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Home My WebLink About2016 09 27 Public Hearings 504 - New Cases - 140 North Devon AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 504 REQUEST: September Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. USPS.com® - USPS Tracking® Page 1 of 2 English Customer Service USPS Mobile C //��/ (/�'(/'�J/l�/ // Register 1 Sign In �ujl situ/" Still Have Questions? USPSTracking® Browse our FAQs> Get Easy Tracking Updates > Sign up for My USPS. Tracking Number: 70140150000163369927 Product & Tracking Information Postal Product: Features: Certified Mail - DATE S TIME STATUS OF ITEM LOCATION September 17, 2016 , 12:20 Departed USPS Facility FORT MYERS, FL 33913 pm Your item departed our USPS facility in FORT MYERS, FL 33913 on September 17, 2016 at 12.20 pm. The item is currently in transit to the destination. September 16, 2016 , 6:27 Arrived at USPS Facility FORT MYERS, FL 33913 pm September 10, 2016 , 11:36 Undeliverable as Addressed WINTER am SPRINGS, FL 32708 September 10, 2016 , 2:21 am Arrived at USPS Facility MID FLORIDA, FL 32799 September 8, 2016 , 9:05 pm Departed USPS Facility ORLANDO, FL 32862 September 8, 2016 , 7:42 pm Arrived at USPS Facility ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number Track It Available Actions Text Updates Email Updates Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. 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No.; � b N or PO Box No. 'VK� 5 FL 3U /� Ciry, State, ZIP +4 300, August zoos r'"'"` W 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 POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 140 N DEVON AVE WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE001872 Posted on the following date: September 6, 2016 JJ�NTE? o S� > Z t The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN NOTARY SIGNA E DATE AY PQ TERRI LYNN GUERRA Notary Public - State of Florida 8 my Comm. Expires Nov 16. 2018 Commission N FF 176553 Bonded tlm* National Notary Asm. STAM P: ��NTER Q SA O -p J to CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001872 PETITIONER, vs. RESPONDENT PARCEL OWNER: CITED PARTY: SMITH GRACE E HEIRS 140 N DEVON AVE WINTER SPRINGS, FL 32708 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on September 27, 2016 the Code Enforcement Board will hold a hearing to determine why you should not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 140 N DEVON AVE WINTER SPRINGS, FL 32708 Property Owner Name: SMITH GRACE E Property Owner Address: 140 N DEVON AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 13 -2(b) Junk & Debris Yard both front and rear must be clear of any and all yard waste WS 19 -2(a) All required to Use Solid Waste All items being disposed of in trash pickup must be from residential consumption - no Services items from commercial consumption as it is in violation of the City Franchise agreement with Garage company WS 20 -432 Commercial Vehicles - Definitions Commercial Trailers can not be stored on property WS20- 452(a5) No exterior storage or There is no exterior storage or display on premises of material or equipment used as display a part of Business 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 9/6/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 70140150000162562688 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 1 3-2-(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 All property owners shall be required to utilize the solid waste services provided by the city in Ordinance. 1 9-2-(a) - All accordance with any applicable solid waste franchise awarded by the city and in accordance Required to Use Solid Waste with other applicable law. Services Winter Springs City Ordinance- For purposes of this chapter, commercial vehicles are defined to be all trailers, over sized 20 -432 - Commercial vehicle— vehicles, commercially registered vehicles, and construction equipment of any type used in or Definition designed to be used in business; all vehicles temporarily or permanently designed to accommodate, support, house, store, deliver or transport material, supplies, equipment machinery or power plants of all types; all construction related equipment; and all vehicles of any type, trailers and construction equipment upon which a business name or sign is permanently or temporarily affixed. Winter Springs City There shall be no exterior storage or display on the premises of material or equipment used as Ordinance.20- 452- (a)(5) - no a part of the home occupation or home office. Commercial vehicles shall be regulated exterior storage or display pursuant to section 20 -431 et seq. of the City Code. SIGNATURE Inspector • Complete items i; ru ' ti Ln nj —D Postage $ r I Certified Fee M Q(Endorsement Return Receipt Fee Required) Postmark Here Q Restricted Delivery Fee (Endorsement Required) U1 ra Total Postage & Fees $ - --- 4�. ' O r%- . No.; --- -�'- --- No. d �l�Y --- ---- 'v �/�V__._J'- =ZIPW ZlP +4 " i�,► \ - - - - -- - -- ------ 32 ?4, to, asbestos, whole tires which do not constitute household trash, used oil, lead -acid batteries, and biohazardous wastes. 