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HomeMy WebLinkAbout2021 09 27 Regular 501 - Appeal of Lien Reduction; Release Denial for 327 N US HWY 17-92, Longwood, FL 32750 (RaceTrac Store #2344) • REGULAR AGENDA ITEM 501 ,n m=ared CITY COMMISSION AGENDA I SEPTEMBER 27, 2021 REGULAR MEETING 1959 TITLE Appeal of a Lien Reduction/Release Denial for 3271 N US HWY 17-92, Longwood, FL 32750 RaceTrac Store #2344 SUMMARY Regarding Code Enforcement Case #2016CE000876 and pursuant to Section 2-61 .5(i) of the Code of Ordinances of the City of Winter Springs, Staff requests that the Commission consider Ms. Lori Swanks, Senior Litigation Paralegal, appeal of the denial of the Petition for Lien Reduction or Release submitted by Mr. Brian Thornton on behalf of RaceTrac, Petroleum, Inc., located at 3271 N US HWY 17-92, Longwood, FL 32750 on May 19, 2021 . The following is a summary timeline: • October 26, 2012 RaceTrac acquired the property at 3271 N US HWY 17- 92 (formerly a Hess Station). • March 29, 2016 a Notice of Code Violation was sent to the owner via certified mail to 500 East Broward Blvd #2300, Ft. Lauderdale, FL and was returned undeliverable on April 5, 2016. • On May 11, 2016 a Notice of Code Violation was posted at the property. The City removed the tires which were deemed to be a public safety and health nuisance. The owner was given 15 days to appeal. • June 14, 2016, the notice of a Code Board Hearing was sent to the owner at the same address previously noted and was signed as received on June 16, 2016. • June 28, 2016, Item 504, Public Hearing of the Code Enforcement Board Case #2016CE000876 came before the Code Enforcement Board. The Respondent was found to be in violation and given until July 19th 2016 to correct the violations. The respondent was not present. • August 9, 2016 an Affidavit of Non-Compliance was issued. • August 23, 2016, Item 600, Public Hearing of the Code Enforcement Board, Case #2016CE000876 came before the Code Enforcement Board. The property was found to be non-compliant and a fine of$250 per day was imposed and a lien filed. The Respondent was not present. 250 After its purchase of the site at 3271 N US HWY 17-92, RaceTrac redeveloped the old Hess site with substantial completion presented to the Commission on 6/11/2018 Item 308. Code Enforcement found the violations at this site to have been remedied on March 6, 2018 at which point the lien amount totaled $148,250. On May 19, 2021, Mr. Brian Thornton, on behalf of RaceTrac Petroleum, Inc., submitted a Petition for Reduction or Release of Code Enforcement Lien. The Petitioner sites RaceTrac was not aware of the lien until a title search in connection with a loan revealed the lien. It did not receive notice as the original violation was mailed to its tax consultant in Fort Lauderdale, FL and not the Corporate Office in Atlanta, GA, nor was the notice of violations served through its Registered Agent. Additionally, the Company believes it is a good business partner and neighbor in the community. The Petition was reviewed by Deputy Chief Tracht. Staff has also consulted with Senior Attorney Jennifer Nix. Recommendations were submitted to the City Manager. The request was denied based upon the following factors: • RaceTrac (the Applicant) was responsible for the violations • The length of time for the property to come into compliance (2 years). • The lien amount is less than 7.5% of the property value. City Code Section 2-61 .5(i) provides for an appeal of the City Manager's decision. On behalf of RaceTrac Petroleum Inc., Ms. Lori Swank, Senior Litigation Paralegal has submitted an appeal on August 20, 2021 . RECOMMENDATION Staff recommends that, in accordance with Section 2-61 .5(i) of the City Code, the Commission uphold the City's Managers decision to deny the petition request. 251 N LO N cz o 7� E) — O sU— O cz 0 b° U cz w U NU u z " cz � � � ct c � rn o o CZ U _ U 0 cz a� u O `� l7 o -o I p � c, �' N "sO ,. N cUd :JO O N (� I r— 00 O O U '��9•'� �� '� �� C�j 7:$ 0 oc cz o o oct U 0 s ro u ou o � 0 -oczv z W N �--� U �'' U CC N O — U cz cz CZ cz O cz O E" � z N O ., � C 5 Ub O cz 0 0 cz OC 0 cz O O •.. O U Po i o U LLJ cz c CA U U •o ct Z u •� CZLn . O cz UCt� O ^ U P Oa luncz U � cz CJ Q N Q fy' ti)M cz �. O .U. U OC o s9 0 U cz ao co U N �C w U U A B E -J C\j o LU U � i ro o Ccd Cl p O O 'C U � � C co C\jo z o cv � o o u o o C7_SeLJ__ m a � O ycz J co Q m O Q S, cz co D O 7 Oczi co cn C w O rC r" O O O d �— O ct rC O O a� N to J U Q O °� y' ro ro �o bA N cz cz O •.. �." Ln ,�•" '� c.7 C cz 0 O Ln ct c U;t cz u _� .� 3 3 m U UU "C cl i O O p d O O O G' +' O = W O ro ro a Ln d U o to m o (7 m ZQ � � � °� Oro � � � � ° c� a) s� O +� c6 N v) Q I� Li. cif H U V=f W U M N N ��NTER S �Z CITY OF WINTER SPRINGS, FLORIDA v fq 1126 EAST STATE ROAD 434 • �I9ftd 5 • WINTER SPRINGS, FLORIDA 32708-2799 eAl Telephone(407)327-1800 600 WF--( July 22, 2021 RaceTrac Petroleum, Inc. Attention: Brian Thornton 200 Galleria Parkway, Suite 900 Atlanta, GA 30339 Re: Request for Reduction/Release of City Code Enforcement Board lien at 3271 North U.S. Highway 17-92, Longwood, Fl, 32750 ("Subject Property'); Owner: RaceTrac Petroleum,Inc. ("RaceTrac") Dear Mr. Thornton: The City of Winter Springs is in receipt of your request, on behalf of RaceTrac, for a satisfaction or reduction of a lien imposed upon the Subject Property,which is owned by RaceTrac. Specifically, you have requested reduction of the following lien: • Order Imposing Fine (First Violation), (Case 2016CE000876), recorded on September 2, 2016 at Book 8761, Pages 584-585, in the Official Records of Seminole County, Florida (the"Lien"). The City has confirmed that the Subject Property is currently in compliance with the City Code. However, your application for a reduction and release of the Lien with respect to the Subject Property is hereby denied. Pursuant to Section 2-61.5 of the Code of Ordinances of the City of Winter Springs, Florida ("City Code"), I have considered your application and, made a determination based on several factors set forth in Section 2-61.5(e) as follows: • RaceTrac Petroleum, Inc (the applicant) was responsible for the violation which caused the lien. • The time in which it took the applicant to bring the property into compliance was approximately 2 years, • The accrued amount of the lien of$148,250 as compared to the current market value of the property exceeds $2MM which does not seem excessive, and has remained outstanding for more than 3 years. In accordance with Section 2-61.5(h) of the City Code, RaceTrac is hereby barred from applying for a subsequent reduction or release of lien for a period of one year. During the one- year period, the Lien may only be satisfied and released upon full payment of the fine or penalty imposed. Please coordinate payment of the Lien with City staff Donna Bruno who can be reached at(407) 327-6550 and dor unoia winterspring-sf .org. 254 An appeal of this determination must be timely filed with the city clerk,within 30 days of the date of this determination,and must include all necessary information as provided and further described in Section 2-61.5(1) of the City Code. Sincerely, Ef r Shawn Boyle City Manager 255 WINTER SPRINGS POLICE DEPARTMENT M E M O R A N D U M TO: Shawn Boyle, City Manager FROM: Matthew Tracht, Deputy Chief DATE: Tuesday, June 08, 2021 SUBJECT: Lien Reduction - 3271 N Highway 17-92, 22-20-30-300-0290-0000 REF #: DC 2021-02 1 have reviewed the application for lien reduction in this case and spoke with Code Officer Guerra who handled this case. This lien stems from violations of both city ordinances and International Property Maintenance Codes dating back to March 28, 2016. This location is currently the RaceTrac gas station located at the corner of SR 419 & US Highway 17- 92. These violations were heard by the Code Board and later taken for non-compliance. The Board found the owner in non-compliance and imposed a fine of $250.00 per day for every day the violations occurred past July 19, 2016. The property came into compliance on March 6, 2018. During this time, the property incurred fines for 593 days at $250.00 per day. 3271 N Highway 17-92 (RaceTrac) incurred a lien amount of$148,250. Site representative Brian Thornton has requested a complete reduction of the lien amount. Sould the city decide to entertain a reduction, this office would back a reduction of 10% of the original lien owed the city, making the total lien $133,425. Supporting documentation is attached to this application. Please let me know if I can help further. 256 CITY OF WINTER SPRINGS CODE ENFORCEMENT 300 North Moss Road Winter Springs, Florida 32708 i Phone: (407) 327-7975 www.winterspringsfl.org Application For PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN BEFORE this application may be processed, any and all code violations must have been brought into compliance. Please complete 0 information fields and mail application packet and the$50 application fee to the address above. 