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Home My WebLink About2016 06 28 Public Hearing 602 - Non Compliance - 110 North Devon AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 602 REQUEST: June Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. ,t1�NTER !< SA � 2 U 4) ti CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000436 PETITIONER, vs. RESPONDENT PARCEL OWNER: RODRIGUEZ IRMA R 110 N DEVON AVE 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: April 26, 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: 110 N DEVON AVE WINTER SPRINGS, FL 32708 Property Owner Name: RODRIGUEZ IRMA R Property Owner Address: 110 N DEVON AVE The cited violations are as follows: IPMC 304.7 Roofs & Drainage WINTER SPRINGS, FL 32708 Repair roof. Obtain a permit. 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 5/26/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7012 3050 0000 4543 1449, 7014 0150 0001 6256 3173, 7014 0150 0001 6256 3500, ra The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.304 -7 - Roofs & Drainage The roof and flashing shall be sound, tight and not have defects that admit rain. Roof 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. Roofwater shall not be discharged in a manner that creates a public nuisance. SIG TURE OFC TERRI GUERRA �I r-1 Total Postage & Fees p A1 -.. . -, A n r. _ _ Sent To A---- - - - - -- - - - - -- - - p Street, Apt. No.; or PO Box No. Ciry, State, ZIP +4 r% „ cr u (Domestic Mail Only; Ln For delivery Information M visit our website at www.usps.come U-) p Postage $ C ;l Certified Fee rq C3 O Return Receipt Fee (Endorsement Required) ."r Postma j e Jj((„ C3 't Restricted Delivery Fees ; • 4+ C3 (Endorsement Required) �I r-1 Total Postage & Fees p A1 -.. . -, A n r. _ _ Sent To A---- - - - - -- - - - - -- - - p Street, Apt. No.; or PO Box No. Ciry, State, ZIP +4 r% „ cr u CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 26, 2016 PAGE 4 OF 23 Senior Attorney Jennifer Nix commented, "I know that three inches (3") from the property line has been mentioned and I saw that this was Noticed I believe, for Sections 6 -195. for Maintenance, was it also Noticed for distance from the property line? I just want to make sure that I counsel the Board, that since the property wasn't Noticed for the distance from the property line section, that the Board only considers the Maintenance of the Fence or Walls issues that are being presented by Code Enforcement." 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 MAY 26TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY — THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS — NEW CASES AGENDA ITEM "502" WAS HEARD NEXT, AS NOTED DURING AGENDA CHANGES. ❖ ❖ PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE #2016CE000436 Irma R. Rodriguez 110 North Devon Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Code Enforcement Division, Police Department introduced the Case and submitted into Evidence, "'WS- I' which is the presentation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 26, 2016 PAGE 5 OF 23 Officer Guerra testified, "On February 15th, 2016, I observed a tarp covering the entire roof NCV (Notice of Code Violation) was sent to the owner on record on February 29th, 2016. The letter was returned on February 29th, 2016. I posted a NCV (Notice of Code Violation) at the property. On the same date I received a call from the tenant advising that he would have the owner of the property call me, which she did not call. On March 20, 2016 I sent a Notice of Code Board to the owner of the property and also Posted the Notice at the property and City Hall. On April 22nd, 2016 the Notice of Code Board was Returned." Officer Guerra then referenced photographs from "WS -1" with additional comments. Officer Guerra concluded, "There has been no contact from the owner until tonight. I am recommending a Fine of one hundred dollars ($100.00) a day be imposed if the Violation is not corrected by May 17th this year." Vice - Chairperson Criswell asked, "What significance is the date of May 17th ?" Officer Guerra replied, "It's just plenty of time for the Notices to get to the owner." Ms. Irma Rivera Rodriguez, 110 North Devon Avenue, Winter Springs, Florida: addressed the roof covering and stated, "I bought it at Home Depot and it's new