Fort Walton Beach Council agenda — 04-09-13--regular — reading text

NN Attachment:Attachment: CEBCEB 0707 852852 CaseCase FileFile 11(( 22462246 : : RequestRequest forfor CodeCode EnforcementEnforcement FineFine WaiverWaiver - - 653653 CountryCountry  Code Enforcement Board City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32549 K Phone: 850- 833 -9935, 833 -9601 TDD: ( 850) 833 -9925 Office Hours: Monday - Friday: 8: 00 AM to 5: 00 PM KATHI THOMAS 903 LIGHTHOUSE ROAD FORT WALTON BEACH, FL 32547 STATEMENT OF NON - COMPLIANCE September 16, 2008 CASE NO: 07- 00000852 IN THE MATTER OF: KATHI THOMAS 653 COUNTRY CLUB AVE NE BLOCK B LOT 3 & S 30. 75 FEET OF LOT 2 TAX ID #: 24- 51 -36- 0540 -OOOB -003B Fort Walton Beach, Florida On SEPTEMBER 15, 2008, an inspection of the above mentioned property was conducted by the Fort Walton Beach Code Enforcement Office. Subject property was found to be in noncompliance with some or all the Code Section(s) of the Codified Ordinances of the City of Fort Walton Beach that were cited in the above mentioned case. This Statement of Noncompliance hereby puts you on Notice that the subject property is still in Violation and that it is your responsibility to contact the City Code Enforcement Office when the property is ready for a Compliance Inspection. Thank you for your cooperation and assistance in keeping Fort Walton Beach beautiful. Sincerely, Code Board Administrator 9 tP l= fHfi i i 1 Attachment: CEB 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  t" C, CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA CASE #: 07- 00000852 City of Fort Walton Beach, Florida, apolitical subdivision of the State of Florida, PETITIONER, vs- KATHI THOMAS 903 LIGHTHOUSE ROAD RESPONDENT( S) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CASE comes for public hearing before the Municipal Code Enforcement Board of the City of Fort Walton Beach on AUGUST 13, 2008 after due notice to the Respondent( s), and the Board, having heard testimony under oath, received evidence, considered stipulations, and heard argument, hereby issues its Findings of Fact, Conclusions of Law, and Order, as follows: I. FINDINGS OF FACT: RESPONDENT( s): KATIE THOMAS 903 LIGHTHOUSE ROAD SUBJECT: 653 COUNTRY CLUB AVE NE BLOCK B LOT 3 & S 30.75 FEET OF LOT 2 Tax ID # 24- SI -36- 0540 -OOOB -003B Fort Walton Beach, Florida Okaloosa County The attached conditions, first observed on JUNE 27, 2007, were found to exist on subject property. On AUGUST 8, 2007, service of the Notice of violation 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 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 OCTOBER 22, 2007. Re- inspection of subject property on OCTOBER 22, 2007 revealed that said violation(s) had not been corrected. EXFi1BIT a n Attachment: CE8 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver- 653 Country  c c. II. CONCLUSIONS 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 Respondent( s) has/ have failed to remedy all of the cited violation(s), and is/are subject to the provisions of the Code of Ordinances, City of Fort Walton Beach, Florida. III. ORDER: 1. The Respondent( s) is/are to correct the attached violation(s) on or before SEPTEMBER 12, 2008: See attached corrective actions for the violation(s) The Respondent( s) is/are further ordered to contact the Department of Community Development Services to arrange for re- inspection of subject property to verify compliance with this Order. 2. In the event that the attached violation(s) is /are found, in subsequent proceedings by this Board, not to have been corrected on or before SEPTEMBER 12, 2008, 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 SEPTEMBER 12, 2008. 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 OCTOBER 22, 2007, that the Respondent(s) owes an Administrative Fee of $325. 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 to the date of the hearing. The Board may order additional Administrative Fees should the Respondent( s) fail to correct the violations as ordered. 5. In the event that the administrative fee is delinquent by more than 30 days, this order shall be recorded in the Public Records of Okaloosa County, Florida. The aforesaid administrative fee levied against the Respondent(s) shall then constitute a lien against the land on which the aforesaid Code violation(s) exist(s) and against any other real or personal property owned by the Respondent(s). 6. The City of Fort Walton Beach may also be authorized, in subsequent proceedings by this Board, to take such actions as the Board may deem necessary and appropriate with respect to subject property in order to protect the health, safety, and welfare of the general public, and to assess the costs of such actions against the property, in accordance with Section 5. 05 of the City of Fort Walton Beach Code of Ordinances. vp roV Page - 2 - 0] -00000852 Attachment: CEB 07 852 Case Filet ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  C C 7. You have the right to request a fine reduction from the Code Enforcement Board pursuant to Florida Law and the Rules and Regulations of the Code Enforcement Board. You may request a fine reduction within ten ( 10) days after an Order imposing a fine has been signed. If you do not request a fine reduction within the proper time, the Order imposing a fine shall be filed in the Okaloosa County Records as a lien against your property. Caution: Requesting a fine reduction does not extend the time for filing on appeal to the circuit court. Pursuant to section 162. 11, Appeals, of the Florida Statutes, as amended, an aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the records created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. 8. 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 AUGUST 13, 2008. MUNICIPAL CODE E O EMENT B ARD OF THE CITY OF FORT AL ON BEA , FLORIDA By: Paul Hom Chairman, Code Enforcement Board) I HEREBY CERTIFY that a true and correct copy of the foregoing Findings of Fact, Conclusions of Law, and Order has been mailed to the Respondent( s), this_ft -day of 4"- By: Ed Moore Code Enforcement Board Administrator Signature Attachment mPage 3 - 07- 0- 0000852 m a Attachment: CEB 07 852 Case Filet ( 2246 : Request for Code Enforcement Fine Waiver - 653 Country  C, Violation Text ROOF MAINTENANCE:Sec. 3. 10. 06: Roof is falling off and in disrepair. Please repair roof and obtain all required building permits for repairs. Violation Description Section 3. 10. 06 Responsibilities of Owner it shall be the duty and responsibility of the owner of the remises to maintain the premises so that: 2 The premises shall be free of loose and overhan ' n objects, which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. 34) Roofs shall be covered with roofmg material suitable for exposure to the elements pttrsuant to the Standard Building Code. Roofs and roof coverings shall remain