2.43 Transfer means the disposal by this Agreement, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty -five percent (25 %) or more at one time of the ownership or controlling interest of Contractor, or fifty percent ( 50 %) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. Moreover, Transfer shall not mean a public offering issuance which either changes the Contractor status from a privately held corporation to that of a publicly held corporation or which is intended to provide additional capitalization for the Contractor, provided the public offering does not result in a change in Contractor's management personnel. 2.44 Vegetative Waste: Shall mean any and all vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Vegetative waste shall include any identified excess piles considered collectible only by means of a "cherry Picker" type collection vehicle. 2.45 White Goods: Shall mean any non - vegetative item which cannot be containerized, bagged, or bundled such as inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, and other similar appliances. White goods shall not include bulk trash and shall not be commingled with vegetative waste or bulk trash. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal solid waste and construction and demolition debris within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights -of- way and to protect the public health, safety, and welfare as shall, at the sole discretion of the City, be in the public's interest. The grant of this franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non - exclusive franchise with respect to the collection and disposal service at issue. Nothing Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 7 of 51 cycles shall be subject to the prior written approval of the Authorized Representative. Special pick -ups, including pick -ups of white goods, shall be provided on an "as needed basis" and shall be allowed on any day, except Sundays. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representative shall designate the location. The Contractor and Authorized Representative shall mutually agree upon point of collection locations for non - conforming service areas. For customers that are need of special assistance (e.g., certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb), the Authorized Representative, at his discretion, shall establish, and notify the Contractor of, special handling instructions for the benefit of the customer. Such special handling instructions may include collection from the customer's garage door or some other location acceptable to the customer. C. Containers and Preparation. L Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container or mechanical cart. If mechanical carts are used, Contractor shall be required to provide an adequate number of mechanical carts at Contractor's expense. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than five (5) feet in length and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. Additionally, vegetative waste shall be properly prepared and stored in refuse containers, specialized vegetative trash bags approved by the designated facility, or placed in orderly piles. A special pickup will be required when a "Cherry Picker" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. If an Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 11 of 51 Detail by Document Number Detail by Document Number Florida Limited Liability Company JMK LANDSCAPE & MAINTENANCE LLC Filing Information Document Number FEI /EIN Number Date Filed Effective Date State Status Principal Address 140 N DEVON AVE WINTER SPRINGS, FL 32708 Mailing Address 140 N DEVON AVE WINTER SPRINGS, FL 32708 L14000018948 46- 4679456 02/04/2014 02/03/2014 FL ACTIVE Registered Agent Name & Address KERN, JOSEPH M 140 N DEVON AVE WINTER SPRINGS, FL 32708 Authorized Person(s) Detail Name & Address Title MANAGING OWNER KERN, JOSEPH M 140 N DEVON AVE WINTER SPRINGS, FL 32708 Annual Reports Report Year Filed Date 2015 03/20/2015 Document Images 03/20/2015 -- ANNUAL REPORT View image in PDF format Page 1 of 2 http: / /search. sunbiz.org/ Inquiry/ CorporationSearch/ SearchResultDetail ?inquiryType= Docu... 6/30/2016 Jmk Landscape & Maintenance LLC in Winter Springs, FL - Reviews - Bizapedia Profile Page 1 of 2 e - e COMPANIES PEOPLE PRODUCTS /SERVICES TRADEMARKS ADDRESSES PHONE BOOK APPS f y g* JMK LANDSCAPE & MAINTENANCE LLC Write Review Claim Upgrade Florida Department Of State Business Registration • Updated 6/16/2015 Company Information Jmk Landscape & Maintenance LLC is a Florida Domestic Limited - Liability Company filed on February 4, 2014. The company's filing status is listed as Active and its File Number is L14000018948. The Registered Agent on file for this company is Kern Joseph M and is located at 140 N Devon Ave, Winter Springs, FL 32708. The company's principal address is 140 N Devon Ave, Winter Springs, FL 32708 and its mailing address is 140 N Devon Ave, Winter Springs, FL 32708. The company has 1 principal on record. The principal is Joseph M Kern from Winter Springs FL. G +1 4.5k Tweet Company Name: JMK LANDSCAPE & MAINTENANCE LLC File Number: L14000018948 Filing State: Florida (FL) Filing Status: Active Filing Date: February 4, 2014 Company Age: 2 Years, 4 Months Registered Agent: Kern Joseph M L-2 140 N Devon Ave Winter Springs, FL 32708 Principal Address: 140 N Devon Ave L-9-2 Winter Springs, FL 32708 Mailing