HomeMy WebLinkAboutState Road 434 West 250 (Realty Income Properties 29, LLC) Case #2017CE000965 - REPEAT VIOLATION Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2021137607 Book:10072 Page:1594-1596; (3 PAGES) RCD: 10/19/2021 10:09:38 AM
REC FEE $27.00
® � CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
° 1959 ° WINTER SPRINGS, FLORIDA 32708-2799
�q ss TELEPHONE: (407)327-1800
G00wE.1RJ... FACSIMILE: (407)327-4753
WEBSITE:www.winterspringsfl.org
CODE ENFORCEMENT BOARD
THE CITY OF WINTER SPRINGS, Case#2017CE000965
A Florida municipal corporation,
Complainant,
V.
Realty Income Properties,29,LLC
Owner of the Property located at:
250 West State Road 434
Winter Springs,Florida 32708
Parcel: 34-20-30-5AV-1800-OOAO
Respondent,
ORDER IMPOSING PENALTY ON REPEAT VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the Code
Enforcement Board of the City of Winter Springs, Florida, on September 28, 2021 to determine whether
the above-referenced Property is currently in compliance with the City of Winter Springs Code of
Ordinances ("City Code"), and whether an order imposing penalty on repeat violation should be entered
against Respondent. The Board,having heard the arguments of the parties and the evidence presented and
having reviewed the records and being otherwise fully advised,makes the following Findings of Fact and
Conclusions of Law incorporated into this Order as set forth herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board
finds:
1. That the property at issue in this matter is located at 250 West State Road 434, Winter
Springs,Florida 32708 ("Property") and is assigned the following Parcel ID#34-20-30-5AV-1800-OOAO.
The Property is owned by Realty Income Properties, 29, LLC ("Respondent").
2. The Respondent was provided a Notice of Repeat Violation Rehearing in accordance with
Section 2-61 of the City Code, consistent with sections 162.06 and 162.12, Florida Statutes. This repeat
violation was originally heard on August 24, 2021 and a relevant Order Imposing Penalty on Repeat
Violation issued on September 2, 2021 ("Prior Order Imposing Penalty"). City Code Enforcement staff
requested that the Code Enforcement Board re-hear the matter to ensure that the Respondent's full name
Book 10072 Page 1595
Instrument#2021137607
CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CASE#2017CE000965
SEPTEMBER 28,2021
PAGE 2 OF 3
was properly noticed, and enter an order to replace the Board's Prior Order Imposing Penalty. Respondent
was not present during the hearing and submitted no objections in relation to the properly noticed hearing.
3. Respondent has previously been found in violation of Section 13-2 (c) Junk and Debris /
Dead Landscaping, City Code, in the past five (5) years. Therefore, in accordance with Section 2-60(d),
City Code and Section 162.06(3), Florida Statutes, Respondent may be found in repeat violation of the
aforementioned City Code provisions. Respondent's prior violation(s) of Sections 13-2 (c) Junk and
Debris / Dead Landscaping, City Code, are memorialized in a September 8, 2017 Order Imposing Fine
(First Violation) of the Code Enforcement Board, which is recorded in Official Records Book 8998 Page
465, Public Records of Seminole County, Florida.
4. That a repeat violation of Sections 13-2 (c) Junk and Debris / Dead Landscaping, City
Code, existed upon the Property on September 8, 2021 and continues to exist.
5. That Respondent either failed or refused to correct such repeat violation, and,that the City
was not required to give Respondent a reasonable time to correct the repeat violation.
6. That based on the testimony and evidence presented at the hearing of September 28, 2021,
Respondent was found in repeat violation of the City Code, to wit: Section(s) 13-2(c) Junk and Debris /
Dead Landscaping, City Code. Respondent was found in Non-Compliance at the time of the Hearing.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. That the Respondent pay to the City of Winter Springs a daily fine in the amount of FIVE
HUNDRED DOLLARS ($500.00)for each and every day the violation(s)existed and continues to exist,
beginning on September 8,2021 and continuing to accrue daily until the City is informed of and verifies
compliance with Section 13-2(c),Junk and Debris/Dead Landscaping, City Code. This Order Imposing
Penalty on Repeat Violation shall replace and supersede the Code Enforcement Board's Prior Order
Imposing Penalty.
2. That the Clerk of the Code Enforcement Board may record a certified copy of this Order
in the public records for Seminole County,Florida,which,pursuant to section 162.09(3),Florida Statutes,
shall serve as a lien against the Property and any other real or personal property owned by the Respondent.
3. That any and all future recurrence(s) of any violation(s) addressed herein shall necessitate
further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an
opportunity to correct such violation(s) and that the Code Enforcement Board,upon finding such repeat
violation(s) exist(s), may impose a fine not to exceed Five-Hundred Dollars ($500.00)per day for each
repeat violation,beginning on the first day the repeat violation(s)is/are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary action
against the Respondent to enforce this Order in accordance with Section 162.09,Florida Statutes, and City
of Winter Springs Code, Chapter 2, Article III, Division 2.
(Execution Page Follows)
Book 10072 Page 1596
Instrument#2021137607
CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CASE#2017CE000965
SEPTEMBER 28,2021
PAGE 3 OF 3
DONE AND ORDERED at Winter Springs, Florida, this day of October, 2021.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS, FLORIDA
y r..
Matt Criswell`, Chairperson
7017 240o 000o ti 979 1670
Copies furnished to: CERTIFIED MAIL 0909 9009 9090-0060 6660
Realty Income Properties,29, LLC
Attn: Family Dollar Stores, Inc.
500 Volvo Parkway
#28915
Chesapeake,VA 23320-1604
1 hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on Repeat Violation has been furnished by certified mail to the Respondent(s) and/or Respondent's
authorized representative on this 15%day of e- v kf,-er 2021.
Christian Gowan, Board Secretary
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