The URL can be used to link to this page

Home My WebLink About2017 01 24 Public Hearings 600 - Non-Compliance Cases - 859 East State Road 434CODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: January Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. te'S z- CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE002196 PETITIONER, vs. RESPONDENT PARCEL OWNER: SALAMANDERS BRI 1813 VILLAGGIO LLC 859 E SR 434 1140 E HALLANDALE BEACH BLVD WINTER SPRINGS, FL 32708 HALLANDALE BEACH, FL 33009 NOTICE OF NON - COMPLIANCE HEARING Please take notice that at 5:30 P.M. on January 24, 2017 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: September 27, 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: 859 E SR 434 WINTER SPRINGS, FL 32708 Property Owner Name: BRI 1813 VILLAGGIO LLC Property Owner Address: 1140 E HALLANDALE BEACH BLVD HALLANDALE BEACH, FL 33009 The cited violation follows: FBC 105.1 Permit Required Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact- resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00 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 11 /18/16, posted on the property and at a government office as per Florida State Statute 162. Pr T lly, Capt. C. Deisler Certified Mail: 7014 0150 0001 6336 7954 cdeisler @winterspringsfl.org 7014 0150 0001 6336 7947 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I-At 41LLA(,tiQ We 114v 1�, 0Atj-AW0kt PJA 133 0� A. X ❑ Agent ❑ Addressee B. ved by (Printed Name) C. Date of Delivery izel6 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type P-Certified Mail® ❑ Priority Mail Express'" ❑ Registered - ETReturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 0150 0001 6336 7954 (Transfer from service label) Form 3811, July 2013 Domestic Return Receipt • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5th o � A. Signature �. ❑ Agent X ❑ Addressee B. Received by (Printed Name) C., Date of �liive�ry / D. Is delivery address different from item 1 ?' ❑ Ye: If YES, enter delivery address below: ❑ No 3. S�ei i e Type C Certified Mail® ❑ Priority Mail Express" ❑ Registered Prlieturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 014 0150 DOD 1 6 3 3 6 7947 PS Form 3811, July 2013 Domestic Return Receipt, SDgI>8 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 /YSY Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF NON - COMPLIANCE HEARING 859 E SR 434 WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE002196 Posted on the following date: The undersigned swear i[ NOTARY SIGNATURE December 12, 2016 rms that the property has been posted: SIGNATURE =G6/03/20 Public of Florida ell > � 008235 DATE! or 7 0 ti CITY OF WINTER SPRINGS, FLORIDA U la 1126 EAST STATE ROAD 434 1959 WINTER SPRINGS, FLORIDA 32708-2799 "IV'-,- TELEPHONE: (407)327-1800 CO we-O`o FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfi.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE002196 A Florida municipal corporation, Complainant, V. BRI 1813 Villaggio,LLC Owner of the Property located at: 859 East State Road 434 Winter Springs,Florida 32708 Parcel: 26-20-30-5AR-0D00-0080 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 September 27, 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 used 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 violations of Section(s) 105.1, Permit Required, of the Florida Building Code exist or existed upon the Property and that Respondent was further provided a reasonable time to correct said violation(s),- i CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE002196 SEPTEMBER 27,2016 PAGE 2 OF 3 1 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 present at the hearing; 5. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section(s) 105.1,Permit Required, of the Florida Building Code; 6. That said violation(s) exist(s) or existed within the City of Winter Springs and that such consfitute(s) violation(s) of the City of Winter Springs Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDER-ED: I. Respondent be given until October 31, 2016 to correct the violation(s) of the City Code on the Property; and 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 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 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 III, Division 2. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 42016CE002196 SEPTEMBER 27,2016 PAGE 3OF3 DONE AND ORDERED at Winter Springs, Florida, this day of October, 2016, aurae pro tune to September 27, 2016, CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA &1y'-egg Rocro, Chairperson Copies fornished to; CERTIFIED MAIL 7015 0640 0000 0518 3251 I 1813 VILLAGGIO LLC, Respondent 1140 East Hallandale Beach Boulevard Hallandale Beach,Florida 33009-4432, Case File#201 CEO .2196 I hereby certify that a true and correct copy of the above and foregoing in ins of Fact, Conclusions of Law and Order (First Violation) has been furnished by certified ail to the Respondent(s) ad/o es o ent's authorized representative on this ._day of October, 2016. J Antni!14 bctia Donna, Board Secret