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HomeMy WebLinkAbout2023 04 25 Public Hearing - Non-Compliance Item 601 - Case# 2022CE001647 1271 Belle AveNTEZ: S 0' z CITY OF WINTER SPRINGS, FLORIDA u V Incorporated 1126 EAST STATE ROAD 434 1959 • WINTER SPRINGS, FLORIDA 32708-2799 e TELEPHONE: (407) 327-1800 GSD WET J FACSIMILE: (407) 327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case #2022CE001647 A Florida municipal corporation, Petitioner, V. BK SPORTS ENTERPRISES,INC., 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, 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 and Conclusions of Law 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 1271 Belle Avenue, Winter Springs, Florida 32708 ("Property") and is assigned the following Parcel ID# 04-21-30-511-OB00-0010. The Property is owned by BK Sports Enterprises, Inc. ("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) 6-2 Compliance with Chapter, City Code and 105.1,Building permits,Florida Building Code and required corrective actions relating to the Property. 86 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE001647 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. This matter was a rehearing of a case initially heard on January 24,2023. 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 violation(s), including that an outdoor patio was being enclosed (Photos 1, 2, 3, 4, 5, 6, 9, 10, 11, 12) without issuance of approved related permit(s) (Photo 16), and that a Stop Work Order posted on the property (Photo 2) by code enforcement officers during such process was ignored and the enclosure was continued(Photos 7, 8, 9, 10, 11, 12). Conclusions of Law 7.That based on the testimony and evidence presented, including testimony of the code enforcement officer and evidence that a permit has not yet been obtained from the City, and photographs presented by the code enforcement officer depicting the enclosure of the outdoor patio (Sec. 6-4, CioJ Code) all of which remains beyond the compliance date set forth in the Notice of Violation, Respondent violated Sections 6-2 Compliance with Chapter, City Code and 105.1,Florida Building Code. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1.The Respondent be given until April 20,2023 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 April 20, 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 87 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE001647 FEBRUARY 28,2023 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 day of 52023. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA faurice Kaprow, Chairperson Copies furnished to: CERTIFIED MAIL '7 o/7 2,V(76 d ooc) y y 7e 3 BK SPORTS ENTERPRISES, INC 1271 Belle Avenue Winter Springs, Florida 32708-2965 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 14 day of ll a,-eA 2023. Christian Gowan, Board Secretary 88 89 90 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 November 1, 2022 Case #: 2022CE001647 Address of Parcel in Violation: 1271 BELLE AVE, 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 MARIAH QUINN October 30, 2022 Violation Description Comments/Corrections Needed WS City Ord. 6-2 Structural supports and alterations to the former screened in patio need to have an approved permit. ** This patio enclosure needs to have engineered drawings submitted with a permit application or the entire framework/walls/windows need to be removed and the structure brought back to its original state.** Contact Permitting at 407-327-1800 or stop by the office located at City Hall. Before any alterations or repairs are done please check with permitting first to verify no permits are required for the work. The City of Winter Springs is working with residents and business owners through November 30, 2022 by waiving permitting fees for some repairs caused by hurricane Ian. Florida Building Code 105.1 Permits must be obtained before any construction on a structure commences. Failure to correct the violation(s) by the due date 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. 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 407-327-1000. BK SPORTS ENTERPRISES INC. 1271 BELLE AVE WINTER SPRINGS, FL 32708 CERTIFIED MAIL & Regular Mail 91 2 Corrective Action Comments Due Date Notice of Code Violation See specific correction comments provided. December 15, 2022 Municipal Code Code Text WS City Ord. 6-2 (a) No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed, except in conformity with the provisions of this chapter. (b) No building or structure shall be altered in any manner that would be in violation of the provisions of this chapter or any authorized rule or approval of the building inspector made and issued pursuant to this chapter. Florida Building Code 105.1 Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Professionally, _______________________ Code Officer Mariah Quinn Certified Mailing Number: 7022 0410 0002 6742 6173 92 93 PARCEL