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Home My WebLink About2021 09 28 Code Enforcement Board Regular Meeting AgendaCODE ENFORCEMENT BOARD REGULAR MEETING AGENDA TUESDAY, SEPTEMBER 28, 2021 - 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge Of Allegiance Approval Of The Agenda Swearing in of Code Enforcement Officers and Other Individuals giving testimony AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200. Approval of the Tuesday August, 24, 2021 Code Enforcement Regular Meeting Minutes Minutes PUBLIC HEARINGS – CONTINUED CASES 300. Not Used PUBLIC HEARINGS – REPEAT CASES 400. Case# 2017CE000965 (Rehearing) 250 West State Road 434 Realty Income Properties 29 LLC ATTN: Family Dollar Stores INC. WS City Ord. 13-2(C) Junk and Debris/Dead Landscaping Original Hearing: June 27, 2017 Related Case Information Presentation PUBLIC HEARINGS – NEW CASES 500. Case# 2021CE000941 964 Papaya Lane Kevin R. Burch WS City Ord. 20-438 Vehicle Parked in Front Yard WS City Ord. 13-2(C) Overgrown Yard WS City Ord. 13-2(B) Junk and Debris Yard Waste IPMC 304.7 Roofs and Drainage Additional Case Information Presentation 2 501. Case# 2021CE000981 653 North Endeavour Jose Irizarry - Tenancy by Entirety Miriam Irizarry - Tenancy by Entirety IPMC 304.7 Roofs and Drainage Additional Case Information Presentation 502. Case# 2021CE000991 201 Williams Road Daniel A Geist WS City Ord. 20-438 Vehicle Parked in front yard WS City Ord. 20-434 Commercial Vehicles WS City Ord. 20-411 Boat and Trailer WS City Ord. 6-195 Maintenance of Fences WS City Ord. 13-2(B) Junk and Debris Yard Waste IPMC 302.1 Sanitation Additional Case Information Presentation 503. Case# 2021CE001188 226 Bitterwood Street Khammanh Norravong - Joint Tenants with Right of Survivorship Sanh Norravong - Joint Tenants with Right of Survivorship WS City Ord. 20-438 Vehicles Parked of Front Yard WS City Ord. 13-2(B) Junk and Debris Additional Case Information Presentation PUBLIC HEARINGS – NON-COMPLIANCE CASES 600. Not Used REGULAR AGENDA 700. Not Used ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. 3 Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. “If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based” - per Section 286.0105 Florida Statutes. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 24, 2021 CALL TO ORDER Chairperson Matthew Criswell called to Order the Tuesday, August 24, 2021 Regular Meeting of the Code Enforcement Board at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Matthew Criswell, present Vice-Chairperson Maurice Kaprow, present Board Member Michael Burns, present Board Member Stephen Gildea, present Board Member Howard Parsons, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Deputy Chief Matt Tracht informed the Board that Items 500, 501, and 502 would be pulled as they were in compliance. The Board agreed to the changes and no further agenda changes were made. City Clerk Christian Gowan swore in all those offering testimony – Deputy Chief Matt Tracht, Code Inspector Terri Guerra, and Respondents. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200) Approval of the Tuesday, April 27, 2021 Code Enforcement Board Regular Meeting Minutes. In reference to the minutes, Chairperson Criswell asked for a motion to approve. 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 24, 2021 PAGE 2 OF 6 "SO MOVED." MOTION BY VICE CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); BURNS (AYE); GILDEA (AYE); PARSONS (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS – CONTINUED CASES 300. Not Used PUBLIC HEARINGS – REPEAT CASES 400) Case# 2017CE000965 250 West State Road 434 Realty Income Properties ATTN: Family Dollar Stores, INC. WS City Ord. 13-2(C) Junk and Debris The respondent was not present. Code Inspector Guerra introduced the case and testified, “I verified the complaint on March 11, 2021. While patrolling the area I noticed the property was in disarray. There was trash all over the parking lot and in the dumpster area. I left a note on the front door regarding cleaning up the property. On April 29, 2021, May 20, 2021 and June 30, 2021 I also went by the property and the trash was still present. On July 2, 2021 I called the business and spoke to Gashinda, the manager. I asked her if she was planning on correcting the issue. She advised she would get it taken care of right away, which she didn’t. August 6, 2021 I hand delivered the code board notice to an employee inside the business and I also posted the notice at City Hall regarding Code Board for repeat violator. August 19, 2021 I checked the property again and there was still garbage in the parking lot and dumpster area. On June 27, 2017 the original case was heard by code board and