1. CONTACT INFORMATION: Applicant's Name: RaceTrac Petroleum,Inc, Representative's Name(if different than Applicant):Brian Thornton Mailing Address: 200 Galleria Parkway,Suite 900 City: State: GA Zip: 30339 Atlanta Phone: 1.:Mail: lswank@racetrac.co (770)431-7600,extension 1266 In 2. LIEN INFORMATION: Lien Address: arcel ID#: 3271 N.Highway 17-92,Winter Springs,FL f 22-20-30-300-0290-0000 Has the Applicant previously applied for lien reduction for this property? YES No:x If Yes,When? Owner of Lien Address when lien was placed:RaceTrac Petroleum,Inc. Current owner of Lien Address is: RaceTrac Petroleum, Inc. Current owner's relationship or affiliation with entity/person named in the lien: one and the same entity Other property located in the City of Winter Springs belonging to the current owner: n/a 3. CASE INFORMATION: Code Enforcement Case#: 2016-CE000876 Date Found in Violation by Code Enforcement: Date Ordered by the Code Enforcement Board to Come into Compliance: Date property was found in compliance by Code Enforcement: March 6,2018 257 4. REQUEST: LIEN BOOX# LIEN PAGE TOTALI 1 REDUCED BALANCE AMOUNTr / 8761 514-585 $ 148,762.00 $ 148,762.00 $ 148,762.00 Please attach a copy of the Order imposing the lien upon the property(must be included for your application to be considered) 5. PLEASE STATE THE REASONS,IF ANY,COMPLIANCE WAS NOT OBTAINED PRIOR TO THE RECORDING OF THE ORDER IMPOSING THE FINE: {attach additional sheets if necessary) In connection with this case number concerning the property located at 3271 North US Highway 17-92 located in Winter Springs,Florida,it is the Company's understanding that the violation was presented at the Public hearing to the Code Enforcement Board on or about June 28,2016. The same information was presented at the non-compliance hearing on August 23,2016. Consequently,as a result of non-payment there was alien placed on this property which at the present time totals$148,762.00. It is the Company's understanding,that this property came into compliance in March of 2018. In April of this year,as a result of a title search in connection with a loan involving the property at this address,the Company was made aware that there is a lien attached to this property address,and that the amount due to release the lien is $148,762.00. Once the Company was made aware of the lien and payment due,it conducted a thorough investigation. The results of the Company's investigation showed that it never received any official notices at its Corporate Office located in Atlanta,Georgia from either the police department,or the Code Enforcement Department.Also,the Company was never served through its registered agent any notices regarding the violation and/or any hearings regarding the violation. At this point,if the Company had received timely notification it would have had the opportunity to pay the fine,and resolve any issues.Furthermore,our investigation showed that the notices regarding this violation and the hearings associated with this violation were sent to an entity listed as Ryan LLC located at 500 E.Broward,Boulevard in Fort Lauderdale,Florida.Ryan LLC is the Company's tax service provider. Consequently,the Company never received any documentation from Ryan LLC in connection with this violation,and ultimately the lien. As a result,the Company respectfully requests a reduction of the entire amount of the lien totaling$148.762.00 in connection with this matter. Furthermore,if there is any other action that the Company needs to take to reduce the lien,we will be more than happy to cooperate in any way necessary as the Company values being a good business partner,and neighbor in the communities in which it provides goods to the general public. 6. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITION FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE:{attach additional sheets if necessary) Please see RaceTrac's statement above. Checklist: X Application completed in its entirety X Application properly notarized X Copy of lien attached X$50.00 application fee 258 Under the penalty of perjury,the undersigned(s): Swears or affirms that the information provided in this Application-Petition for Reduction or Release of CodeEnforcement Lien-is true and correct; Brian Thomton Applicant Signature Printed Nome STATE OF P1.MfPA Georgia COUNTY OF BMO P:Cobb Subscribed and sworn to before me this day of ,Ihl '"L,:-.: _ _ _ _ _ _ _ 20 who is ersonall, known to me or has/have produced satisfactory photo ide-A-tlfication. Type of Photo Ident ific ation: —' - - - - - - - - - - - - - - - - - - - - - - - 8 r'i Printed Nome of Notary y `�*y'5�.••' sst •., ¢'��� Notary Stamp �f�0�'"%.`NAY 2s;;••�4¢�`� V,00 Date Application Received: Received By: Date Brought Into Compliance: Compliance Verified By: Ou tstand ing Lien*i oun t: Lien Total Verified By: 259 MARYANNE MORSEr SEMINOLE COUNTY tiNTgR CLERK OF CIRCUIT COURT & COMPTROLLER S BK 8761 Pss 584-585 (2P9s) p� CLERK'S : 2016092602 F CITY OF WINTER SPRINGS, FLOFMOANED 09/02/2016 09:41 i i. AM c� V * 1126 EAST STATE ROAD 434 RECORDED BY Wevore • x•1959 • WINTER SPRINGS,FLORIDA 32708-2799 'h TELEPHONE:(407)327-1800 coQw�� FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfi.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE000876 A Florida municipal corporation, Complainant, V. Racetrac Petroleum Inc Ryan LLC C/O Rick Perez Owner of the Property located at: 3271 North US Highway 17-92 Longwood,Florida 32750 Parcel:22-20-30-300-0290-0000 Respondents, 1 ORDER IMPOSING FINE(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 August 23, 2016, to determine whether violations of the City of Winter Springs Code of Ordinances ("City Code") continue to exist, and whether an order imposing fine(first violation)should be entered against Respondent. The Board, having heard the arguments of the parties and the evidence presented, and having reviewed the record and being otherwise fully advised, issues the following Findings of Fact and Conclusions of Law 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 ("Board")finds: 1. That Respondent was provided a Notice of Hearing for the August 23, 2016 hearing, in accordance with Section 2-59 of the City Code, consistent with sections 162.06 and 162.12, Florida Statutes, and were not present at the hearing. 2. That the Board previously heard matters relating to the City Code violations of the Subject Property on June 28, 2016 at which time the Board issued its initial Order, finding Respondents in violation of Section(s) 108.1.1 Unsafe Structures., 302.3 Sidewalk And Driveways., 304.2 Protective Treatment., 304.8 Decorative Features., 304.9 Overhand Extensions., 304.15 Doors., and 304.18 Building Security. of the International Property Maintenance Code and Section(s) 9-374 — Posting of Numbers, 13-1. — General Prohibition., 13-2.(b) Junk And Debris, and 13-2.(c) Unsanitary/Overgrown of the City Code, and requiring Respondents to take certain corrective action(s) by July 19, 2016 as more specifically set forth in that Order. 3. That Respondent either failed or refused to correct such violation(s) by the date provided in the Board's prior Order,and,thus,continues to be in non-compliance with the City Code. Book8761/Page584 CFN#2016092602 Page 1 of 2 260 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000876 AUGUST 23,2016 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. That the Respondents pay to the City of Winter Springs a fine in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) for each and every day the violation(s) existed and continue(s) to exist past the 19th day of July 2016, which was the Board-ordered date for compliance. The daily fine shall continue to accrue until the Respondents report compliance to the City, and, such compliance is confirmed by the Code Enforcement Officer. The City shall be entitled to recover all costs incurred in enforcing its codes and prosecuting the case before the Board and such costs may be included in the lien,in accordance with Chapter 162,Florida Statutes. 2. That the Clerk of the Code Enforcement Board is directed to record a certified copy of this Order in the public records for Seminole County, Florida, which, pursuant to section 162.09(3), Florida Statutes, shall serve as a lien against the Property and any other real or personal property owned by the Respondents. 3. That any and all future recurrence(s) of any violation(s) addressed herein, after same have been corrected, shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) a reasonable time to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s), may impose a fine which shall not exceed Five- Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s)is/are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent to enforce this Order on Respondent's property, in accordance with Section 162.09(3), Florida Statutes,and City Code. DONE AND ORDERED at Winter Springs, Florida, this '% day of August, 2016, nunc pro tunc to August 23,2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA .,&0.4,2 A-,o .- de,e� Gregg ,Chairperson Copies furnished to: CERTIFIED MAIL,7015 0640 0000 0518 3169 Racetrac Petroleum Inc Ryan LL C/O Rick Perez,Respondent ` �• 500 East Broward Boulevard, Suite 2300 �...S... Fort Lauderdale,Florida 33394,Case File#2016CE000876y'•� �.'•� I hereby certify that a true and correct copy of the above a>Ad re g Ordawl►Imk""iog Fine (First Violation) has been furnished by certified mail to the Responde s} r Tk ondent's authorized representative on this '30 day of August,2016. c_r••.. �jf�{� .:•� . 3El1�N Antonia Della Donna,Board Secretary ` Book8761/Page585 CFN#2016092602 Page 2 of 2 261 Region: CSA: Grid: For the public:Yes Agency Report#: G�1 ►E ENPO &15R-I' W WA1 Juvenile: No Winter Springs Police Department 000876 Event* Domestic Violence: No Event* Agency ORI:FLO590600 Dating Violence: No 20160882023 Reported Day/Date: Time Dispatched: Time Arrived: Time Completed: Date Occurred From: Date Occurred To: Mon 3128,2016 15:08 3/28/201615:'08 3/28/2015 15:06 3/2812016 1512 Mon 312$/2016 040 Subdivision: Forced Entry: Occupancy: Type of Weapon: Location Type: Municipality: N/A NIA NA COMMERCIALIOFFIC WS E BLDG Incident Address: Dispatch Address:. 