HomeMy WebLinkAbout2018 10 23 Public Hearings 600 - Non-Compliance Cases - 618 Locust CourtWINTER SPRINGS POLICE DEPARTMENT
CODE ENFORCEMENT DIVISION
300 North Moss Road - Winter Springs, FL 32708
Business (407) 327-1000 - Fax (407) 327-6052
AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF
WINTER SPRINGS CODE ENFORCEMENT BOARD
October 4, 2018
MALENCHEK GREGORY A & DEBRA, . ,
RICH MCLAREN, OFC, has re -inspected the property at 618 LOCUST CT WINTER SPRINGS, FL 32708 on October 4„
2018.
The property has been found to be in non-compliance with the City of Winter Spnngs Code Board Order that was issued at the
meeting held on: September 26, 2017.
The violations listed on the City of Winter Springs Code Board Order are as follows: WS City OM 13-2 (b), 17-1, 6-195
SIGNATURE I6DA rE
RICH MCLAREN, OFC
QLS1N C(J�R STAMP'.
SIGNA"RENO - DpTE
TERRI LYNN GUERRA
$ Nolmy Publlr Stateof Florida
My Comm. EapireF Yoe 16.2018
Cam kmlon s FF 17SS55
Budr1 FWaall lSMay AYa
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•" °'�°`°= WINTER SPRINGS POLICE DEPARTMENT
t 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 BOARD HEARING
618 LOCUST CT
WINTER SPRINGS, FL 32708
AND
1126 E STATE ROAD 434
WINTER SPRINGS, FL 32708
City of Winter Springs Case Number
2017CE001357
Posted on the following date:
October 4, 2018
�7
The undersigned swears and affirms that the property has been posted:
SIGNATURE
RICH MCIAREN, OFC
a a '— r . I. I—'
'' :, TERRI LYNN GUEflR4
'i•: Nolary PuLLc-Sla.U1'.I ollEa
My Comm. EIDIRs Nov 16. Y616
`., Cnmmluion • FF 17655]
STAMP
CODE ENFORCEMENT BOARD
ITEM 600
October
Regular Meeting
REQUEST:
AGENDA
Informational
Consent
Public Hearings
X
Regular
The Code Enforcement Board is requested to review [his Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT N0: 2017CE001357
PETITIONER,
vs.
RESPONDENT
PARCEL OWNER: CITED PARTY:
MALENCHEK GREGORY A & DEBRA
618 LOCUST CT
WINTER SPRINGS, FL 32708
CONTACT FOUR:
NOTICE OF NON COMPLIANCE HEARING
Please take notice that at 5:30 P.M. on October 23, 2018, 2018 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, 2017.
The hearing will be held at the Winter Spnngs CM Hall located at 1126 East State Road 434, Winter Springs, Florida.
Address of Violation: 618 LOCUST CT WINTER SPRINGS, FL 32708
Property Owner Name: MALENCHEK GREGORY A & DEBRA
Property Owner Address: 618 LOCUST CT WINTER SPRINGS, FL 32708
The cited violations are as follows: Winter Springs City Ordinance 13-2 b; 17-1; 6-195
If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250 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 he 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 allend the hearing you can lose your right to present farts 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 1 01412 01 8 , posted on the property, and at a government office as per
Florida State Statute 162'
Certified Number: 70180680000232291403
The tex of the associated violations, as it appears in the Municipal Code, is stated below:
Writer Springs City Ordinance 13.2 b
It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, wastepaper products, discarded building
materials, or any mused 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 17-1
It shall be unlawful for any person to place or deposit, or cause or allow to be placed or deposited, on any street. avenue, alley
or sidewalk, park or other public space within the limits of the city, any building material whatsoever, or any articles or things
which may obstruct or hinder the traffic thereon, without a special permit from the city commission or official who has been
designated by the city commission to issue such permit. Such permit shall state clearly what space may be used and what
materials may be placed thereon, the length of time the permit shall remain in force, and the terms and conditions upon which
the authorization for placing materials on public property is granted. When, in the discretion of the city commission or an
official who has been designated by the city commission, it becomes necessary for the protection of motorists or pedestrians, the
person issued the permit shall provide adequate protective devices m include, but not limited to, sheds, walls, and guardrails to
protect persons in the area. Such protective devices shall be constructed in accordance with plans approved by the city
commission, or an official who has been designated by the city commission, and shall be maintained thereafter during the
construction or repair, but under no conditions shall the streets or sidewalks be obstructed to such an extent to not allow passage
of pedestrian and vehicular traffic.
