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

aE99,ranieM outj luowooro ;u3 opo0 rol lsonbab 94ZZ) sluawnooa ase0 6LE-£ L 830 auawyoeAV Y 0r N aOfaOf YRYR aa EIGHT:EIGHT: Sec.Sec. 5.5. 07.07. 0101( ( S):S): GrassGrass andand weedsweeds areare overgrownovergrown PleasePlease cutcut andand maintainmaintain allall grassgrass andand weedsweeds onon Description Description isis epeatepeat violationviolation inin thatthat thethe boardboard hashas mm louslylously ruledruled thatthat thisthis P"P" paypay ownerowner hashas beenbeen inin violationviolation ofof thethe citedcited SectionSection ofof thethe Codified Codified Ordinances Ordinances ofof thethe CityCity ofof FortFort WaltonWalton BeachBeach withinwithin thethe lastlast fivefive yeaTsyeaTs . . ViolationViolation CorrectiveCorrective ActionAction BringBring propertyproperty intointo compliance compliance withwith thethe citedcited SectionSection andand callcall thethe CodeCode Enforcement Enforcement OfficeOffice atat 833833 - - 95989598 toto scheduleschedule aa re-re- inspection.inspection. Ps=Ps= - - 4-4- unooaoawunooaoaw  Egg - ranieM suij luawoo4o ;u3 opoo. w; isonbab: 94ZZ) sluawnoo 08se36tC -Et8307uaw43elltl w• x City of Fort Walton Beach = a America' s Most Beautiful Beaches -' • 107 Miracle Strip Parkway, SW * Fort Walton Beach, F132548 850) 833 -9500 * Fm ( 850) 833 -9640 www. rwb. urg TDD (850) 833 -9925 Helen Spencer, City Clerk 850- 833 -9509 lupencetrJ6cb.org January 14, 2013 Don W. Howard Clerk of Circuit Court 101 E. James Lee Blvd Crestview, FL 32536 Dear Mr. Howard: Please record in the Official Records of Okaloosa County the enclosed Order and Action on Statement of Repeat Violation in Noncompliance for property located at 653 Country Club Avenue NE, Fort Walton Beach, FL. A self-addressed envelope is provided for the bill for the recording fee and the recorded document. Thank you for your assistance. Sincerely, Helen Spencer City Clerk INC Enc. n Egg - JanreM aui j tuawamolu3 apoo col 1sonbay : gt ZZ) sluawnood ase0 6L£-£ L 830 7uawyoelty n a a CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA - a CASE NO: 13- 00000319 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, vs- KATHI THOMAS 653 COUNTRY CLUB AVE. NE RESPONDENT ORDER AND ACTION ON STATEMENT OF REPEAT VIOLATION IN NONCOMPLIANCE THIS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Walton Beach on JANUARY 9, 2013 after due notice to the Respondent, and the Board, having issued Findings of Fact, Conclusions of Law and Order on FEBRUARY 9, 2011 with regard to this respondent, hereby issues its further Findings of Fact, Conclusions of Law, and Second Order, as follows: I. FINDINGS OF FACT: RESPONDENT( s): KATHI THOMAS 653 COUNTRY CLUB AVE. NE FORT WALTON BEACH, FL 32547 SUBJECT: 653 COUNTRY CLUB AVE NE BLOCK B LOT 3 & S 30. 75 FEET OF LOT 2 Tax ID #: 24- S1 - 36- 0540- OOOB - 003B Fort Walton Beach, FL Okaloosa County At the FEBRUARY 9, 2011 Code Enforcement Board Hearing, the Board found the Respondent to be in violation of Section(s) of the Codified Ordinances of the City of Fort Walton Beach. A violation of a provision of a code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within 5 yews prior to the violation, constitutes a repeat violation, in accordance with Florida State Statute 162. 04. On DECEMBER 18, 2012, the attached conditions were found to exist on subject property. These conditions constitute a Repeat Violation. This aforesaid property remains in noncompliance as of JANUARY 9, 2013.  S9, raAieM auij luawaoAolu3 apo3 rol lsanbab : 9tZZ) sluawnooa ase3 6l£-£l S33 auawgoepy Y J N am H. CONCLUSIONS OF LAW: adYUN The Respondent did let the property fall into a state of non -compliance causing a repeat violation to exist. III. ORDER AND REPEAT VIOLATION: 1. The Respondent, having been found in Repeat Violation, is hereby ordered to correct the attached violation( s) immediately and to pay a fine of $500. 00 per day for each day the violations continued beyond DECEMBER 18, 2012. The Respondent is further ordered to contact the Department of Community Development Services to arrange for re- inspection of subject property in order to verify the date on which said violations have been corrected. The Board also finds that since the Respondent was found in Repeat Violation, that the Respondent owes an additional Administrative Fee of $325. 00 due and payable by the fast day of the month following the date of hearing, to compensate the City for actual costs of administration to the date of the hearing. a. In order to protect the health, safety, and welfare of the general public, the City of Fort Walton Beach may initiate proceedings, correct violations and assess the costs of these actions against the property, in accordance with Section 5. 05, of the City of Fort Walton Beach Code of Ordinances. b. Upon recording of this Order in the Public Records of Okaloosa County, Florida, the aforesaid fines and assessments levied against the Respondent shall constitute a lien against the land on which the aforesaid Code violations exist, or, if said land is not owned by the Respondent, against any other real or personal property owned by the Respondent. c. Should the aforementioned lien remain unpaid three ( 3) months after the recording of this Order in the Public Record of Okaloosa County, Florida, the Board may in a subsequent action authorize the City Attorney to initiate proceedings to foreclose on this lien in the manner provided for by statute for the foreclosure of other municipal liens. d. 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 may be filed in the Okaloosa County Records as alien against your property. Caution: Requesting a fine reduction does not extend the time for tiling on appeal to the circuit court. There are procedures to request a reduction of fine, release of order, or release of lien. 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 fded within 30 days of the execution of the order to be appealed. Page - 2- 13 -00000319  99 - 3anreM auij luawoojolu3 apoo rol lsonbab : ygZZ) sluawn000 ase0 64£-£ t 930 auewyoelltl . Q a 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), a City of Fort Walton Beach, 107 Miracle Strip Parkway, Fort Walton Beach, Florida, for more information. e. If the violation is corrected, and thereafter repeated, there may be imposed against the respondents( s), a fine not to exceed $ 500.00 per day from the date that the respondent( s) is /are found in repeat violation. f. A true and correct copy of this Action shall be sent to the Respondent by regular mail and shall be recorded in the Public Records of Okaloosa County, Florida. DONE AND ORDERED. MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF FORT WALTON BEACH, FLORIDA Code Enforc m nt Board) I HEREBY CERTIFY that a true and correct copy of the foregoing Action and this Order has been mailed to the Respondent, this % day of3/w, - , By: Code Enforcement Board Administrator Signature Attachment