OWNER: BK SPORTS ENTERPRISES INC 1271 BELLE AVE WINTER SPRINGS, FL 32708 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, COMPLAINT NO: 2022CE001647 PETITIONER, vs. RESPONDENT NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on February 28, 2022 the Code Enforcement Board will hold a hearing to determine whether you are in violation of the City Code as follows. The hearing will be held at Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 1271 BELLE AVE, WINTER SPRINGS, FL 32708 Property Owner Name: BK SPORTS ENTERPRISES INC Property Mailing Owner Address: 1271 BELLE AVE. WINTER SPRINGS, FL 32708 The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation, attached hereto, and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.06, Florida Statues. If the Code Enforcement Board finds your property in violation of the City Code(s) you can be fined up to $250.00 per day for each day the violation continues and up to $500 per day for each day a repeat violation continues. You may also 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 and upon any other real or personal property owned by the violator in accordance with Section 162.09, Florida Statutes. The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Chapter 162, Florida Statutes. You may appear in person and are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above-referenced hearing. If you choose to not attend the hearing you can lose your right to present facts in this case. 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. An aggrieved party, including the City of Winter Springs, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court as provided by the general law of the State of Florida. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. 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 and First class on 01/03/2023, posted on the property, and at Winter Springs City Hall as per Florida State Statute 162. Professionally, _______________________________ Code Officer Mariah Quinn Certified mailing: 7022 0410 0002 6742 6173 94 95 96 97 98 99 100 Property Record Card Parcel 04-21-30-511-0B00-0010 Property Address 1271 BELLE AVE WINTER SPRINGS, FL 32708 Parcel Location Site View Parcel Information Value Summary Parcel 04-21-30-511-0B00-0010 Owner(s)BK SPORTS ENTERPRISES INC Property Address 1271 BELLE AVE WINTER SPRINGS, FL 32708 Mailing 1271 BELLE AVE WINTER SPGS, FL 32708-2965 Subdivision Name JOHNSONS POULTRY FARMS Tax District W1-WINTER SPRINGS DOR Use Code 21-RESTAURANT Exemptions None AG Classification No 2023 Working Values 2022 Certified Values Valuation Method Cost/Market Cost/Market Number of Buildings 2 2 Depreciated Bldg Value $94,586 $71,687 Depreciated EXFT Value $44,169 $39,578 Land Value (Market)$352,761 $339,410 Land Value Ag Just/Market Value $491,516 $450,675 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $0 $2,312 P&G Adj $0 $0 Assessed Value $491,516 $448,363 2022 Certified Tax Summary 2022 Tax Amount without Exemptions $7,078.93 2022 Tax Savings with Exemptions $23.69 2022 Tax Bill Amount $7,055.24 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOTS 1 2 & 3 (LESS RD) BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 April 18, 2023 06:00 PM Page 1/5 101 Taxes Taxing Authority Exempt ValuesAssessment Value Taxable Value SJWM(Saint Johns Water Management)$491,516 $0 $491,516 CITY WINTER SPRINGS $491,516 $0 $491,516 FIRE FUND $491,516 $0 $491,516 COUNTY GENERAL FUND $491,516 $0 $491,516 Schools $491,516 $0 $491,516 Sales Description Date Book Page Amount Qualified Vac/Imp TRUSTEE DEED 09/25/2020 09724 1385 $650,000 No Improved CERTIFICATE OF TITLE 05/01/1997 03240 0380 $100 No Improved WARRANTY DEED 07/01/1986 01752 0856 $360,000 No Improved Land Method Frontage Depth Units Units Price Land Value SQUARE FEET 51348 $6.87 $352,761 Building Information April 18, 2023 06:00 PM Page 2/5 102 #Description Year Built Actual/Effective Stories Total SF AppendagesExt Wall Adj Value $105,857 Description Repl Value 1 MASONRY PILASTER .1975/1985 1 825.00 WOOD SIDING WITH WOOD OR METAL STUDS Area$61,662 UTILITY FINISHED 132.00 OPEN PORCH FINISHED 336.00 OPEN PORCH FINISHED 132.00 Building 1 - Page 1 #Description Year Built Actual/Effective Stories Total SF AppendagesExt Wall Adj Value $52,054 Description Repl Value 2 MASONRY PILASTER .1989 1 360.00 CONCRETE BLOCK - MASONRY Area$32,924 OPEN PORCH FINISHED 159.00 OPEN PORCH FINISHED 195.00 Building 2 - Page 1 April 18, 2023 06:00 PM Page 3/5 103 Permits Permit #Description Agency Amount CO Date Permit Date 00949 CONSTRUCT GO CART Winter Springs $0 7/1/1996 00528 INSTALL VINYL SIDING ON EXTERIOR; GATE GAS Winter Springs $2,600 3/1/1998 00483 REPAIR EXISTING ROOF Winter Springs $0 3/1/1998 26489 SIGN 895 434 SR W Winter Springs $0 2/1/1995 24961 MOBILE SIGN 895 ST RD 434 W Winter Springs $500 9/1/1994 18429 POLE SIGN 895 HWY 434 W Winter Springs $2,744 1/1/1992 02977 INSTALL 5' GREASE HOOD Winter