Winter Springs City Ordinance 6195
All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was
originally approved by the building official at the time a permit was issued. If for any reason the fence or wall was erected
without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for
obtaining a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by
the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or
wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty -day period may be extended an
additional thirty -day period by the city manager or the city managers designee for good cause shown.
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CODE ETOaC&mLEOARD
REGUAMEENG SEERE
FAGE30F8
PUBLIC HEARINGS AGENDA - NEW CASES
P "CHEARINGS-NEWCASES
500. Code Enforcement Division — Police Department
CASE #2017CE001357
Gregory And Debra Malenchek
618 Locust Court
Winter Springs, Florida 32708
City Code: 13-2.(c) Junk And Debris.
City Code: 6-195. - Maintenance Of Fences Or Walls.
City Code: 17-1. - Obstructing Streets And Sidesralks; Permit Required.
Inspector: Captain Chris Deisler
Captain Deisler presented this Case and testified, "June 9th of 2017, this Case started, I
noticed this house on a patrol, with the grass really high and the weeds exceeding the Code.
Lot ofjunk and debris stored on both sides of the house, there was a wooden pallet of sorts,
looked like an old mirror, some objects covered by a tarp, other scattered debris along the
side of the house, pretty much all over the lot - old appliances, a couple of buckets outside
the garage door, pretty much all over.
You will also see a set of photographs soon of a horrible basketball goal with several large
stones that are being kept in the City right of -way. The wooden fence on the side of the
house to the right appeared to be bowing out from the landscaping, there's a bunch of trees
that are planted right behind sections ofthe fence, it looked like it was pushing out. Several
slats were not fight, the whole the section really needed to be cleaned. It presented a dark
substance on it.
Based upon those Violations, I sent the Notice of Code Violation to the owner. Problem
is on about July 11, 1 got it back as `Returned' from the postal services. So, we re -posted
it and I stuck it to the front door and noted the posting on the Affidavit on July 12, because
- some time had passed. I moved the dates of correction up a month to allow — the owners
some lime to take care of it and also to give them the thirty (30) days required, whenever
there is a Violation of fence Case made. The second Certified mailed was returned back
tome again unclaimed on July 20th of this year. On July 24th, the Notice of Code Violation
that I had taped to the garage door, I noticed to be gone from the door.
By the 23rd of this August, the whole house had been re -painted but more junk was piled
inside a trailer on the property. There was some - looked like some old dressers were
propped up in front of the fence so it was hard to see what was behind the fence, to see if
he had made any repairs to the fence. The basketball goal was still in the right of -way at
that time.
CITY OF WIY"1'ER SPRNGB, FLORIDA
A AILD
W
CODE EYFGRCHWMr 602nD
REG[nAlt NEETIVG- SEPTE\mER 26,2017 PAGE40FSF8
Henceforth, this Notice for this Hearing was mailed Certified to the owners on August
23rd of this year, it was also posted on the property and the bulletin board out front.
August 29th of this year, the mailing for the Certified mailing for the Code Board Notice
still sits at the Post Office Unclaimed, so I imagine I'll get it back anytime.
As of September 22nd of this year, the junk and debris had all been piled in the back of a
utility trailer on the side of the house. I'll show you that in a second, but it's still on the
property, it hasn't been removed. The fence repairs have not been verified and the
Violation resolved, however they were not done in that time period for Compliance. On
September 25th of this year, I received my first and only correspondence from the owners
via a voicemail he left me.
I have not spoken with him, because essentially his voicemail was pretty much nothing
more than wanting to debate the structure of how these boards are held and he wanted his
Hearing in a different form. I wasn't about to call him back and engage him in that
matter. I have not heard from him since. I went by this morning and the trailer that has
all the junk and debris piled in the back of it, is still there, but now it's covered with a big
blue trap. So as much as I would love to clear this Violation, 1 simply can't, because he
still would appear to be storing the junk on the property, and the basketball [hoop] is still
there."
Photographs were shown from "WS -I" with additional comments.
Captain Deisler concluded, "I recommend the property be found in Violation of the Cited
Ordinances, given a Compliance date of October 10th of this year and a penalty of two
hundred and fifty dollars ($250.00) a day if found in Non -Compliance. -
Vice -Chairperson Roero inquired about the location of the basketball hoop. Captain
Deisler stated, "It's actually just adjacent to the mailbox, just next to it, but you can see it
overhangs the public street" Additional comments followed.
