Fort Walton Beach Council agenda — 05-25-2010 Regular — reading text

FOLLOWING SES: t.v, Print Name: Seal) Print Nane. STATE OF: FLORIDA COUNTY OF: OKALOOSA THE FOREGOING INSTRUMENT was acknowledged before me this day of , 2006 by JODY GODWIN, AN UNMARRIED WOMAN X who is/are personally known to me I who hasihave produced a Driver' s license as proper identificati n; SEAL) NOTARffUbLIC Print Name: Elli Rahmon My Commission Expires: OD610320 mtss0 # s Exptre: ; ebruary 12, 2010 soassaao+ ." tAk- 000a - N_ 01 A, VILE # 2363198 RCD: 09/ 19/ 2006 @ 10: 06 AM, BK: 2736 PG: 2263 RECORDING: 19. 50 RECORDING ARTICLE V: $ 16. 00 DEPUTY CLERK PDUNN DON W.- HOWARD, CLERK OF COURTS, OKALOOSA COUNTY 7L CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA X CASE NO: 06- 00000395 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, JODY R GODWIN P O BOX 813 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 September 13, 2006, after due notice to the Respondent( s), and the Board, having issued Findings of Fact, Conclusions of Law and Order on July 12, 2006 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 P O BOX 813, , FL, 32540 is/are the owner(s) /person(s) in charge of the property described as follows: SUBJECT: 205 FLORIDA PL SE 44.68 FT FOR BEG S 50 FT BEG NE COR OF NW1 /4 W Tax ID # 24 -S2 -24 -0000- 0093 -0000 Fort Walton Beach, Florida Okaloosa County The attached condition( s), first observed on March 1, 2006, was/were found to exist on subject property. On March 8, 2006, 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 April 7, 2006. BK: 2736 PG: 2264 Re- inspection of the subject property on April 7, 2006 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 July 12, 2006. The Board found that the violation(s) did exist, and ordered the Respondent(s) to correct said violation(s) on or before August 11, 2006. Re- inspection of subject property on August 11, 2006 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 July 12, 2006 Order of this Board, in that the Respondents did not correct the cited violation(s) on or before August 11, 2006, as specified in said Order. III. SECOND ORDER: 1. The Finding of Noncompliance is hereby accepted, the Respondent( s) not having corrected the attached violation(s) on or before August 11, 2006. 2. The Respondent( s) is/are hereby ordered to correct the attached violation(s) and to pay a fine of $250.00 per day for each day the violation(s) continue(s) beyond August 11, 2006. 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 August 11, 2006, 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 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. Page - 2 - 06 -00000395 BK: 2736 PG: 2265 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 flue 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 September 139 2006 CODE ENFORCE NT BOARD CITY OF FORT WA O BEAC , FLORIDA By: airman, Code Enforcement Board) Paul Horn I HEREBY CERTIFY that a true and correct copy of the foregoing Action and Second Order has been mailed to the Respondent(s), this P ) day of (A. t- ). . a. A 00 ! By. Code Enforcement Board Administrator 004 40: 4i 114 / Signature (Please Print) Attachment CERTIFIED A TRUE AND CORRECT COPY CITY10F FORT WALTON BEACH H N ENC , C CLERK. BY: DATE: Page - 3 - 06- 00000395 BK: 2736 PG: 2266 Violation Text ROOF MAINTENANCE: SEC. 3. 10.06 (2)&( M FAILURE TO REPAIR AND MAINTAIN DETERIORATED ROOFING. Violation Description Section 3. 10.06 Responsibilities of Owner It shall be the duty and rmponsibility of the owner of the remises to maintain the premises so that: 2 The remises shall be free of loose and overhanging objects, which, by reason of location above ground level, constitute a danger of falling on rsons in the vicinity thereof. 34 Roofs shall be covered with roofing material suitable for ex sure to the elements pMuant 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