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Home My WebLink About2023 03 28 Public Hearing - Non-Compliance item 600 - Case# 2022CE001662 161 Rosette Drive82 83 XNTER s 2 CITY OF WINTER SPRINGS, FLORIDA U 1126 EAST STATE ROAD 434Incorporated I959 ° WINTER SPRINGS, FLORIDA 32708-2799 5o TELEPHONE: (407) 327-1800 COQ WE' J FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfi.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case #2022CE001662 A Florida municipal corporation, Petitioner, V. JUN ZHUANG BINGJU ZHUANG, 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 January 24, 2023 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. Findini;s 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 161 Rosette Drive, Winter Springs, Florida 32708 ("Property") and is assigned the following Parcel ID# 36-20-30-505-0000-1590. The Property is owned by Jun Zhuang and Bingju Zhuang. ("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 Section(s) 304.1 General Exterior Structure, International Property Maintenance Code ("IPMC'); 304.10 Stairways, Decks, Porches, and Balconies, IPMC; 304.12 Handrails and Guards,IPMC and required corrective actions relating to the Property. 84 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE001662 JANUARY 24,2023 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. 6. The City's power point presentation, photographs, notices, additional case information, and other evidence presented are admitted into evidence. City code enforcement officers, and City building official Bobby Coleman provided sworn testimony and photographs relative to the violations, addressing rails coming off (Photo t), cracked and deteriorating flooring (Photos 2, 4), exterior structure damage (Photo 3), and efforts to shore up the property (Photos 5-8). Conclusions of Law 7.That based on the testimony and evidence presented by the City code enforcement officers and the building official, including testimony and photographs presented by the code enforcement officer depicting rails coming off (304.1; 304.12, IPMC); cracked and deteriorating flooring (304.1; 304.10, IPMC); and exterior damage (304.1,IPMC), all of which remains beyond the compliance date set forth in the Notice of Violation, Respondent violated Sections 304.1 General Exterior Structure, IPMC; 304.10 Stairways, Decks, Porches, and Balconies,IPMC; and 304.12 Handrails and Guards,IPMC BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1.The Respondent be given until February 24, 2023 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 February 24, 2023 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 85 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE001662 JANUARY 24,2023 PAGE 3 OF 3 compliance shall likewise be recorded in the public records. A hearing is not required to issue such an 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 A day of jaga,&I 12023. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA fau^riceV,apio;v—i,/Chaii-person Copies furnished to: CERTIFIED MAIL -71) , '? 2400 0006 W1 7£ z06 Jun Zhuang Bingju Zhunang 1344 Heavenly Cv Winter Park, Florida 32792-1300 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 / sr day of 2023. Christian Gowan, Board Secretary 86 87 88 89 90 91 92 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 08/25/2022 Case #: 2022CE001662 Address of Parcel in Violation: 161 ROSETTE DR. 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 16, 2022 Violation Description Comments/Corrections Needed IPMC 304.1 GENERAL EXTERIOR STRUCTURE THE FLOOR OF THE BALCONY HAS PLASTIC COVERING THE WOOD BEAMS. THERE IS WATER POOLING ON TO THE PLASTIC. STRUCTURAL ENGINEER NEEDS T0 INVESTIGATE DAMAGE IN REGARDS TO HAZARD FOR SURROUNDING PEOPLE AND PROPERTIES. ALSO DETERMINATION NEEDS TO BE MADE IF PLASTIC IS ENOUGH COVERAGE FOR THE AREA. IPMC 304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES ALL BALCONIES AT THIS LOCATION NEED TO BE INVESTIGATED BY A CERTIFIED STRUCTURAL ENGINEER TO DETERMINE IF AREA IS CAPABLE OF SUPPORTING THE IMPOSED LOADS. NO ONE IS TO BE ON BALCONIES UNTIL THIS IS DETERMINED. A PERMIT WILL NEED TO BE OBTAINED FROM PERMITTING BEFORE ANY WORK IS TO BE STARTED ON PROJECT. THERE ARE SEVERAL CRACKS RUNNING THRU THE FLOORING AREA.. IPMC 304.12 HANDRAILS AND GUARDS HANDRAILS NEED TO BE REPAIRED AS WELL. AT THIS TIME IT IS UNDETERMINED IF THEY CAN HOLD ANY TYPE OF PRESSURE. PUBLIC WORKS HAS PUT CONES DOWN ON THE SIDEWALK AREA TO PROTECT ANYONE WALKING BY IN CASE ANY PIECES COME LOOSE. Failure to correct the violation(s) by October 4, 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 for repeat offenses per day that the violation remains. In addition, if the violation is one that presents a serious threat to the public health, safety and welfare, pursuant to Section 162.09, Florida