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HomeMy WebLinkAbout2023 04 25 Public Hearing - Non-Compliance Item 600 - Case# 2022CE002184 602 Casa Park Court MJJ T R S 0 CITY OF WINTER SPRINGS, FLORIDA U 0 1126 EAST STATE ROAD 434 Incom1959 0WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 Q00 WF-'V FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2022CE002184 A Florida municipal corporation, Petitioner, V. SUZANNE DEMINS, 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 February 28, 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. 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 602 Casa Park Court M, Winter Springs, Florida 32708 ("Property") and is assigned the following Parcel ID# 06-21-31-502-4000-0070. The Property is owned by Suzanne Demins ("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) 304.6 Exterior Walls,IPMC and 304.2 Protective Treatment, IPMC and required corrective actions relating to the Property. 44 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE002184 FEBRUARY 28,2023 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 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, identifying a large crack on the exterior front wall, chipping paint, a buckled wall, exposed insulation (Photos 1, 2, 4) and a falling window frame (Photo 3). 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 large crack on the exterior front wall that was buckling (IPMC 304.6), chipping paint (IPMC 304.2), exposed insulation and a falling window frame(IPMC 304.6) all of which remains beyond the compliance date set forth in the Notice of Violation, Respondent violated Sections 304.6 Exterior Walls,IPMC and 304.2 Protective Treatment,IPMC. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1.The Respondent be given until March 28, 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 March 28, 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 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 45 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE002184 FEBRUARY 28,2023 PAGE 3 OF 3 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/day of 2023. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA j4aurWic"eKaprow, Chairperson Copies furnished to: CERTIFIED MAIL 7&17 2 yi1G ,)0o0 Suzanne Demins 317 Westchester Drive Altamonte Springs,Florida 32701-6220 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 & day of Aal-c_A 2023. Christian Gowan,Board Secretary 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Property Record Card Parcel 06-21-31-502-4000-0070 Property Address 602 CASA PARK M CT WINTER SPRINGS, FL 32708 Parcel Location Site View Parcel 06-21-31-502-4000-0070 Owner(s)DEMINS, SUZANNE Property Address 602 CASA PARK M CT WINTER SPRINGS, FL 32708 Mailing 317 WESTCHESTER DR ALTAMONTE SPG, FL 32701-6220 Subdivision Name CASA PARK VILLAS PH 2 Tax District W1-WINTER SPRINGS DOR Use Code 0103-TOWNHOME Exemptions 00-HOMESTEAD(1994) AG Classification No 2022 Certified Tax Summary 2022 Tax Amount without Exemptions 2022 Tax Bill Amount $2,762.11 2022 Tax Savings with Exemptions $2,336.20 $425.91 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOT 7 BLK 40 CASA PARK VILLAS PH 2 PB 30 PGS 97 & 98 Parcel Information Value Summary 2023 Working Values 2022 Certified Values Valuation Method Cost/Market Cost/Market Number of Buildings 1 1 Depreciated Bldg Value $146,254 $135,848 Depreciated EXFT Value Land Value (Market)$40,000 $40,000 Land Value Ag Just/Market Value $186,254 $175,848 Portability Adj Save Our Homes Adj $128,485 $119,762 Amendment 1 Adj $0 $0 P&G Adj $0 $0 Assessed Value $57,769 $56,086 Taxes Taxing Authority Exempt ValuesAssessment Value Taxable Value SJWM(Saint Johns Water Management)$57,769 $32,769 $25,000 CITY WINTER SPRINGS $57,769 $32,769 $25,000 FIRE FUND $57,769 $32,769 $25,000 COUNTY GENERAL FUND $57,769 $32,769 $25,000 Schools $57,769 $25,000 $32,769 ~/ParcelDetailInfo.aspx?PID=06213150240000070 Page 1/3 77 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 05/01/1985 01639 0021 $57,900 Yes Improved Land Method Frontage Depth Units Units Price Land Value LOT 1 $40,000.00 $40,000 Building Information #Description Year Built**Bed Bath Fixtures Base Area Total SF Living SF Ext Wall Adj Value Repl Value Appendages 1 SINGLE FAMILY 1985 2 2.5 8 578 1,176 1,156 WD/STUCCO FINISH $146,254 $177,816 Description Area UTILITY FINISHED 20.00 UPPER STORY FINISHED 578.00 Building 1 - Page 1 ** Year Built (Actual / Effective) Permits Permit #Description Agency Amount CO Date Permit Date 00640 REBUILD FRONT WALL Winter Springs $2,400 4/1/1998 00652 REPAIR 2 OUTLETS, 1 LIGHT OUTLET, & 3 SWITCHES ON FRT WALL Winter Springs $0 4/1/1998 Extra Features Description Year Built Units Value New Cost Zoning Zoning Zoning Description Future Land Use Future Land Use Description PUD High Density Residential Utility Information Fire Station Power Phone(Analog)Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler 26.00 DUKE AT&T WINTER SPRINGS CITY OF WINTER SPRINGS NA NA NA NA Political Representation Commissioner US Congress State House State Senate Voting Precinct Dist 2 - Jay Zembower Dist 7 - Stephanie Murphy Dist 28 - David "Dave" Smith Dist 9 - Jason Brodeur 49 School Information Elementary School District Middle School District High School District Keeth Indian Trails Winter Springs Copyright 2022 © Seminole County Property Appraiser ~/ParcelDetailInfo.aspx?PID=06213150240000070 Page 2/3 78 City of Winter Springs Code Enforcement Division April 25, 2023 2022CE002184 302 CASA PARK CT M SUZANNE DEMINS NON-COMPLIANCE The original hearing date was February 28, 2023. I 79 The board cited the respondent in violation of : IPMC 304.6 EXTERIOR WALLS IPMC 304.2 PROTECTIVE TREATMENT 2022CE002184 80 602 CASA PARK CT. M 2022CE002184 Photo 1 Findings: IPMC 304.6 EXTERIOR WALLS IPMC 304.2 PROTECTIVE TREATMENT Picture taken 12/01/2022 (ORIGINAL) 81 602 CASA PARK CT. M 2022CE002184 Photo 2 FINDINGS: IPMC 304.6 EXTERIOR WALLS IPMC 304.2 PROTECTIVE TREATMENT Picture from 12/01/2022 (ORIGINAL) 82 602 CASA PARK CT. M 2022CE002184 Photo 3 FINDINGS:IPMC 304.6 EXTERIOR WALLS IPMC 304.2 PROTECTIVE TREATMENT Picture from 04/12/23 83 602 CASA PARK CT. M 2022CE002184 Photo 4 FINDINGS:IPMC 304.6 EXTERIOR WALLS IPMC 304.2 PROTECTIVE TREATMENT Picture from 04/12/2023 84 2022CE002184 602 CASA PARK CT. M SUZANNE DEMINS I have had no contact with the owner. The owner was given until March 28, 2023 to come into compliance. I am requesting the boards original order of 250.00 a day be imposed until the owner corrects all violations. 85