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Home My WebLink About2023 04 25 Public Hearing - Non-Compliance Item 603 - Case# 2022CE000280 640 Alton RoadCITY OF WINTER SPRINGS, FLORIDA u U Incorporated 1126 EAST STATE ROAD 434 1959 ° WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407)327-1800 G00 WF-'V FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, Case#2022CE000280 A Florida municipal corporation, Petitioner, V. SHIRLEY K. CHAVISTA LUZ M. CHAVISTA, 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 July 26, 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 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 640 Alton Road, Winter Springs, Florida 32708 ("Property") and is assigned the following Parcel ID# 35-20-30-501-01300-0050. The Property is owned by Shirley K. Chavista and Luz M. Chavista("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) 13-2(b) Yard Trash/Outside Storage, Cary Code; 304.7 Roofs and Drainage, IPMC; 304.1 General Exterior, IPMC; 302.1 Sanitation, IPMC and required corrective actions relating to the Property. 145 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE000280 JULY 26,2022 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, Shirley K. Chavista was present at the hearing and offered sworn testimony. Ms. Chavista admitted the existence of the violations and explained circumstances of a water leak and subsequent fire at the Property,and related matters which delayed and continue to delay rectifying certain conditions upon the Property. 6. The City's power point presentation, photographs, notices, additional case information, and other evidence presented are admitted into evidence. City staff provided sworn testimony and photographs relative to the violations, including that yard waste and other debris was present in the front yard, near the steps,on the roof, and around the fence and side of the residence (Photos 1, 2, 3, 4, 6, 8, 9, 10, 11); there is a tarp on the garage door(Photos 2, 3, 7, 8, 11); green growth is present on the walls and outside of the residence (Photos 2, 11); and gutters are full of debris (Photos 5, 9). Conclusions of Law 7.That based on the testimony and evidence presented, including the testimony of Respondent, and testimony and photographs presented by the Code Enforcement Officer depicting yard waste and other debris present in the front yard, near the steps, on the roof, and around the fence and side of the residence (Sec. 13-2(b) City Code), a brown tarp is over the garage door(Sec. 304.1,IPMC),green growth is present on the walls and outside of the residence (Sec. 302.1, IPMC), and gutters full of debris Sec. 304.7, IPMC), which remain beyond the date specified in the Notice of Violation for correction, Respondent violated Sections 13-2(b),Yard Trash/Outside Storage, City Code; 304.7 Roofs and Drainage, IPMC; 304.1 General Exterior, IPMC; and 302.1 Sanitation,IPMC. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1.The Respondent be given until January 24, 2023 to correct the violation(s) 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 January 24, 2023 and continuing to accrue daily until the violation(s) come(s) into compliance. The Respondent shall be responsible to provide notice of such violations being corrected to the Code Enforcement Officer. 146 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER#2022CE000280 JULY 26,2022 PAGE 3 OF 3 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. 4. Any and all future recurrences) 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 ZO day of YL-(l V 2022. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA Matthew Criswell, Chairperson Copies furnished to: CERTIFIED MAIL 7b17 2 g O O 0 u 0 v H y 7 8 )rs o Shirley K. Chavista Luz M. Chavista 640 Alton Road Winter Springs, Florida 32708-3102 I hereby certify that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law and Order (First Yolation) h been furnished by certified mail, return receipt requested,to the Respondent on this"-day of u 2022. istian Gowan,Board Secretary 147 148 149 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 April 21, 2023 Case #: 2022CE000280 Service Address: 640 ALTON RD. WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATIONS The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspector Date CODE OFFICER TERRI SANCHEZ February 2, 2022 Violation Description Comments/Corrections Needed IPMC 304.7 ROOFS AND DRAINAGE GUTTERS ARE FULL OF DEBRIS. CLEAN GUTTERS. IPMC 304.1 GENERAL EXTERIOR REMOVE TARP FROM IN FRONT OF GARAGE. IPMC 302.1 SANITATION CLEAN GREEN GROWTH OFF OF THE SIDE OF THE RESIDENCE. WS CITY ORD. 13-2(B) TREE TRIMMINGS YARD TRASH CLEAN UP YARD WASTE. TAKE OLD TREE LIMBS OFF OF THE ROOF. CLEAN UP ALL ITEMS PILED IN FRONT OF THE GARAGE. GET RID OF ALL ITEMS PILED ON THE FENCE. REMOVE ALL BOARDS. REMOVE ITEMS AGAINST THE SIDE OF RESIDENCE AS WELL. 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 date to have the cited violations corrected: Corrective Action Comments Due Date NOTICE OF CODE VIOLATION REGARDING VIOLATIONS MARCH 30, 2022 Municipal Code Code Text IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 304.1 General. The exterior of a structure shall be maintained in good repair, structurally SHIRLEY K CHAVISTA LUZ M CHAVISTA 640 ALTON RD. WINTER SPRINGS, FL 32708 150 2 sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC 302.1 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. WS CITY ORD. 13-2(B) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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. Professionally, _____________________ Certified Mailing Number: 7021 0350 0001 3066 2660 CODE OFFICER TERRI SANCHEZ 151 152 153 154 155 156 157 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 April 21, 2023 Case #: 2022CE000280 Service Address: 640 ALTON RD. WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATIONS The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspector Date CODE OFFICER TERRI SANCHEZ February 2, 2022 Violation Description Comments/Corrections Needed IPMC 304.7 ROOFS AND DRAINAGE GUTTERS ARE FULL OF DEBRIS. CLEAN GUTTERS. IPMC 304.1 GENERAL EXTERIOR REMOVE TARP FROM IN FRONT OF GARAGE. IPMC 302.1 SANITATION CLEAN GREEN GROWTH OFF OF THE SIDE OF THE RESIDENCE. WS CITY ORD. 13-2(B) TREE TRIMMINGS YARD TRASH CLEAN UP YARD WASTE. TAKE OLD TREE LIMBS OFF OF THE ROOF. CLEAN UP ALL ITEMS PILED IN FRONT OF THE GARAGE. GET RID OF ALL ITEMS PILED ON THE FENCE. REMOVE ALL BOARDS. REMOVE ITEMS AGAINST THE SIDE OF RESIDENCE AS WELL. 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 date to have the cited violations corrected: Corrective Action Comments Due Date NOTICE OF CODE VIOLATION REGARDING VIOLATIONS APRIL 29, 2022 Municipal Code Code Text IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 304.1 General. The exterior of a structure shall be maintained in good repair, structurally SHIRLEY K CHAVISTA LUZ M CHAVISTA 640 ALTON RD. WINTER SPRINGS, FL 32708 158 2 sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC 302.1 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. WS CITY ORD. 13-2(B) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 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. Professionally, _____________________ Certified Mailing Number: 7021 0350 0001 3066 2660 CODE OFFICER TERRI SANCHEZ 159 160 161 162 163 164 165 166 Property Record Card Parcel Property Address 35-20-30-501-0B00-0050 640 ALTON RD 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 $162,861 $150,832 Depreciated EXFT Value $600 $400 Land Value (Market)$60,000 $60,000 