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February 5, 2013 MANATEE COUNTY FLORIDA BERNARD L SISK AND MARION L SISK FAMILY TRUST 4503 124TH ST W CORTEZ, FL 34215 RE: File Number: CE 2013010735 Dear Property Owner: It has come to the attention of the Building and Development Services Department that unscreened outdoor storage and trash and debris ( wood, furniture, coolers, etc ) and a restricted vehicle including but not limited to an rv hooked up to utilities on your property located at 4503 124TH ST W, BRADENTON, FL (PIN# 7689100001 ). This constitutes a violation of Section 703.2.23.1 (Refuse Prohibited) and Section 703.2.20 (Screened Outdoor Storage) and Section 703.2.15.4 (Parking Of Restricted Vehicles, Including Commercial Vehicles - No Service Facilities Connected) of the Manatee County Land Development Code. Perhaps you were not previously aware of this regulation/ordinance. However, this letter is intended to give you written notice of such violation(s). You are required to correct the violation(s) by February 19, 2013. In order to correct the violation(s), all trash and debris must be removed and the items must be removed or screened from view as required by the Land Development Code and the utility connections must be removed. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case may be presented to the enforcement board even if the violation has been corrected prior to the board If, after February 19, 2013, the violation has not been corrected it will be necessary to schedule a hearing before the Manatee County Code Enforcement Board or Special Magistrate. In accordance with Florida Statutes, the Code Enforcement Board or Special Magistrate may assess fines up to $250.00 per day for each day the violation(s) exists beyond the date set for compliance or for each day the violation is repeated. If you require further assistance and or information, please contact Tom Wooten at (941) 737-2726 between the hours of 8:00A.M. and 4:30P .M. Monday through Friday. Sincerely, w J_ ten Co orcement Officer 91 7199 9991 7030 6635 0682 Bu ilding and Development Services Department- Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton, FL 34205 PHONE 941 748.2071 , FAX: 941 749.3094 www.mymanatee.org ., MS LARRY BUSTLE • MICHAEL GALLEN • JOHN R. CHAPPlE* ROBIN DiSABATINO • DONNA G. HAYES • CAROLWHI Dist ri ct 1 Dic::trir.t ? District :1 D1stnct 4 D1c::tnr.t '\ D1c::tnrt ;;; (JI '1u

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Page 1: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

February 5, 2013

MANATEE COUNTY FLORIDA

BERNARD L SISK AND MARION L SISK FAMILY TRUST 4503 124TH ST W CORTEZ, FL 34215

RE: File Number: CE 2013010735

Dear Property Owner:

It has come to the attention of the Building and Development Services Department that unscreened outdoor storage and trash and debris ( wood, furniture, coolers, etc ) and a restricted vehicle including but not limited to an rv hooked up to utilities on your property located at 4503 124TH ST W, BRADENTON, FL (PIN# 7689100001 ). This constitutes a violation of Section 703.2.23.1 (Refuse Prohibited) and Section 703.2.20 (Screened Outdoor Storage) and Section 703.2.15.4 (Parking Of Restricted Vehicles, Including Commercial Vehicles - No Service Facilities Connected) of the Manatee County Land Development Code.

Perhaps you were not previously aware of this regulation/ordinance. However, this letter is intended to give you written notice of such violation(s). You are required to correct the violation(s) by February 19, 2013. In order to correct the violation(s), all trash and debris must be removed and the items must be removed or screened from view as required by the Land Development Code and the utility connections must be removed.

If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearin~.

If, after February 19, 2013, the violation has not been corrected it will be necessary to schedule a hearing before the Manatee County Code Enforcement Board or Special Magistrate.

In accordance with Florida Statutes, the Code Enforcement Board or Special Magistrate may assess fines up to $250.00 per day for each day the violation(s) exists beyond the date set for compliance or for each day the violation is repeated.

If you require further assistance and or information, please contact Tom Wooten at (941) 737-2726 between the hours of 8:00A.M. and 4:30P.M. Monday through Friday.