found in violation of the code. September 24, 2018 the case went into compliance. Photos were shown from “Presentation” and additional photos that showed the property as of the hearing date. Continuing, Code Inspector Guerra testified, “As of this hearing, I ask that you find the owner in repeat violation of ordinance that I've given 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 24, 2021 PAGE 3 OF 6 testimony to, and a two hundred dollar ($200.00) a day fine be imposed on the property until it comes into compliance”. Discussion followed on the recommended amount. Attorney Nix mentioned the notice date of August 6, 2021 and that any fine would be calculated with the notice date as a starting date. Further discussion followed on the state of the property, the fact that as a repeat violation no compliance date would be assigned, and the desire to see a higher fine be imposed. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AS OF AUGUST 6, 2021, AND THAT SUCH VIOLATION CONSTITUTES A REPEAT VIOLATION UNDER CAHPTER 162, FLORIDA STATUTES. A FINE IN THE AMOUNT OF FOUR HUNDRED DOLLARS ($400.00) FOR AUGUST 6, 2021 AND FOR EACH DAY THE REPEAT VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED.” MOTION BY BOARD MEMBER BURNS. SECONDED BY VICE CHAIRPERSON KAPROW. DISCUSSION. VOTE: PARSONS (AYE); GILDEA (AYE); BURNS (AYE); CRISWELL (AYE); KAPROW (AYE); ROBINSON (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS – NEW CASES 500) Case# 2021CE000173 1002 East Pebble Beach Circle Catherine E Conochalla IPMC 304.7 Roofs and Drainage No discussion - This case was pulled from the agenda after coming into compliance. 501) Case# 2021CE000174 1055 West Pebble Beach Circle Orlando Nunez - Tenancy by Entirety Diliam G Ruiz Nunez - Tenancy by Entirety IMPC 304.7 Roof and Drainage No discussion - This case was pulled from the agenda after coming into compliance. 7 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 24, 2021 PAGE 4 OF 6 502) Case# 2021CE000201 612 Nighthawk Circle Joan Nail - Tenancy by Entirety Howard Nail - Tenancy by Entirety IPMC 304.7 Roof The respondents were present. Deputy Chief Matt Tracht introduced the case and testified,” On January 29, 2021 I observed a blue tarp on this property. I mailed a Notice of Violation to the property owner with a compliance date of July 25th, I gave them 180 days, 6 months to get the corrective action. On August 2, 2021, I conducted a re-inspection and found the roof to be still covered with a tarp. I mailed notice of code board indicating tonight's code board meeting. I ask that you find the owner in violation of IMPC 304.7- Roofs and drainage. I’m recommending an additional 180 days for compliance. (February 20, 2022). At that point I think we can reassess and if no compliance is met after that date, I would support a $250.00 per day fine until compliance is met.” Ms. Joan Nail & Mr. Howard Nail, 612 Nighthawk Circle, Winter Springs testified, “Our situation is a little bit complicated. Two years ago we entered into financial reorganization, Chapter 13 bankruptcy. Our attorney has sent a letter to the board – to a Mr. Tracht (Respondent read letter, attached to the end of these minutes). The estimates [for a new roof] have been in the $30,000.00 range. We have been unable to get financing due to the Chapter 13. We have be working feverishly to try to get financing, I do have some documentation. We are still working, every day I get information of new places to try, I applied for all of them [loans]. We want to stay in the house, we are on social security, on fixed income it is pretty hard to manage.” Discussion followed on the amount of time it would take to correct the issue and the time left in the financial reorganization. Respondents indicated that they had tried to work through insurance but were denied. Discussion then followed on the Florida Chief Financial Office’s mediation program and information was shared with the respondents. 8 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 24, 2021 PAGE 5 OF 6 Discussion returned to a reasonable amount of time to get the work completed. The Board suggested nine (9) months and Deputy Chief Tracht and the respondents were amenable to the suggestion. “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL MAY 20, 2022 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) SHALL BE IMPOSED EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY VICE CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: BURNS (AYE); CRISWELL (AYE); ROBINSON (AYE); KAPROW (AYE); PARSONS (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 503) Case# 2021CE000358 229 Bitterwood Street Laurie Hernendez - Tenancy by Entirety Neil Hernendez - Tenancy by Entirety IPMC 304.7 Roofs and Drainage No discussion - This case was pulled from the agenda after coming into compliance. 