Land Value Ag Just/Market Value $223,461 $211,232 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $0 $0 P&G Adj $0 $0 Assessed Value $223,461 $211,232 2021 Tax Amount without Exemptions:$3,399.55 2021 Tax Bill Amount:$3,399.55 $0.002021 Tax Savings with Exemptions: * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOT 5 BLK B NORTH ORLANDO RANCHES SEC 8 PB 12 PG 96 Parcel 35-20-30-501-0B00-0050 Owner(s)CHAVISTA, SHIRLEY K - Tenants in Common :50 CHAVISTA, LUZ M - Tenants in Common :50 Heir Property Adrress 640 ALTON RD WINTER SPRINGS, FL 32708 Mailing 640 ALTON RD WINTER SPGS, FL 32708-3102 Subdivision Name NORTH ORLANDO RANCHES SEC 08 Tax District W1-WINTER SPRINGS DOR Use Code 01-SINGLE FAMILY Exemptions None Agricultural Classification No Exempt ValuesAssessment ValueTaxing Authority Taxable Value Taxes SJWM(Saint Johns Water Management)$223,461 $0 $223,461 CITY WINTER SPRINGS $223,461 $0 $223,461 FIRE FUND $223,461 $0 $223,461 COUNTY GENERAL FUND $223,461 $0 $223,461 Schools $223,461 $0 $223,461 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 03/01/2017 08888 0918 $210,000 Yes Improved WARRANTY DEED 11/01/1998 03552 1553 $93,000 Yes Improved WARRANTY DEED 12/01/1990 02248 0167 $78,000 Yes Improved ~/ParcelDetailInfo.aspx?PID=3520305010B000050 Page 1/2 167 WARRANTY DEED 04/01/1979 01220 0503 $42,900 Yes Improved WARRANTY DEED 07/01/1978 01179 1842 $5,300 Yes Vacant Land Method Frontage Depth Units Units Price Land Value LOT 1 $60,000.00 $60,000 Building Information Appendages#Year Built**Bed Bath Fixtures Base Area Total SF Living SF Ext Wall Adj Value Repl ValueDescription 1 SINGLE FAMILY 1979/1985 3 2.5 8 585 2,356 1,643 CONC BLOCK $162,861 $196,218 Description Area GARAGE FINISHED 698.00 ENCLOSED PORCH FINISHED 330.00 OPEN PORCH FINISHED 15.00 UPPER STORY FINISHED 728.00 Building 1 - Page 1 ** Year Built (Actual / Effective) Permits Permit #Description Agency CO DateAmount Permit Date 01542 REPIPE Winter Springs $2,325 9/6/2000 04666 VINYL SIDING Winter Springs $6,272 10/12/2005 Extra Features Description Year Built Units Value New Cost SHED 06/01/1997 1 $200 $500 PATIO 1 10/01/1992 1 $400 $1,000 Zoning Zoning Zoning Description Future Land Use Future Land Use Description R-1A Single Family-9000 Low Density Residential ~/ParcelDetailInfo.aspx?PID=3520305010B000050 Page 2/2 168 City of Winter Springs Code Enforcement Division April 25, 2023 2022CE000280 640 ALTON RD. SHIRLEY K CHAVISTA & LUZ M CHAVISTA NON-COMPLIANCE The original hearing date was July 26, 2022. I 169 The board sited the respondent in violation of : IPMC 304.7 ROOFS AND DRAINAGE IPMC 304.1 GENERAL EXTERIOR STUCTURE IPMC 302.1 SANITATION WS. CITY ORD. 13-2(B) TREE TRIMMINGS AND YARD TRASH 2022CE000280 170 640 ALTON DR. 2022CE000280 Photo 1 Findings: WS CITY ORD. 13-2(B) TRASH AND DEBRIS Picture taken 02/02/2022 (ORIGINAL) 171 640 ALTON DR. 2022CE000280 Photo 2 FINDINGS: IPMC 304.1 GENERAL EXTERIOR IPMC 302.1 SANITATION WS CITY ORD. 13-2 (B) TREE TRIMMINGS/YARD TRASH Picture from 02/02/2022 (ORIGINAL) 172 640 ALTON DR. 2022CE000280 Photo 3 FINDINGS:IPMC 304.1 GENERAL EXTERIOR (ORIGINAL) Picture from 02/02/2023 173 640 ALTON RD. 2022CE000280 Photo 4 FINDINGS: IPMC 304.1 GENERAL EXTERIOR IPMC 302.1 SANITATION Picture from 04/14/2023 174 640 ALTON DR. 2022CE000280 Photo 5 IPMC 304.1 GENERAL EXTERIOR PLYWOOD IS UP NOW GARAGE DOOR IS STILL BROKEN TARP HAS BEEN REMOVED PHOTO TAKEN 04/12/2023 175 640 ALTON DR. 2022CE000280 Photo 6 FINDINGS: YARD WASTE ALL AROUND FENCE. PHOTO TAKEN 04/12/2023 176 2022CE000280 640 ALTON RD. SHIRLEY K CHAVISTA & LUZ M CHAVISTA As of this hearing I have had no contact from the owner since the original Code Board in July of last year. The respondent was given until January 24, 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. 177