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

the month following this order, to compensate the City for actual costs of prosecution to the date of the hearing. The Board may order additional Administrative Fees should the Respondent( s) fail to correct the violation(s) as ordered. a. In order to protect the health, safety, and welfare of the general public, the City of Fort Walton Beach may initiate proceedings, correct violation(s) 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(s) shall constitute a lien against the land on which the aforesaid Code violation exist(s) and against any other real or personal property owned by the Respondent( s). c. Should the aforementioned lien remain unpaid three ( 3) months after the recording of this Second 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. m: Page - 2 - 07 -00000852 m w: J Attachment: CE8 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  C C 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 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. e. A true and correct copy of this Action and Second Order shall be sent to the Respondent( s) by regular mail and shall be recorded in the Public Records of Okaloosa County, Florida DONE AND ORDERED NOVEMBER 12, 2008 CODE ENFORCE NT BO CITY OF FORT W N BEACH, LORIDA By: PauKlbfn Chairman, Code Enforcement Board) I HEREBY CERTIFY that a true and correct copy of the foregoing Action and Second Order has been mailed to the Respondent( s), this W4) day of ( i^,^ c ^ 4. ) . (% w ) . By: C: f'' o Code Enforcement Board Administrator Attachment m v x Page - 3 - 07- 00000852 Attachment: CEB 07 852 Case File 1 ( 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 ertnits for repairs. Violation Description Section 3. 10. 06 Responsibilities of Owner It shall be the duty and responsibility of the owner of the premises to maintain the premises so that: 2 The prcrnises shall be free of loose and overhanging 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 roofing material suitable for exposure to the elements pursuant to the Standard Building Code. Roofs and roof coverings shall remain " structurally sound and watertight and shall not contain visible holes, rips, tears, breaks, mold or mildew or the like. Roofs shall be repaired using like materials to the existing materials. Violation Corrective Action Obtain required pennits and repair all damaged or deteriorated roof materials. m v PagePage - - 44- - 0707- 00000852 - 00000852 m" Attachment:Attachment: CEBCEB 0707 852852 CaseCase FileFile 11( ( 22462246 : : RequestRequest forfor CodeCode Enforcement Enforcement FineFine WaiverWaiver - - 653653 CountryCountry DD  CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA CASE NO: 07- 00000852 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, vs- KATHI THOMAS 903 LIGHTHOUSE ROAD RESPONDENT( S) ACTION ON STATEMENT OF NONCOMPLIANCE, AND SECOND ORDER THIS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Walton Beach on NOVEMBER 12, 2008, after due notice to the Respondent( s), and the Board, having issued Findings of Fact, Conclusions of Law and Order on AUGUST 13, 2008 with regard to this case, hereby issues its further Findings of Fact, Conclusions of Law, and Second Order, as follows: I. FINDINGS OF FACT: The Respondent( s), whose mailing address is 903 LIGHTHOUSE ROAD, FL, 32547 is /are the owner( s) / person( s) in charge ofthe property described as follows: SUBJECT: 653 COUNTRY CLUB AVE NE BLOCK B LOT 3 ,& S 30. 75 FEET OF LOT 2 Tax ID # 24- SI -36- 0540- 00013- 003B Fort Walton Beach, Florida Okaloosa County The attached condition( s), first observed on JUNE 27, 2007, was/ 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 condition(s) 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. Fmnv g Attachment: CEB 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country 10  C C Re- inspection of the subject property on OCTOBER 22, 2007 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 AUGUST 13, 2008. The Board found that the violation( s) did exist, and ordered the Respondent( s) to correct said violation(s) on or before SEPTEMBER 12, 2008. Re- inspection of subject property on SEPTEMBER 12, 2008 verified that said violation(s) had not been corrected as ordered. II. CONCLUSIONS OF LAW: The Respondents, by reason of the foregoing facts, did not comply with the AUGUST 13, 2008 Order of this Board, in that the Respondents did not correct the cited violation( s) on or before SEPTEMBER 12, 2008, as specified in said Order. 111. SECOND ORDER: 1. The Finding of Noncompliance is hereby accepted, the Respondent(s) not having corrected the attached violation(s) on or before SEPTEMBER 12, 2008. 2. The Respondent( s) is /are hereby ordered to correct the attached violation(s) and to pay a fine of $ 100. 00 per day for each day the violation( s) continue( s) beyond SEPTEMBER 12, 2008. The Respondent( s) is/ are 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 violation(s) has/ have been corrected. The Board also finds that since the Respondent failed to correct the violation as above before SEPTEMBER 12, 2008, that the Respondent owes an Administrative Fee of $325. 00 due and payable by the first day of the month following this order, to compensate the City for actual costs of prosecution to the date of the hearing. The Board may order additional Administrative Fees should the Respondent( s) fail to correct the violation(s) as ordered. a. In order to protect the health, safety, and welfare of the general public, the City of Fort Walton Beach may initiate proceedings, correct violation( s) 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 Respondem(s) shall constitute a lien against the land on which the aforesaid Code violation exist( s) and against any other real or personal property owned by the Respondent( s). c. Should the aforementioned lien remain unpaid three ( 3) months after the recording of this Second 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. 9 Page - 2 - 07- 00000852 r Attachment: CEB 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  C' . d. You have the right to request a fine reduction from the Code Enforcement Board pursuant to Florida Law and the Rules