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

surfaces. ( See Above) FILE * 2165602 RCD: 10/ 7~ 004 @ 11: 47 AM, BK: 2570 PC 1530 RECORDING: 24. 00 RECORDING ARTIC._ ~ V: $ 20. 00 DEPUTY CLERK ~. JUNN KATHRYN W. HENLEY, CLERK OF COURTS, OKALOOSA COUNTY FL tJf lb . CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEAcH, FLORmA CASE NO: 00000589 04- City of Fort Walton Beach,Florid~ a political subdivision ofthe State of Florida, PETITIONER, vs- WllLffi H BANKSTON 56MALLARDAVE RESPONDENT( S) AmON ON STATEMENT O~ N9NCOMPLIANCE. AND SECOND ORDER TInS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Walton Beach on AUGUST 11. 2004, after due notice to the Respondent(s), and the Boar~ having issued Findings ofF~ Conclusions of Law and Order on MAY 12, 2004 with regard to this case, hereby issues its further Findings of Fact.Conclusions of Law, and Second Order, as follows: L FINDINGS OF FAp-: The Respondent(s), whose mailing address is 56 MALLARD AVE. , FL. 325484927 are the owner(s)lperson( is/ s) in charge of the property described as follows: SUBJECT: 52 MALLARD AVE NE LOT 14 BLK 5 N ffiLL GARDENS TaxID# 24-S2-13- 1770-0005- 014O Fort Walton ~ Florida Okaloosa County The attached condition( s), firSt observed on MARCH 2, 2004. wasJwere found to exist on subject property. On MARCH 4. 2004. service of the Notice ofViolation to the Respondent(s} was obtained in accordance with Chapter 162. 12 of Florida Statue through ( certified mail. posting. or hand delivery) as reflected in the exhibits of this case. Said notice stated that the attached BK:' 2570 PG: 1531 condition( s) constituted ( a) vioIation(s) of the Ordinances of the City of Fort Walton Beach,Florida, and was/were to be corrected on or before MARCH 24, 2004. Re- inspection of the subject property on MARCH 24, 2004 revealed that said violation( s) had not been corrected. After due notice to the Respondent(s), this case was brought for public hearing before the Board on MAY 12, 2004. The Board found that the violation(s) did exist. and ordered the Respondent(s) to correct said violatioo( s) on or before JUNE II, 2004. Re-inspection of subject property on JUNE 11, 2004 verified that said violation( s) had not been corrected as ordered. CONCLUSIONS OF LAW: n.. The Respondents, by reason of the foregoing facts, did not comply with the MAY li~'- - 2004 Order of this Board, in that the Respondents did not correct the cited violation( s) on or before JUNE II, 2004, as specified in said Order. . m. SECOND ORDER: 1. The Finding of Noncompliance is hereby acCepted,the Respondent( s) not having corrected the attached violation(s) on or before JUNE 11, 2004. 2. The Respondent(s) is/are hereby ordered to correct the attached violation(s) by the new compliance deadline of October 11, 2004 and to pay a. fine of $100. 00 per day for each day the violation(s) continue(s) beyond October II, 2004. The Respondent(s) is/are further ordered to contact the Department of Community Development Services to arrange for re-inspecti.on of subject property in order to verify the date on which said violation(s) has/have been corrected. 3. The Board also finds that since the Respondent(s) failed to correct the violation as above before JUNE 11, 2004,that the Respondent( s) have accrued an t'rlministrativefee of $ 2.10. 00 to compensate the City for actual costs of administration to the.date of the hearing. Ho~ er the fee is waived so long as the---.- . respondent( s) correct the attached violations on or before October 11, 2004. The Board further orders that if the violation(s) are not corrected as ordered above, on or befure October 11, 2004 that the Administrative Fee of $ 210. 