Sincerely, w J_ ten

Co orcement Officer

91 7199 9991 7030 6635 0682

Building and Development Services Department- Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton , FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton, FL 34205

PHONE 941 748.2071 , FAX: 941 749.3094 www.mymanatee.org ., MS

LARRY BUSTLE • MICHAEL GALLEN • JOHN R. CHAPPlE* ROBIN DiSABATINO • DONNA G. HAYES • CAROLWHI ~~ri~0J~~ Distri ct 1 Dic::trir.t ? District :1 D1stnct 4 D1c::tnr.t '\ D1c::tnrt ;;; (JI '1u

Page 2: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

703.2.14.3 LAND DEVELOPMENT CODE

3. Historical or any fishing vessels which have been titled in the name of a 50l.C.3 non-profit organization in Cortez may be stored on site for up to three (3) years.

4. Vacant lots adjacent to residential structures which are under the same ownership may be used to store com­mercial fishing vessels and commer­cial fishing equipment so long as all storage is located at least fifteen (15) feet from the front property lines.

703.2.15. Parking of Restricted Vehicles, In­cluding Commercial Vehicles.

703.2.15.1. The parking of restricted ve­hicles is allowed subject to district regu­lations, Section 710, Offstreet Parking, and this Section.

703.2.15.2. The parking of restricted ve­hicles is allowed when unoccupied and stored in a garage, carport, building or approved off-street Vehicle Storage Area. The parking of Restricted Vehicles shall also be allowed in the side and rear yard of single family dwellings and duplexes.

703.2.15.3. Exceptions: Restricted Vehi­cles may be parked in the driveway, drive aisle, or parking stall of a front yard as follows:

When in an A or A-1 district;

Commercial vehicles parking as al­lowed in Section 703.2.14;

When part of a vehicle sales use permitted by district regulations and approved plans.

No restricted vehicle shall be parked or located in any utility or drainage ease­ment, visibility triangle, fire lane, walk­way, exitway, drive aisle, maneuvering area or landscape area.

703.2.15.4. No service facilities , such as water, sanitary, or electrical connections shall be attached, except that a tempo­rary electrical extension may be con­nected to the vehicle for battery charging; and at the time when ordinary repairs and maintenance is being performed.

Supp. No. 39 552

703.2.15.5. The parking in a driveway is permitted for a period of time, for the loading and unloading of materials in preparation for a trip or after returning from a trip, provided that such parking in no case shall exceed forty-eighty (48) con­secutive hours nor more than seventy-two (72) accumulated hours in any one thirty­day period.

703.2.15.6. The parking in a driveway is permitted, if the owner or occupant of the property is physically disabled requiring the use of such equipment as the principal motor vehicle for general purpose trans­portation, and displaying a handicapped parking permit pursuant to Chapter 320, Florida Statutes.

703.2.15.7. See Whitfield Residential (WR) and Restricted Vehicle (RV) Overlay Dis­tricts, Section 604.8 for additional limita­tions on restricted vehicles.

703.2.16. Porches, gazebos, and similar struc­tures.

703.2.17. Signs: see Section 724.

703.2.18. Solar heating equipment.

703.2.19. Statues, barbecue grills, flagpoles, arbors, trellises, and similar structures.

703.2.20. Screened outdoor storage to include a compost pile, on any residential lot, provided such storage is located to the rear of the dwell­ing, is screened from the view from the first story window of any neighboring dwelling, and the total area for such outside storage does not occupy more than two hundred (200) square feet on any residential lot.

703.2.20.1. Non-Residential Screened Out­door Storage. The outdoor storage of ve­hicles, heavy equipment, manufactured parts, or other similar items, shall be permitted as an accessory use in the HC, LM, HM, PDC, PDI, PDPI, and PDMU Districts. All outdoor storage areas shall be screened on all sides with a solid opaque, decorative fence a minimum of six (6) feet in height and landscaping meeting the requirements of Section 715. Outdoor stor-

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Page 3: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

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DEVELOPMENT STANDARDS 703.2.24.1

age shall be prohibited in any required yard. Vehicle sales display areas shall not be deemed to be outdoor storage. (See Sec. 704, Mini-Warehouses for more informa­tion.)

703.2.21. Storage of Commercial Fishing Equip­ment.

703.2.21.1. Storage of Commercial Fish­ing Equipment. The storage of commer­cial fishing equipment including crab traps, rollers, nets, coolers or similar equipment usually associated with commercial fish­ing shall be allowed on lots as well as in required yards in the Cortez Fishing Vil­lage Historical and Archaeological Over­lay District without the necessity to screen the equipment from view.