Chairperson Criswell then inquired about the fence and the slats of the fence. Captain
Deisler answered, "There were a couple of slats that were broken in through here. You'll
see there's a gap in the slat here where it was cracked, but for the most part, the boards
were intact, they were just falling over." Further brief remarks followed.
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 OCTOBER 10, 2017 TO
CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAIL TO
COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED
FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE
VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER
ROBINSON. SECONDED BY BOARD MEMBER POE. DISCUSSION.
��'x`aK..,,,,Q� WINTER SPRINGS POLICE DEPARTMENT
I CODE ENFORCEMENT DIVISION
300 North Moss Road - Winter Springs, FL 32708
Business (407) 327-1000 - Fax (407) 327-6652
June 9, 2017
GREGORY & DEBRA MALENCHEK
618 LOCUST CT
WINTER SPRINGS, FL
32708
Case* 2017CE001357
Service Address: 618 LOCUST CT WINTER SPRINGS, FL 32708
NOTICE OF CODE VIOLATIONS
Mp
The above mentioned property has been inspected on the dates below. Please note the following violations:
Inspector
Capt. C. Deisler
The cited violations are as follows:
Violation Description
Date
June 9, 2017
Comments/Corrections Needed
WS City Ord. 13-2(c) (Overgrown yard- Junk & Debris)
Yard is overgrown. Junk and debris is scattered on the property
not limited to but including the sides of the house and front of
garage door. Please remove and/or properly discard of all junk
and debris from the property. Please discard all junk/debris
from the utility trailer in the driveway as well.
WS City Ord. 6-195 (Maintenance of Fences)
Wooden fence on right side of property (from the street) is
bowed out and appears to have slats that are loose and/or
not properly secured. The section of the fence also needs to be
cleaned to remove the buildup of dirt, etc.
IPMC 304.2 (Exterior Treatments)
Paint on the front of the house is faded/worn and the material
underneath is visible and not protected. Repaint the house as
needed to come into compliance with the code.
WS City Ord. 17-1 (Obstruction of Right of Way)
Please relocate basketball goal and bricks into your driveway.
WS City Ord. 20-438 (Parking on Front Yards)
Parking on front yards is prohibited unless done so on an app-
roved designated parking area. Refer to brochure included for
details on what is permissible. Black Durango is in violation.
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 date to have the cited violations corrected:
Corrective Action
Comments
Due Date
Notice of Code Violation letter See specific correction comments provided. 06/23/2017 for all cited violations except
07/14/2017 for the fence violation only.
Municipal Codes
Code Text
Winter Springs City Ord. 13-2(c) The existence of excessive accumulation or untended growth of weeds,
undergrowth or other dead, or living plant life; or stagnant water, rubbish,
garbage, refuse, debris, trash, including but not limited to household furnishings,
State of Florida Accredited Agency
Certified Mailing Number: 7014 0150 0001 6336 6483
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 Ord. 6-195
All fences and walls and accessories thereto shall be maintained in good order and
in a condition equal to that which was originally approved by the building official at
the time a permit was issued. If for any reason the fence or wall was erected without
a permit, said wall or fence shall be maintained in accordance with the conditions
and requirements necessary for obtaining a fence or wall permit from the building
official under this article. Within thirty (30) days receipt of written notice by the city
that a wall or fence does not comply with the requirements of this section, a property
owner shall bring such fence or wall in compliance with this section within thirty (30)
days of receipt of such notice. The thirty-day period may be extended an additional
thirty-day period by the city manager or the city manager's designee for good cause
shown.
IPMC 304.2
All exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches, trim, balconies and decks shall be maintained in sound condition.
Exterior wood surfaces, other than decay-resistant woods, 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 sound, weather resistant and
capable of preventing the intrusion of water and moisture resulting from normal
precipitation into the structural and non-structural interior assemblies. 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.
Winter Springs City Ord. 17-1
It shall be unlawful for any person to place or deposit, or cause or allow to be placed
or deposited, on any street, avenue, alley or sidewalk, park or other public space
within the limits of the city, any building material whatsoever, or any articles or
things which may obstruct or hinder the traffic thereon, without a special permit from
the city commission or official who has been designated by the city commission to
issue such permit. Such permit shall state clearly what space may be used and what
materials may be placed thereon, the length of time the permit shall remain in force,
and the terms and conditions upon which the authorization for placing materials on
public property is granted. When, in the discretion of the city commission or an
official who has been designated by the city commission, it becomes necessary for
the protection of motorists or pedestrians, the person issued the permit shall provide
adequate protective devices to include, but not limited to, sheds, walls, and
guardrails to protect persons in the area. Such protective devices shall be
constructed in accordance with plans approved by the city commission, or an official
who has been designated by the city commission, and shall be maintained
thereafter during the construction or repair, but under no conditions shall the streets
or sidewalks be obstructed to such an extent to not allow passage of pedestrian and
vehicular traffic.
