Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

......._... .,....... w. w.................. .....-........... ................. ........... ....., N..........................__.. ......, w..-...... .."....... ..,.............. .......................-........-.................,.......  r I OFFIClft RECORDS ** BK 2415 ~ 253 r MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF FORT WALTON BEACH, FLORIDA FILE. 1991934 ReD: Feb 112003 i 98: 10M Newman C. Brackin, Clark, Okaloosa Cnty Fl CASE #: 2 1, 124 City of Fort Walton Beach, Florida" a. political subdivision of the State of Florida, PETITIONER, vs.. W H. BANKSTON 56 MALlARD AVE RESPONDENT( S) FINDINGS OF FACT, C~ CLUSIONS OF LAW, AND ORDER THIS CASE comes for public hearing before the Municipal Code Enforcement Board of the ci ty of Fort walton Beach on OCTOBER 9 2002 after due noti ce to the f ResP.Ondent( s), and the Board, having heard testimony under oath, received eviClence, considered stipulations, and heard argument, hereby issues its Findings of Fact, conclusions of Law, and order, as follows: . I. FJ:NDINGS OF FACT: RESPONDENT( S): W H BANKSTON 56 MALLARD. AVE SUBJECT~ ~ JACKSON 5T NE 8 BLK 6 N HILL GARDENS Tax ID # 24-$ 2- 13- 1710- 0006- 0080 Fort Walton Beach, Florida pkaloosa County The following conditions, first Qbserved on MAY 29, 2002, were found to exist on subject property: MAINTENANCE GENERAL: SEC. 3178.( A)( 4)( 5)( 6)( 8) URE TO REPAIR AND MAINTAIN THE DAMAGED SIDING' ON THE FAIl,. ST SIDE OF THE HOUSE AND THE DAMAGED WINDOW SCREEN ON THE FRONT OF THE HOUSE. PAINT: SEC.- 3178( A)( 17)( 18) FAIlURE TO PAINT . AND IMINTAIN EXTERIOR OF STRUCTURE~ THE STRUCT\JRE IS FADED, DETERIOAATED, AND IN NEED OF PAINTING.  OFFICIAL RECORDS ** BK 2415 PO 254 on JULY 6, 2002, service of the Notice of violation to the Respondent( s) was obtained in accordance with Chapter 16. 12 of Florida statue through ( certified mail, posting, or hand delivery) as reflected in the e~ hibits of this' case. said notice stated that the aforesaid conditions constituted ( a) violation( s) of the ordinances of the city of Fort walton Beach, Florida, and was/ were to be corrected on or before AUGUST 5, 2002. Reinspection of subject property on AUGUST 5, 2002 revealed that said violation( s) had not been corrected. ' II. CQNCLUSIONS OF LAW: The Respondent( s) by reason of the foregoing facts', is/ are in violation of the Code of ordinances, city of Fort walton Beach, Florida, in that the ondent( s) has/ have failed to remedy the cited viol ation( s), ResJ> and is/ are subject to the provisions , of the code of ordinances, city of. Fort walton Beach, Flori da. III. ORDER: 1. The Respondent( s) is/ are to correct the aforesaid violation( s) on or before NOVEMBER 8, 2002: Make a11 necessary repai rs in accordance wi th the above cited ordinance. ( See above) obtain permits when applicable. clean, paint and maintain all exterior surfaces. ( see Above) The Respondent( s) is/ are further ordered to contact the Department of conmunity Development Services to arrange for reinspection of subject property to verify compliance with this order. ' 2. In the the afore$aid violation( s} is/ are found, in event that subsequent proceedings by this BoardJ not to have been corrected on or before NOVEMBER 8, 2002, the Respondent( s) may be ordered to pay a fine not to exceed 250, 00 per day for each day the violation( s) continue{ s) beyond NOVEMBER 8, 2002. 0_- _ _ 3. If the violation is corrected and thereafter repeated, there may be imposed against the respondent( s), a fine not to exceed $ 500. 00 per day from the date that the respondent( s). is/ are found in repeat violation. 4. The Board also finds that since the Respondent( s) failed to correct the violation as above before AUGUST 5, 2002, that the Respondent( s) owes an Administrative Fee of $ 210. 00 due and payable by the first day of the month following the date of this order, to compensate the city for actual costs. of administration the date of the hearing. to The Board may order additional Administrative Fees sh~ uld the Respondent( s) fail to correct the violations as ordered. S. In the event that the administrative fee is delinquent by more than 30 days, this ord~r shall. be recorded in the public Records of Okaloos.a  OFFICIAL RECORDS ** BK 2415 PO 255 county, Florida. The aforesaid administrative fee levied ~ gainst' the P.espondent( s) shall then constitute a lien against the. land on which the aforesaid code violation( s) exist( s), or, if said land is not owned by the Respondent( s), against any other real or personal property owned by the R~ spondent( s). .... 6.. The city 9f Fort ~ alton Beach may also. be authorized, in subsequent proceedlngs by thls Board, to take such act10ns as the Board may deem necessary and appropriate wlth respect to subject propert~ in order to protect the health. safety, and welfare of the general public, and to assess the costs of such act; ons agai nst the property, in accordance with Secti on 20. 2605 of the city of Fort Walton Beach Code of ordinances. 7. A true and correct copy of these Findings of Fact, conclusions of law, and order shall be sent to the Respondent( s) by regular 'mail. DONE AND ORDERED OCTOBER 9~ 2002. MUNICIPAL CODE ENFORCEMENT BOARD OF THE CI1Y Of FORT WALTON BEACH, FLORIDA By: . {~{ 2i/0 /41tf () chairman, code enforcement Board) 2- ROBERT REtTIE HEREBY CERTIFY that a true and ( orrect copy of the I ;, foregoing Findings of FacthAconclus; ons Qf Law, and order has been mailed to the Respondent (5) , thi s~ day of ~~ J J..... t... . By: ~~ code En~~ rcement Board Administrator 6>~ signature ( please print) . ~ cOOO0376/ HTLTR/ CELTR/ PROO r:"'-~---.7~,~J". t, /:"::' 1 iI"'" Jl : l~..:!'.( f~J' .~~~ ,,""'"::_ -.. . f OFFICIAL RECORDS ** BK 2415 PO 248 CODE ENFORCEMENT BOARD - - -'- - - - - - - - CITY OF FORT WALTON BEACH,FLORIDA FILE ~ \ S91G33 ... ROO: Feb 11 2083 i 88 CASE NO: 02..00 1 24 Ne_ C, Brackin, 09t_-~A11Fl_ _ __, ClerK, Okal00sa _en: City of Fort Walton Beacb~ a political subdivision of the State of Florida, Florida.; PETITIO~ VS- W H BANKSTON 56 MALLARD AVE RESPONDENT( S) CTlON ON STATEMENT OF NONCOMPLIANCE. AND SECOND ORDER - . TIllS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Wa!ton & ach on DECEMBER 1 I, 2002, after due nonce to the Resp<mdent( s), and the Boar~ having issued Findings of Fact, Conclusion$of Law and Order on OCTOBER 9, - 2002 with regard to this case, hereby issues its further Findings of Fact, CQnc1usions of Law, and S~ nd Order, as follows:_ L FINpINGS OF fACT: The