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Home My WebLink About2023 01 24 Public Hearing - Non-Compliance Case item 601 - Case# 2022CE001717 325 Riunite CircleJ XNTCp SA O z CITY OF WINTER SPRINGS, FLORIDA U 1126 EAST STATE ROAD 434i•p I959 • WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 G-D WF- FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2022CE001717 A Florida municipal corporation, Petitioner, V. U. S. BANK, NATIONAL ASSOCIATION, 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 October 25, 2022 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 Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1.That the property at issue in this matter is located at 325 Riunite, Winter Springs, Florida 32708 ("Property") and is assigned the following Parcel ID# 03-21-30-5KK-0000-0680. The Property is owned by U.S. BANK,NATIONAL ASSN. ("Respondent"). 2.That the Respondent was provided a Notice of Violation in accordance with Sections 2-60 and 2-61 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes. Such Notice of Violation alleged violations of Sections 13-2(e) Stagnant Pool, City Code,-13-2(c) Overgrown Yard, City Code; and 302.1 Sanitation, International Property Maintenance Code ("7PMC") and required corrective actions relating to the Property. 146 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE001717 OCTOBER 25,2022 PAGE 2 OF 3 3.That the Respondent was provided a reasonable time to correct said violations prior to this hearing. 4.That the Respondent either failed or refused to correct such violations within the reasonable time period provided in the Notice of Violation. 5.That the Respondent was provided a 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. The Respondent was not present at the hearing. 6. The City's power point presentation, photographs, notices, additional case information, and other evidence presented are admitted into evidence. City code enforcement officers provided sworn testimony and photographs relative to the violations, addressing the presence of a stagnant pool (Photo 2); overgrown yard, bushes and trees growing on the side of the house and bushes grown over the roof(Photos 1, 3-4); black growth on the fascia and side of the house (Photos 3-4). Conclusions of Law 7.That based on the testimony and evidence presented as well as the testimony and photographs presented by the code enforcement officer depicting a stagnant pool (13-2(e), City Code); overgrown yard, bushes and trees growing on the side of the house and bushes grown over the roof(13-2 c), City Code) and black growth on the fascia and side of the house (302.1, IPMC) all of which remains beyond the compliance date set forth in the Notice of Violation, Respondent violated Sections 13-2(e) Stagnant Pool, City Code;13-2(c) Overgrown Yard, City Code; and 302.1 Sanitation, IPMC. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1.The Respondent be given until November 15, 2022 to correct the violations of the City Code on the Property. The Respondent shall be responsible to provide notice of such violations being corrected to the Code Enforcement Officer. 2.If the Respondent fails to correct the violations 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 violations 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 beginning on November 15, 2022 and continuing to accrue daily until the violations are brought into compliance. 3.The Clerk of the Code Enforcement Board may be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which shall constitute notice to any subsequent purchasers, successors in interest, or assigns of the subject property, and the findings herein shall be binding upon the Respondent, any subsequent purchasers, successors in interest, or assigns. If this Order is recorded and is complied with by the date specified herein, an Order acknowledging compliance shall likewise be recorded in the public records. A hearing is not required to issue such an 147 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE001717 OCTOBER 25,2022 PAGE 3 OF 3 order acknowledging compliance with the original order. The Respondent shall be responsible to provide notice of such violations being corrected to the Code Enforcement Officer. 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 the Respondent notice of the repeat violation, the Code Enforcement Officer is not required to provide Respondent a reasonable time to correct such repeat violation(s). The Board, upon finding such repeat violation(s) exist(s),may impose a fine not to exceed Five Hundred Dollars ($500.00) for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the Code Enforcement Officer. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent to enforce this Order in accordance with Section 162.09,Florida Statutes,and City of Winter Springs Code, Chapter 2,Article III, Division 2. DONE AND ORDERED at Winter Springs, Florida,this 1 day of 2022. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA d4w -srg, Kaproif, Chairperson Copies furnished to: CERTIFIED MAIL -7017 2 Y06 C)OOO `lye U.S. BANK,NATIONAL ASSOCIATION C/O OCWEN PHH MTG CORP 1 Mortgage Way Mount Laurel,New Jersey 08054-8410 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, return receipt requested,to the Respondent on this Si s} day of 4c ro,6 ER , 2022. Cruistian Gowan, Board Secretary 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 State of Florida Accredited Agency WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327-1000 - Fax (407) 327-6652 08/24/2022 Case #: 2022CE001717 ADDRESS IN VIOLATION: 325 RIUNITE CIR. WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATIONS THIS NOTICE OF CODE VIOLATION(S) requires your immediate attention. The above mentioned property has been inspected on the dates below and has revealed a violation(s) of the Winter Springs City Code. Inspector Date CODE OFFICER TERRI SANCHEZ AUGUST 24, 2022 Violation Description Comments/Corrections Needed WS CITY ORD. 13-2(E) STAGNANT POOL CLEAN AND MAINTAIN POOL. IF POOL IS NOT CLEANED AND MADE OPERATIONAL IT MUST BE COVERED WITH APPROVED WITH PROPER COVER. WS CITY ORD. 13-2(C) OVERGROWN YARD CUT BACK ALL BUSHES GROWING ONTO THE HOUSE. KEEP GRASS CUT AND MAINTAINED ON GOING ISSUE WITH YARD NOT BEING MAINTAINED. IPMC 302.1 SANITATION CLEAN ALL BLACK GROWTH OFF OF THE OUTSIDE OF HOUSE AND FASCIA AREA. Failure to correct the violation(s) by SEPTEMBER 16, 2022 specified below and to notify the Winter Springs Code Enforcement Division of the corrections will result in a hearing being requested 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 per day for repeat offenses per day that the violation remains. In the event violation fines and costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Section 162.09, Florida Statutes. To schedule an inspection, or should you require additional information regarding this Notice, please contact the Code Enforcement Division at 407-327-7965. The Property Owner is hereby notified that, pursuant to Section 13-4 of the Winter Springs City Code, the Winter Springs Code Enforcement Division will seek an order from the Code Enforcement Board for the City to enter the Property and perform work or contract others to perform work to repair or secure the Property. The Code Enforcement Board may render an order requiring the City to perform the repair work. Failure to repair the Property or follow the Code Enforcement Board’s orders may result in city work to accomplish the US BANK NATIONAL ASSN C/O OCWEN PHH MTG CORP. 1 MORTGAGE WAY MOUNT LAUREL, NJ 164 2 repairs, the cost of which shall be charged as lien against the Property. Upon completion of the work by the City of Winter Springs, the code official shall certify the costs borne by the City in an invoice and shall serve the cost certification upon the property owner by certified mail, return receipt requested. Within fifteen (15) days of receipt of the invoice, the property owner shall have a right to request a hearing before the Code Enforcement Board to show cause, if any, why the costs and charges incurred by the City are excessive or unwarranted or why such costs should not constitute a lien against the property. The Code Enforcement Board would conduct a hearing and render a final order on the amount of costs and charges, if any, that should be imposed against the property as a lien. If the invoice for such final assessable costs is not paid within fifteen (15) days of the invoice date and no code enforcement board hearing is requested on the costs, a lien will be imposed against the property which can result in foreclosure on the property. Corrective Action Comments Due Date Notice of Code Violation See specific correction comments provided. September 16, 2022 Municipal Code Code Text WS City Ord. 13-2(e) (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably regulate and effectively control excessive growths and accumulations, as enumerated in subsection (c), and/or dead, damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right-of-way between the property and the street. It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant foul water thereon, or be in such other condition as to be susceptible to producing disease or danger to the citizens of the city. WS City Ord. 13-2(c) (c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding 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 effect 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. IPMC 302.1 l Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition 165 3 Professionally, _______________________ Code Officer Terri Sanchez 407-327-7965 Certified Mailing Number: 7021 2720 0002 5041 7620 & FIRST CLASS 166 167 168 169 170 171 172 173 174 Property Record Card Parcel 03-21-30-5KK-0000-0680 Property Address 325 RIUNITE CIR WINTER SPRINGS, FL 32708 Parcel Information Value Summary 2022 Working Values 2021 Certified Values Valuation Method Cost/Market Cost/Market Number of Buildings 1 1 Depreciated Bldg Value $221,246 $162,085 Depreciated EXFT Value $16,000 $10,800 Land Value (Market)$57,000 $50,000 Land Value Ag Just/Market Value $294,246 $222,885 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $0 $0 P&G Adj $0 $0 Assessed Value $294,246 $222,885 2021 Tax Amount without Exemptions:$3,587.09 2021 Tax Bill Amount:$3,587.09 2021 Tax Savings with Exemptions:$0.00 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOT 68 UNIT 5 OF MOUNT GREENWOOD PB 40 PGS 6 TO 9 Parcel 03-21-30-5KK-0000-0680 Owner(s)U S BANK NATIONAL ASSN - Trustee Property Adrress 325 RIUNITE CIR WINTER SPRINGS, FL 32708 Mailing C/O OCWEN PHH MTG CORP 1 MORTGAGE WAY MOUNT LAUREL, NJ 08054-8410 Subdivision Name MOUNT GREENWOOD UNIT 5 OF Tax District W1-WINTER SPRINGS DOR Use Code 01-SINGLE FAMILY Exemptions None Agricultural Classification No Taxes Taxing Authority Assessment Value Exempt Values Taxable Value SJWM(Saint Johns Water Management)$294,246 $0 $294,246 CITY WINTER SPRINGS $294,246 $0 $294,246 FIRE FUND $294,246 $0 $294,246 COUNTY GENERAL FUND $294,246 $0 $294,246 Schools $294,246 $0 $294,246 Sales Description Date Book Page Amount Qualified Vac/Imp CERTIFICATE OF TITLE 03/04/2021 09866 0783 $100 No Improved SPECIAL WARRANTY DEED 09/01/2006 06408 1386 $252,500 Yes Improved WARRANTY DEED 03/01/2005 05814 1746 $100 No Improved ~/ParcelDetailInfo.aspx?PID=0321305KK00000680 Page 1/3 175 WARRANTY DEED 09/01/2004 05471 0593 $169,500 Yes Improved WARRANTY DEED 01/01/2003 04702 0953 $138,900 Yes Improved WARRANTY DEED 06/01/1994 02791 0736 $88,500 Yes Improved SPECIAL WARRANTY DEED 07/01/1993 02627 1163 $136,000 No Vacant SPECIAL WARRANTY DEED 12/01/1992 02538 1315 $2,404,000 No Vacant Land Method Frontage Depth Units Units Price Land Value LOT 1 $57,000.00 $57,000 Building Information #Description Year Built**Bed Bath Fixtures Base Area Total SF Living SF Ext Wall Adj Value Repl Value Appendages 1 SINGLE FAMILY 1994 3 2.0 6 1,661 2,107 1,661 CB/STUCCO FINISH $221,246 $248,591 Description Area OPEN PORCH FINISHED 28.00 GARAGE FINISHED418.00 Building 1 - Page 1 ** Year Built (Actual / Effective) Permits Permit #Description Agency Amount CO Date Permit Date 00669 POOL Winter Springs $10,350 6/1/1996 23932 SINGLE FAMILY DWELLING 325 RIUNITE CIR Winter Springs $123,130 6/15/1994 3/1/1994 00400 REROOF Winter Springs $9,150 2/4/2015 Extra Features Description Year Built Units Value New Cost POOL 1 06/01/1996 1 $15,000 $25,000 SCREEN PATIO 1 06/01/1996 1 $1,000 $2,500 Zoning Zoning Zoning Description Future Land Use Future Land Use Description PUD Medium Density Residential Utility Information Fire Station Power Phone(Analog)Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler 24.00 DUKE CENTURY LINK WINTER SPRINGS CITY OF WINTER SPRINGS NA NA NA NA Political Representation ~/ParcelDetailInfo.aspx?PID=0321305KK00000680 Page 2/3 176 Commissioner US Congress State House Voting PrecinctState Senate Dist 2 - Jay Zembower Dist 7 - Stephanie Murphy Dist 28 - David "Dave" Smith Dist 9 - Jason Brodeur 46 School Information Elementary School District Middle School District High School District Winter Springs Indian Trails Winter Springs ~/ParcelDetailInfo.aspx?PID=0321305KK00000680 Page 3/3 177 City of Winter Springs Code Enforcement Division JANUARY 24, 2023 2022CE001717 NON COMPLIANCE CASE 325 RIUNITE CIR. U S BANK NATIONAL ASSN C/O OCWEN PHH MTG CORP 178 City of Winter Springs Code Enforcement Division JANUARY 24, 2023 2022CE001717 WS CITY ORD. 13-2 (E) STAGNANT POOL IPMC 302.1 SANITATION WS CITY ORD. 13-2 (C) OVERGROWN YARD ORIGINAL HEARING DATE: OCTOBER 25, 2022 179 WS CITY ORDINANCE 13-2(E) STAGNANT POOL It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably regulate and effectively control excessive growths and accumulations, as enumerated in subsection (c), and/or dead, damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right-of-way between the property and the street. It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant foul water thereon, or be in such other condition as to be susceptible to producing disease or danger to the citizens of the city. 180 325 Riunite Cir. Photo 1 Findings: Stagnant pool Pictures taken (8/12/22) Original WS City Ord. 13-2(e) 181 325 Riunite Cir. Photo 2 Findings: Stagnant pool. Ove Pictures taken (10/13/22) Original WS City Ord. 13-2(e) 182 325 Riunite Cir. Photo 3 Findings: Stagnant pool. Gates are locked. Unable to verify compliance. Pictures taken (01/11/23) WS City Ord. 13-2(e) 183 325 Riunite Cir. Photo 4 Findings: Stagnant pool. Gates are locked. Unable to verify compliance. Pictures taken 01/11/23) WS City Ord. 13-2(e) 184 325 Riunite Cir. Photo 5 Findings: Stagnant pool. Gates are locked. Unable to verify compliance. Pictures taken 01/11/23 185 325 Riunite Cir. Photo 6 Findings: Stagnant pool. Gates are locked. Unable to verify compliance. Pictures taken 01/11/23 Note attached to the door. No answer when calling. 186 325 RIUNITE CIR. U S BANK NATIONAL ASSN C/O OCWEN PHH MTG CORP Suggested Findings of Fact / Conclusion of Law Based upon the photo evidence and testimony presented at this hearing I am recommending the respondent be found in non compliance. A 250.00 dollar a day be imposed since November 28, 2022. Unable to check pool due to locks being on the doors. 187