Fort Walton Beach Council agenda — 03-26-13--regular — reading text

vs- KATHITHOMAS 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): 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- 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. x m EXHIBIT NNa Attachment: CEB 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  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/we 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. mv P, g - 2 - 07- 00000852 N Attachment: CEB 07 852 Case Filet ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  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 Horr 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), thisj'ji_- day of By: Ed Moore Code Enforcement Board Administrator Signature Attachment 4 Page - 3 - 07- 00000852 N N W Attachment: CEB 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country  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 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 re aired usin like materials to the existing materials. Violation Corrective Action Obtain required permits and repair all damaged or deteriorated roof materials. amnc Page - 6 - Or 00000852 - mq A N Attachment: CEB 07 852 Case File 1 ( 2246: Request for Code Enforcement Fine Waiver - 653 Country 611VOProar ITONetACN fees Sciectipn 0 1x Ia ® .® . 811/ 121108 0:3203PM i. nom rnyB type I OL0052 ROOFNNNTENAN1 Rpgrty ayM1OSe, ID 653MUNTWMBAVE NE T_ wrall Brnbr, orris Select ID Apph, 1 Prey OU5 U CM1arpe Dip Rpptietl Date Paid JJIFEE- FEES 325. 00 8119/ 08 00 FINES 30 08 ISBRTEMENT 00 OB E RBRTMT 30 OB L RBATEMT 30 00 Ealt I c-- 1 9 9dn n mm u Attachment: CEB 07 652 Case Filet ( 2246 : Request far Code Enforcement Fine Waiver - 653 Country u  EXHIBITS NAME: KATHI THOMAS CODE ENFORCEMENT CASE # 07 -852 ADDRESS: 653 COLINTRY CI LIR AVE NF EXHIBIT A— Case History Report. EXHIBIT B — List of Exhibits. EXHIBIT C — Notice of Hearing and Proof of Service. EXHIBIT D — Notice of Violation and Proof of Service. EXHIBIT E — Copy of Inspector's qualifications. EXHIBIT F — Copy of tax record showing the property' s ownership. EXHIBIT G — Photos of the violation. EXHIBIT H — EXHIBIT I — EXHIBIT J — EXHIBIT - B m m I Attachment: CEB 07 852 Case File 1 ( 2246 : Request for Code Enforcement Fine Waiver - 653 Country  C y,K a Code Enforcement Board City of Fort Walton Beach