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

Fences and walls. Fences and walls shall be maintained in a safe and structurally sound condition, in good repair_ with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. Violation Corrective Action Repair and maintain all damaged or deteriorated fencing & walls. Obtain permit when applicable. Page- 5 - 09-00000844  MN anuo enp8 V - JanleM au1 J luawaojoju3 apoo jo; 3sanbay : tZZZ) I JaPJO b48- 60 930 quaw43e11y a u Y a  MN 0A! JO enpg Lb - JaAieM au! A tuawoojoluil apoo joI isenbab : tZZZ) II rapio b48- 60 830 auawyoeuy e 1 N M N CODE ENFORCEMENT BOARD Y CITY OF FORT WALTON BEACH, FLORIDA a CASE NO: 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) 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 February 10, 2010, after due notice to the Respondent( s), and the Board, having issued Findings of Fact, Conclusions of Law and Order on December 9, 2009 with regard to this case, hereby issues its further Findings of Fact, Conclusions of Law, and Second Order, as follows: L FINDINGS OF FACT: The Respondent(s), whose mailing address is 3307 WILLOW CRESENT DR, APT T2, VA, 220302681 is/ are the owner( s) /person( s) in charge of the property described as follows: SUBJECT: 41 SILVA DR NW LOT 15 BLK B SANTA MARKELLA S/ D Tax 113# 24- S2- 14- 2170 -000B -0150 Fort Walton Beach, Florida Okaloosa County The attached condition(s), first observed on March 5, 2009, was/ 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 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 November 10, 2009. Re- inspection of the subject property on November 10, 2009 revealed that said violation(s) had not been corrected. After due notice to the Respondent(s), this case was brought for public hearing  WN anu( 3 e^ I! S tV - ran! eryl au13 JUBWa310Ju3 apo3 jol isenbab : IZZZ) II Japio VV8- 60 933 :luawyoelltl Mu ° N N aOt before the Board on December 9, 2009. The Board found that the violation( s) did exist, and s ordered the Respondent( s) to correct said violation( s) on or before December 19, 2009. n a Re- inspection of subject property on December 19, 2009 verified that said violation( s) had not been corrected as ordered. D. CONCLUSIONS OF LAW: The Respondents, by reason of the foregoing facts, did not comply with the December 9, 2009 Order of this Board, in that the Respondents did not correct the cited violation(s) on or before December 19, 2009, 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 December 19, 2009. 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 December 19, 2009. 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 December 19, 2009, 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. 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 Page - 2 - 09- 00000844  MN oApO eAJIS Lb - JaAIeM aui3 1u6w03J0lu3 opo0 j01 tsenbea : LZZZ) II iapi0 bV8 -60 930 :tuawyoetty O V N M imposing a fine shall be Sled in the Okaloosa County Records as a hen against your property. Y Caution: Requesting a fine reduction does not extend the time for filing on appeal to the n a 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 February 10, 2010 CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH ORIDA By: Chairman, Paul Horn C;( e E orcement 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 By: rU Code Enforcement Board Administrator A4ie y1e# - 4f Signature ( Please Print) Attachment Page - 3 - 09- 00000844  WN aAIJU UAJIS tr - raAieM aui3 7U3 W03J0lu3 apo0 jol tsanban : LZZZ) II JaPJO 448-60 930 WOWLIOatlV mN L Violation Text a YU a GRASS HEIGHT, DEVELOPED: SEC. 16. 43. 1. T. FAILURE TO CUT AND MAINTAIN ALL GRASS AND WEEDS TO A HEIGHT OF 12" OR LESS. Violation Description Section 16. 43 Residential and Commercial Propert Maintenance All remises shall be maintained in com liance with the standards in this section. 16. 43. 1. Standards for improved roperty. 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-ways. Violation Text HOUSE NUMBER REQUIRE 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 rinci al buildings in the city shall be assi ed 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 he assigned a principal building