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Home My WebLink About2016 08 23 Public Hearing 600 - Non-Compliance Case - 3271 North US Highway 17-92CODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: August Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 28, 2016 PAGE 10 OF 21 VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 504. Code Enforcement Division — Police Department CASE #2016CE000876 Racetrac Petroleum Inc. Ryan LLC CIO Rick Perez 3271 North US Highway 17 -92 Winter Springs, Florida 32708 City Code 9 -374. — Posting Of Numbers. City Code 13-1. — General Prohibition. City Code 13 -2.(b) Junk And Debris City Code 13 -2.(c) Overgrown Yard And Yard Waste IPMC 108.1.1 Unsafe Structures. IPMC 301.3 Vacant Structures And Land. IPMC 302.3 Sidewalk And Driveways. IPMC 304.15 Doors. IPMC 304.18 Building Security. IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. (Signs) IPMC 304.9 Overhang Extensions. Inspector: Code Officer Terri Guerra First, Code Officer Guerra introduced the Case and submitted into Evidence, "WS -1" the presentation and "WS -2" the Return Receipt. Code Officer Guerra testified, "On March 281h, 2016 I observed a vacant property, which used to be the old Hess gas station, deteriorating. There are no visible building numbers. The bushes and grass are overgrown. There is yard waste all over property and a tarp with other miscellaneous trash scattered around the property. There is also a pile of used tires next to the main building. The front door glass pane is broken allowing access to the interior of the building. The main overhang area covering, where the gas refueling area was, is deteriorating and showing excess amounts of rust in many areas. The old signs that were used to advertise gas prices are missing panels and are in need of repair or removal. There is black and green growth all over the outside of the building and fence area. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 28, 2016 PAGE 1 I OF 21 On March 29`h, 2016 Notice of Code Violation was sent to owner on record. On April 5t', 2016 the United States Postal Service website advised letter was Undeliverable. On May l Itb, 2016 the Notice of Code Violation was Posted at the property due to the letter being returned. Code Officer McLaren removed twelve (12) tires from the property due to concern of mosquitoes breeding in the tires. Notice of Remedy for tire removal was also Posted on property and mailed to the owner. On June 13th, 2016 a Notice of Code Board Posted at property and mailed Certified and First Class to the owner of property. On June 16t`, 2016 the Notice of Code Board was signed for as Received." Next, Code Officer Guerra referred to photographs from "WS -1" with additional comments. Code Officer Guerra then stated, "There has been no other contact from owner of the property at this time. I am recommending the owner of property given until July 19th, 2016 to correct the Violations. If Violations are not corrected, a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Senior Attorney Nix clarified that Violation of International Property Maintenance Code 108. 1.1 is the Violation being pursued. Comments followed about the history of the property. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JULY 19TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. ��NTER F SA O .p LIN-. vti wE tP CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, vs. RESPONDENT PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on August 23, 2016 the Code Enforcement Board will hold a hearing to determine if the property described below is still in violation after their order was issued on: June 28, 2016. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address: 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk & Driveways >>enter comment here« IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas IPMC 304.9 Overhang Extensions WS 13 -1 General Prohibition WS 13 -2(b) Junk & Debris There is a large grey tarp on the ground. A pile of used /discarded tires next to the main building. Trash scattered around parking lot. WS 13 -2(c) Unsanitary / Overgrown Grass and bushed overgrown. There is a vine growing up onto the roof of the building. WS 9 -374 Posting of Numbers I No visible identification numbers. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to per day for each day the violation continues and you can be charged for the costs that are incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Florida State Statute Section 162.09. The hearing is conducted within guidelines of City of Winter Springs Code 2 -60 and Florida State Statutes Chapter 162. You may appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in this case. You have the right to present evidence, exhibits, written and oral testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City Of Winter Springs Clerk's Office. In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing. I certify a copy of this document was sent by Certified Mail on 8/8/2016, posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 1747 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.108 -1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC.302 -3 - Sidewalks and All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept Driveways in a proper state of repair, and maintained free from hazardous conditions. IPMC.304 -15 - Doors All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304 -18 - Building Security Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304 -2 - Protective All exterior surfaces, including but not limited to, doors, door and window frames, cornices, Treatment porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior y wood surfaces, other than decayresistantwoods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC.304 -8 - Decorative All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative Features features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304 -9 - Overhang All overhang extensions including, but not limited to canopies, marquees, signs, metal Extensions awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. Winter Springs City Nothing may be done on any lot which may become an annoyance or nuisance to the Ordinance.13 -1- - neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 13-2-(b) - wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him /her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. Winter Springs City The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance.13 -2 -(c) - other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or material tending by its existence and /or accumulation to endanger or adversely affect of health, safety, lives, and /or welfare of the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. Winter Springs City Ordinance- Each building in the corporate limits of the city shall have its assigned building number 9 -374 - Posting Of Numbers property displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1) The building address number shall be affixed to the building front or facade as defined in section 9 -370 or to a separate structure such as both sides of a mailbox, post, wall, fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2) Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3) inches in height and one -half inch in width. (4) Numerals shall be made of a durable weather - resistant material permanently affixed to the front of the building or structure. ATURE OFC TERRI GUERRA 61 WINTER SPRINGS POLICE DEPARTMENT 'CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD August 9, 2016 RACETRAC PETROLEUM INC , , , �.1�NTER O s4 ,v OFC TERRI GUERRA, has re- inspected the property at 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 on August 9, 2016. The property has been found to be in non - compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on: June 28, 2016. