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

allall grassgrass andand weedsweeds onon property.property. ViolationViolation DescriptionDescription SectionSection 16.16. 4343 ResidentialResidential andand CommemialCommemial PropertyProperty MaintenanceMaintenance AllAll premisespremises shallshall bebe maintainedmaintained inin compliancecompliance withwith thethe standardsstandards inin thisthis section.section. 16.16. 43.43. 1.1. StandardsStandards forfor improvedimproved property.property. T.T. Grass,Grass, weedsweeds andand uncultivateduncultivated vegetation.vegetation. AllAll grassesgrasses oror weeds,weeds, andand uncultivateduncultivated vegetation,vegetation, shallshall notnot exceedexceed 1212 inchesinches inin heightheight onon imim rovedroved property,property, includingincluding thethe areaarea betweenbetween thethe edgeedge ofof thethe pavement pavement inin thethe streetstreet andand thethe lotlot line.line. ViolationViolation CorrectiveCorrective ActionAction CutCut andand maintainmaintain allall grass,grass, weeds,weeds, andand otherother growthgrowth toto aa heightheight ofof lessless thanthan 12"12" includingincluding abuttingabutting right-right- of-of- ways.ways. PagePage - - 44- - 11-11- 0000002000000020 gn13, Otunop egg - JaAIUM auid tuaw93Jolu3 apoo iol tsenbaH : 94ZZ) a113 asuO OZ- tt 930 auawgoettV m CODE ENFORCEMENT BOARD a CITY OF FORT WALTON BEACH, FLORIDA Y aUA CASE #: 1 1- 00000020 City of Fort Walton Beach, Florida, a political 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 FEBRUARY 9, 2011 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): KATHI THOMAS 903 LIGHTHOUSE ROAD SUBJECT: 653 COUNTRY CLUB AVE NE BLOCK B LOT 3 & S 30.75 FEET OF LOT 2 Tax ID # 24- S1 -36- 0540- o00B -003B Fort Walton Beach, Florida Okaloosa County The attached conditions, first observed on OCTOBER 4, 2010, were found to exist on subject property. On JANUARY 6, 2011, 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 JANUARY 17, 2011. Re- inspection of subject property on JANUARY 17, 2011 revealed that said violation( s) had not been corrected. II. CONCLUSIONS OF LAW: EXHIB1i 4 gnI0 6ilanoo £S9 - ranleM au13 luaw93JoJu3 apoo rol lsenbaa : o7zz) ali j asep oz- l1. 830 :luawgoe11V c a rn The Respondent( s) by reason of the foregoing facts, is /are in violation of the Code of s Ordinances, City of Fort Walton Beach, Florida, in that the Respondent( s) has/ have failed to o- 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 FEBRUARY 24, 2011: 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 FEBRUARY 24, 2011, 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 FEBRUARY 24, 2011. 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 JANUARY 17, 2011, 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. 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 tine 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 may be filed in the Okaloosa County Records as a lien against your property. Caution: Requesting a fine reduction does not extend the time for tiling on Page - 2 - 11- 00000020  qnq 6Jlunop E99 - JaAIEM auid luawaorolu3 apoo iol lsanbaB : 94ZZ) 00d asep OZ- 1. L E130 : luawgoelltl a appeal to the circuit court. There are procedures to request a reduction of fine, release of order, or release of lien. a x U a 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 hoard to the circuit court. Such an appeal shalt not be a hearing de Provo 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. For three months after the entry of this order you may also request a release of certain conditions of this order. Contact the Engineering Services Department, ( 850 -833- 9601), City of Fort Walton Beach, 107 Miracle Strip Parkway, Fort Walton Beach, Florida, for more information. 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 FEBRUARY 9, 2011. MUNICIPAL CODE CEMED OF THE CITY OF FO CH, FLORIDA By: 3Paul om 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 IP day of Z In Code Enforcement Board Administrator Signature Attachment Page - 3 - 11- 00000020 9nID tilunoo £S9 - JanleM aulj 7uawaoIolu3 apoo rol 7sanba2l : gt ZZ) 8113 aseD OZ- LL tE9 :1uaw4oelIV a YU aR Violation Text GRASS HEIGHT:Sec. 16.43. 1. T: Grass and weeds are overgrown on property. Please cut and maintain all grass and weeds on property. Violation Description Section 16. 43 Residential and Commercial Property Maintenance All prernises shall be maintained in compliance with the standards in this section. 16. 43. 1. Standards for improved property. T. Grass, weeds and uncultivated vegetation. All grasses or weeds, and uncultivated vegetation, shall not exceed 12 inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Violation Corrective Action Cut and maintain all grass, weeds, and other growth to a height of less than 12" including abutting right -of -ways. Pap 4- 11-00000020 n 9nlo /Jluno0 E99 - IanmM ewd