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Home My WebLink About2016 06 28 Public Hearing 400 - Repeat Case - 712 Highgate DriveCODE ENFORCEMENT BOARD ITEM 400 June Regular Meeting REQUEST: AGENDA Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. P01�"L'C� CASE #: 2016CE001445 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE ,{.INTER S� z ti This is notification that the property located at 712 HIGHGATE DR WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance. The Code Inspector observed the following: Violation Description Violation Comments WS 13 -2(c) Unsanitary /Overgrown Grass is overgrown and needs to be cut The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. DAY SAVANNAH B 712 HIGHGATE DR WINTER SPRINGS, FL 32708 The City of Winter Springs remedied this violation on June 14, 2016 . The fees associated with the corrective actions are estimated at $ 70 per violation. If the invoice for such fees is not paid within fifteen (15) days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen (15) days of this notification date in writing to the code enforcement manager. The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 70140150000162564262, , , Municipal Code Code Text 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. C.A.L.E.A and State of Florida Accredited Agency SIGNATURE OFC RICH MCLAREN C.A.L.E.A and State of Florida Accredited Agency nu A nu ru Postage $ 0 Certified Fee E3 Return Receipt Fee C3 (Endorsement Required) O Restricted Delivery Fee C3 (Endorsement Required) Total Posta e &Fees WIJAAVII % ostmark �`Here Gr i E3 ccr 6#wq,4, Sent To ---------------- MOA 11-3 Street, Apt No. or PO Box No. ........... _31Z ------ ff fs' � Ak� ------------- ... ..... City, State, Z--I-P-+- 4 WiJ'r 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 712 HIGHGATE DR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE001445 Posted on the following date: May 31, 2016 VNTER S.1� i ti W The undersigned swears and affirms that the property has been posted: TARY SIGNATURE �Oz-- SIGNATURE OFC RICH MCLAREN 5--31-16 DATE =o`PaYP °a� MANDY L MINNETTO MY COMMISSION #FF106727 EXPIRES May 1 1 , 2018 (407) 398 -0153 FloridallotaryService.com STAMP: P01�"L'C� CASE #: 2016CE001445 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE ,{.INTER S� z ti This is notification that the property located at 712 HIGHGATE DR WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance. The Code Inspector observed the following: Violation Description Violation Comments WS 13 -2(c) Unsanitary /Overgrown Grass is overgrown and needs to be cut The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. DAY SAVANNAH B 712 HIGHGATE DR WINTER SPRINGS, FL 32708 The City of Winter Springs remedied this violation on June 14, 2016 . The fees associated with the corrective actions are estimated at $ 70 per violation. If the invoice for such fees is not paid within fifteen (15) days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen (15) days of this notification date in writing to the code enforcement manager. The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 70140150000162564262, , , Municipal Code Code Text 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. C.A.L.E.A and State of Florida Accredited Agency SIGNATURE OFC RICH MCLAREN C.A.L.E.A and State of Florida Accredited Agency nu A nu ru Postage $ 0 Certified Fee E3 Return Receipt Fee C3 (Endorsement Required) O Restricted Delivery Fee C3 (Endorsement Required) Total Posta e &Fees WIJAAVII % ostmark �`Here Gr i E3 ccr 6#wq,4, Sent To ---------------- MOA 11-3 Street, Apt No. or PO Box No. ........... _31Z ------ ff fs' � Ak� ------------- ... ..... City, State, Z--I-P-+- 4 WiJ'r 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 712 HIGHGATE DR WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE001445 Posted on the following date: May 31, 2016 VNTER S.1� i ti W The undersigned swears and affirms that the property has been posted: TARY SIGNATURE �Oz-- SIGNATURE OFC RICH MCLAREN 5--31-16 DATE =o`PaYP °a� MANDY L MINNETTO MY COMMISSION #FF106727 EXPIRES May 1 1 , 2018 (407) 398 -0153 FloridallotaryService.com STAMP: � SA O 'f1 � z u u, ti CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001445 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: DAY SAVANNAH B 712 HIGHGATE DR WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 28, 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: 712 HIGHGATE DR WINTER SPRINGS, FL 32708 Property Owner Name: DAY SAVANNAH B Property Owner Address: 712 HIGHGATE DR WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(c) Unsanitary / Overgrown Grass is overgrown and needs to be cut 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 5/31/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000162564262 