504) Case# 2021CE001318 627 Murphy Road Brandi Roberts - Joint Tenants Right of Survivorship Derek Gillard - Joint Tenants Right of Survivorship WS City Ord. 13-2(b) Junk and Debris WS City Ord. 40-411 Boat and Trailer Storage The respondent was not present. Code Inspector Guerra introduced the case and testified, “June 2, 2021 was when I saw the boat. A Notice of Code Violation was sent to the owner of the property. On June 7, 2021 the letter was signed for. On August 6, 2021 I posted the property and City Hall with notice of Code Board. I also sent a certified and first class letter to the property. August 11, 2021 the code board notice was signed for per the United States Postal 9 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 24, 2021 PAGE 6 OF 6 Service website. There has been no communication from the owner of the property at this time. Photos shown from “Presentation” and an additional photo was shown of the property with the violation still existing as of the hearing date. “As of this hearing, I ask that you find the homeowner in violation of ordinance that I've given testimony to, and would extend up to 30 days (September 23, 2021) or at the boards discretion, to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day.” “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL SEPTEMBER 23, 2021 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) SHALL BE IMPOSED EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); KAPROW (AYE); CRISWELL (AYE); BURNS (AYE); ROBINSON (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS – NON-COMPLIANCE CASES 600. Not Used REGULAR AGENDA 700. Not Used ADJOURNMENT Chairperson Criswell adjourned the meeting at 6:09 PM RESPECTFULLY SUBMITTED: _______________________________ CHRISTIAN GOWAN CITY CLERK NOTE: These Minutes were approved at the ____________________________, 2021 Code Enforcement Board Regular Meeting. 10 041018ppI"64 WINTER SPRINGS POLICE DEPARTMENT F' o"TE saPOLICECODEENFORCEMENTDIVISION v t , u i Amw..rm H300NorthMossRoad -Winter Springs, FL 32708 14$9 Business(407) 327-1000- Fax(407) 327-6652 w`Tp April 17, 2017 REALTY INCOME PROPERTIES 29 LLC ATTN PORTFOLIO MGNT 4223 11995 EL CAMINO REAL SAN DIEGO, CA 92130-2539 Case#: 2017CE000965 Service Address: 250 W SR 434 (FAMILY DOLLAR) WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dates below. Please note the most recent date for the followingviolations: Inspector Date Capt. C. Deisler April 17,2017 The cited violation follows: Violation Description WS City Ord. 13-2(c) (Junk&Debris/Dead Landscaping) There is dead landscaping and debris on the property. Replant new landscaping and/or remove all of the dead material.There is also inadequate material to conceal the irrigation drip system which is causing the property to become an eyesore.Address this with additional mulch as needed to cover up the drip tubes. There is a large amount of trash/debris located inside the dump- ster enclosure. Please discard ASAP. 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 levyfinesupto$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 Notice of Code Violation See specific correction comments provided. 05/17/2017 Municipal Code Code Text WS 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,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 State of Florida Accredited Agency 11 place for mosquitoes,or threatens or endangers the public health, safety, or welfare,or may reasonably cause disease,or adverselyf \\/ 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. r'i, - o - Cap'. . Disler j Certified Mailing Numbers: 7014 0150 0001 6336 5998 2 12 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) 0' 0'" For delivery information visit our website at www.usps.coma ul pr^ m Postage $ 1.4G S, F,(. Certified Fee s\S\ r4 Postm Return Receipt Fee D (Endorsement Required) i Restricted Delivery Fee D (Endorsement Required) eF0ul Total Postage&Fees $ D i tNCOf E, fc, MO Q t ' Zj N Street, I tC-I`15 EL CAM INC) RC AL QS(' V +E, 0 I C A 12-110 PS Form 3800,August 2006 See Reverse for Instructions 13 SENDER: COMPLETE P 11S SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete A. Signlir.- item 4 if Restricted Delivery is desired. X 0 Agent Print your name and address on the reverse Addressee so that we can return the card to you. B. Recei -. •y(Printed Name) C. qate of DeliveryAttachthiscardtothebackofthemailpiece, or on the front if space permits. D. Is deli ddress different from item 1? 