Winter Springs City Ord. 20-438
The parking of any vehicle within the front yard of any residential lot shall be
prohibited unless said vehicle is parked on a driveway and/or designated parking
area that meet the requirements set forth in section 20-439 of the City Code.
Certified Mailing Number: 7014 0150 0001 6336 6483
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WINTER SPRINGS POLICE DEPARTMENT
( CODE ENFORCEMENT DIVISION ff
300 North Moss Road - Winter Springs, FL 32708N;Y
Business (407) 327-1000 - Fax (407) 327-6652
AFFIDAVIT OF POSTING
The following properties have been posted with the
NOTICE OF CODE VIOLATION
618 LOCUST CT
WINTER SPRINGS, FL 32708
City of Winter Springs Case Number
2017CE001357
Posted on the following date:
July 12, 2017
The undersigned ea s d irms that the property has been posted:
SIGNATURE
CHRIS DEISLER, CAPT V ie k Riddick
NOTARY PUBLIC
STATE OF FLORIDA
Came* FF901622
Expires 712112018
STAM P: ,
0 ARY SIGNATURE DATE
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 2017CE001357
PETITIONER,
vs.
RESPONDENT
PARCEL OWNER:
GREGORY & DEBRA MALENCHEK
618 LOCUST CT
WINTER SPRINGS, FL
32708
NOTICE OF CODE BOARD HEARING
Please take notice that at 5:30 P.M. on September 26, 2017 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: 618 LOCUST CT WINTER SPRINGS, FL 32708
Property Owner Name: GREGORY & DEBRA MALENCHEK
Property Owner Address: 618 LOCUST CT WINTER SPRINGS, FL 32708
The cited violations are as follows: Winter Springs City Ordinances 13-2 (c), 6-195; 17-1
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 8/24/17, posted on the property, and at a government office as per
Florida State Statute 162.
Capt. C. Deisler
Certified mailing: 7014 0150 0001 6336 6957
"""teaBPa+"°s WINTER SPRINGS POLICE DEPARTMENT
CODE ENFORCEMENT DIVISION
300 North Moss Road - Winter Springs, FL 32708 �ra�e••�
1959
Business (407) 327-1000 - Fax (407) 327-6652
AFFIDAVIT OF POSTING
The following property has been posted with the
NOTICE OF HEARING
618 LOCUST CT
WINTER SPRINGS, FL 32708
and
1126 E SR 434
WINTER SPRINGS, FL 32708
City of Winter Springs Case Number
2017CE001357
The undersigned
Posted bn the following date:
lAugust 29, 2017
Li
rms that the property has been posted:
SIGNATURE
CHRIS DEISLER, CAPT
STAMP:
n " - '(n C— � I
NOTA Y SIGNA E ATE .""..P'� TERRI LYNN GUERRA
Notary Public - State of Florida
' • E My Comm. Expires Nov 16, 2041
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WETio)
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.
Gregory and Debra Malenchek
Owner of the Property located at:
618 Locust Court
Winter Springs, Florida 32708
Parcel: 10-21-30-5DS-0I00-0360
Respondent,
Case #2017CE001357
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 26, 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 Sections 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, 6-195. - Maintenance Of Fences
Or Walls, and 17-1. - Obstructing Streets And Sidewalks; Permit Required exist or existed upon the
Property and that Respondent was further provided a reasonable time to correct said violation(s);
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER #2017CE001357
SEPTEMBER 26, 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, 6-195. - Maintenance Of Fences Or Walls, and 17-1. - Obstructing
Streets And Sidewalks; Permit Required.
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 October 10, 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 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 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 IJI, Division 2.
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER #2017CE001357
SEPTEMBER 26, 2017
PAGE 3 OF 3
DONE AND ORDERED at Winter Springs, Florida, this day of September, 2017. nunc pro
tunc to September 26, 2017.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS, FLORIDA
Matthew Criswell, Chairperson
Copies furnished to: CERTIFIED MAIL 7015 0640 0000 0518 4791
Gregory and Debra Malenchek
618 Locust Court
Winter Springs, Florida 32708, Case File #2017CE001357
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 September, 2017.
Antonia Della Donna, Board Secretary