Address: 140 N Devon Ave L-2 Winter Springs, FL 32708 Company Contacts JOSEPH M KERN Mara 140 N Devon Ave L-2 Winter Springs, FL 32708 View Phone Book Listings For Joseph Kern In Florida Landscaping Patio Read Reviews & Get Quotes From Local Landscapers . Free Search! Public Records:_ Status; Active This site contains REAL police records (court records of driving cttations, speeding tickets, fekmles, misdemeanors, offenses, mugshots, ft.), background reports, court documents, address Information, phone numbers, and much more. Reviews Write Review There are no reviews yet for this company. NEW ARTICLES THAT MAY INTEREST YOU Integrity In Business Millennial Mindset: Perks And Promotions Millennial Mindset: How To Work With Gen Y Trufhlpfer http: / /www.bizapedia.com/fl /JMK- LANDSCAPE - MAINTENANCE- LLC.html 6/30/2016 Rich McLaren From: Christy Garred Sent: Friday, July 01, 2016 11:11 AM To: Rich McLaren Subject: RE: Question about a BTR I see a BTR for the company BTR # 10316 JMK LANDSCAPE & MAINTENANCE LLC 140 N DEVON AVE. BUSINESS START DATE 3/19/15 EXPERATION DATE 9/30/16 Phone #407 - 782 -6197 e -mail jmklandscapersmail.com Thank you, CkristU clarred J1�NTER V — _ SA Perw�,%t spec%al,ist C%t1J, Of W%wter spriwgs U Phowe:4o} -32, -5969 Incorporated 1959 4OY- 327 -4,-4-R4 ,COD WETRJy,( E- vu.a%I.: cAarredC?w�wterspr%w�s fl..or� From: Rich McLaren Sent: Friday, July 01, 2016 10:54 AM To: Christy Garred Subject: Question about a BTR Is there anyway to find out if a business by the name of JMK Landscaping has a BTR and any business info we have for it. They are showing an address of 140 N Devon Avenue. Thanks, Have a good Holiday Weekend. Rich McLaren Code Enforcement Officer Police Department City of Winter Springs 300 North Moss Road Winter Springs, Florida 32708 RMcLaren @WinterSgrinasFL.ORG 407 - 327 -1000 - Phone `Qe WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 July 6, 2016 SMITH GRACE E 140 N DEVON AVE WINTER SPRINGS, FL 32708 Case #: 2016CE001872 Service Address: 140 N DEVON AVE WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION ,N�NrER O S� > 2 The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2016 - 00000224 OFC RICH MCLAREN 07/06/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016 - 00000224 WS 13 -2(b) Junk & Debris Yard both front and rear must be clear of any and all yard waste 2016 - 00000224 WS 19 -3(a) Solid Waste Collection and All items being disposed of in trash Disposal Authority pickup must be from residential consumption - no items from commercial consumption as it is in violation of the City Franchise agreement with Garage company 2016 - 00000224 WS 20 -432 Commercial Vehicles - Definitions Commercial Trailers can not be stored on property 2016 - 00000224 WS20- 452(a5) No exterior storage or There is no exterior storage or display display on premises of material or equipment used as a part of Business Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day for first offenses or up to $500.00 for repeat offenses per day that the violation remains. Please note the latest date to have the cited violations corrected: Corrective Action Comments Due Date NCV See Above 07/15/2016 C.A.L.E.A and State of Florida Accredited Agency Municipal Code Code Text Winter Springs City Ordinance. 13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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 Ordinance. 19- All solid waste accumulated on real property within the city shall be collected, conveyed 3(a) Solid Waste Collection and and disposed of by the city or its designated agents, licensees, or franchisees pursuant Disposal Authority to the terms and conditions adopted by the city for the collection, conveyance and disposal of solid waste in accordance with law. Winter Springs City Ordinance -20- For purposes of this chapter, commercial vehicles are defined to be all trailers, over 432 - Commercial vehicle— sized vehicles, commercially registered vehicles, and construction equipment of any type Definition used in or designed to be used in business; all vehicles temporarily or permanently designed to accommodate, support, house, store, deliver or transport material, supplies, equipment machinery or power plants of all types; all construction related equipment; and all vehicles of any type, trailers and construction equipment upon which a business name or sign is permanently or temporarily affixed. Winter Springs City Ordinance.20- There shall be no exterior storage or display on the premises of material or equipment 452- (a)(5) - no exterior storage or used as a part of the home occupation or home office. Commercial vehicles shall be display regulated pursuant to section 20 -431 et seq. of the City Code. Professionally, ode Officer Rich McLaren Certified Mailing Numbers: 70140150000162562688 WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE VIOLATION 140 N DEVON AVE WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2016CE001872 Posted on the following date: July 6, 2016 ��NTER o � • Z U y The undersigned swears and affirms that the property has been posted: SIGNATURE OFC RICH MCLAREN `�1P0.Y P4B �• TERRI LYNN SUBM Notary Public - state d florip •: F My Comm. Expka Nor 14, 201f ••"9"'�Y�� Commission • FF IM63 BOrdld thoigh NIIIOIIII Notary Apn,