Statutes, the Code Enforcement Board has the authority to notify the City Commission, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with any fine imposed. JUN ZHUANG BINGJU ZHANG 1344 HEAVENLY CV WINTER PARK, FL 32792-1300 93 2 In the event violation fines and costs are not paid within a reasonable time there can be a lien filed against the property and upon any other real or personal property owned by the violator 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. Corrective Action Comments Due Date Notice of Code Violation See specific correction comments provided. October 4, 2022 Municipal Code Code Text IPMC 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. IPMC 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Professionally, _______________________ Code Officer Terri Sanchez 407-327-7965 Certified Mailing Number: 7021 2720 0002 5041 7347 & FIRST CLASS 94 95 96 97 98 99 100 101 Property Record Card Parcel 36-20-30-505-0000-1590 Property Address 161 ROSETTE DR 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 $219,642 $193,542 Depreciated EXFT Value Land Value (Market)$50,000 $40,000 Land Value Ag Just/Market Value $269,642 $233,542 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $12,746 $0 P&G Adj $0 $0 Assessed Value $256,896 $233,542 2021 Tax Amount without Exemptions:$3,758.60 2021 Tax Bill Amount:$3,758.60 2021 Tax Savings with Exemptions:$0.00 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOT 159 JESUPS RESERVE TOWNHOMES REPLAT PB 71 PGS 86 - 93 Parcel 36-20-30-505-0000-1590 Owner(s)ZHUANG, JUN - Tenancy by Entirety ZHANG, BINGJU - Tenancy by Entirety Property Adrress 161 ROSETTE DR WINTER SPRINGS, FL 32708 Mailing 1344 HEAVENLY CV WINTER PARK, FL 32792-1300 Subdivision Name JESUPS RESERVE TOWNHOMES REPLAT Tax District W1-WINTER SPRINGS DOR Use Code 0103-TOWNHOME Exemptions None Agricultural Classification No Taxes Taxing Authority Assessment Value Exempt Values Taxable Value SJWM(Saint Johns Water Management)$256,896 $0 $256,896 CITY WINTER SPRINGS $256,896 $0 $256,896 FIRE FUND $256,896 $0 $256,896 COUNTY GENERAL FUND $256,896 $0 $256,896 Schools $269,642 $0 $269,642 Sales Description Date Book Page Amount Qualified Vac/Imp SPECIAL WARRANTY DEED 04/01/2007 06687 0067 $334,600 Yes Improved Land Method Frontage Depth Units Units Price Land Value ~/ParcelDetailInfo.aspx?PID=36203050500001590 Page 1/2 102 LOT 1 $50,000.00 $50,000 Building Information #Description Year Built**Bed Bath Fixtures Base Area Total SF Living SF Ext Wall Adj Value Repl Value Appendages 1 SINGLE FAMILY 2007 3 3.5 13 352 2,617 1,854 CB/STUCCO FINISH $219,642 $231,202 Description Area GARAGE FINISHED 440.00 OPEN PORCH FINISHED 108.00 OPEN PORCH FINISHED 108.00 OPEN PORCH FINISHED 107.59 UPPER STORY FINISHED 792.00 UPPER STORY FINISHED 710.00 Building 1 - Page 1 ** Year Built (Actual / Effective) Permits Permit #Description Agency Amount CO Date Permit Date 01882 Winter Springs $196,635 3/23/2007 6/27/2006 Extra Features Description Year Built Units Value New Cost Zoning Zoning Zoning Description Future Land Use Future Land Use Description T-C Town Center District Utility Information Fire Station Power Phone(Analog)Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler 24.00 DUKE AT&T WINTER SPRINGS CITY OF WINTER SPRINGS NA NA NA NA Political Representation 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 47 School Information Elementary School District Middle School District High School District Keeth Indian Trails Winter Springs ~/ParcelDetailInfo.aspx?PID=36203050500001590 Page 2/2 103 City of Winter Springs Code Enforcement Division March 28, 2023 2022CE001662 161 ROSETTE DR. JUN ZHUANG & BINGJU ZHANG NON-COMPLIANCEI am requesting the Code Enforcement Board find the respondent in non- compliance of previously sited violations. 104 The original hearing date was January 24, 2023. The board sited the respondent in violation of : IPMC 304.1 GENERAL EXTERIOR STRUCTURE IPMC 304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES IPMC 304.12 HANDRAILS AND GUARD 2022CE001662 105 161 Rosette Dr. 2022CE001662 Photo 1 Findings: Shored up balcony Picture taken 10/20/22 106 161 Rosette Dr. 2022CE001662 Photo 2 Balcony Picture from 10/20/22 107 161 Rosette Dr. 2022CE001662 Photo 3 Balcony Picture from 3/16/23 108 161 Rosette Dr. 2022CE001662 Photo 4 Balcony Picture from 03/16/23 109 161 Rosette Dr. 2022CE001662 Photo 5 Affidavit of Posting Code Board on 03/17/23 110 2022CE001662 161 Rosette Dr. JUN ZHUANG & BINGJU ZHANG As of this hearing the owner has started work and updated me accordingly. The respondent was given until February 24, 2023 to come into compliance. I am requesting the boards order start from this day forward until the property has come into full compliance with permitting and building department. 111