703.2.22. Storage structures and sheds, exclud­ing garages, provided no such structures, ac­cessory to a single family ·dwelling or duplex has a total aggregate gross floor area in excess offour hundred (400) square feet. Sheds smaller than one hundred twenty (120) square feet and eight (8) feet in height, measured from grade to roof ridge, are exempt from the required mini­mum rear and side setbacks on residential property, except within drainage and utility easements. For manufactured homes or recre­ational vehicles, no shed of any size shall be located within five (5) feet of any side or rear lot line, or be within that area ten (10) feet be­tween units, as may be applicable. No manu­factured home shall be used for storage of materials, parts, equipment or any other items in any zoning district.

703.2.23. Parking or Storage of Junk Vehicles or Refuse Prohibited. No junk vehicles, junk yard, scrap heaps, refuse piles, motor vehicle frame, vehicle body, or parts shall be stored on any property, public lands, rights-of-way or easements, unless expressly permitted by this Code, except when parked or stored in a com­pletely enclosed garage or building. On any A or A-1 zoned property three (3) vehicles com­monly referred to as street rods or antiques are permitted when not visible or screened from

Supp. No. 36 553

view from the street. Agricultural vehicles are exempted from the provisions of this Section when accessory to an agricultural use.

703.2.23.1. Also prohibited is the storage of trash, solid waste, rubbish, garbage, and sludge as stipulated by County Ordi­nance 85-11, which provides for manda­tory collection and disposal of solid waste.

703.2.24. Swimming pools, bathhouses, and screen enclosures are subject to the following requirements:

703.2.24.1. Location. All single-family swimming pools (whether above or below grade), portable spas, screen enclosures, and pool decks on grade may be located a minimum of five (5) feet from any lot line or shoreline in the side or rear yard, when measured from the outer periphery of the pool deck. When a portion of the screen enclosure does contain an impervious roof surface (non-screen material), all applica­ble district building setbacks must be met by that portion.

In zero lot line or similar type develop­ments, the smaller of the five (5) foot setback or the district setback shall apply. Whenever the setback is less than five (5) feet, the swimming pool, deck, or screen enclosure shall be screened from the neigh­boring property by a masonry wall a min­imum of six (6) feet in height and a maximum of eight (8) feet in height when measured from the finished floor grade.

Single-family swimming pools, pool cages, decks or patios, and screen enclosures associated with single-family homes shall not be considered a yard encroachment subject to Section 702.7.

Bathhouses and Public Swimming Pools shall meet the applicable district setback requirements.

No swimming pool, spa, deck or screen enclosure shall be located in an easement or drainage swale.

Page 4: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

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DEFINITIONS AND RULES OF CONSTRUCTION 201

studies, fishing, hiking, swimming, wildlife man­agement, or a similar activity as well as those support facilities associated with said uses.

Recreational Use, Rural shall mean any commer­cial or noncommercial recreational use, which by the nature of either the customary operation of the use or the noise impacts of such uses require that the use be located on a large parcel of land and is most appropriately located outside the urban area. Structures shall be limited to only minor or incidental buildings providing offioe and sanitary facilities. Allowed uses shall include, but not be limited to, gun and/or archery ranges, and off road vehicle facilities. This definition shall not include mtijor attractor or intensive recreational uses.

Recreational Use, Temporary shall mean any rec­reational facility which will be a temporary use such as carnivals, circuses, festivals, fairs, horse shows, dog shows, steeplechases, tent meetings, music festivals, turkey shoots, and similar activ­ities.

Recreational Vehicle shall mean any vehicular type, portable structure which is:

(A) Built on a single chassis;

(B) Four hundred (400) square feet or less when measured at the largest horizontal projection;

(C) Designed to be self-propelled, or perma­nently towable by a light duty truck; and

(D) Designed primarily not for use as a per­manent dwelling but as temporary living quarters for recreational, camping, travel or occasional use.

Recreational vehicles shall be deemed to include, but shall not be limited to, travel trailers, motor homes, camping trailers, campers, auto trucks, and recreational vans. A park trailer shall not be classified as a recreational vehicle for the pur­poses of this Code.