3271 N US HWY 1752 LONGWOOD FL 32730 3271 N US HWY 17-92 LONGWOOD FL 32750 #Offenses: #Victims: #Offenders: #Prem.Ent: #Arrested: Drug-Related: Alcohol Related: Call Disposition: Signal Code: Clearance: 12 00 00 0 00 N N I 501R Code Enforcement Compliance OFFENStS SIE"CTION Attempt/ Oft Description Statute# UCR Ordinance Commit Warrant# DVR Drug Activity 1 WS CITY ORDINANCE-TREE TRIMMINGS/YARD 13-2 b 9800 Yes C No TRASH 2 WS CITY ORDINANCE-GRASS 13-2 c 9800 Yes C No HEIGHT/OVERGROWN YARD 3 WS CITY ORDINANCE-OTHER IPMC 304.14 DOORS 77-777 9800 Yes C No 4 WS CITY ORDINANCE-OTHER 304.2 PROTECTIVE 77-777 9800 Yes C No TREATMENT 5 WS CITY ORDINANCE-13-1 GENERAL 77-777 9800 Yes C No PROHIBITION 6 WS CITY ORDINANCE-JUNK AND DEBRIS 13-2 b 9800 Yes C No 7 WS CITY ORDINANCE-HOUSEIBUILDING 9-374 9800 Yes C No NUMBERS 'S WS CITY ORDINANCE-IPMC 304.8 DECORATIVE 77-777 9800 Yes C No FEATURES(SIGNS) 9 WS CITY ORDINANCE-IPMC 304.18.1 BUILDING 77-777 9800 Yes C No SECURITY DOORS 10 WS CITY ORDINANCE-IPMC 304.9 OVERHANGS 77-777 9800 Yes C No 11 WS CITY ORDINANCE-IPMC VACANT 77-777 9800 Yes C No STRUCTURES AND LAND 301.3 12 WS CITY ORDINANCE IPMC 108.1 UNSAFE 77777 9800 Yes C No STRUCTURE NARMTIVES Rpt bate:10312BJ2016 16:14 Reporter:Guerra,Terri 867806 Clearance:Open Nar Type: O Mod By:VANTERSPRINGSItguerra I Mod Date:103i281201 616:17 Related Case# Grass and bushes are all overgrown.There are vines growing into the roof of the main building.The window to the front door is broken.There is yard debris all over the also a tarp and other misc.trash scattered_ around parking lot.There is green growth on the outside of the building and fence area.NCV will be sent to owner on record. '1swear/.0rm the above staternam are MID awtottecr Swomto ehd'Su 86ibed befoie hte,file uhdoMM.ad Officers signature: authority,this day of ,in the year 'Guerra,Tani g67806 Na Tntle of Person Authorized to Administer Oath. Name and Employee d(Printed) 2016CE000876 Printed On:06/081202115:07 Page 1 of 3 Printed by:WINTERSPRINGSImtracht 262 Region: CSA: Grid: fFor the public:Yes Agency Report#: W WA1 l � ��F����������P��� Juvenile: No 2016CE000876 Winter Springs Police Department Domestic Violence: No Event#: Agency ORI:FL0590600 Dating Violence: No 20160882023 Rpt Date:03/2912016 08:38 1 Reporter:Iftlaren,Richard m26130 Clearance:Open Nar Type: S Mod By:WINTERSPRINGSlcdelsler Mod Date:0312912016 09:11 Related Case# Upon investigation,observed a vacant building/lot of a former commercial establishment with no visible building numbers,a pile of used/discarded tires next to the main building. The front door glass pane is broken allowing for access to the interior of the building. The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas. The former signs that were used to advertise gas prices are missing panels and in need of repair. I sweadaffirm the above statements are true and correct Sworn to and subscribed before me,the undersigned Officer's Signature: authority,this day of In the year Mclaren,Richard m26130 Narnat the of Person Authorized to Administer Oath. Name and Employee#(Printed) Rpt Date:05/11/201611:47 Reporter:Mclaren,Richard m26130 Clearance:Open I Nar Type:j S Mod By:WINTERSPRINGSIrmclaren Mod Date:051111201611:49 Related Case# Due to mailing being returned in the mail as unclaimed, NCV was posted at business. Also,twelve tires were removed from the side of the building to remedy a public nuisance/public health issue due to mosquito breeding areas and possible breakdown of the materials into the ground. Notice of Remedy posted at business and notice to be mailed. I swear/affirm the above statements ere true and correct Sworn to and subscribed before me,the undersigned Officers Signature: authority,this day of in the year Mclaren,Richard m26130 Namerritle of Person Authorized to Administer Oath. Name and Employee#(Printed) Rpt Date:06/29/2016 09:48 Reporter.Deisler,Christopher d43504 Clearance.code Board Case Nar Typel, S Mod gy: NTERSPRINGSIcdeisler I Mad Date:06/29/2016 09:49 Related Case# Case was heard by code board last night. Finding of fact was provided. Will be set for non-compliance hearing should the owner fail to comply. Lien for services(tire removal)was prepared and sent to City Hall. I swearlaffirm the above statements are true and correct Sworn to and subscribed before me,the undersigned 7ff'Mr5 Si2"tum- g authority,this day of in the year Deisler.Christopher d43504 Name/Title of Person Authorized to Administer Oath. Name and Employee It(Primed) Rpt Date:071121201616:21 1 Reporter:IGuerra,Terri g67806 I Clearance:Code Board Case Nar Type: S Mod By:,*lNTERSPRINGSItguerra Mod Date:07/1212016 16:24 Related Case.# Received a call from Brian Gibson from Racetrac he wants to resolve issue as soon as possible they will be building a new store but its going to take some time.He would like to know how he can clear up violations best as he can for now.px 678-708-7591.1 advised him I would get with Capt.Deisler and get back with him asap. I swearlaflrnn the above statements are true and correct Swum to and subscribed before me,the undersigned Officers Signature: authority,this day of In the year I Guerra,Terri g678% Namerrftfe ofeersdn Authorized to Administer Oath. Name and Employee#(Primed) Rpt Date:08191201617:15 1 Reporter:Guerra,Terri g67806 Clearance Code Board Case Nar Type:1 S Mod By:WINTERSPRINGSItguerra I Mod Date:0819/2016 17:16 Related Case# Posted property and City Hall regarding Non Compliance Hearing.Sent certified letter to owner of property. swear/affirm the above steteme is are We and correct Sworn to and subscribed before me,the undersigned Oficers Signature: authority,this day or in the year. Guerra,Terri g67806 Nameffdle of Person Authorized to Administer Oath, Name and Employee#(Printed) Rpt Date:03/612018 15:39 Reporter.Deisler,Christopher d43504 Clearance:Code Nar Type: S Mod By:WINTERSPRINGSIcdeisler I Mod Date:03/612018 15:40 Related Case# Site has been demolished.PC 2.0 16 CE000876 Printed On:06/08/2021 15,07 Page 2 of 8 Printed by:WINTERSPRINGSImtracht 263 Region: CSA: Grid: ! For the public:YeS Agency Report#: C€3� E ,FORCF IEN REP iRT W WA1 Juvenile: No 2016CE000876 Winter Springs Police Department Domestic Violence: No Event#: Agency ORI:FLO590600 Dating Violence: No 20160882023 1 swear/affirm the above statements are true and correct: Swom to and subscribed before me,the undersigned Officer's Signature: authority,this days in she year Deisler,Christopher d43504 Nam.Mi.of Person Authorized to Administer Oath. Name and Employee p(Printed) Was Crime Scene Processed: No Processed By: Officer Reporting: g67806 Guerra,Terri Officer Shift: V Section: WS Unit: W804 Date:03/28/2016 Reviewed By: g67806 Guerra,Terri Review Date: 0312812016 Routed to: WS Assigned To: g67806 Guerra,Terri Assigned Date: 0312812016 Assigned Dept: WS Clearance: Code Enforcement Compliance Clearance Date: 06/29/2016 Referred To: Comments: 2016CE000876 Printed On:06/0912021 15:07 Frage 3 of 3 Printed by:WINTERSPRINGSImtracht 264 WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 Business(407) 327-1000- Fax(407) 327-6652 March 29, 2016 RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 Case#: 2016CE000876 Service Address: 3271 N US HWY 17-92 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 following violations: Inspection Number Inspector Date 2016-00000103 OFC TERRI GUERRA 03/29/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016-00000103 IPMC 108.1.1 Unsafe Structure 2016-00000103 IPMC 301.3 Vacant Structures and Land 2016-00000103 IPMC 304.15 Doors Glass to front door is broken. 2016-00000103 IPMC 304.18 Building Security Front door glass is broken allow entry. 2016-00000103 IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust 2016-00000103 IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. _ _ 2016-00000103 IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas 2016-00000103 WS 13-1 General Prohibition i 2016-00000103 WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. 2016-00000103 WS 13-2(c)Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the .. building. 2016-00000103 WS 9-374 Posting of Numbers No visible identification numbers. C.A.L.E.A and 265 State of Florida Accredited Agency 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 _ 04119/2016 Municipal Code Code Text _ IPMC.108-1 -Unsafe Structure Rn unsafe structure is one that is found to be dangerous to the life, health, prope+ty or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire,or because such structure contains unsafe equipment or is so damaged,decayed,dilapidated,structurally unsafe or of such faulty construction or unstable foundation,that partial or complete cwllapse'is possible. IPMC.301-3—Vacant structures All vacant structures and premises thereof or vacant land shall be maintained in a clean, and land safe,secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. IPMC.304-15-Doors All exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304-18-Building Security j Doors,windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304-2-Protective Treatment All exterior surfaces, including but not limited to, doors,door and window frames, cornices, porches,trim,balconies,decks and fences shall be maintained in good condition. Exterior wood surfaces,other than decayresistantwoods,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 maintained weather resistant and water fight.