HomeMy WebLinkAbout2009 08 18 Public Hearings 502.6 Order of the Code Enforcement BoardO~ ~tNTER s'A
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CITY OF WINTER SPRINGS, FLORIDA
(~ 1126 EAST STATE ROAD 434
~% WINTER SPRINGS, FLORIDA 32708-2799
TELEPHONE: (407) 327-1800
FACSIMILE: (407) 327-4753
WEBSITE: www.winterspringsfl.org
ORDER OF THE CODE ENFORCEMENT BOARD
THE CITY OF WINTER SPRINGS,
A Florida municipal corporation,
Complainant,
v.
JUAN E. CRUZ JR. & IDA L. CRUZ
Owners of the Property located at:
1003 Gator Lane
Winter Springs, FL 32708
Legal description: LOT 40 OF WINTER SPRINGS UNIT 2;
PLAT BOOK 16, PAGE 83)
Respondents,
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CLERK'S # 2Gta9a'93651
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ORDER IMPOSING PENALTY
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Winter Springs, Florida, on August 18, 2009, to
determine whether any violations of the City of Winter Springs Code of Ordinances 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, the following Findings of Fact and Conclusions of Law 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 Respondents were provided a Notice of Violation in accordance with
Section 2-64 of the City of Winter Springs Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That violations of sections 108, 301.3, 304.1 and 304.7 of the 2006 International
Property Maintenance Code, as adopted by section 6-300 of the City Code, exist upon the
Property; and a violation of section 105.3.2 of the Florida Building Code exists on the Property,
and that the Respondents were provided a reasonable amount of time to correct said violations;
Case # 502.6
Certified #7002 0510 0003 4974 3797
Case #502.6
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided; that the Respondents were provided notice of hearing before
the Code Enforcement Board and were not present at the hearing;
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, specifically, sections 108, 301.3, 304.1 and 304.7 of the 2006
International Property Maintenance Code, as adopted by section 6-300 of the City Code; and
section 105.3.2 of the Florida Building Code;
5. That said violations continue to exist on the Property and constitute violations of
the City of Winter Springs Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
That the structure on the Property be immediately demolished and removed; and
2. If Respondents fail to comply with the directives contained herein, the City shall
cause the structure to be demolished and removed, and the cost of such demolition and
removal shall be charged against the Property and shall be a lien upon the Property.
Respondents shall be responsible to provide notice of compliance with this Order to the Code
Enforcement Officer;
3. The Clerk of the Code Enforcement Board shall record a certified copy of this
Order in the public records for Seminole County, Florida;
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondents to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with section 162.09, Florida Statutes, and City of Winter
Springs Code of Ordinances, Chapter 2, Article III, Division 2.
DONE AND ORDERED at Winter Springs, Florida, this 18th day of August, 2009.
ENFORCEMENT BOARD OF THE
iF WIN'IIER'rS~NGS~LORIDA
Copies furnished to:
Juan E. Cruz Jr. and Ida L. Cruz, Respondents
City of Winter Springs, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail /hand delivery to the Respondent and/or
Respondent's authorized representative on this 21St day of August, 2009.
i
~n
Jan Brown, Board Secretary
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