Recreational Vehicle Park shall mean a parcel of land where recreational vehicle sites are offered for placement of recreational vehicles for tran­sient use. Recreational vehicle parks may also include camping areas designated for the exclu­sive use of camping tents, camping trailers, pick-up

Supp. No. 40 103

coaches and vehicle conversions, provided that the specific designated areas are shown on the approved site plan.

Recreational Vehicle Park, Pre-FIRM shall mean any recreational vehicle park or subdivision built and operating before January 1, 1975.

Recreational Vehicle Sales. (See "Manufactured Home and Recreational Vehicle Sale, Rental and Leasing Establishment.")

Recreational Vehicle Site shall mean a designated area of land within a Recreational Vehicle Park, which is intended to be occupied by not more than one (1) recreational vehicle for a limited period of time.

Redevelopment shall mean the reconstruction, conversion, structural alteration or enlargement of any structure below the point where such improvement would constitute a substantial im­provement. For purposes of this definition, if substantial improvement is reached, the project shall be considered as new development (See "Substantial Improvement.")

In all Comprehensive Plan Land Use Categories for purposes of this definition and Policy 2.3.2.2, improvements below the Maximum Floor Area Ratio Caps shall be considered to be redevelop­ment, subject to the above limitations.

Recyclable Material shall mean those components of the waste stream which can be reused after separation or processing.

Religious Symbol shall mean crosses and other religious symbols which shall be considered as monuments, not signs.

Regional Park. (See "Park, Regional.")

Regularly Moored shall mean moored in the same general area at least eight (8) hours a day for ten (10) days in any month. General area means within a circle one-quarter {1/-t} mile in diameter.

Rental Service Establishment shall mean any premises where the principal use is the rental of tools, household, or gardening equipment, small appliances, musical instruments, apparel, sports equipment, or similar items. For the purposes of

Page 5: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

201 LAND DEVELOPMENT CODE

this Code, a rental service establishment shall not be deemed to include motor vehicle, sales, rental, and leasing establishments.

Repair Service Establishment shall mean any premises where the principal use is the repair and general service of common home items such as musical instruments, sewing machines, jew­elry, televisions and radios, bicycles, washing ma­chines, vacuum cleaners, power tools, electric razors, refrigerators and lawnmowers, or any premises where the principal use is taxidermy, gunsmithing, or similar uses, or interior decorat­ing to include reupholstering and the making of draperies, slipcovers and other similar articles, but not to include furniture or cabinet making establishments.

Repeat Violation shall mean one of the following:

(A) A violation of a provision of a code or ordinance by a person whom the Code Enforcement Board or Special Master has previously found to have violated the same provision within five (5) years; or

(B) An alleged violation that a citation or notice of violation has been issued for a violation of the same provision within five (5) years.

Required Yard. (See "Setback.")

Research and Development Activity shall mean any research, development, or prototype testing related to such fields as chemical, pharmaceuti­cal, medical, electrical, transportation, and engi­neering, provided such activities are conducted within entirely enclosed buildings and produce no noise, smoke, glare, vibration, or odor detectable outside the buildings.

Research Facility, Agricultural. (See "Agricul­tural Research Facility.")

Residential Care Facility, Large shall mean any Emergency Shelter, Emergency Shelter Home, or Group Care Home, with seventeen (17) persons or more, as defined herein. A residential care facility shall not be deemed to include a general hospital, residential treatment facility, recovery home, or nursing home.

Residential Care Facility, Small shall mean any Emergency Shelter, Emergency Shelter Home,

Supp. No. -1 0 104

Group Care Home, with sixteen (16) persons or less, as defined herein. A residential care facility shall not be deemed to include a general hospital, residential treatment facility, or nursing home.

Residential Development shall mean any residen­tial subdivision, manufactured home park or man­ufactured home subdivision, planned residential development, or planned commercial develop­ment involving residential dwelling units, includ­ing manufactured home dwellings but excluding hotels.

Residential Support Use shall mean any Church or Other House of Worship, Day Care Center, Day Care Facility (Accessory), Family Day Care Home, Environmental Education Facility, or School (whether it is elementary, middle, high, or college/ university; public or private; or school of special education).