10 Yes1. Article Addressed to: If YES,enter delivery address below: No 111\-t i NQ ' P fl S Zl LL ATTrA ', eDicIF DuD Mf,MTLQ22 119°I EL CA nA l N C,AL 3. Seice Type too-Certified Mail® Priority Mail Express'" SA 0 r 0 / i 1 I S p Registered Return Receipt for Merchandise N / l /y 1 1 Insured Mail Collect on Delivery 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number 7014 0150 0001 6336 5998Transferfromservicelabel) PS Form 3811,July 2013 Domestic Return Receipt 14 µT4", ti 0 t934 • 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 STREET 11995 EL CAMINO REAL TALLAHASSEE, FL 32301-2525 SAN DIEGO, CA 92130-2539 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 27,2017 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: 250 W SR 434 WINTER SPRINGS, FL 32708 Property Owner Name: REALTY INCOME PROPERTIES Property Owner Address: 11995 EL CAMINO REAL SAN DIEGO, CA 92130 The cited violations are as follows:Winter Springs City Ordinance 13-2 (c) 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 5/12/17, posted on the property, and at a government office as per Florida State Statute 162.The cited code language follows: 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, 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 mantler 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 dise.se, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or mat; 'a tending by its existence and/or accumulation to endanger or adversely affect of health, safety, lives, and/or welfare of the citiz- • 'f the city, is hereby prohibited and declared to be a public nuisance and unlawful. Prgf: .i nally, Certified mailings: 7014 0150 0001 6336 6438 7014 0150 0001 6336 6520 Capt. C. Deisler 15 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1;,2,.and 3.Also complete A. Signature item 4 if RestrictddDeiivery is desired. Agent Print your name and,address on the reverse X A I " Addressee so that we can return the card to you.B. Received by Tinted Name) C. Date of DeliveryAttachthiscardtothebackofthemailpiece, tioronthefrontifspacepermits. D. Is delivery djlress different from item 1? IN Yes 1. Article Addressed to: If YES,enter delivery address below: No f,cdl N !Not-It ( o(' trfc4; Coq Foul G rT yirr 11n9S f Q!A I N 3. Se ice Type S u QE6 '0 CA Certified Mello Priority Mail Express- 1 Registered Return Receipt for Merchandise L71.-1S.-) Insured Mail Collect on Delivery 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number 7014 0150 0001 6336 6438Transferfromservicelabel) PS Form 3811,July 2013 Domestic Return Receipt 16 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,'2,and 3.Also complete item 4 if Restricted Delivery is desired. Agent Print your name and address on the reverse dressee so that we can return the card to you. i1il iea ITT e) D= veryAttachthiscardtothebackofthemailpiece,i1 TT 1 or on the front if space permits. 7 j D. Is delive ry address different from ite ?es 1. Article Addressed to: If YES,enter delivery address bel. : No COV.-P0Q T )0N_SU—VC6 CO. T4LLA 1J AC 1 3. Service Type 923° d Certified Mail® Priority Mail Express'" Registered B}keturn Receipt for Merchandise Insured Mail Collect on Delivery 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number Transfer from service label) 7014 0150 0001 6336 6520 PS Form 3811,July 2013 Domestic Return Receipt 17 Qe R+"° s WINTER SPRINGS POLICE DEPARTMENT POLICE CODE ENFORCEMENT DIVISION p 14 INV 300 North Moss Road -Winter Springs, FL 32708 wooBusiness (407) 327-1000 - Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 250 W SR 434 WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2017CE000965 Posted on the following date: 1 May 12, 2017 The undersigne• sw rs n•1.ffirms that the property has been posted: NMI SIGNATURE CAPT.C. DEISLER Vie A Riddk'k 2. NOTARY PUBLICLiFSTATEOFFLORIDA0" Commit FF901822 Expires 7/21/2019 STAMP: A- L->// /2" 5/) V./ / NOTARY SIGNATURE DATE 18 JAW ek o et 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. Prof sionally, Capt. C. Deisler Certified Mail: 7014 0150 0001 6336 6810 7014 0150 0001 6336 6803 19 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete A. Signs ur r, . item 4 if Restricted Delivery is desired. X Agent Print your name and address on the reverse L Wltddressee so that we can return the card to you.B. Re W y.[Pb " edly me) C. too el' eryAttachthiscardtothebackofthemailpiece, Vr U. (T11L or on the front if space permits. 7 1. Article Addressed to: D. Is delivery address different from item 1 es If YES,enter delivery address below: o Crifjp t(--ATI°`) S W:SIC( Co, 12° I Fl S TA Ayi )S07 3. Service Type l Certified Mail® P iority Mail Express'" Registered ,'Return Receipt for Merchandise Insured Mail Collect on Delivery 4. Restricted Delivery?