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. IPMC.304-8-Decorative Features All cornices,belt courses,corbels,terra cotta trim,wall facings and similar decorative 1 features shall be maintained in good repair with proper anchorage and in a safe condition. _ j IPMC.304-9-Overhang Extensions All overhang extensions including, but not limited to canopies,marquees,signs, metal awnings,fire escapes,standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials,such as paint or similar surface treatment. _ Winter Springs City Ordinance.13- Nothing may be done on any lot which may become an annoyance or nuisance to the 1- - neighborhood. No refuse pile,unsightly objects, or dead,damaged or diseased trees, that may pose a health,welfare and safety threat in the discretion of the city forester or code enforcement manager,shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles,unsightly objects or growths,or dead,damaged or diseased trees,then the city,upon reasonable notice to the land owner, may enter upon such land and remove the same,or contract with a third party for the removal of the same,at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City Ordinance.13- It shall be unlawful for any person to cause or permit junk,scrap metal,scrap lumber, 2 266 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.13- The existence of excessive accumulation or untended growth of weeds,undergrowth or 2-(c)- 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 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 i adversely affect of health,safety, lives,and/or welfare of the citizens of the city, is I hereby prohibited and declared to be a public nuisance and unlawful. Winter Springs City Ordinance-9- Each building in the corporate limits of the city shall have its assigned building number 374-Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1)The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post,wall,fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2)Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3)inches in height and one-half inch in width. (4)Numerals shall be made of a durable weather-resistant material permanently affixed to the front of the building or structure. Professionally, Code Officer Terrmuerra Certified Mailing Numbers: 7014 0150 0001 6256 3159 fr 3 267 CERTIFIED MAILT,,, RECEIPT Cr Ln (Domestic Mail Only;No Insurance Coverage Provided) M For delivery information visit our website at www.usps.coml, Ln ni Postage $ Certified Fee V Postma7K i Return Receipt Fee (Endorsement Required) fir) Herm, C3 a. Restricted Delivery Fee C3 (Endorsement Required)1Lrl 7 O Total Post go&Fees Gr ro jt orPOBox No. Clryq Sfafe,ZlP+4 r- PS Form 112006 See Revern�� 268 N Z V O CD N a CD v V 1D r Lrl ►y rtY�Y dN Em-v r_ st' 7b?`4" n �neo1)0s4 s+s kr �/ T co 41 C^ O (T$ rc�U W w W _ f� tU OD A $ IUS POSTAGE 269 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 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2016CE000676 Posted on the following date: May 11, 2016 The undersigned swears and affirms that the property has been posted: ��* � S , 1,D Dn�. SIGNATURE OFC TERRI GUERRA STAMP: NCJtARY SIGNATURE DATE E007).198-0163 ANDY L MINNETTO YCOMMISSION#FF11)6727 PIRES May 11, 201 a Floridallotai Semice.com 270 WINTER SPRINGS POLICE DEPARTMENT I I CODE ENFORCEMENT DIVISION 300 North Moss Road-Winter Springs, FL 32708 Business(407)327-1000-Fax(407) 327-6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE CASE#:2016CE000876 This is notification that the property located at 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance.The Code Inspector observed the following: Violation Description Violation Comments WS 13-2(b)Junk&Debris A pile of used/discarded tires next to the main building. The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The City of Winter Springs remedied this violation on May 11,2016. The fees associated with the corrective actions are estimated at$ per violation. If the invoice for such fees is not paid within fifteen (15)days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen(15)days of this notification date in writing to the code enforcement manager.The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 7014 0150 0001 6256 3159, , , 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. SIGNATURE OFC Rich McLaren C.A.L.E.A and State of Florida Accredited 271 CERTIFIED MAILT,, RECEIPT D. .•Provided) For delivery Iniormation visit our webslte;,.�www.usps.(,,r)m,,. Postage $ CertMed Fee U Postmark ReturnReceipt Fee (Endorsement Required) Tiers I Restricted Delivery Fee (Endorsement Required) I Total Postage&Fees $ r'7 . sent a �K �7o�tuw, �• _: --------- p ,,pp- -------------------- I orrPC ox N. Scu F Drbw-A e� SkBdU o,ao Box No. - ---- --------------------- ---- •-------- cny,were,zrP+a � PS Form :.1 August 2006 272 WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road-Winter Springs, FL 32708 U14 Business(407) 327-1000- Fax(407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with,the NOTICE OF CODE VIOLATION 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2016CE000876 Posted on the following date: May 11, 2016 The undersigned swears and affirms that the property has been posted: �-' SIGNATURE OFC TERRI GUERRA STAMP: %kum U--i% b-13-1(0 NOtARY SIGNATURE DATEE"'B-o153 ANDY L MINNETTO Y COMMISSION#FFIC6727 XPIRES May 11,2018 Floridallota Service.com 273 WINTER SPRINGS POLICE DEPARTMENT I I CODE ENFORCEMENT DIVISION IQ 300 North Moss Road -Winter Springs, FL 32708 Business(407)327-1000- Fax(407) 327-6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE CASE#:2016CE000876 This is notification that the property located at 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance.The Code Inspector observed the following: Violation Description Violation Comments WS 13-2(b)Junk&Debris A pile of used/discarded tires next to the main building. The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The City of Winter Springs remedied this violation on May 11,2016. The fees associated with the corrective actions are estimated at$ per violation. If the invoice for such fees is not paid within fifteen(15)days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen(15)days of this notification date in writing to the code enforcement manager.The appeal must include the address of the location in violation,reason,evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number:7014 0150 0001 6256 3159, , , Municipal Code Code Text Winter Springs C�YOrdinance.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. J SIGNATURE OFC Rich McLaren C.A.L.E.A and State of Florida Accredited 274 (DomesticCERTIFIED MAILT,,, RECEIPT Only, . For delivery Information visit our websiter.1 www.usps.l.;m,,, e..< . Postage a � Certified Fee (7) Return Receipt Fee .-Hers Mi (Endorsement Required) AerB I Restricted Delivery Fee (Endorsement Required) 4� I Total Postage&Fees $ Sent To i4lk K ro�Cvw� -- `" r I Uieei,i�oi:ivo.: c ----------cu---- .. u0 or PO Bar No. J ) IF gro(,y� S 23 ,5 State,ZIP+4 R / _ r ,e' q 33311 3 3800, 2006 W1 t iM�c f�- J�1f1 PS Form See Reverse for Instructions k 275 gin, CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, vs. RESPONDENT PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M.on June 28,2016 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:3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address:500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways IPMC 304.15 Doors Glass to front door is broken. V IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building.There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas i WS 13-1 General Prohibition WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. WS 13-2(c)Unsanitary 1 Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. WS 9-374 Posting of Numbers No visible identification numbers. 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 276 �E 955 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, VS. RESPONDENT PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M.on June 28,2016 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:3271 N US HWY 17-92 WINTER SPRINGS,FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address:500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways IPMC 304.15 Doors I Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building.There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. i IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13-1 General Prohibition WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the 1 main building.Trash scattered around parking lot. WS 13-2(c)Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. WS 9-374 Posting of Numbers No visible identification numbers. 0 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 277 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 Omer 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 6/13/2016,posted on the property,and at a government office as per Florida State Statute 162. Certified Number:7014 0150 0001 6256 3159,7014 0150 0001 6256 4125 The text of the associated violations,as it appears in the Municipal Code,is stated below: IPMC.108-1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health,property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire,or because such structure contains unsafe equipment or is so damaged,decayed,dilapidated,structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC.302 3 Sidewalks and All sidewalks walkways,stairs driveways,parking spaces and similar areas shall be kept Driveways proper state of repair,and maintained free from hazardous conditions. IPMC.304-15-Doors fAll exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304-18-Building Security I Doors,windows or hatchways for dwelling units,room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304-2-Protective All exterior surfaces, including but not limited to,doors,door and window frames,cornices, Treatment porches,trim, balconies,decks and fences shall be maintained in good condition. Exterior wood surfaces,other than decayresistantwoods, 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 maintained weather resistant and water tight.