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HomeMy WebLinkAbout2016 04 26 Public Hearing 505 - New Case - 107 Albert StreetCODE ENFORCEMENT BOARD AGENDA ITEM 505 REQUEST: April Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. • 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: Jamie 91)(c44 % �0 HoAw S A 0 rJIR C: Or4j`") I NT C51 U (E 6W Ot A. ` ❑ Agent ❑ Addressee Rec� v`e�p �W' (Ptin me) C. Date of Delivery .�1- 7lA ILL, U 3.12 /% D. Is belivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service IW* ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 014 015 0 0001 6 2 5 6 3 012 (Transfer from servJce labs, PS Form 3811, February 2004 Domestic Return, Recei 102595 -02 -M -1540 • 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: J & a I l NW 6"y SA Dr 011 (k" I N? ❑ Agent ❑ Addressee 4 R i. by (Pn�ame) C. ate of Delivery D. 14 delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type • Certified Mails ❑ Priority Mail Express'" • Registered, ❑ Return Receipt for Merchandise • Insured Mail ❑ Collect on Delivery NLy CC 0 0 0 4h1 4. Restricted, Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 014 0150 0001 6 2 5 6 4972 (Transfer from sendbe labeO PS Form 3811, July 2013 Domestic Return Receipt WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 1179 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE VIOLATION 107 ALBERT ST WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2016CE000492 Posted on the following date: March 3, 2016 The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN F NOTARY SIGNATURE DATE STAM P: MANDY L MIrSt�IETT�i MY COMMISSION #FF106727 N'q '...... .....QOr `'•••'r'oFe�q,.• EXPIRES May 11, 208 (407)"368 --01 53 Floritlallotary service .corn WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION �m•P�I9S9 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 Iftalor AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 107 ALBERT ST WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE000492 Posted on the following date: March 10, 2016 The undersigned swears and affirms that the property has been posted: ` SIGNATURE OFC RICH MCLAREN 'A� A� Y . NOTARY SIGNATURE DATE MANDY L MINNETTO MY COMMISSION #FF106727 EXPIRES May 1 1 , 2018 (407) 398 -0153 FloridallotaryService.com STAMP: m CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000492 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: BOCCIA JAMIE 16 HARBORSIDE DR E ORTLEY BEACH, NJ 08751 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on April 26, 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: 107 ALBERT ST WINTER SPRINGS, FL 32708 Property Owner Name: BOCCIA JAMIE Property Owner Address: 16 HARBORSIDE DR E ORTLEY BEACH, NJ 08751 The cited violations are as follows: WS 12 -53 Abandonment of Vehicle All vehicles on property have to be properly registered and displaying tags or have to be removed from property. 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 3/10/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000162564972 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Ordinance- (a) No person in charge or in control of any property, public or private within the city, whether 12 -53 - Abandonment of Motro an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or Vehicles Prohibited abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public right -of -way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty -eight (48) consecutive hours, vehicle being wrecked, and /or inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. (c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (d) Responsibility for compliance. The owner, agent and /or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this section. (e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this section: (1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten (10) calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, sufficiently weatherproofed to withstand normal exposure to the elements. (2) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the director of code enforcement or his /her designee. The director of code enforcement or his /her designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. (3) The property or vehicle owner(s) may appeal the director's or his /her designee's final decision to the code enforcement board for a determination as to whether the property is subject to removal. (4) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day period, the director or his /her designee shall cause such vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board to hear and adjudicate appropriate cases. (f) Vehicle on public property. Not withstanding any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that this section 12 -53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. SIGNATURE Ins ctor PO fic- March 3, 2016 BOCCIA JAMIE 16 HARBORSIDE DR E ORTLEY BEACH, NJ 08751 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 Case* 2016CE000492 Service Address: 107 ALBERT ST WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION z 0 s , 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 2016 - 00000081 OFC RICH MCLAREN 1 03/03/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016 - 00000081 WS 12 -53 Abandonment of Vehicle All vehicles on property have to be properly registered and displaying tags or have to be removed from property. 