and I thought it was nice, so I wanted to make a different style because in Kissimmee, the houses over there, they like that. So, I wanted to buy that and that's new, there's no leak. The people that are living there now, they're happy and there's no complaints and there's no leak whatsoever, so I don't understand who put in the complaint, you understand ?" Much discussion on permitting and working without a Permit followed. Senior Attorney Nix remarked, "The Board definitely needs to look at exactly what the Notice of Violation was and I would leave it up to the Officer to go ahead and explain how this person is potentially in Violation." Officer Guerra explained, "Well, I thought it was a tarp. I'm not a roof expert. I don't know what goes underneath the roof, I'm not sure. So, it looked like something was attached down and it didn't look like there's shingles or anything covering, so that's why I went with the tarp." Senior Attorney Nix read Section 304.7 of the International Property and Maintenance Code from the Officer's Notice of Code Violation, "The roof and flashing shall be sound, tight and not have defects that admit rain. Roof 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 a good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. So that's the content of the text that you all are referring to." Further discussion on permitting ensued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 26, 2016 PAGE 6 OF 23 Ms. Rodriguez then said, "The people that are living there, they know that I'm fixing the roof and they're happy. They haven't said nothing because they don't have no leak inside the house — I put caps in lines and lines like that. It's not just the, how you call, tar, it's not just that. Also, I have the — nails, all around by line and all around. So, it's put in right." Board Member Dennis Robinson inquired, "Can we recommend that she goes to the Building Department, pull a Permit and have them come out and re- inspect it and then we take another look at it ?" Vice - Chairperson Criswell noted, "We have to find her in Violation of this or not find her in Violation of this and then we can proceed I think with that. If we were to find something in Violation today, she would not be able to get it fixed by the 17th of May. It would take too long for the permitting process, we're talking a little over three (3) weeks." Note: The Respondent was present. "I WOULD MAKE A MOTION TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 26TH TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. BRIEF COMMENTS ENSUED ON ACTIONS TO BE TAKEN BY THE RESPONDENT, TO WORK WITH CODE ENFORCEMENT STAFF, AND TO CORRECT THE VIOLATION. SPEAKING TO THE RESPONDENT, VICE - CHAIRPERSON CRISWELL ASKED, "DO YOU UNDERSTAND WHAT THAT MEANS? SO, RIGHT NOW WE HAVE FOUND YOU IN VIOLATION OF THIS CODE AND WHAT YOU NEED TO DO IS NOW SUBMIT TO THE CITY BUILDING DEPARTMENT A PERMIT — DOES NOT MATTER IF YOU PUT THE ROOF ON BY YOURSELF OR YOU HIRE A COMPANY — YOU HAVE TO HAVE A PERMIT. THEY WILL SEND AN INSPECTOR OUT TO LOOK AT IT, THEY WILL DETERMINE WHETHER OR NOT THAT IS PUT ON - YOU WILL HAVE TO SUBMIT MANUFACTURER SPECIFICATIONS." ADDITIONAL COMMENTS FOLLOWED. MS. RODRIGUEZ ASKED, "WHEN IS THAT?" VICE - CHAIRPERSON CRISWELL RESPONDED, "YOU WILL HAVE TO GO DO THAT, THERE IS NO `WHEN' — WE ARE GIVING YOU THIRTY (30) DAYS FROM TODAY'S DATE TO GET THIS DONE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 26, 2016 PAGE 4 OF 23 Senior Attorney Jennifer Nix commented, "I know that three inches (3") from the property line has been mentioned and I saw that this was Noticed I believe, for Sections 6 -195. for Maintenance, was it also Noticed for distance from the property line? I just want to make sure that I counsel the Board, that since the property wasn't Noticed for the distance from the property line section, that the Board only considers the Maintenance of the Fence or Walls issues that are being presented by Code Enforcement." 