Springs $5,000 10/2/2003 03911 INSTALL 3/4" SHUT-OFF VALVES (QUANTITY 3)Winter Springs $500 11/11/2003 04063 INSTALL FIRE SYSTEM IN EXHAUST HOOD Winter Springs $1,700 12/5/2003 01408 ELECTRICAL - INSTALL 30 AMP CIRCUIT TO LIFT STATION Winter Springs $985 4/1/2003 00477 DUMPSTER ENCLOSURE Winter Springs $2,375 2/25/2004 01790 REROOF W/SHINGLES Winter Springs $2,126 7/28/2008 24292 SIGN 895 ST RD 434 W Winter Springs $380 5/1/1994 04730 INSTALL NEW 60 AMP SERVICE FOR IRRIGATION SYSTEM Winter Springs $750 10/4/2005 Extra Features Description Year Built Units Value New Cost FACE BLOCK WALL 10/01/2004 228 $1,197 $2,280 PATIO CONC 10/01/1989 6,708 $10,867 $27,167 CANOPY AVG COMM 10/01/1979 625 $3,055 $7,638 WOOD UTILITY BLDG 10/01/1989 414 $1,490 $3,726 COMM: ALUM SCREEN PORCH W/CONC FL 03/01/1999 264 $1,097 $2,743 12' CHAIN LINK FENCE 10/01/1989 408 $3,316 $8,291 COMMERCIAL ASPHALT DR 2 IN 10/01/1979 3,528 $2,879 $7,197 WALKS CONC COMM 10/01/1989 1,185 $1,920 $4,799 COMMERCIAL ASPHALT DR 2 IN 10/01/1989 3,956 $3,228 $8,070 POLE LIGHT 1 ARM 12/01/1989 4 $7,200 $7,200 POLE LIGHT 4 ARM 12/01/1989 1 $7,500 $7,500 COMMERCIAL CONCRETE DR 4 IN 10/01/2004 196 $420 $800 Zoning Zoning Zoning Description Future Land Use Future Land Use Description C-2 Commercial Retail Commercial 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 CASSELBERRY NA NA NA NA Political Representation Commissioner US Congress State House State Senate Voting Precinct Dist 2 - Jay Zembower Dist 7 - Cory Mills Dist 28 - David "Dave" Smith Dist 9 - Jason Brodeur 46 School Information Elementary School District Middle School District High School District Winter Springs Milwee Winter Springs Copyright 2023 © Seminole County Property Appraiser April 18, 2023 06:00 PM Page 4/5 104 April 18, 2023 06:00 PM Page 5/5 105 1 Terri Sanchez From:Lorna Bradley Sent:Thursday, April 13, 2023 8:57 AM To:Terri Sanchez Subject:RE: ref to code board Follow Up Flag:Follow up Flag Status:Flagged Hello Terri,    I have been out with the flu. If for any reason you cannot contact me, please contact Nicole.     We have not received any new submittals for Homers and Hoagies. I requested an updated application and engineered  drawings early March. I have not received anything in regards to the retention pond.      Regards,     Lorna Bradley, CPT, CTBO Building and Permitting Manager P: (407) 327-5965 F: (407) 327-4753 A: 1126 East State Road 434 Winter Springs, Florida 32708 From: Terri Sanchez <tsanchez@winterspringsfl.org>   Sent: Tuesday, April 11, 2023 9:55 AM  To: Lorna Bradley <lbradley@winterspringsfl.org>  Subject: ref to code board    Hello Lorna     Can you please let me know if the owner of property has submitted any new paperwork regarding getting permit for the  land. Case number 2022CE00200    Also case 2022CE001647 he was supposed to obtain a permit for the extra enclosure he added on to the building.    I have to take him back to court this month for non‐compliance for 2022CE00200 if updated permit has not been gotten   2022CE001647 for him enclosing patio area with no permit of engineering permit.     Thank you so mush    106 2 Also did you hear any more information about trailer behind property I asked you about last week.        Terri Sanchez Code Enforcement Specialist P: (407) 327-1000 F: (407)327-6652 A: 300 N. Moss Road Winter Springs, FL 32708 107 City of Winter Springs Code Enforcement Division April 25, 2023 2022CE001647 1271 BELLE AVE BK SPORTS ENTERPRISES INC. NON-COMPLIANCE 108 City of Winter Springs Code Enforcement Division April 25, 2023 2022CE001647 The Code Enforcement Board found the Respondent in violation of: WS CITY ORD. 6-2 Florida Building Code 105.1 109 1271 Belle Ave 2022CE001647 Photo 1 Findings Outdoor patio was being enclosed without permits. Picture taken 10/30/22 (original) 110 1271 Belle Ave 2022CE001647 Photo 2 Findings Outdoor patio was being enclosed without permits. Windows are Plexiglas and are caulked into place. Picture taken 10/30/23 (original) 111 1271 Belle Ave 2022CE001647 Photo 3 Findings Seating area/partial front of building. Picture taken 04/14/23 112 1271 Belle Ave 2022CE001647 Photo 4 Findings Front of building Picture taken 4/14/23 113 1271 Belle Ave 2022CE001647 Photo 5 Findings Permit check on 4/18/23. There has been no further action. I also reached out to Lorna Bradley Permitting Manager. Email in packet. 114 1271 Belle Ave 2022CE001647 Photo 6 Findings Permit check on 4/18/23. There has been no further action since 3/9/23 showing pending payment. Search 115 2022CE001647 1271 BELLE AVE BK SPORTS ENTERPRISES INC The owner was given until April 20, 2023 to come into compliance by obtaining a permit for work to be done at the premises. The permit was applied for but has not been paid for or approved by the City. I am requesting the boards order of 250.00 a day be imposed until the permit has been approved and paid for thru the Permitting Department. 116