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Home My WebLink About2013 07 23 Regular 601 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 601 Consent Public Hearings X Regular July Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. r • — J4�NTER o` --' A'A ll CITY OF WINTER SPRINGS, FLORIDA U to \,incorporated 1126 EAST STATE ROAD 434 1-199 (c) WINTER SPRINGS, FLORIDA 32708-2799 ORON / 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#12-0027671 A Florida municipal corporation, Complainant, MARYANNE MORSE, CLERK OF CIRCUIT COURT FMINOLE COUNTY v. BK 07862 PQS 0988 - 989; (2pgs) CLERK'S # 2012114223 Sidney and Jules Testerman RECORDED 09/25/2012 01:59:59 PM 245 East Tradewinds Road RECORDING FEES 18.58 Winter Springs,Florida 32708 RECORDED BY 3 Eckenroth(all) 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 July 17, 2012 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) 20-411. Trailers in Residential Areas, 13-2. (b) Junk and Debris, 13.2. (e) Stagnant Pool, 6-217. Pool Enclosure of the City Code, and IPMC Sections 304.2 Protective Treatment, and 302.7 Accessory Structures, as Adopted by Section 6-300 of the City Code, 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)20-411. Trailers in Residential Areas, 13-2. (b) Junk and Debris, 13.2. (e) Stagnant Pool, 6-217. Pool Enclosure of the City Code, and IPMC Sections 304.2 Protective Treatment, and 302.7 Accessory Structures, as Adopted by Section 6-300 of the City Code; 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. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12-0027671 JULY 17,2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until August 10, 2012 to correct the violation(s) of the City Code on the Property; and 2. If Respondent fails to correct the violation(s) 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 violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00)per day until the violation(s) is/are corrected and full compliance is confirmed by the Code Enforcement Officer. Such fine shall be retroactively imposed commencing on July 17, 2012. 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; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be 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; 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 and 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,DivisipnQ2.,',„,, S, DONE AND ORDERED at Winter Springs, Florida,this 18th day of July 2012. "''°'' CODE ENFORCEMENT j D `THE : ', CITY OF WINTER SPRINK , LfRIDA .. ,....,1 ;04''‘- ‘ IA..• - .... i' fi7 ' . - Ieigh t �yi airperson IQ; Copies Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5657 3193 Sidney and Jules Testerman,Respondent City of Winter Springs,Case File#12-0027671 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 ZU day of J't.‘i ,2012. i Sean B ud- ,Board Secretary cain AINT N1), 12-0027671 CITY OF WINE SPRINGS, FLORIDA ADDRESS:245 E Tradewinds Rd CODE na7CIRCEMENT BOARD, Winter Springs,FL 32708 Petitioner, V. Sidney&Julie Testerman • Respondent. AF?ILIAVIT OF COMPLIANCE WITH ORDER OF WINTPR SPRINGS CODE 7�L, p BOARD �n STATE OF FLORIDA '(� VSO icl --"� 4 ' `�"� COUNTY OF � ) s.s.: P VYIQ 3D2.' HOME ME, the undersigned authority, personally appeared Christi Flannigan , Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says: 1. That on May 9 , 2013 , the Code Flrforceaent 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 August 10 20 12 • 3. That a reinspection was performed on May . , 2013 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYEIH NOT. DATED this ! day of 20 t.a .11 1; JJ EE' .4111. /4 / Signature of Code Inspec •r SWORN TO and subsapbed before me this 477 _day of N.-9n FiN _ TERRY T.BAKER ' ' `� HptNy • Florida �� •?My Camm Public Expirea.JState an a1 fp,2pt8 NOTARY IC — STATE OF Commission N EE 158530 FLORIDA I ',P,;,�t: Beaded Through Nationaa Notary Asia. My Caonission bcpires: WSPD 117 Rev 12-11-90 Off. NO.c 12-0027671 CITY OF WINTER SPRINGS, FLORIDA AnnRims:245 E Tredewinds Rd_ CODE ITT BOARD, Winter Springs, FL 32708 Petitioner, V. Sidney&Jules Testerman art. i l AFFIDAVIT OF COMPLIANCE WITH ORDER OF WINTER SPRIt+1G'S CODE N ORC MIENT BOARD STATE OF FLORIDA ) �tl O cji. c b 1 r, 13-1 by 13-Z0, 6-'4'117- , S.S.: 1f coiirLY OF SEMINOLE ) l.-PY (1 SD .z 3M-7 BEFORE ME, the undersigned authority, personally appeared C. Flannigan Code Inspector for the City of Winter Springs, who. after being duly sworn. deposes and says: I. That on July 17 , 2012 , the Code Enforcement Board held a public hearing and issued its Order in the above styled matter. 2. That, pursuant to said Order, Resporr3ent was to have taken certain corrective action by or before August 10 20 12 • 3. That a reinspectian was performed on June 10 , 2013 . 4. That the reinspection revealed that the corrective action ordered by the Code i forcerent Board has been taken. VR1TER AFF ANT SAYETH HOT. DATED this ft day of Tune_ . 201,5 . Signature of Code Ipector SMRN TO and subscribed befogs as this 4I day Df w��w 4 20 1'3 NOTARY P C — STATE OF FLORIDA My Camaission Expires: TERRY T.BAKER Notary Public-Slate of Florida I.fig =My Comm_Expires lee 10.2o1i ' � -f. Commission•EE 461530 .41V Bonded Mono Mitsui Notify Assn. WSPD 117 Rev 12-11-90 RE: 245 East Tradewinds Winter Springs, Florida- Testerman Property Page 1 of 2 RE: 245 East Tradewinds Winter Springs, Florida - Testerman Property Randy Stevenson sent: Monday,July 15, 2013 4:25 PM To: Christi Flannigan iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillI Please send me the backup on this request. Do I need to be at the meeting? Randy Stevenson, ASLA, AICP Community Development Director City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 (407) 327-5970 Cell (321) 698-6568 From: Christi Flannigan Sent: Monday, July 15, 2013 9:13 AM To: Darrell Nunnelley; Randy Stevenson Cc: Chris Deisler Subject: RE: 245 East Tradewinds Winter Springs, Florida - Testerman Property I have placed this on the Agenda for 7-23-13 at 5:30pm for reduction request. Thanks Christi D. Flannigan Code Enforcement Division Winter Springs Police Dept. 300 N. Moss Rd. Winter Springs, FL 32708 cflannigan @winterspringsfl.org 407-327-1800 Ext. 466 Fax 407-327-6652 From: Darrell Nunnelley [dgnremax @aol.com] Sent: Wednesday, July 10, 2013 2:02 AM To: Randy Stevenson; Christi Flannigan Subject: 245 East Tradewinds Winter Springs, Florida - Testerman Property Mr. Stevenson Please let me know if Michelle Barry has been added to the Agenda for a lien reduction and settlement Thanks for your help on this project. Darrell Nunnelley Remax 200 Realty https://ws-ch-mail-caht/owa/?ae=Item&t=IPM.Note&id=RgAAAABkonJdsofMTKJNH6r... 7/16/2013 }�B: 245 East TrudevvindsWinter Springs, F}orido- Testeooun Property Page 2of2 407.467.8069 Cell 407.217.5458 Office 407.217.5306 Fax DgnRemaxC@,aol.com DarrellNunnelley@remax.net Sk«pe: darrel[nUnnelleV -----Original Message----- From- DorreUNunneUey To- ratevenaon ' o�onn' on ' �oto�e . .� . - inmoborry Sent Thu, Jul 4. 2O131O-23pm Subject- 245 East Tradewinda Winter Springs, Florida -TestemanProperty Mr. Stevenson- Please 000eptthiaenmoi| requea on behalf of Michelle Barry, the new Owner of245Trodewinda Winter Springs, Fl. for her to be added to the Agenda for the July 23, 2013 Meeting to request a lien reduction now that the code violations from the previous Owners-Testerman - have been corrected and the property is now in full compliance and the affidavit of compliance has been issued. We are able to have the application fee paid and paperwork submitted on Friday July 5, 2013 if possible. Any help you can offer will be greatly appreciated. DorreUNunneUey Remox2OORealty 407.467.8069 Cell 407.217.5458 Office 407.217.5306 Fax Skvpe- dorreU.nunneUey }ttpS://wS-ch-mail-Caht/owa/?ae=}tem&t=IPM.Note&i konJdSOfMTKJNH6r... 7/16/2013