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. TP—MG.-3-0-4-8-Decorative All cornices,belt courses,corbels,terra cotta trim,wall facings and similar decorative features Features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304-9-Overhang All overhang extensions including,but not limited to canopies,marquees,signs,metal Extensions awnings,fire escapes,standpipes and exhaust ducts shall be maintained in good repair and be property anchored so as to be kept in a sound condition.When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials,such as paint or similar surface treatment. Winter Springs City Nothing may be done on any lot which may become an annoyance or nuisance to the Ordinance.13-1- - neighborhood.No refuse pile,unsightly objects,or dead,damaged or diseased trees,that may pose a health,welfare and safety threat in the discretion of the city forester or code ,a, enforcement manager,shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths,or dead,damaged or diseased trees,then the city,upon reasonable notice to the 278 land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same,at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal,scrap lumber, Ordinance.13-2-(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 The existence of excessive accumulation or untended growth of weeds,undergrowth or other Ordinance.13-2-(c)- 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 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 Ordinance- Each building in the corporate limits of the city shall have its assigned building number 9-374-Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1)The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox,post,wall,fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2)Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three(3)inches in height and one-half inch in width. (4) Numerals shall be made of a durable weather-resistant material permanently affixed to the front of the building or structure. J J r' s SIGNATURE Inspector a 279 USPS.com® -USPS Tracking® Page 1 of 1 English Customer Service USPS Mobilo Register Sign In aUSPSCo Customer Service> USPS Tracking® FUI Have questions?We're here to help. Get Easy Tracking Updates> Sign up for My USPS. Tracking Number:70140150000162564125 Product & Tracking Information Available Actions Postal Product: Features: Certed Mail' Text Updates DATE i TIME STATUS OF ITEM LOCATION Email Updates June 14,2016,10:04 pm Departed USPS Facility ORLANDO,FL 32862 Your item departed our USPS facility in ORLANDO,FL 32862 on June 14,2016 at 10:04 pm.The Item is currently in transit to the destination. 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Search or Enter a Tracking Number e 280 httnc-//tnnlc.iicnc.com/go/TrackConfirmAction?otc tLabe1s1=70140150000162564125 6/15/2016 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road-Winter Springs, FL 32708 `"' Business(407) 327-1000- Fax(407)327-6652 NIIIIIIINOF AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE000876 Posted on the following date: June 13, 2016 The undersigned swears and affirms that the property has been posted: n aA — MU& Vaf"A. SIGNATURE NOTARYpURC OFC TERRI GUERRA 8TATE OF nAXt" WCAMM FM9= EMMO 7121=19 STAMP: NOTARY SIGNATURE DOE' 281 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY Complete Rams 1,2,and 3.Also complete A. Sig re Item 4 if Restricted Delivery is desired. X4e �� E3 gent Print your name and address on the reverse {/` ❑Addressee so that we can return the card to you. B. Received by(Pdnfed Name) C.Date of Delivery Attach this card to the back of the mallplece, or on the front If space permits. Article Addressed to: D. Is,deliveryaddress different from item 1? ❑Yes If YES,enter dellvery address below: ❑No jC c�CC Yee 1 m \J n '��,�n L LC. 10 y2�� Qre � �Tr 3CD 3. Service Type JL F� ❑Certmed Male ❑Priority Mall Express'" ' 13Registered 13Return Receipt for Merchandise 3 3 3co 1 ❑Insured Mall ❑Collect on Delivery 4. Restricted Deliver/?Pft Fee) ❑Yes Article Number (rranstiar mtm ice kbW 7 014 0150 0001 6336 1747 3 Form 3811,July 2013 Domestic Return Receipt 282 ENDER: COMPLETE THIS SECTION COMPLETE THIS S,�CTION ON DELIVERY I Complete items 1,2,and 3.Also complete A. s Item 4 if Restricted Delivery Is desired. 0 Agent I Print your name and address on the reverse X 13 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery I Attach this card to the back of the mailpiece, or on the front if space permits. _ b Amble Addressed to: D. Is delivery address different from item 11 Yes H YES,enter delivery address below: 0 No G�` r110 Certeifl�MAIN ❑Priority Mell hxpressFL 3-3�l ❑Registered ❑Return Receipt for Merchandise — Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number (7hirufer from service►abeq 7 014 015 0 0001 6256 4125 s Form 3811,July 2013 Domestic Return Receipt 283 WINTER SPRINGS POLICE DEPARTMENT I ( 'CODE ENFORCEMENT DIVISION 300 North Moss Road-Winter Springs, FL 32708 =454 Business(407)327-1000- Fax (407)327-6652 AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD August 9, 2016 RACETRAC PETROLEUM INC, , , OFC TERRI GUERRA, has re-inspected the property at 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 on August 9, 2016. The property has been found to be in non-compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on:June 28,2016. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways >>enter comment here<< IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deterioratin and showing excess amounts of rust in many areas WS 13-1 General Prohibition WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. WS 13-2(c) Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. WS 9-374 Posting of Numbers No visible identification numbers. NAT RE ATE Vsbg*A Rkkkk OFC TERRI GUERRA NOTARY PUSLIC STATE OF FLORIDA Cawn#FF901I 22 WExplireal/21=119 STAMP- SIGNATURE OF NOTARY qAtE C.A.L.E.A and State of Florida Accredited Agency 284 �IK9 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, vs. RESPONDENT PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on August 23,2016 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 28,2016. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434,Winter Springs, Florida. Address of Violation:3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address:500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways >>enter comment here<< IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building.There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13-1 General Prohibition WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parkipg lot. WS 13-2(c) Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. 3 _ 285 WS 9-374 Posting of Numbers No visible identification numbers. 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 8/8/2016, posted on the property, and at a government office as per Florida State Statute 162. Certified Number:7014 0150 0001 6336 1747, , , The text of the associated violations,as it appears in the Municipal Code, is stated below: IPMC.108-1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health,property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or wam occupants in the event of fire,or because such structure contains unsafe equipment or is so damaged,decayed,dilapidated,structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC.302-3-Sidewalks and All sidewalks,walkways,stairs, driveways,parking spaces and similar areas shall be kept Driveways in a proper state of repair,and maintained free from hazardous conditions. IPMC.304-15-Doors All exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304-18-Building Security Doors,windows or hatchways for dwelling units,room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304-2-Protective All exterior surfaces,including but not limited to,doors,door and window frames,cornices, Treatment porches,trim, balconies,decks and fences shall be maintained in good condition. Exterior �. wood surfaces, other than decayresistantwoods,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 maintained weather resistant and water tight.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. _I IPMC.304-8-Decorative All cornices, belt courses,corbels,terra cotta trim,wall facings and similar decorative Features features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304-9-Overhang All overhang extensions including, but not limited to canopies,marquees,signs,metal Extensions awnings,fire escapes,standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials,such as paint or similar surface treatment. i 286 Winter Springs City Nothing may be done on any lot which may become an annoyance or nuisance to the Ordinance.13-1- - I neighborhood. No refuse pile,unsightly objects,or dead,damaged or diseased trees,that may pose a health,welfare and safety threat in the discretion of the city forester or code enforcement manager,shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths,or dead,damaged or diseased trees,then the city,upon reasonable notice to the land owner, may enter upon such land and remove the same,or contract with a third party for the removal of the same,at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance.13-2-(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 1 The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance.1 3-2-(c)- 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 i 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. I Winter Springs CityOrdinance- I Each building in the corporate limits of the city shall have its assigned building number 9-374-Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1)The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post,wall,fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2)Any numbers which are not clearly visible and legible from the public or private way shall not be used. 