00 becomes immediately due and payable by the respondent(s). The Board may order additional Administrative Fees should the Respondent(s} fail to correct the violations as . ordered. a. In order to protect the health, safety. and welfare of the general public, the City of FQrt Walton Beach may initiate proceedings. correct violation( s) and assess the costs of these actions against the property, in accordance with Section 2()" 2602, of the City of Fort Walton Beach Code of Ordinances. Page - 2 - 04- 00000589  BK~ 2570 PG: 1532 b. Upon recording of this Order in the Public Records ofOkaloosa County. Florida.the aforesaid fmes and assessments levied against the Respondent(s) shal1 constitute a lien against the land on which the aforesaid Code violation exists. or. if said land is not owned by the Respondent(s).' against any other real. or personal property owned by the Respondent( s). Should the aforementioned lien remain unpaid three ( 3) months after the recording of c. this Second Order in the Public Record of Okaloosa County. Florida, the Board may in a subsequent action authorize the City Attorney to initiate pro~ ing$ to foreclose on this lien in the manner provided for by statute for the foreclosure of other municipal liens. d. A true and correct copy of this Action and Second Order shall be sent to the I Respondent( s) by regular mail and shall be recorded in the Public Records of Okaloosa I rida. i- County. F1<> DONE AND ORDERED AUGUST 11~ 2004 CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEA~ FLORIDA Dr- ~ LJ. j,. Cli8lrman, Code Enforcement Board) MARTHA SANDERS I HEREBY CERTIFY that a true and correct copy of the fongoing Action and Second Order has been mailed to the Respondent(s), this 1i f' l ). d Y). ( I;J ) day of ( A- U By: t#/~ Code Enforcement Board Administrator Signature P(lease Print) Page - 3 - 04- 00000589  aK. 2570 PG: 1533 VIOlation"Text ROOF MAINTENANCE: SEe.2C).. 3178.( A)( 34\ F~ URE TO REPAIR AND MAJNTAIN DETERIORATED ROOFING. THE ROOF IS LEAKING IN THE KlTCBEN~THE BEDROOM AND CARPORT AREA.UPAIRAND MAINTAIN THE ROOF AS REQUIRED BY CODE. Violation.DescriDtion 3178. ( a)( Sec. 20- 34) It ' bilities of owner and r. a) Responsibilities of owner. It shall be the dutv and r ' bilitv of the owner of the Dremises to see tbat the . s under the control of the owner are m4intained to ensure the foUowinR: 34) Roofs shall be covered with roo:finA: material I- suitable for e " x:oosure to the elements pursuant to the Standard Buildin~ Code. RoofS and roof coverinn shall remain structurally sound and watertiSiiitand shall not contain visib1e holes. rips.t~ breaks, mold or mildew or the like. Roofs shall be reoaired usinst like materials to the existinR materials. VIOlation Corrective AdiOD Obtain reouired nermits aad repair an d . or deteriorated roofmaterials. VIOlatiOn Text MAINTENANCE GENERAL: SEe. 20-3178: 7AV4 i) FAILURE TO REPAIR AND MAINTAIN THE FOLLOWING ITEMS AS REQUIRED BY CODE. 1. THE FASCIA AND GABLE ENDS OF THE HOUSE ARE PEnlNG AND DETERIORATED. 2.THERE IS AN EXPOSED ELECTRICAL PANEL IN TO BEDROOM THAT IS POSSIBLY INADEOUATE ro SERVICE THE CtJ1Ut& NTLOAD. A LICENSED ELECTRICIAN WiLL BE n REOUJ:RED TO Do A LOAD "" - CALCULATION AND BRING TBESalVICE UP TO CODE. 3. TIm BEATING SYSTEM BAS BEEN MODIFIED wrmOUT PERMIT AND HAS AN EXPOSED INTElUOR VENT PIPE THAT MUST BE PERMl'ITED AN]) BROUGHT INTO COMPLIANCE WITH THE APPUCABLE CODES. 4.THE KITCHEN SINK DRAIN PIPE,BATHROOM TOILET AND SHOWER FIXTVRJ'.S ARE ALL LEAKING AND REQUIRE SERVICE TO COMPLY WITH CODE.OBTAIN THE QQUIR:ED ELECT.Rc. I- AL PLUMBING. HEATING AND ROOFING PERMITS AND RESOLVE.ALL DEFICIENT