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 MAY 26TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY — THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS — NEW CASES AGENDA ITEM "502" WAS HEARD NEXT, AS NOTED DURING AGENDA CHANGES. ❖ ❖ PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE #2016CE000436 Irma R. Rodriguez 110 North Devon Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Code Enforcement Division, Police Department introduced the Case and submitted into Evidence, "'WS- I' which is the presentation." D0 May 26, 2016 RODRIGUEZ IRMA R, , , WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD ��NTeR a 97 2 OFC TERRI GUERRA, has re- inspected the property at 110 N DEVON AVE WINTER SPRINGS, FL 32708 on May 26, 2016. The property has been found to be in non - compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on: April 26, 2016. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 304.7 Roofs & Drainage Repair roof. Obtain a permit from City Hall SI RE rD At E OFC TERRI GUERRA STAMP: SIGN URE OF NOTARY DATE VdrN Al Rkk t NOTARY PUSIX STATE OF FLORIDA . Camn # FFW1822 Edna 7121A2019 C.A. L. E.A and State of Florida Accredited Agency USPS.com® - USPS Tracking(& Page 1 of 2 English Customer Service USPS Mobile- Register I Sign In AMUSpscom", Customer Service > USPS Tracking® Have questions? We're here to help. Tracking Number: 70140150000162563500 Product & Tracking Information Postal Product: Features: Certified Mailry DATE & TIME June 1, 2016, 12:37 pm STATUS OF ITEM LOCATION Notice Left (No Authorized WINTER Recipient Available) SPRINGS, FL 32708 We attempted to deliver your item at 12:37 pm on June 1, 2016 in WINTER SPRINGS, FL 32708 and a notice was left because an authorized recipient was not available. You may arrange redelivery by using the Schedule a Redelivery feature on this page or calling 800 - ASK -USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed by June 16, 2016 then it will be returned to sender. May 28, 2016, 8:39 pm Arrived at USPS Facility MID FLORIDA, FL 32799 May 27, 2016 , 9:01 pm Departed USPS Facility ORLANDO, FL 32862 May 27, 2016, 7:41 pm Arrived at USPS Facility ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number Track It HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAOs USPS Service Updates Inspector General Forms & Publications Postal Explorer Government Services National Postal Museum Careers Resources for Developers Copyright 02016 USPS. All Rights Reserved. +10, �J Get Easy Tracking Updates > 0711 — Sign up for My USPS. Available Actions Text Updates Email Updates Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS > *0 LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data https: // tools. usps. com/ go/ TrackConfirinAction ?gtc_tLabelsl= 70140150000162563500 6/15/2016 J`t�NTE� S 4 •o Z CITY OF WINTER SPRINGS, FLORIDA 0 U t/1 Incorporated 1126 EAST STATE ROAD 434 • 19 9 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE:(407)327-1800 COt)WF-f FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE000436 A Florida municipal corporation, Complainant, V. Irma R.Rodriguez Owner of the Property located at: 110 North Devon Avenue Winter Springs, Florida 32708 Parcel: 34-20-30-507-2000-0120 Respondent, 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 April 26, 2016 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) 304.7 — Roofs and drainage. of the International Property Maintenance Code 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 present at the hearing; CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000436 APRIL 26,2016 PAGE 2 OF 3 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 304.7—Roofs and drainage. of the International Property Maintenance Code.; 5. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s) violation(s) of the City of Winter Springs Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until May 26, 2016 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 entered in the amount of ONE HUNDRED DOLLARS ($100.00) per day from May 26, 2016 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. (Execution Page Follows) CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000436 APRIL 26,2016 PAGE 3 OF 3 DONE AND ORDERED at Winter Springs, Florida, this day of May, 2016, nunc pro tunc to April 26, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA regg RosVthairperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4289 Irma R. Rodriguez, Respondent 110 North Devon Avenue Winter Springs, Florida 32708, Case File#2016CE000436 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 6�L day of May, 2016. Antonia Della Donna, Board Secretary