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HomeMy WebLinkAbout2016 07 26 Public Hearing 600 - Non-Compliance Case - 201 North Devon AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. A CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000606 PETITIONER, vs. RESPONDENT PARCEL OWNER: GARCIA, LOUIS E 201 N DEVON AVE WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on July 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: 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: 201 N DEVON AVE WINTER SPRINGS. FL 32708 Property Owner Name: GARCIA, LOUIS E. Property Owner Address: 201 N DEVON AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 6 -195 Maintenance of Fence Sections of wooden fence are broken or in disrepair. See comments concerning the sections of the chain link fence how what mounts /anchors and offset to the property line are required. 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 6/16/2016 , 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 6256 3739 Professionally, 0 ) Capt. C. Deisler • 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: LOUIS 6�,(t� Lb I fy A. Signature ❑ Agent ❑ Addressee B. Received by (Printed ,Name) C. Date of Delivery r.s 6fw-, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ZI—Certified Mail® riority Mail Express- ❑ Registered 1PReturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 0150 0001 6256 3739 (Transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 26, 2016 PAGE 2 OF 23 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The March 22, 2016 Code Enforcement Board Regular Meeting Minutes. RELATED TO THE APPROVAL OF THE MARCH 22, 2016 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES, "I RECOMMEND APPROVAL OF THE MINUTES AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used ❖❖ AGENDA NOTE: PUBLIC HEARINGS — NEW CASES AGENDA ITEM "500" WAS HEARD FIRST, AS NOTED DURING AGENDA CHANGES. ❖ ❖ PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2016CE000606 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 City Code 6 -195. — Maintenance Of Fences Or Walls. Inspector: Captain Chris Deisler Captain Deisler began with introductory comments about this Case. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 26, 2016 PAGE 3 OF 23 Continuing, Captain Deisler stated and entered into Evidence, "'WS-l' the PowerPoint presentation you're about to see, 'WS-2' which is the mailing card for the Notice of Code Violation Letter, 'WS-3' is my Affidavit of Posting for this Hearing, and 'WS-4' is the proof of service for this Hearing." Captain Deisler then said, "This property was permitted for a fence by Community Development in 2014, I believe it is. Based on the parameters of the Permit, the fence was to be installed on the property. The fence was constructed however the way the fence material currently presents itself on the property does not comply with those parameters. On March 1, 2016, Community Development Director (Randy) Stevenson and I went to that property and met with Mr. Garcia, who is the owner. We gave him some details on what the parameters of the Fence Permit were and how the fence was to be maintained. We provided that to him that day. At that time, Mr. Stevenson determined that the fence was not properly affixed to support posts, and it was determined that the posts needed proper anchors. Mr. Garcia has called me once, that was on April 1 of this year to further discuss the issue. Being as it is though, this issue surrounds itself on how the fence is constructed. I instructed him to call Mr. Stevenson as he had more intimate knowledge of how the permitting requirements were stated, and I directed him in that direction. Again, the Notice of Code Violation letter was mailed Certified on March 7, 2016. It was received by an unknown recipient because the signature is illegible and Code Board Hearing Notice was mailed March 28th of this year, signed for by Mr. Garcia. It was also Posted at the residence and City Hall March 25th of this year." Next, Captain Deisler referred to photographs from "WS -1" with additional comments. Captain Deisler mentioned that Mr. Bobby Howell, Planner, Community Development Department was present to answer any questions regarding that Permit and how that fence is to be constructed. Captain Deisler concluded, "Based upon the presentation, I recommend you find the property in Violation of the Code and impose a Fine of fifty dollars ($50.00) per day if found in Non - Compliance. I would give them until May 26th of this year to comply." Discussion followed on obtaining Fence Permits in the City. Vice - Chairperson Matthew Criswell then asked, "What are the guidelines for repairs ?" Mr. Bobby Howell answered, "If the amount of the repairs exceeds a hundred dollars ($100.00) in value, you have to get a Permit. If they do not exceed a hundred dollars ($100.00) in value, there is no Permit required." Additional comments followed regarding fence material and distance from property lines. 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." T �� lM CITY OF WINTER SPRINGS, FLORIDA V 1126 EAST STATE ROAD 434 1959 • WINTER SPRINGS, FLORIDA 32708 -2799 'ti TELEPHONE: (407) 327 -1800 G�DwE�RJ FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case #2016CE000606 A Florida municipal corporation, Complainant, V. Louis E. Garcia Owner of the Property located at: 201 North Devon Avenue Winter Springs, Florida 32708 Parcel: 34 -20 -30- 507 -1700 -0210 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) 6 -195. — Maintenance of fences or walls. of the City 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 not present at the hearing; CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2016CE000606 APRIL 26, 2016 PAGE 2 OF 3 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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) 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 FIFTY DOLLARS ($50.00) 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 #2016CE000606 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 t� hairperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4258 Louis E. Garcia, Respondent 201 North Devon Avenue Winter Springs, Florida 32708 Case File #2016CE000606 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 5 day of May, 2016. Antonia Della Donna, Board Secretary