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N 0 01 ✓1 N N K 0C 3 W W — N S 01 d L Z 0 m O z a to oim Vi ® f v C 1_ V! « y Al 10,co E S E E o ° 4 V L IJII LL R m m Ln o rn n 00 00 en u9 N M M f Q w C E OG a fn .G r a eu a s a m a l a ~ Q m 0 C> ac 0 LUH (n N _] O a o rz� d z m V) d a � ImC) 0Q o m N O by' 2 Ctea, m m } o LL a s t m m a W a z 291 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 504 Consent Public Hearings X Regular June Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. 292 WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 Business (407) 327-1000- Fax(407) 327-6652 March 29, 2016 RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 Case#: 2016CE000876 Service Address: 3271 N US HWY 17-92 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 following violations: Inspection Number Inspector Date 2016-00000103 OFC TERRI GUERRA 03/29/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016-00000103 IPMC 108.1.1 Unsafe Structure 2016-00000103 IPMC 301.3 Vacant Structures and Land 2016-00000103 IPMC 304.15 Doors Glass to front door is broken. 2016-00000103 IPMC 304.18 Building Security Front door glass is broken allow entry. 2016-00000103 IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust 2016-00000103 IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. 2016-00000103 IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas 2016-00000103 WS 13-1 General Prohibition 2016-00000103 WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. 2016-00000103 WS 13-2(c) Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. 2016-00000103 WS 9-374 Posting of Numbers No visible identification numbers. C.A.L.E.A and State of Florida Accredited Agency 293 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 04/19/2016 Municipal Code Code Text IPMC.108-1 - Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated,structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC.301-3—Vacant structures All vacant structures and premises thereof or vacant land shall be maintained in a clean, and land safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. IPMC.304-15-Doors All exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304-18- Building Security Doors,windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304-2- Protective Treatment All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches,trim, balconies,decks and fences shall be maintained in good condition. Exterior wood surfaces,other than decayresistantwoods, 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 maintained weather resistant and water tight.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. IPMC.304-8-Decorative Features All cornices, belt courses, corbels,terra cotta trim,wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304-9-Overhang Extensions All overhang extensions including, but not limited to canopies, marquees,signs, metal awnings,fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Winter Springs City Ordinance.13- Nothing may be done on any lot which may become an annoyance or nuisance to the 1- - neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health,welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead,damaged or diseased trees,then the city, upon reasonable notice to the land owner, may enter upon such land and remove the same,or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City Ordinance.13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 2 294 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.13- The existence of excessive accumulation or untended growth of weeds, undergrowth or 2-(c)- 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 i r may reasonably become infested or inhabited b rodents,vermin or wild animals, or so y y Y 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 Ordinance-9- Each building in the corporate limits of the city shall have its assigned building number 374- Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1)The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post,wall,fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2)Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3)inches in height and one-half inch in width. (4) Numerals shall be made of a durable weather-resistant material permanently affixed to the front of the building or structure. Professionally, Code Officer Ter ' uerra Certified Mailing Numbers: 7014 0150 0001 6256 3159 3 295 Postal (DomesticCERTIFIED MAILT. RECEIPT Ln r-3 M For delivery Information visit our website at www.usps.coms Ln nj Postage rq Certified Fee {� i E3 dJ, Postmark Return Receipt Fee (Endorsement Reqwred) Hera., y Restricted Delivery Fee 3 l C3 (Endorsement Required) Ln i O Total Postage&Fees (- /j vY+i "t sww (o C3 Stree, pt.No.; (�- --POBox No. � � -=`{- ----y ___� uu City,State,ZIP+4 r- PS Form 3800,August YY. See Reverse for Instructions i 296 n � g O� Z M o I V1 J VO Z _A N T ya a N V V �O Ln N g—I IM Exp e, V%J ` K;c il' zw e" 3 m t 01 S m ca ICA- :EF ,a, ca C3� cc.i dM o n flU Ci, I�.r Cn Ius POSTAGEI 297 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 r,s9 Business(407) 327-1000 - Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE VIOLATION 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2016CE000876 Posted on the following date: May 11, 2016 The undersigned swears and affirms that the property has been posted: SIGNATURE OFC TERRI GUERRA STAMP: NCNrARY SIGNATURE DATE MANDY L MINNETTO 40 MYC0MMISSION#FF106727 oFF��P, EXPIRES May 11, 2018 (407)398/0153 Floridallota Service.com 298 r4<1` WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 1W Business (407) 327-1000 - Fax(407) 327-6652 N1959 NOTICE OF REMEDY OF A PUBLIC NUISANCE CASE#: 2016CE000876 This is notification that the property located at 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance.The Code Inspector observed the following: Violation Description Violation Comments WS 13-2(b)Junk&Debris A pile of used/discarded tires next to the main building. The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The City of Winter Springs remedied this violation on May 11, 2016 . The fees associated with the corrective actions are estimated at$ per violation. If the invoice for such fees is not paid within fifteen (15)days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen (15)days of this notification date in writing to the code enforcement manager.The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 7014 0150 0001 6256 3159, , , 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. SIGNATURE OFC Rich McLaren C.A.L.E.A and State of Florida Accredited 299 M ebsite P.1 For delivery Information visit our w MIWW.usPSXoMC 4, Ln (U Postage $ Certified Feerq U� rq Pos]mark Return Receipt Fee ;Here O (Endorsement Required) Restricted Delivery Fee ' p (Endorsement Required) p Ln r-I Total Postage&Fees $ O 1 l� Sent Torzl � L�f C3 -------------------------- - r- or PO Box No. J C3 Street,Apt.No.; CtU F $roW--A gj, Sk?360 City,State, ------------Z--I-P-+--4-- ---------------- PS Form :00August 2006(^(( JJ� See Reverse for Instructions- I 300 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, vs. RESPONDENT II� PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 28,2016 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:3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address: 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways IPMC 304.15 Doors Glass to front door is broken. i IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building.There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13-1 General Prohibition WS 13-2(b)Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. WS 13-2(c) Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. WS 9-374 Posting of Numbers No visible identification numbers. 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 301 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 6/13/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6256 3159 , 7014 0150 0001 6256 4125 , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.108-1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged,decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC.302-3-Sidewalks and All sidewalks,walkways, stairs, driveways, parking spaces and similar areas shall be kept in a Driveways proper state of repair, and maintained free from hazardous conditions. IPMC.304-15-Doors All exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304-18-Building Security Doors,windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304-2-Protective All exterior surfaces, including but not limited to, doors, door and window frames, cornices, Treatment porches,trim, balconies,decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decayresistantwoods, 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 maintained weather resistant and water tight.