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Home My WebLink About2017 08 22 Public Hearings 600 - Non-Compliance Case - 250 West State Road 434CODE 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. ,X14TC o gg CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2017CE000965 PETITIONER, vs. RESPONDENT PARCEL OWNER: REGISTERED AGENT: REALTY INCOME PROPERTIES 29, LLC CORPORATION SERVICE COMPANY ATTN: PORTFOLIO MGNT 4223 1201 HAYS ST 11995 EL CAMINO REAL TALLAHASSEE, FL SAN DIEGO, CA 92130 32301 NOTICE OF NON - COMPLIANCE HEARING Please take notice that at 5:30 P.M. on August 22, 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: June 27, 2017. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 250 W SR 434 WINTER SPRINGS, FL 32708 Property Owner Name: REALTY INCOME PROPERTIES 29, LLC Property Owner Address: 11995 EL CAMINO REAL SAN DIEGO, CA 92130 The cited violations are as follows: Winter Springs City Ord. 13 -2 (c) If the Code Enforcement Board finds your property in violation of the above referenced City Code you can be fined up to $100.00 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 7/19/2017, posted on the property, and at a government office as per Florida State Statute 162. Pfofqjssionally, Capt. C. Deisler Certified Mail: 7014 0150 0001 6336 6810 7014 0150 0001 6336 6803 • 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: CUWO� --ATt ° ,,j Co, A. Signa ur r, . X 9.7,",Q Agent j7-Addressee B. ReV'wAbylPrgmName) C. rte o of ery 1111 LL11 �Ijj D. Is delivery address different from item 14 ❑ es If YES, enter delivery address below: 11 o 3. SSerrvj.ce Type 21 Certified Mail® ❑ P iority Mail Express'" 13 Registered Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 0150 0001 6336 6803 (Transfer from service label) PS 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: KtAL1'1 1 `vc7A P(1�s �-IX« 1, QDU F ol.►v 06I"rS I I iS S `FL LAM VAO RCAF A. Signature X ❑ Agent __ ❑ Addressee B. Receive y (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type U rA 9 KA D ❑ Certified Mail® 1:1 Priority Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 014 o150 0001 6 3 3 6 6810 PS Form 3811, July 2013 Domestic Return Receipt CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfi.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, 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, Case #2017CE000965 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 27, 2017 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, 2- 60 and 2 -61 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That violations of Section(s) 13 -2.(c) Junk And Debris /Dead Landscaping of the City Code exist or existed upon the Property and that the Respondent was further provided a reasonable time to correct said violation(s); O��`NT�RS� ~ * 0 1959 'GOO wET�vyc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfi.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, 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, Case #2017CE000965 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 27, 2017 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, 2- 60 and 2 -61 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That violations of Section(s) 13 -2.(c) Junk And Debris /Dead Landscaping of the City Code exist or existed upon the Property and that the Respondent was further provided a reasonable time to correct said violation(s); CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2017CE000965 JUNE 27, 2017 PAGE 2 OF 3 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: 13 -2.(c) Junk And Debris /Dead Landscaping; 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 14, 2017 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 ONE HUNDRED DOLLARS ($100.00) 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 may 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, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article I11, Division 2. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER #2017CE000965 JUNE 27, 2017 PAGE 3 OF 3 DONE AND ORDERED at Winter Springs, Florida, this 'i G day of July, 2017, nunc pro tunc to June 27, 2017. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA atthew Criswell, Chairperson Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4623 Realty Income Properties 29 LLC, Respondent 11995 El Camino Real San Diego, California 92130 -2539 Case #2017CE000965 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 `U day of July, 2017. s Antonia Della o oard Secretary mlWINTER 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 property has been posted with the NOTICE OF NON - COMPLIANCE HEARING 250 W SR 434 WINTER SPRINGS, FL 32708 and 1126 E SR 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2017CE000965 Posted on the following date: July 24, 2017 40 a t3 * y r 'ry�Qb WESi��' The undersigned swears anoffirms that the property has been posted: SIGNATURE CHRIS DEISLER, CAPT a4 xae'4�__ E-17-1? OTARISIGNATURE DATE Valens & Riddick NOTARY PUBLIC STATE OF FLORIDA Camp# FF901822 Expires 7121/2019 STAM P: