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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