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 NC V See Above 03/08/2016 municipal Code Code Text Winter Springs City Ordinance -12- (a) No person in charge or in control of any property, public or private within the city, 53 - Abandonment of Motro whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, Vehicles Prohibited disabled or abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public right -of -way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. (b) Evidence. A vehicle will be in violation of C.A.L.E.A and State of Florida Accredited Agency Professionally, Code Officer Rich McLaren Certified Mailing Numbers: 70140150000162564972 this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty -eight (48) consecutive hours, vehicle being wrecked, and /or inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. (c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (d) Responsibility for compliance. The owner, agent and /or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this section. (e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this section: (1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten (10) calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, sufficiently weatherproofed to withstand normal exposure to the elements. (2) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the director of code enforcement or his /her designee. The director of code enforcement or his /her designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. (3) The property or vehicle owner(s) may appeal the director's or his/her designee's final decision to the code enforcement board for a determination as to whether the property is subject to removal. (4) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day period, the director or his/her designee shall cause such vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board to hear and adjudicate appropriate cases. (f) Vehicle on public property. Not withstanding any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that this section 12 -53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. Winter Springs Police Department CODE VIOLATION WARNING To: RESIDENT /PROPERTY OWNER ADDRESS: / U% kbe'r+ S+' This courtesy notice is to make you aware that the following condition is a violation of the requirements of the Code of the City of Winter Springs ❑ OBSTRUCTION OF SIDEWALK / RIGHT OF WAY: 17 -1 ❑ ACCUMULATION OF TRASH AND DEBRIS: 13 -2 Remove trash and debris from property. ❑ BOAT/RV/TRAILER STORED IN FRONT YARD: 20-411/20-431 Required to be stored behind front line of structure. ❑ INTERNATIONAL PROPERTY MAINTENANCE CODE: See description of violation below. ❑ COMMERCIAL USE OF RESIDENTIAL AREA: 20 -434 Remove commercial vehicle or equipment. ❑ FENCE IN NEED OF REPAIR: 6 -195 Repairs over $100 require permit. NOPERABLE/UNLICENSED VEHICLE: 12 -53 tl Repair, store in garage or remove from property. ❑ OVERGROWN YARD: 13 -2(c) Cut and maintain yard, remove yard waste. ❑ PARKING VIOLATION: ❑ Parking on the street is prohibited. 12 -65 ❑ Parking on front yard. Designated parking area. 20 -438 ❑ Left wheels to curb 12 -65 ❑ POOL: ❑ Stagnant Pool. 13 -2(e) ❑ OTHER: COMMENTS: _D I RV ACUM NN o PLEASE CORRECT VIOLATION ON OR BEFORE: I oO C.S ❑ HOMEOWNER MUST NOTIFY OFFICER WHEN THE VIOLATION IS CORRECTED. If you have any questions on the proper remedy for this violation, please contact the listed officer. (407) 327 -1800 Ext: '0 OFFICER: M(L" -1 DATE: Z ZZ ) b CASE NUMBER: ib(E o"C"101 Z EVENT NUMBER: Za i b 0S3 623 P5906011300 W 20160222124300076FQL FL0590601 2016JH4UA2657WC005070 -- DHSMV -- DHSMV RECORD - VIN REC #: *O1 TAG: VIN: JH4UA2657WC005070 MAKE: ACUR BODY: 4D CLASS: 000 YR MK: 98 WEIGHT: 003184 TRANSFER COLOR: BGE GVW: 000000 OWNER: TIFFANY DANNIELLE BOOKER DOB: 12/31/90 SEX: F 107 ALBERT ST COUNTY RES: 17 PREV ST: FL CASSELBERRY FL 32708 -2601 DECAL EXP: NONE MILEAGE: 0000000 DECAL /YR: /0 REG ACTIVITY: NONE VEH USE: PRIVATE TITLE: 0074931917 TITLE ISSUE: 09/14/15 REGISTRANT(S) INFORMATION REGISTRANT 1: REGISTRANT 2: SEX: DOB: DL #1- NO FL DL SEX: DOB: DL #2- NO FL DL LIEN INFORMATION: AFFORDABLE IMPORT AU TO INC LIEN DATE: 08/28/15 190 SO HWY 1792 LONGWOOD FL 32750 -0000 O1 RECORDS EXIST FOR THIS VIN. INSURANCE INFORMATION INSURANCE INFORMATION NOT ON FILE. END DHSMV RESPONSE - -END --