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HomeMy WebLinkAbout2024 06 25 Informational 100 Case# 2023CE001792 1134 West Winged Foot Circle CompliantINFORMATIONAL ITEM 100 CODE ENFORCEMENT BOARD AGENDA | JUNE 25, 2024 REGULAR MEETING TITLE Case # 2023CE001792 Address: 1134 W Winged Foot Cir Owner: Anthony J Saladino and/or Amparo Betancourt-Saladino Violations: 2006 IPMC Section 304.7 – Roofs and Drainage SUMMARY FUNDING SOURCE RECOMMENDATION Accept Affidavit of Compliance. 4 i CITY OF WINTER SPRINGS, FLORIDA Incorporated 1126 EAST STATE ROAD 434 1959 • WINTER SPRINGS, FLORIDA 32708-2799 5 TELEPHONE: (407) 327-1800 Q00 WE FACSIMILE: (407) 3274753 WEBSITE: www,winterspringsfl.org CODE ENFORCEMENT BOARD THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Petitioner, v. ANTHONY J SALADINO AMPARO BETANCOURT-SALADINO Respondent, Case # 2023CE001792 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 23, 2024 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 1134 W Winged Foot Circle, Winter Springs, Florida 32708 ("Property") and is assigned the following Parcel ID# 07-21-31-505-0000-0680. The Property is owned by Anthony J. Saladino and Amparo Betancourt-Saladino ("Respondent"). 2. That the Respondent was provided a Notice of Violation which alleged violations of Section 304.7 Roofs and Drainage, International Property Maintenance Code ("7PMU), and required corrective actions relating to the Property. 5 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER # 2023CE001792 JANUARY 23, 2024 PAGE 2 OF 3 3. That the Respondent was provided a reasonable time to correct said violations prior to this hearing. The City alleged that the Respondent did not correct such violations within the reasonable time period provided in the Notice of Violation. 4. That the Respondent was provided a Notice of Hearing before the Code Enforcement Board. Respondent Anthony J. Saladino was present and provided sworn testimony relative to the violations at the hearing. 5. The City's power point presentation, photographs, notices, additional case information, and other evidence presented are admitted into evidence and incorporated into this Order. City code enforcement officer Chris Elbon provided sworn testimony and photographs relative to the violations, including photos of a brown tarp on the roof of the property (Exhibits 1-6). Conclusions of L 6. Proper notice of the violation and notice of hearing was provided to Respondent. 7. Based on the testimony and evidence presented, as well as photographs presented by the code enforcement officer depicting a brown tale affixed to the roof of the property (Section 304.7, IPMC), all of which remain beyond the compliance date set forth in the Notice of Violation, Respondent violated Section 304.7 Roofs and Drainage, IPMC BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HERESY ORDERED: 1. Respondent shall coi ect the violations cited herein on or before August 21, 2024. It shall be Respondent's responsibility to immediately contact the City of Winter Springs Code Enforcement Department to request an inspection to verify compliance. 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. If the Code Enforcement Board finds that the Property remains in violation, a fine will be entered in the amount of TWO HUNDRED DOLLARS ($200) per day beginning on August 22, 2024 and continuing to accrue daily until the violations are brought into compliance and the City of Winter Springs Code Enforcement Department verifies such compliance. The Respondent shall be responsible to provide notice of such violations being corrected to the Code Enforcement Officer, 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. 6 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER # 2023CE001792 JANUARY 23, 2024 PAGE 3 OF 3 4. Any future recurrences) of any violations) addressed herein, after same have been corrected, may result in a finding of repeat violation as defined in section 162.04(5), Florida Statutes, and may result in the imposition of fines up to Five Hundred Dollars ($500.00) a day 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, Copies furnished to: Anthony J Saladino Amparo Betancourt-Saladino 1134 W Winged Foot Circle Winter Springs, Florida 32708 4203 CODE CITY I this 3 day of dares 520249 BOARD OF THE SPRINGS, FLORIDA Gildea, Chairperson CERTIFIED MAIL '7r i 7 -Y D a © ` y7 Z y 23 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 36+%day of Ar..•. , 2024. Christian Gowan, Board 7 8