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. IPMC.304-8-Decorative All cornices, belt courses, corbels,terra cotta trim,wall facings and similar decorative features Features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304-9-Overhang All overhang extensions including, but not limited to canopies, marquees,signs, metal Extensions awnings,fire escapes,standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Winter Springs City Nothing may be done on any lot which may become an annoyance or nuisance to the Ordinance.13-1- - neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees,that may pose a health,welfare and safety threat in the discretion of the city forester or code enforcement manager,shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead,damaged or diseased trees,then the city, upon reasonable notice to the 302 land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance.13-2-(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 The existence of excessive accumulation or untended growth of weeds, undergrowth or other Ordinance.13-2-(c)- 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 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 Ordinance- Each building in the corporate limits of the city shall have its assigned building number 9-374-Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1)The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post,wall,fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2)Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three(3)inches in height and one-half inch in width. (4) Numerals shall be made of a durable weather-resistant material permanently affixed to the front of the building or structure. SIGNATURE Inspector 303 USPS.com® -USPS Tracking® Page 1 of 1 English Customer Service USPS Mobile' Register I Sign In Customer Service> USPSTracking® Have questions?We're here to help. i;e toGet Easy Tracking Updates> Sign up for My USPS. Tracking Number:70140150000162564125 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail' Text Updates DATE&TIME STATUS OF ITEM LOCATION Email Updates June 14,2016,10:04 pm Departed USPS Facility ORLANDO,FL 32862 Your item departed our USPS facility in ORLANDO,FL 32862 on June 14,2016 at 10:04 pm.The item is currently in transit to the destination. June 14,2016,7:54 pm Arrived at USPS Facility ORLANDO,FL 32862 Track Another Package Manage Incoming Packages Tracking(or receipt)number Track all your packages from a dashboard. _.___. _.. _.._ ._...._ _.... No tracking numbers necessary. Track It Sign up for My USPS> *0 HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy Site Index Newsroom Postal Inspectors Terms of Use FAQs USPS Service Updates Inspector General FOIA Forms&Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyright C 2016 USPS.All Rights Reserved. Search or Enter a Tracking Number 304 https://tools.usps.com/go/TrackConfimiAction?gtc_tLabelsl=70140150000162564125 6/15/2016 �R(CCR6 WINTER SPRINGS POLICE DEPARTMENT i CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 '1959 TS Business(407) 327-1000 - Fax (407) 327-6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE000876 I Posted on the following date: June 13, 2016 The undersigned swears and affirms that the property has been posted: i VWWIs A.RWdlck SIGNATURE NOTARY PUBLIC STATE of FLORIDA OFC TERRI GUERRACOMMOFM'Za E*k"7/21/2019 I � " j J STAMP: � T NOTARY SIGNATURE D E 305 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 600 Consent Public Hearings X Regular August Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. 306 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 10 OF 21 VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE#2016CE000876 Racetrac Petroleum Inc.Ryan LLC CIO Rick Perez 3271 North US Highway 17-92 Winter Springs,Florida 32708 City Code 9-374.—Posting Of Numbers. City Code 13-1.—General Prohibition. City Code 13-2.(b)Junk And Debris City Code 13-2.(c)Overgrown Yard And Yard Waste IPMC 108.1.1 Unsafe Structures. IPMC 301.3 Vacant Structures And Land. IPMC 302.3 Sidewalk And Driveways. IPMC 304.15 Doors. IPMC 304.18 Building Security. ' IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. (Signs) IPMC 304.9 Overhang Extensions. Inspector: Code Officer Terri Guerra First, Code Officer Guerra introduced the Case and submitted into Evidence, "WS-1" the presentation and"WS-2"the Return Receipt. Code Officer Guerra testified, "On March 281h, 2016 I observed a vacant property, which used to be the old Hess gas station, deteriorating. There are no visible building numbers. The bushes and grass are overgrown. There is yard waste all over property and a tarp with other miscellaneous trash scattered around the property. There is also a pile of used tires next to the main building. The front door glass pane is broken allowing access to the interior of the building. The main overhang area covering, where the gas refueling area was, is deteriorating and showing excess amounts of rust in many areas. The old signs that were used to advertise gas prices are missing panels and are in need of repair or removal. There is black and green growth all over the outside of the building and fence area. 307 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 1 I OF 21 On March 29`h, 2016 Notice of Code Violation was sent to owner on record. On April 5t', 2016 the United States Postal Service website advised letter was Undeliverable. On May l Itb, 2016 the Notice of Code Violation was Posted at the property due to the letter being returned. Code Officer McLaren removed twelve (12) tires from the property due to concern of mosquitoes breeding in the tires. Notice of Remedy for tire removal was also Posted on property and mailed to the owner. On June 13th, 2016 a Notice of Code Board Posted at property and mailed Certified and First Class to the owner of property. On June 160`, 2016 the Notice of Code Board was signed for as Received." Next, Code Officer Guerra referred to photographs from "WS-1" with additional comments. Code Officer Guerra then stated, "There has been no other contact from owner of the property at this time. I am recommending the owner of property given until July 19th, 2016 to correct the Violations. If Violations are not corrected, a Fine of two hundred and fifty dollars($250.00)a day be imposed." Senior Attorney Nix clarified that Violation of International Property Maintenance Code 108.1.1 is the Violation being pursued. Comments followed about the history of the property. 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 JULY 19TH, 2016 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) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. 308 1959 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, vs. RESPONDENT PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on August 23,2016 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 28, 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: 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address: 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways >>enter comment here« IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building.There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13-1 General Prohibition WS 13-2(b)Junk& Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. WS 13-2(c) Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. 309 WS 9-374 Posting of Numbers No visible identification numbers. 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 8/8/2016, posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 1747 , , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.108-1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged,decayed,dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC.302-3-Sidewalks and All sidewalks,walkways, stairs, driveways, parking spaces and similar areas shall be kept Driveways in a proper state of repair,and maintained free from hazardous conditions. IPMC.304-15-Doors All exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304-18-Building Security Doors,windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304-2-Protective All exterior surfaces, including but not limited to, doors, door and window frames,cornices, Treatment porches,trim, balconies,decks and fences shall be maintained in good condition. Exterior y wood surfaces, other than decayresistantwoods, 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 maintained weather resistant and water tight.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. IPMC.304-8-Decorative All cornices, belt courses, corbels,terra cotta trim,wall facings and similar decorative Features features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304-9-Overhang All overhang extensions including, but not limited to canopies, marquees,signs, metal Extensions awnings,fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.When required,all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 310 Winter Springs City Nothing may be done on any lot which may become an annoyance or nuisance to the Ordinance.13-1- - neighborhood. No refuse pile, unsightly objects,or dead,damaged or diseased trees,that may pose a health,welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees,then the city, upon reasonable notice to the land owner, may enter upon such land and remove the same,or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance.13-2-(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 The existence of excessive accumulation or untended growth of weeds, undergrowth or Ordinance.13-2-(c)- 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 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 Ordinance- Each building in the corporate limits of the city shall have its assigned building number 9-374-Posting Of Numbers property displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1)The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post,wall,fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2)Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three(3) inches in height and one-half inch in width. (4) Numerals shall be made of a durable weather- resistant material permanently affixed to the front of the building or structure. ATURE OFC TERRI GUERRA 311 61 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 NON-COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD August 9, 2016 RACETRAC PETROLEUM INC , , , OFC TERRI GUERRA, has re-inspected the property at 3271 N US HWY 17-92 WINTER SPRINGS, FL 32708 on August 9, 2016. The property has been found to be in non-compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on:June 28,2016. