HomeMy WebLinkAboutTiverton Avenue 1637 (Kerns/Chase/FNMA) #12-0028385 441NTElp
'A
~I �` z CITY OF WINTER SPRINGS, FLORIDA
U Incorporated 1126 EAST STATE ROAD 434
• 1959 WINTER SPRINGS, FLORIDA 32708-2799
��coo wEtRJy� TELEPHONE: (407)327-1800
FACSIMILE: (407)327-4753
WEBSITE:www.winterspringsfl.org
CODE ENFORCEMENT BOARD
CITY OF WINTER SPRINGS,FLORIDA
THE CITY OF WINTER SPRINGS, Case#12-0028385
A Florida municipal corporation,
MARYAME MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
Complainant, HK 07998 Pp 1175 - 1176; t2pgs)
CLERK' S # 2013037651
v. RECORDED 03/15/2013 04:29:23 PM
RECORDING FEES 18.50
Steven and Kimberly Kerns/Chase/Federal National Mortgage Association RECORDED BY J Eckmroth(al1)
1637 Tiverton Avenue
Winter Springs,Florida 32708
Respondent,
/
ORDER IMPOSING PENALTY ON 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 26, 2013 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, 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 Respondent was provided a Notice of Violation in accordance with Section 2-59 of the City Code
and consistent with sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section(s) 13-2. (e) Stagnant Pool, 13-2. Junk and Debris., IPMC 303.2 Enclosures
exist(s) or existed upon the Property and that Respondent was further provided a reasonable time to correct said
violation(s);
3. That Respondent either failed or refused to correct such violation(s) within the reasonable time period
provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement
Board and was not present at the hearing;
4. That based on the testimony and evidence presented,Respondent has violated the City Code,to wit:
Section(s) 13-2. (e)Stagnant Pool, 13-2. Junk and Debris., IPMC 303.2 Enclosures;
5. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s)
violation(s)of the City of Winter Springs Code of Ordinances
6. That such violations present a serious threat to the public health, safety, and welfare and shall be
CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER 12-0028385
FEBRUARY 26,2013
PAGE 2 OF 2
immediately remedied.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED:
1. A fine shall be immediately entered in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00)
per day commencing on February 27, 2013 and shall continue until the violation(s) is/are corrected and full compliance is
confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation(s)being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a
Notice of Compliance;
2. The Clerk of the Code Enforcement Board is directed to record a certified copy of this Order in the public
records for Seminole County, Florida, which shall serve as a lien against the Property and any other real or personal
property owned by the Respondent;
3. That violations existing on the property present a serious threat to the public health, safety and welfare and
that if Respondent fails to correct the violations set forth herein, that the City Commission be notified of said violations
pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Commission authorizing all reasonable repairs
required to bring the property into compliance, as permitted by section 162.09(1),Florida Statutes.
4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall
necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an
opportunity to correct such violation(s)and that the Code Enforcement Board, upon finding such repeat violation(s)exist(s)
shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first
day the repeat violation(s)is/are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary action against the
Respondent(s) 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,Chapter 2,Article III,Division 2.
DONE AND ORDERED at Winter Springs,Florida,this 27th day of February 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS,FLORIDA
r1ar1
a ood, 'hairperson
Copies furnished to: CERTIFIED MAIL 7012 0470 0001 2132 6798
Steven and Kimberly Kerns/Chase/Federal National Mortgage Association, Respondent
City of Winter Springs, Case File#12-0028385
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 to the Respondent (s) and/or Respondent's authorized representative on this day of
,2013.
Sean Beaudet,Board Secretary
COMPLAINT NO.: 12-0028385
CITY OF WINTER SPRINGS, FLORIDA ADDRESS:1637 Tiverton Ave.
CODE ENFORCEMENT BOARD,
Winter Springs, FL 32708
Petitioner,
V.
Respondent.
Steven& Kimberly Kerns, Chase,/
C(1-tV0) 110)/t3trr,1 011-9.
AFFIDAVIT OF COMPLIANCE WITH ORDER
OF WINTER SPRINGS CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
) S.S.: 13-2 Junk&Debris,
COUNTY OF SEMINOLE ) ,)03. enciouero
BEFORE ME, the undersigned authority, personally appeared Jim Flannigan
, Code Inspector for the City of Winter Springs, who,
after being duly sworn, deposes and says:
1. That on February 26 , 2013 , the Code Enforcement Board held
a public hearing and issued its Order in the above styled matter.
2. That, pursuant to said Order, Respondent was to have taken certain
corrective action by or before February 27 ,
3. That a reinspection vas performed on November 4 ( 2014 .
4. That the reinspection revealed that the corrective action ordered by
the Code Enforcement Board has been taken.
FURTHER AFFIANT SAYETH NOT.
DATED this 5 day of 41V AL 2011 .
/ '
S -ture of Code Inspector
S(4)RN TO and subscribed
before me this 1-22!:..day
of MCV-trnbir, 20 Vi
litiVi.CULCA,LA-X.4A/IA-1;4^-ettbs
NOTARY Pdt.LIC - STATE OF Sel'‘‘. MANDY L. MINNETTO
FLORIDA
111 \ ) MY COMMISSION#FF106727
...... EXPIRES May 11, 2018
My Canmission Expires: (407)3.9ii:0153 FloridallotaryService.com
WSPD 117 Rev 12-11-90
CITY OF WINTER SPRINGS
CODE ENFORCEMENT BOARD
COMPLAINT NO.: 12-0028385
CITY OF WINTER SPRINGS, FLORIDA ADDRESS: 1637 Tiverton Ave.
CODE ENFORCEMENT BOARD,
Winter Springs, FL 32708
PETITIONER,
V.
RESPONDENT.
Steven& Kimberly Kerns, Chase,
FtdriV frif.+0101 P1 f9-
AFFIDAVIT OF NON-COMPLIANCE WITH ORDER
OF WINTER SPRINGS CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
) S.S.: 13-2E Stagnant Pool
COUNTY OF SEMINOLE )
. .-,
BEFORE ME, the undersigned authority, personally appeared Jim Flannigan
, Code Inspector for the City of Winter Springs who, after
being duly sworn, deposes and says that:
1. On February 26 , 2013 , the Code Enforcement Board held a public
hearing and issued its order in the above styled matter.
2. Pursuant to said Order, Respondent was to have taken certain corrective
action by or before February 27 , 20 13 -
3. A reinspection was performed on Novernber4 , 204 -
4. The reinspection revealed that (check one)
X the corrective action ordered by the Code Enforcement Board
has not been taken.
the violation has recurred.
5. A description of the current status of the violation is as follows:
stagnant pool remains stagnant and uncovered
FURTHER AFFIANT SAYETH NOT.
DATED this 5- day of ()Di/ember- ' 20 /9 '
IGNA RE OF CODE INSPECTOR
)49
SWORN to and subscribed
before me this 54fIrclay
MY COMMISSION I si-s
of M Nun ba., 20'
vmuu1/4.cy . tittkw",,tilk
NOTARY PU'3LIC - State of Florida k.N. ,; , r,i MIONIN#NFFE10772°7
Ziittf. EXP
My commission Expires: FirriclaELMaryaSyervliCe'.c2om°18
WSPD 119 Rev. 12-13-90