Residential Treatment Facility shall mean any residential establishment, other than a nursing home, providing relatively intensive diagnostic or therapeutic services for its residents for alcohol­ism, drug abuse, mental illness, emotional prob­lems, development disabilities or similar condi­tions. A residential treatment facility shall not be deemed to include a nursing home, general hos­pital (as defined in Section 395.002(4) F.S. 1992 Supplement), group care home, dormitory (al­though a dormitory facility may be included as a part of a residential treatment facility), family care home, emergency shelter or emergency shel­ter home. Nothing in this Code shall prevent a residential treatment facility from having outpa­tients or a recovery home component.

Resource Recovery Facility shall mean any facility in which garbage, minerals, glass, tin cans, paper, rags, and other materials are reclaimed or con­verted into energy.

Restricted Vehicle shall mean any vehicle that qualifies as one of the following:

(A) A commercial vehicle.

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Page 6: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

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DEFINITIONS AND RULES OF CONSTRUCTION 201

(B) Motor homes, campers and house trailers, or any other vehicle in which the interior contains the facilities for any two (2) or more of the following personal needs: sleep­ing, food preparation, or toilet.

(C) Boats of any size regardless of whether the boat rests on a trailer or other sup­porting structure, except when docked in a navigable waterway or suspended from a davit immediately adjacent to a naviga­ble waterway.

(D) Trailers and other vehicles which are not self propelled and which are designed to be moved by other vehicles which are self propelled.

Re-Subdivision shall mean the further division, since May 4, 1981, of lots or the relocation of lot lines of any lot or lots within a subdivision previ­ously made and approved or recorded according to law that increases the density of any such subdi­vision or the alteration of any streets or the establishment of any new streets within any such subdivision, but shall not include conveyances made so as to combine existing lots by deed or other instrument.

Retail Sales, General shall mean any premises where the principal use is the sale of merchandise in small quantities, in broken lots or parcels, not in bulk, for the use or consumption by the imme­diate purchaser. This shall include but shall not be limited to apparel, shoes, appliances, art sup­plies, automotive supplies, camera and photogra­phy supplies, furniture, guns and ammunition, hardware supplies, toys, crafts, jewelry, lawn and garden supplies, retail nurseries, musical instru­ments and supplies, office equipment, office sup­plies, paint, wallpaper, pets, stereos, televisions, florists, tobacco shops, candy, nut and confection­ery shops, sporting goods, trading stamps and redemption outlets.

Retail Sales, Neighborhood Convenience shall mean any commercial establishment, or groupings thereof which generally serve the day-to-day commercial needs of a residential neighborhood which shall include but shall not be limited to food stores, convenience stores, drug stores, liquor stores,

Supp. No. :36 105

newsstands, bakeries, delicatessens, dairy prod­uct stores, meat and seafood shops, video rental and sales stores, and produce markets.

Retail Sales, Neighborhood General shall mean a commercial establishment or groupings thereof which generally serves more than the day-to-day commercial needs of a residential neighborhood, and which includes all uses listed under "Retail Sales, General" but which shall be limited to three thousand (3,000) square feet.

Retention shall mean storage of stormwater run­off for subsequent disposal by evapo-transpira­tion, percolation or filtration.

Retention Area or Facility shall mean any natural or artificially created area or facility for storm water retention.

Reverse Frontage Lot. (See "Lot, Reverse Front­age.")

Revolving Sign (a I k I a Rotating Sign). (See "Sign, Revolving.")

Rights-of-Way shall mean the strip of land over which facilities such as roads, highways, rail­roads, or power lines are built.

Road shall mean the area of pavement or other surface that is driven or travelled upon within a street right-of-way.

Road, Local shall mean a route which provides linkage from local roads or low traffic generators such as residences to more continuous highly traveled roads with a higher functional classifica­tion.

Roadside Sale of Agricultural Products shall mean the retail sale of fruit, vegetables, and other agricultural products accessory to the agricul­tural use which produced them.

Roadway Functional Classification System shall mean the system of existing and proposed streets that comprise the Roadway Functional Classifica­tion Map as described in the Traffic Circulation Element of the Comprehensive Plan.

Roll-off Container shall mean a container for storing solid wastes, ranging in size from ten (10) to forty (40) cubic yards and having rollers at­tached to the bottom.