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: 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 � SA O 'f1 � z u u, ti CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001445 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: DAY SAVANNAH B 712 HIGHGATE DR WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 28, 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: 712 HIGHGATE DR WINTER SPRINGS, FL 32708 Property Owner Name: DAY SAVANNAH B Property Owner Address: 712 HIGHGATE DR WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(c) Unsanitary / Overgrown Grass is overgrown and needs to be cut 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 5/31/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000162564262 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: 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. SIGNATURE Code Officer Rich McLaren ��!lII�!!{II!I!!I Il41!II!!�lilf!1lI�I!!I MAk!"T"ANNE NORSEY -`.30INOLE COUNTY COURT & COMFlIZOLLER %STE _EK OF C IRCU11 BK 86"4 P9s 1861-186.31 (W.qs) 0 CLERK'S 4 2016048219 CITY OF WINTER SPRINGS, FLORMADED 05/101/201W OR 'HG FEES $2?.H8 U rPomd 1126 EAST STATE ROAD 434 I'kECORDED BY hde,,,or Inw e • 59 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE:(407)327-1800 moo WF FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfi.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE000778 A Florida municipal corporation, Complainant, V. Savannah B.Day Owner of the Property located at: 712 Highgate Drive Winter Springs,Florida 32708 Parcel: 28-20-30-5DL-0000-0600 Respondent, ORDER IMPOSING PENALTY ON REPEAT VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on April 26, 2016 to determine whether the above-referenced Property is currently in compliance with the City of Winter Springs Code of Ordinances ("City Code"), and whether an order imposing penalty on repeat violation should be entered against Respondent. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the records and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-59 of the City Code, consistent with sections 162.06 and 162.12, Florida Statutes. 2. That a repeat violation of Section(s) 13-2.(c) Overgrown Yard of the City Code, existed upon the Property from March 17, 2016 through April 21, 2016. 3. That Respondent either failed or refused to correct such repeat violation during the aforementioned timeframe, and, that the City was not required to give Respondent a reasonable time to CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE#2016CE000778 APRIL 26,2016 PAGE 2 OF 3 correct the repeat violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing. 4. That based on the testimony and evidence presented at the hearing of April 26, 2016, Respondent was found in repeat violation of the City Code, to wit: Section(s) 13-2.(c) Overgrown Yard, and the Respondent was found in Compliance at the time of the Hearing. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. That based on the evidence and testimony presented at the hearing of April 26, 2016, the Respondent is found to be in Repeat Violation and a fine in the amount of THREE THOUSAND AND FIVE HUNDRED DOLLARS ($3,500.00) shall immediately be imposed for the time period of March 17, 2016 to April 21, 2016; and shall include all costs associated with enforcement of the violation. 2. That the Clerk of the Code Enforcement Board is directed to record a certified copy of this Order in the public records for Seminole County, Florida, which, pursuant to section 162.09(3), Florida Statutes, shall serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. That any and all future recurrence(s) of any violation(s) addressed herein shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s), shall impose a fine not to exceed Five-Hundred Dollars ($500.00) per day for each repeat violation,beginning on the first day the repeat violation(s) is/are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent to enforce this Order on Respondent's property, in accordance with Section 162.09(3), Florida Statutes, and City Code. (Execution Page Follows) CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE#2016CE000778 APRIL 26,2016 PAGE 3 OF 3 DONE AND ORDERED at Winter Springs, Florida, this 5 day of May, 2016, nunc pro tunc to April 26, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA A- J4 4 9:e—� Zi'egjRq&WChairperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4265 Savannah B. Day,Respondent 712 Highgate Drive Winter Springs,Florida 32708, Case File#2016CE000778 I hereby certify that a true and correct copy of the above and foregoing Order,Imposing Penalty on Repeat Violation has been furnished by certified mail to the Respondent (s)'� pd%or Respondent's authorized representative on this day of May, 2016. =ry Antonia Della Donn" retary