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Home My WebLink About2016 06 28 Public Hearing 600 - Non-Compliance - 230 North 3rd StreetCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: June 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 - AUGUST 25, 2015 PAGE 5 OF 11 PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2015CE001136 Floris G. Johnson 819 Seneca Meadows Road Winter Springs, Florida 32708 City Ord. 13 -2. (e) Stagnant Pool Date Of Service: July 26, 2015 Inspector: Corporal Jim Flannigan This Case was not heard. PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2015CE001544 Ivonne And Obadich Rodriguez 230 North 3rd Street Winter Springs, Florida 32708 City Ord. 6 -195. — Maintenance Of Fences Or Walls. Date Of Service: July 26, 2015 Inspector: Corporal Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department, presented the Case and submitted into Evidence, "`WS- 1'which is the PowerPoint, 'WS-2' is a copy of the Certified Receipt of NCV (Notice of Code Violation) signed on July 9th, 2015 by Ivonne Rodriguez, 'WS-3' is a copy of the Certified Receipt of delivery of Code Board Hearing signed on July 30th, 2015 also by Ivonne Rodriguez, 'WS-4' is Affidavit of Posting of Code Board — Notice at the property and City Hall posted on July 28th, 2015." Continuing, Corporal Flannigan stated, "On June 9th, 2015, I received a complaint that the fence was in disrepair. I observed the Violation from the parking lot of the [Winter Springs] Senior Center. I observed several broken slats on the fence. I posted a VCO (Violation of City Ordinance) written warning on the property to correct the Violation. On June 14th, 2015, 1 observed no work had been done to correct the Violation. A Notice of Code Violation was Certified Mailed and delivered on July 9th, 2015 signed for by Ivonne Rodriguez. On July 26th, 2015, I observed the fence was still in Violation. I then sent a Notice of Code Board by Certified Mail; it was delivered and signed for on July 28th, 2015 by Ivonne Rodriguez. On August 3rd, 2015, Officer [Phillip] Burks advised me he made contact with a resident and advised me that most of the fence was repaired and wanted me to check it. I checked and found some repairs were made but was still not in Compliance per the Code. As of today, the fence is still not completely repaired." 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 281h, 2015." ��1`tTE�� o r z U 0 Incorporated \' I" \ IV COL) wE TR Jy� THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, 0A Ivonne and Obadich Rodriguez 230 North 3rd Street Winter Springs, Florida 32708 Parcel Id: 34 -20 -30 -503- 0300 -0090 Respondent, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2015CE001544 ORDER IMPOSING PENALTY ON FIRST 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 August 25, 2015 to determine whether any violations of the City of Winter Springs Code of Ordinances ( "City Code ") exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are 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. That Respondent was provided a Notice of Violation in accordance with Section 2 -59 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 6 -195. — Maintenance of Fences or Walls. exists or existed upon the Property and that Respondent was further provided a reasonable time to correct said violation(s); 3. That Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of 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, Respondent has violated the City Code, to wit: Section(s) 6 -195. — Maintenance of Fences or Walls.; 5. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s) violations) of the City of Winter Springs Code of Ordinances. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2015CE001544 JULY 28, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until September 14, 2015 to correct the violation(s) of the City Code on the Property; and 2. If Respondent fails to correct the violation(s) within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered in the amount of ONE HUNDRED DOLLARS ($100.00) per day until the violation(s) is /are corrected. Respondent shall be responsible to provide notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected 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. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this day of September, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA i Gregg Roero airperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0517 9162 Ivonne and Obadich Rodriguez 230 North 3rd Street Winter Springs, Florida 32708 City of Winter Springs, Case File #2015CE001544 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent(s) and /or Respondent's authorized representative on this = day of September, 2015. Antonia Della Donna, board Secretary CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE001544 PETITIONER, vs. RESPONDENT PARCEL OWNER: RODRIGUEZ, IVONNE & OBADICH 230 N 3RD ST WINTER SPRINGS, FL 32708 NOTICE OF NON - COMPLIANCE HEARING Please take notice that at 5:30 P.M. on June 28, 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: 230 N 3RD ST WINTER SPRINGS, FL 32708 Property Owner Name: RODRIGUEZ, IVONNE & OBADICH Property Owner Address: 230 N. 3RD ST WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 6 -195 Maintenance of Fence Fence slats missing or broken and require repair. Permits are required for work exceeding $100.00. 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 5/25/2016, 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: 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 Number: 7014 0150 0001 6336 1570x Capt. C. Deisler WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION •n�1959 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 230 N 3RD ST WINTER SPRINGS, FL 32708 N 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2015CE001544 Posted on the following date: June 8, 2016 The undersigned swears and affirms that the property has been posted: Code Officer Rich McLaren t`�'RV''o " "'.�•,, fA TERRI LYNN GUERRA Notary Public - Stab of Florida • y Comm. Expires Nov 16, 2015 Commission I FF 176559 Bonded ft ugh Natlagl Notary Alm. STAMP: NOTA Y SIG E AT