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk & Driveways —enter comment here« IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13 -1 General Prohibition WS 13 -2(b) Junk & Debris There is a large grey tarp on the ground. A pile of used /discarded tires next to the main building. Trash scattered around parking lot. WS 13 -2(c) Unsanitary / Overgrown Grass and bushed overgrown. There is a vine growing up onto the roof of the building. WS 9 -374 Posting of Numbers No visible identification numbers. 'SidNAITLIRE 6ATE OFC TERRI GUERRA SIGNATURE OF NOTARY qAtE C.A.L.E.A and State of Florida Accredited Agency Valerie A. Rkkik* NOTARY PUBLIC STATE OF FLORIDA Convn# FF901822 Expires 7/21/2019 STAMP: 11! USPS.com® - USPS Tracking® English Customer Service USPS Mobile" Page 1 of 1 Register I Sign In aUSPS.COm' Customer Service > USPSTracking® E3 Have questions? We're hereto help. J Get Easy Tracking Updates > Sign up for My USPS. Tracking Number: 70140150000163361747 t Product & Tracking Information Postal Product: Features: Contact Us Certified Mail's DATE & TIME STATUS OF ITEM LOCATION August 12, 2016, 11:18 am Delivered, Front FORT Desk/Reception LAUDERDALE, FL 33301 Your item was delivered to the front desk or reception area at 11:18 am on August 12, 2016 in FORT LAUDERDALE, FL 33301, Track Another Package Tracking (or receipt) number _ Track It HELPFUL LINKS ON ABOUT.USPS.COM Contact Us About USPS Home Site Index Newsroom FAQs USPS Service Updates Forms & Publications Government Services Careers Copyright 02016 USPS. All Rights Reserved. OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer National Postal Museum Resources for Developers Available Actions Text Updates Email Updates Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS > fl�* LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data https:H tools. usps. com/ go/ TrackConfirmAction ?gtc_tLabelsl= 70140150000163361747 8/15/2016 S � A z CITY OF WINTER SPRINGS, FLORIDA 0 U fn 1126 EAST STATE ROAD 434 omted• �n��1959 a WINTER SPRINGS, FLORIDA 32708-2799 111*V C"1 TELEPHONE: (407)327-1800 C0D WEI FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE000876 A Florida municipal corporation, Complainant, V. Racetrac Petroleum Inc.Ryan LLC C/O Rick Perez Owner of the Property located at: 3271 North US Highway 17-92 Longwood,Florida 32750 Parcel: 22-20-30-300-0290-0000 Respondent, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (FIRST 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 June 28, 2016 to determine whether any violations of the City of Winter Springs Code of Ordinances ("City Code") exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, issues the following Findings of Fact and Conclusions of Law which are 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 Respondent was provided a Notice of Violation in accordance with Section 2-59 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 9-374. — Posting Of Numbers., 13-1. — General Prohibition., 13-2.(b) Junk And Debris, and 13-2.(c) Unsanitary / Overgrown of the City Code and 108.1.1 Unsafe Structures., 301.3 Vacant Structures And Land., 302.3 Sidewalk And Driveways., 304.15 Doors., 304.18 Building Security., 304.2 Protective Treatment., 304.8 Decorative Features. (Signs), 304.9 Overhang Extensions. of the International Property Maintenance Code exists or existed CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000876 JUNE 28,2016 PAGE 2 OF 3 upon the Property and that Respondent was further provided a reasonable time to correct said violation(s); 3. That Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; 4. That the Respondent was provided Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes and was not present at the hearing; 5. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 9-374. —Posting Of Numbers., 13-1. —General Prohibition., 13-2.(b) Junk And Debris, 13- 2.(c) Unsanitary/ Overgrown of the City Code and 108.1.1 Unsafe Structures., 301.3 Vacant Structures And Land., 302.3 Sidewalk And Driveways., 304.15 Doors., 304.18 Building Security., 304.2 Protective Treatment., 304.8 Decorative Features. (Signs), 304.9 Overhang Extensions. of the International Property Maintenance Code; 6. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s) violation(s) of the City of Winter Springs Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until July 19, 2016 to correct the violation(s) of the City Code on the Property; 2. If Respondent fails to correct the violation(s) within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be entered in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) per day until the violation(s) come(s) into compliance. Respondent shall be responsible to provide notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein, after same have been corrected, shall necessitate further proceedings before the Board. While the Code Enforcement Officer shall give Respondent notice of the repeat violation, the Code Enforcement Officer is not required to provide Respondent(s) a reasonable time to correct such repeat violation(s). The Board, upon finding such repeat violation(s) exist(s), may impose a fine not to exceed Five Hundred Dollars ($500.00) for each day the repeat violation continues, beginning with the date the repeat violation is CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000876 JUNE 28,2016 PAGE 3 OF 3 found to have occurred by the Code Enforcement Officer. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article DONE AND ORDERED at Winter Springs, Florida, this C07 day of July, 2016, nunc pro tunc to June 28, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA A�� eo_e�� regg R66 , Chairperson Copies furnished to: CERTIFIED MAIL 7015 6040 0000 0518 4456 Racetrac Petroleum Inc. Ryan LLC C/O Rick Perez, Respondent 500 East Broward Boulevard, Suite 2300 Ft. Lauderdale, Florida 33394, Case File#2016CE000876 I hereby certify that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law and Order (First Violation) has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized representative on this _day of July, 2016. Antonia Della Donna, Board Secretary