Page 7: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

MANATEE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MANATEE COUNTY, FLORIDA

MANATEE COUNTY, a Political Subdivision of the State of Florida,

Petitioner, vs.

Case No. CE2013010735

BERNARD L SISK AND MARION L SISK FAMILY TRUST Respondents,

REFERRAL ORDER AND NOTICE OF HEARING

THIS MATTER came on for public hearing before the undersigned Special Magistrate on March 27. 2013 after due notice to the Respondents, and the Respondents having entered a plea of not in violation,

IT IS ORDERED That this matter be and is hereby scheduled for hearing before the Manatee County Code Enforcement Board on April 10. 201 3 at 9:00 a.m., or as soon thereafter as it may be heard, in Commission Chambers, Manatee County Administrative Complex, 1112 Manatee Avenue West, Bradenton, Florida.

Manatee County Code Enforcement Special Magistrate

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing Order has been furnished to the Respondents, BERNARD L SISK AND MARION L SISK FAMILY TRUST, 4503 124TH STREET,W~.ST, CORTEZ~ 34J15, by U.S. mail, and to the Manatee County Code Enforcement Division, this ~ day of (' , 2013 .

R.B. SHORE Clerk of Circuit Court Manatee County, Florida

By~dD eputyderk

Page 8: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

MANATEE COUNTY, FLORIDA SPECIAL MAGISTRATE

File No. CE 2013010735

COUNTY OF MANATEE Petitioner,

-vs-

BERNARD L SISK AND MARION L SISK FAMILY TRUST

Respondent.

To:

BERNARD L SISK AND MARION L SISK FAMILY TRUST 4503 124TH ST W CORTEZ, FL 34215

NOTICE OF HEARING

Pursuant to Chapter 162, Florida Statutes, and the Manatee County Land Development Code, please take notice that a hearing will be held before a Code Enforcement Special Magistrate regarding the Notice of Violation that was previously sent to you. The hearing will be held on WEDNESDAY, MARCH 27,2013, at 10:00 A.M., at the Manatee County Administrative Complex, 1112 Manatee Ave. W., Bradenton, Florida, Board Chambers, 1st floor.

At this hearing you will be expected to enter a plea of in violation or not in violation. If you enter a plea of in violation, you may be given an opportunity to eliminate the violation short of a fine being imposed. If you enter a plea of not in violation, this matter will be forwarded to the Code Enforcement Board for a hearing on WEDNESDAY, APRIL 10, 2013, at 9:00A.M. at the Board Chambers, 1st floor, Manatee County Administrative Complex,1112 Manatee Ave. W. , Bradenton, Florida.

A plea of not in violation may be entered in writing and may be mailed to Manatee County Code Enforcement Division, Post Office Box 1000, Bradenton, Florida 34206. If it is received before the date set for hearing before the Special Magistrate, you will not have to appear at the Special Magistrate hearing, but you should appear at the meeting of the Code Enforcement Board. If you file a written plea of not in violation, you will not receive a separate Notice of Hearing for the Code Enforcement Board.

If you do not enter a written plea of not in violation and fail to appear at the Special Magistrate hearing, or if your case is forwarded to the Code Enforcement Board and you fail to appear at the Code Enforcement Board meeting, you will be deemed to admit the violation and appropriate pen·alties may be imposed.

PLEASE GOVERN YOURSELF ACCORDINGLY. February 26, 2013

A person who decides to appeal any decision made by the Special Magistrate or the Code Enforcement Board with respect to any matter considered at a meeting or hearing will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

91 7199 9991 7030 7098 0134

Page 9: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

MANATEE COUNTY, FLORIDA CODE ENFORCEMENT BOARD/SPECIAL MAGISTRATE

Code Enforcement File Number: CE2013010735

MANATEE COUNTY Petitioner,

-vs-BERNARD L. & MARION L. SISK FAMILY TRUST,

Respondent. I --------------------------------

AFFIDAVIT OF POSTING

STATE OF FLORIDA} COUNTY OF MANATEE}

BEFORE ME, the undersigned authority, personally appeared Tom Wooten Code Enforcement Officer for the Manatee County Code Enforcement Division, who, after being duly sworn, deposes, and says:

1. That they are a resident of the state of Florida and employed by Manatee County government, and that they are over 21 years of age;

2. That they posted a copy ofthe Notice of Hearing and Statement of Violation in the above case on the 13th day of March 20 12, at the Manatee County Administrative Building located at 1112 Manatee Ave W, 1st Floor, Bradenton, Florida 34205, and at the address located at 4503 124th St. W. Bradenton.

