Unsightly Matter WS 13-2(b)Junk&Debris WS 6-195 Maintenance of Fence If the Code Enforcement Board finds your property in violation of the above referenced City Code(s)you can be fined up to$500. 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 4/4/16, 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: Winter Springs City It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any Ordinance.13-2-(a)- paper,bottles or pieces thereof,tin cans,garbage,glassware, refuse,debris or any other offensive, unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley, playground, vacant property or any other public grounds, or in or on the bank of any canal,stream, lake,watercourse or pool within the city. 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 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. Certified Mail: 7011 0470 0003 6316 4692 SIGNATURE U.S. Postal Service,. CERTIFIED MAILTM RECEIPT rl l (Domestic Mail Only;No Insurance Coverage Provided) `3 For delivery information visit our website at www.usps.com® rR m Postage $ Certified Fee rn Postmark Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) lti @ • Total Postage&Fees $ Sent To�� 1-9 r \!1 p Street,Apt.No.3 H H ! v (��i+ t\.4, awl \ 6 � or PO Box No. \l t �l W POIINITV(t_ Set) "i 57-43 PS Form 3800,Au•ust 2006 See Reverse for Instructions 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: 70110470000363164692 Product & Tracking InformationAvailable Actions Postal Product:Features: Text Updates Certified Mail > Email Updates DATE & TIMESTATUS OF ITEMLOCATION WINTER April 11, 2016 , 1:54 pm Delivered SPRINGS, FL 32708 Your item was delivered at 1:54 pm on April 11, 2016 in WINTER SPRINGS, FL 32708. Notice Left (No Authorized WINTER April 9, 2016 , 11:29 am Recipient Available) SPRINGS, FL 32708 April 9, 2016 , 1:27 am Arrived at USPS Facility MID FLORIDA, FL 32799 April 7, 2016 , 9:06 pm Departed USPS Facility ORLANDO, FL 32862 April 7, 2016 , 7:39 pm Arrived at USPS Facility ORLANDO, FL 32862 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 › HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact UsAbout USPS HomeBusiness Customer GatewayPrivacy Policy Site IndexNewsroomPostal InspectorsTerms of Use FAQsUSPS Service UpdatesInspector GeneralFOIA Forms & PublicationsPostal ExplorerNo FEAR Act EEO Data Government ServicesNational Postal Museum CareersResources for Developers Copyright © 2016 USPS. All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=...4/11/2016 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 25,2015 PAGE 6 OF 11 Photographs were shown from"WS-1"with further comments. Corporal Flannigan continued, "I recommend that the property owner be given until September 14th, 2015 to correct the Violation if not a Fine of a hundred dollars ($100.00) per day be imposed." Brief discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 14TH, 2015 TO CORRECT THE — VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE #2015CE001199 Scott W. Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 City Ord. 13-2. (a) Unsightly Matter City Ord. 13-2. (b)Junk And Debris Date Of Service: July 26,2015 Inspector: Corporal Jim Flannigan This Case began with Corporal Flannigan submitting into Evidence, "`WS-1'would be the PowerPoint presentation, `WS-2' is the copy of Certified Receipt of delivery of Notice of Code Violation signed on June 11th, 2015 by Scott Roberts, `WS-3' is a copy of the Certified Mailed letter returned Unclaimed, `WS-4' is the Affidavit of Posting of Code Board Notice at the property and City posted on July 28th, 2015." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 25,2015 PAGE 7 OF 11 Corporal Flannigan continued, "On May 3rd, 2015, I observed several Violations at this location. These included overgrowth of trees and bushes, obstructing of sidewalk, fences falling, a disabled vehicle, outdoor storage of debris. A VCO (Violation of City Ordinance)warning was posted on the property listing the Violations. On May 31St, 2015, I checked the property and still observed Violations — not as many, but they were still there. I Certified Mailed a Notice of Code Violation which was signed for on June 11th, 2015 by Scott Roberts. On July 26th, I observed that the sidewalk was cleared and some repairs were made to the fence. There was still debris being stored outside in front and on the side of house. Notice of Code Board was Certified Mailed on July 28th, 2015 and — returned Unclaimed. On July 28th, 2015, I posted Notice of Code Board on this property and City Hall." Photographs were shown from "WS-1"with further comments. In conclusion, Corporal Flannigan stated, "Just recommending that the property owner be given until September 14th, 2015 to correct the Violation or a Fine of two hundred dollars ($200.00)per day be imposed." Further comments followed on the fence. Corporal Flannigan mentioned, "I've had no contact with Mr. Roberts at all." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 14TH [2015] TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DAY, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE MOTION CARRIED. 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: 70110470000363164692 Product & Tracking InformationAvailable Actions Postal Product:Features: Text Updates Certified Mail > Email Updates DATE & TIMESTATUS OF ITEMLOCATION WINTER April 11, 2016 , 1:54 pm Delivered SPRINGS, FL 32708 Your item was delivered at 1:54 pm on April 11, 2016 in WINTER SPRINGS, FL 32708. Notice Left (No Authorized WINTER April 9, 2016 , 11:29 am Recipient Available) SPRINGS, FL 32708 April 9, 2016 , 1:27 am Arrived at USPS Facility MID FLORIDA, FL 32799 April 7, 2016 , 9:06 pm Departed USPS Facility ORLANDO, FL 32862 April 7, 2016 , 7:39 pm Arrived at USPS Facility ORLANDO, FL 32862 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 › HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact UsAbout USPS HomeBusiness Customer GatewayPrivacy Policy Site IndexNewsroomPostal InspectorsTerms of Use FAQsUSPS Service UpdatesInspector GeneralFOIA Forms & PublicationsPostal ExplorerNo FEAR Act EEO Data Government ServicesNational Postal Museum CareersResources for Developers Copyright © 2016 USPS. All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=...4/11/2016 Youtube USPS.com® USPS TrackingPage of >>>> Twitter Search or Enter a Tracking Number https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=...4/11/2016