(Extra Fee) Yes 2. ( Trans Number 7014 0150 0001 6336 6803Transferfromservicelabel) PS Form 3811,July 2013 Domestic Return Receipt 20 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X Agent Print your name and address on the reverse Addressee so that we can return the card to you.B. Receive y(Printed Name) C. Date of Delivery Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: No gf;Ac '1 I NQl?t e(Loetrae itTCA I Q 6M1 111 3. Service Type A y 9 KA D 'C] Q ` O Certified Mail® Priority Mail Express'" J 1 [ 7 J Registered Return Receipt for Merchandise Insured Mail Collect on Delivery 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number Transfer from service label)7 14 0150 0001 6 3 3 6 6 81 PS Form 3811,July 2013 Domestic Return Receipt 21 1"8PRN's WINTER SPRINGS POLICE DEPARTMENT tos e"' POLICE`>> CODE ENFORCEMENT DIVISION x 4 ftina r r44'4 • 300 North Moss Road -Winter Springs, FL 32708 Business (407) 327-1000 - Fax (407) 327-6652 C°bw ' 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 The undersigned swe:rs an• •ffirms that the property has been posted: VSIGNATURE CHRIS DEISLER,CAPT Valerie A.Riddick NOTARY PUBLIC 01[ `1 _ STATE OF FLORIDAi.; . Cantu#FF901822 a ,,,,,,_,: ir Expires 7/21/2019 STAMP: OTARY SIGNATURE DATE 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Rehearing of Repeat Violator Case: 2017CE000965 Address:250 W SR 434 Parcel: 34-20-30-5AV-1800-00A0 Property Owner(s):Realty Income Properties 29 LLC Attn: Family Dollar Stores,INC 41 City of Winter Springs Code Enforcement Division Code Board August 24, 2021 Violation(s): WS City Ord. 13-2(c) Trash/Debris/ Dead Landscaping Inspector: Terri Guerra Complaint: Self Initiated 42 Code Enforcement Division Timeline of Events •Date verified complaint: March 11, 2021 While patrolling the area I noticed the property was in disarray. There was trash all over the parking lot and in the dumpster area. I left a note on the front door regarding cleaning up the property. •April 29, 2021, May 20, 2021 and June 30, 2021, August 20, 2021, September 5,2021, I also went by the property and the trash and landscaping were still in violation. •July 2, 2021 I called the business and spoke to Gashieda the manager. I asked her if she was planning on correcting the issue. She advised she would get it taken care of right away. 43 Code Enforcement Division Timeline of Events •September 8, 2021 I posted the rehearing repeat violator notice at the property and City Hall. I sent a certified letter to the owner as well. •September 22, 2021 I checked the property again and there was still garbage in the parking lot and dumpster area. Landscaping was still not corrected. •June 27, 2017 the original case was heard by the code board and found in violation of the code. September 24, 2018 the case went into compliance. 44 Photos of violations 45 Photos of violations 46 Photos of violations 47 Photos of violations 48 Photos of violations 49 Photos of violations 50 Photos of violations 51 Photos of violations 52 Photos of violations 53 Recommendations •As of this hearing, I ask that you find the owner in repeat violation of ordinance that I've given testimony to, and $ 400.00 a day fine be imposed on the property until it comes into compliance. •At this time I’m available for any questions that you may have. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Case: 2021CE000941 Address:964 Papaya Ln. Parcel: 12-21-30-5HN-0000-5590 Property Owner(s):KEVIN R BURCH 74 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Violation(s): WS City Ord. 20-438 Vehicle parked in the front yard. IPMC 304.7 Roofs & Drainage WS City Ord. 13-2(c) Overgrown Yard WS City Ord. 13-2(b) Junk & Debris Yard Waste Inspector: Terri Guerra Complaint: Ms. Monroe 75 Code Enforcement Division Timeline of Events •Date you verified complaint: May 7, 2021 •Actions taken: Notice of Code Violation and Resident’s Guide for Parking Regulations pamphlet was sent to the owner of the property. May 14, 2021 the letter was received per tracking receipt. May 19, 2021 I received a call from the owner Mr.Burch advising he has been working a lot of hours and he just hasn’t had time to correct the violations. He requested an extension until June 30, 2021. I agreed. July 8, 2021 I received two complaints regarding his yard. I called him to get an update. Mr. Burch advised he called Waste Pro regarding trash in the right of way and they were supposed to pick it up and hadn’t. He also advised he is still working on violations. I called Waste Pro and they advised they got a call from Mr. Burch on June 25, 2021 and they thought it had been picked up. I told them it hadn’t and they need to please come and pick it up asap. 76 Code Enforcement Division Timeline of Events September 9, 2021 I posted the property and City Hall with Notice of Code Board. I also sent certified letter to the owner of the property. September 16, 2021 the notice was received thru certified letter as well. 77 Photos of violations 78 Photos of violations 79 Photos of violations 80 Photos of violations 81 Photos of violations 82 Photos of violations 83 Photos of violations 84 Photos of violations 85 Photos of violations 86 Photos of violations 87 Photos of violations 88 Recommendations •As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 30 days (October 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day. •At this time I’m available for any questions that you may have. 