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk&Driveways —enter comment here« IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13-1 General Prohibition WS 13-2(b) Junk&Debris There is a large grey tarp on the ground.A pile of used/discarded tires next to the main building.Trash scattered around parking lot. WS 13-2(c) Unsanitary/Overgrown Grass and bushed overgrown.There is a vine growing up onto the roof of the building. WS 9-374 Posting of Numbers No visible identification numbers. �aa - '�� )Q I I �D 'SidNATURE 6ATE Vdarie A.Riddick OFC TERRI GUERRA NOTARY PUBLIC STATE OF FLORIDA CcrmrO FF901822 i&E)Vr*97/21/2019 (� STAMP: SIGNATURE OF NOTARY qAtE C.A.L.E.A and State of Florida Accredited Agency 312 USPS.com® - USPS Tracking® Page 1 of 1 English Customer Service USPS Mobile" Register I Sign In aUSPS.COm' Customer Service> USPSTracking® E3Have questions?We're here to help. J Get Easy Tracking Updates> Sign up for My USPS. Tracking Number:70140150000163361747 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail's Text Updates DATE&TIME STATUS OF ITEM LOCATION Email Updates August 12,2016,11:18 am Delivered,Front FORT Desk/Reception LAUDERDALE,FL 33301 Your item was delivered to the front desk or reception area at 11:18 am on August 12,2016 in FORT LAUDERDALE,FL 33301, Track Another Package Manage Incoming Packages Tracking(or receipt)number Track all your packages from a dashboard. __._..._. ..___.__.. ._... No tracking numbers necessary. Track It Sign up for My USPS> fl�* HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy Site Index Newsroom Postal Inspectors Terms of Use FAQs USPS Service Updates Inspector General FOIA Forms&Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyright C 2016 USPS.All Rights Reserved. w 313 https:Htools.usps.com/go/TrackConfirmAction?gtc_tLabelsl=70140150000163361747 8/15/2016 SPI�N T'ER S � A z CITY OF WINTER SPRINGS, FLORIDA 0 U omted fn 1126 EAST STATE ROAD 434 • �n��1959 a WINTER SPRINGS, FLORIDA 32708-2799 111*V C"1 TELEPHONE: (407)327-1800 C0D WEI FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2016CE000876 A Florida municipal corporation, Complainant, V. Racetrac Petroleum Inc.Ryan LLC C/O Rick Perez Owner of the Property located at: 3271 North US Highway 17-92 Longwood,Florida 32750 Parcel: 22-20-30-300-0290-0000 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 June 28, 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 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 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 9-374. — Posting Of Numbers., 13-1. — General Prohibition., 13-2.(b) Junk And Debris, and 13-2.(c) Unsanitary / Overgrown of the City Code and 108.1.1 Unsafe Structures., 301.3 Vacant Structures And Land., 302.3 Sidewalk And Driveways., 304.15 Doors., 304.18 Building Security., 304.2 Protective Treatment., 304.8 Decorative Features. (Signs), 304.9 Overhang Extensions. of the International Property Maintenance Code exists or existed 314 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000876 JUNE 28,2016 PAGE 2 OF 3 upon the Property and that Respondent was further provided a reasonable time to correct said violation(s); 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: 9-374. —Posting Of Numbers., 13-1. —General Prohibition., 13-2.(b) Junk And Debris, 13- 2.(c) Unsanitary/ Overgrown of the City Code and 108.1.1 Unsafe Structures., 301.3 Vacant Structures And Land., 302.3 Sidewalk And Driveways., 304.15 Doors., 304.18 Building Security., 304.2 Protective Treatment., 304.8 Decorative Features. (Signs), 304.9 Overhang Extensions. of the International Property Maintenance Code; 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 19, 2016 to correct the violation(s) of the City Code on the Property; 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 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 315 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2016CE000876 JUNE 28,2016 PAGE 3 OF 3 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 DONE AND ORDERED at Winter Springs, Florida, thisC07 day of July, 2016, nunc pro tunc to June 28, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA A�� eo_e�� regg R66 , Chairperson Copies furnished to: CERTIFIED MAIL 7015 6040 0000 0518 4456 Racetrac Petroleum Inc. Ryan LLC C/O Rick Perez, Respondent 500 East Broward Boulevard, Suite 2300 Ft. Lauderdale, Florida 33394, Case File#2016CE000876 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 July, 2016. Antonia Della Donna, Board Secretary 316 MARY#i KOM, MERli OF CIRCUIT WURT SMINUL-E COUNTY BK 07904 Pqs 1136 - 11321 (3pRs) CLERK'S # 2012140583 wwltl)l`o 11/21/2o12 oeimios P* This instrumesst prepared by and after WIM DOC TAX 74 000.00 Rh�DbIDINO FSS 27.00 Recordir�gs�etssrrsto. R2C�tDkD 8Y T Smith Philip F.West,Esq. Corporate Counsel Racetrac Petroleum,Inc. 3225 Cumberland Blvd.,Ste. 100 Atlanta.,GA 30339 This space reserved for Recorder's use only. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the,P d y of October, 2012, by SHORECREST ACQUISITIONS, LLC, a Florida limited liability company, having its principal place of business at 3361 Rouse Road, Suite 235, Orlando, FL 32817 (hereinafter referred to as "Grantor"), in favor of RACETRAC PETROLEUM, INC., a Georgia corporation, having its principal place of business at 3225 Cumberland Boulevard, Suite 100, Atlanta,Georgia 30339 (hereinafter referred to as the "Grantee"). (Wherever used herein the terms "Grantor" and "Granted" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of business entities.) WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and No/100ths Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, by these presents does hereby grant,bargain, sell, convey, remise, release and transfer unto the Grantee all that certain land situate in Seminole County,Florida,more fully described as follows(the"Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining,to the only proper use,benefit and behoof of GRANTEE forever in FEE SIMPLE. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby warrants the title to the Property subject to all interests, leaseholds, easements, encumbrances, liens, defects and special assessments of record and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but to no other. (Signature page follows) 317 IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its name by its proper officers duly authorized, as of the day and year first above written. GRANTOR: SIGNED IN THE PRESENCE OF: SHORECREST ACQUISITIONS,LLC, a Florida limited liability company A Print Name: ""�43- By: Pie Print Name: V- tCl Name: Stephen J. DeWitt Title: Manager STATE OFF A) COUNTY O The foregoing instrument was acknowledged before me this day of October,2012 by STEPHEN J. DEWITT, Manager of SHORECREST ACQUISITION , LLC, a Florida limited liability company. He is personally known to me or�as�Oduced 5 as identification. i e Print Name: C NOTARY PUBLIC My Commission Expires: [Notary Seal or Stamp) SZEFN14% LOLLIS�1o[ida gtate at1 3.2 Tax Parcel No.:222030-300-0290-00000 and 222030-300-0300-0000 " tnfILblic- 613 ��+°ue;% NotatY iter Aug :g• '•°.""'MY rwoo-ExD DD 916846 Oommissi ylatioaa4 Notary Assn• 318 0....I.7nnAIM—..... CAI- anA4n4Af%C003 Exhibit"A" Leel Deseziption Pared 1: Begin 100.0 feet North and 130.0 feet West of the S.E.corner of the N.E. 1/4 of the SW 1/4 of the SW 1/4 of Section 22, Township 20 South, Range 30 East;thence run N.89053'40"W,80.31 fleet;thence run N 49°5737'W., 134.44 feet to the Easterly right-of-way line of U.S. Highway 17-92;thence run N.4102224"W.,with said Easterly rigWd-way line, 276.43 fleet;thence run S.48041'51"E., 75.96 feet;thence run S.48020'42"E.,57.52 feet;thence run South 50.81 fleet,• thence run N.90°00'00"W.,101.08 feet;thence run S.00034'43"E., 154.91 feet feet to the Point of Beginning; As modified by Quit Claim Deed recorded December 21,1990 in Official Records Book 2251, Page 795;that Corrective Quit Claim Deed recorded March 22, 1991 in official Records Book 2276,Page 1279 and that Quit Claim Deed recorded March 9, 1994 in Oftidal Records Book 2739,Page 1570, Public Records of Seminole County, Florida. Parcel 2: Begin 30 feet West and 100 feet North of the Southeast comer of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 22,Township 20 South,Range 30 East,run North 155.5 feet,along the West right of way line of Sanford Oviedo Road,thence West 100 feet,thence South 155.5 feet,thence East 100 feet tD the Point of Beginning,lying In Seminole County,Florida. 0....I-7nnd /n.. d#3n nCAI-Urin4n4Anr-O7 319 } k ! , ! ! ! ! ! ■ / / O r & r ■ y � o f ' I o � � ■ £ £ ! _ � ! ! & ! ! , - Q J � � � � ( © ■ ■ [ § $ ( z < fa93 % « _ { § - @ .. � 21 / ( § } » \ § / . \ ¥ m ¥ | ! § - " $ 4f § ) § §§ ; | ! ) i § ; � e § k22 ■ { t / k § | § § | | � ■ � ! , m o . ° ■ | \ ] k ) k � k $ k a ! ■ 3 � f � & ; � = 320