3. That a copy of the document posted is attached to this Affidavit.

FURTHER AFFIANT SAYETH NOT

Dated this 13th __ __.=..;;;.,.;;:.;;. __ _

STATE OF FLORIDA} COUNTY OF MANATEE}

The foregoing instmment was acknowledged before me this 13th 2QJ3, by . Tom Wooten, who is personally known to me.

Signature of person takin .-\cknowledgm nt NOTARY PL'RLIC·ST.\TE OF FLORibA

........... Susan Marie Hunt {W \Commission# DD952595 "-.~/Expires: JAN. 14,2014 aoiiD~ THRU ATT.A.."mm:!IOND!NG CO., INC.

~otary Public Stamp

dayof ____ ~~=Ia=r~='h~-----

Page 10: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

MANATEE COUNTY CODE ENFORCEMENT BOARD

APRIL 10, 2013

Page 11: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

MANATEE COUNTY CODE ENFORCEMENT BOARD

APRIL 10, 2013

CE2013010735

Page 12: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735 • Tom Wooten, Manatee County Code

Enforcement Officer, I have been sworn • Respondent: Bernard L. & Marion L. Sisk

Family trust • Violation address: 4503 124th St. W.,

Bradenton, Parcel ID # 7689100001 • Zoned RSF 6 – Residential Single Family • Violation description: Trash and debris and

unscreened outdoor storage in violation of Sections 703.2.23.1 and 703.2.20 of the Manatee County Land Development Code. (Section 703.2.15.4 is now in compliance.)

Page 13: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735

• Initial inspection: 1/30/2013 • Initial Notice of Violation dated: 2/5/13 • Follow up inspections: 2/20/13, 3/13/13, 3/26/13

and 4/9/13 • Notice of Hearing dated: 2/26/13 • Notice of Hearing and Violation received: I posted the notice of hearing and violation

letters on the property and on the first floor of the County Administration building on 3-13-13

Case Summary

Page 14: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735 VIOLATION OF SECTIONS 703.2.23.1 & 703.2.20

10/10/06 11-17-06 01-27-09 01/27/09 01-27-09 10-28-08 4503 124th St. W., Bradenton

12/08/2011

Page 15: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735 VIOLATION OF SECTIONS 703.2.23.1 & 703.2.20

10/10/06 11-17-06 01-27-09 01/27/09 01-27-09 10-28-08 4503 124th St. W., Bradenton

12/08/2011

Page 16: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735 VIOLATION OF SECTIONS 703.2.23.1 & 703.2.20

10/10/06 11-17-06 01-27-09 01/27/09 01-27-09 10-28-08 4503 124th St. W., Bradenton

12/08/2011

Page 17: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735 VIOLATION OF SECTIONS 703.2.23.1 & 703.2.20

10/10/06 11-17-06 01-27-09 01/27/09 01-27-09 10-28-08 4503 124th St. W., Bradenton

12/08/2011

Page 18: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735 VIOLATION OF SECTIONS 703.2.23.1 & 703.2.20

10/10/06 11-17-06 01-27-09 01/27/09 01-27-09 10-28-08 4503 124th St. W., Bradenton

12/08/2011

Page 19: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735

• Case Photographs • Property Appraiser’s Parcel ID • Copy of this Presentation

Evidence Submittal

Page 20: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735

• Corrective action required: Trash and debris must be removed and the unscreened outdoor storage must be removed or stored to the rear of the dwelling in a screened area not more than 200 square feet.

• Recommended compliance date: 05/3/2013

• Recommended fine: A minimum fine of $100.00 and $75.00 per day per section until all violations are complied

Page 21: J...Building and Development Services Department-Code Enforcement Division Mailing Address P 0 Box 1000, Bradenton, FL 34206-1000: Street Address: 1112 Manatee Avenue West, Bradenton,

CE2013010735

• Mr. Chairman, I would like the corrective action specified in the findings of fact.

• This concludes my presentation.

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