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

am CITY OF FORT WALTON BEACH, FLORIDA YaU a CASE #: 09- 00000844 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, vs- JUAN P FLORES 3307 WILLOW CRESENT DR 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 December 9, 2009 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: L FINDINGS OF FACT: RESPONDENT( s): JUAN P FLORES 3307 WILLOW CRESENT DR SUBJECT: 41 SILVA DR NW LOT 15 BLK B SANTA MARKELLA S/ D Tax ID # 24- S2 - 14- 2170 -0008 -0150 Fort Walton Beach, Florida Okaloosa County The attached conditions, first observed on March 5, 2009, were found to exist on subject property. On October 26, 2009, 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 November 10, 2009. Re- inspection of subject property on November 10, 2009 revealed that said violation( s) had not been corrected. H. CONCLUSIONS OF LAW: E I utjv!' ° A_- L  MN 0np0 enpg tb - JaA1eM au13 luowaojolu3 apo0 jol )sonbeb : tZZZ) I Japro 648-60 930 7u8w40elw a 0N H o.Of 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 Yv remedy all of the cited violation( s), and is /are subject to the provisions of the Code of a Ordinances, City of Fort Walton Beach, Florida. 111. ORDER: L The Respondent( s) is /are to correct the attached violation(s) on or before December 19, 2009: 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 December 19, 2009, 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 December 19, 2009. 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 Respondents) failed to correct the violation as above before November 10, 2009, 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 w 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 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 tyke - 2 - 09 0000094 -  WN anuo eAJIS tq - 1aA1eM auij 1u0w63i0; u3 opoo jol isenboa : LZZZ) I Japio bb9- 60 890 : luawgeellt/ w a a property. Caution: Requesting a fine reduction does not extend the time for filing on appeal to the circuit court. Y u Pursuant to section 162. 11, Appeals, of the Florida Statutes, as amended, an aggrieved a° 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 December 9, 2009. MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF FORT WALTON BEACH FLORIDA t By: . i l Chairman, Code E rc meat Board) Paul Horn 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 day of By: — Code Enforcement Board Administrator Signature ( Please Print) Attachment Pag - 3 - N4X" M4 MN anlro enl! S lV - ianleM auld luawoojolu3 apoo jol lsonbea : IZZZ) I Japlo 648- 60 830 nuawyoallV Nro0 Violation Text a GRASS HEIGHT, DEVELOPED: SEC. 16.43. 1. T. Y FAILURE TO CUT AND MAINTAIN ALL GRASS AND WEEDS TO A_ am HEIGHT OF 12" OR LESS. Violation Description Section 16.43 Residential and Commercial Property Maintenance All premises 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 w - ays. Violation Text HOUSE NUMBER REQUIREMENT: SEC. 10.93. 08 FAILURE TO DISPLAY HOUSE NUMBERS AS REQUIRED BY CODE. _ Violation Description Section 10. 93. 08 Standards For Street Address Numbers All principal buildings in the city shall he assigned address numbers and shall display such assigned numbers, whether or not mail is delivered to such locations. Numbers need not be displayed on accessory buildings. Docks and _ piers shall be assigned the same number as the principal _ building, or, for vacant lots the same number as would be assigned a principal building if existing. Physical numbering shall conform to the following minimum standards: 1) Assigned numbers for principal buildings shall be F: isplayed and clear_ly visible and legible, from the street _ r rivate way on which the building fronts. Numbers shall e Arabic numerals not less than three ( 3) inches in and one -half inch in width, and preferably of reflective material. Numbers must be in a color contrasting to the building or other back ound. Violation Corrective Action Install house numbers on principal building/house as specified in Section 10.93. 08 ( above). Violation Text FENCE MAINTENANCE: SEC. 16. 43. 1. A. B. X. FAILURE TO REPAIR AND MAINTAIN DAMAGED AND DETERIORATED FENCING. Violation Des—" [ ion Section 16. 43 PROPERTY MAINTENANCE Page - 4 - U9-0OMW MN anua enllg tb - JanleM au1=l tuowao4o ;u3 opoo iol Isonbzy : tZZZ) I roPJO 448- 60 830 WOURIOegy e0n Residential and Commercial Propert Maintenance. a A. All remises shall be maintained in compliance with the a standards in this section. B. Standards for improved property. o.m X.