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Case: 2021CE000981 Address:653 N Endeavour Dr. Parcel: 01-21-30-503-0000-7290 Property Owner(s):Jose & Miriam Irizarry 112 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Violation(s): IPMC 304.7 Roofs & Drainage Inspector: Terri Guerra Complaint: Self Initiated 113 Code Enforcement Division Timeline of Events •Date you verified complaint: May 11, 2021 •Actions taken: Notice of Code Violation and Resident’s Guide for Parking Regulations pamphlet was sent to the owner of the property. May 22, 2021 the letter was left with an individual. July 9, 2021 I check the property and all violations were corrected except the tarp on the roof. September 8, 2021 I posted the property and City Hall with code board notice. I also sent notice certified 114 Code Enforcement Division Timeline of Events September 15, 2021 the Code Board notice was left with individual. 115 Photos of violations 116 Photos of violations 117 Photos of violations 118 Recommendations •As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 90 days (December 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day. •At this time I’m available for any questions that you may have. 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Case: 2021CE000991 Address:201 Williams Rd. Parcel: 11-21-30-503-0M00-0160 Property Owner(s):Daniel Alan Geist 144 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Violation(s): IPMC 302.1 SANITATION WS CITY ORD. 13-2(B)OUTDOOR STORAGE WS CITY ORD. 20-438 VEHICLES PARKED IN THE FRONT YARD WS CITY ORD. 20-434 COMMERCIAL VEHICLES WS CITY ORD. 20-411 TRAILERS 145 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Violation(s): WS CITY ORD. 6-195 MAINTENANCE OF FENCES Inspector: Terri Guerra Complaint: Self Initiated 146 Code Enforcement Division Timeline of Events •Date you verified complaint: May 12, 2021 •Actions taken: Notice of Code Violation sent to the owner of the property. June 15, 2021 the letter was returned. July 27, 2021 I posted the Notice of Code Violation at the property. September 8, 2021 I posted the property and City Hall with code board notice. I also sent notice certified. There has been no contact from the owner of the property. 147 Photos of violations 148 Photos of violations 149 Photos of violations 150 Photos of violations 151 Photos of violations 152 Photos of violations 153 Photos of violations 154 Photos of violations 155 Photos of violations 156 Photos of violations 157 Photos of violations 158 Photos of violations 159 Photos of violations 160 Photos of violations 161 Photos of violations 162 Photos of violations 163 Photos of violations 164 Recommendations •As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 30 days (October 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day. •At this time I’m available for any questions that you may have. 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Case: 2021CE001188 Address:226 Bitterwood St. Parcel: 03-21-30-503-0E00-0020 Property Owner(s):Khammanh Norravong Sanh Norravong Joint Tenants with right of Survivorship 182 City of Winter Springs Code Enforcement Division Code Board September 28, 2021 Violation(s): WS City Ord. 20-438 Vehicle parked in the front yard WS City Ord. 13-2(b) Junk & Debris Yard Waste Inspector: Terri Guerra Complaint: Anonymous complaint 183 Code Enforcement Division Timeline of Events •Date you verified complaint: May 27, 2021 •Actions taken: Notice of Code Violation was sent to the owner. June 5, 2021 the letter was received per tracking receipt. September 8, 2021 notice of Code Board was hand delivered to the owners adult son that was outside washing his vehicle. I discussed with him the violation and how he could correct the violation. He advised he would work on it. I also posted the notice at City Hall. 184 Photos of violations 185 Photos of violations 186 Photos of violations 187 Photos of violations 188 Recommendations •As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 30 days (October 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day. •At this time I’m available for any questions that you may have. 189