Loading...
HomeMy WebLinkAbout2013 07 23 Regular 600 WS-2, WS-3, WS-4 • ITEM WS2 I ,/, /∎ OMEN f �,�_ CITY OF WINTER SPRINGS, FLORIDA u 1126 EAST STATE ROAD 434 WINTER SPRINGS.FLORIDA 32708-2799 'A`L -ptpp+ TELEPHONE:(407)327-1800 FACSIMILE: (407)327-4753 WEBSITE:www.wlntersprhpsA.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#11-0026183 A Florida municipal corporation, I f21iE MIME, MIK IF alcurr lull Complainant, IlEOM LE CSNIY NI 07681 P. 01x0 - 431; l2pgs) v. CLERK'S • 2O1 ii40302 113111110 12/26/2011 01125s15 MI Laura Francis And GMAC NEM= F IS.58 443 Alderwood Street IECOMED J Edwarethialll 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 October 18, 2011 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. "inclines 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)6-195. Fence 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)6-195.Fence 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 11-0026183 OCTOBER 18,2011 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until November 1,2011,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 AND FIFTY DOLLARS ($250.00)per day 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; 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 Dollars ($500.00)per day for each repeat violation,beginning on the first day the repeat violation(s)is I 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 24th day of October,2011. CODE ENFORCEMENT BOARD OF THE •CITY OF WINTER SPRINGS,FLORIDA i�� t . .,ems -•n Copies furnished to: CERTIFIED MAIL 7010 3090 0002 6040 1647 Laura Francis And GMAC,Respondent City of Winter Springs,Case File I hereby certify that a true and correct copy of the above and foregoingOriler %patty on First Violation has been by certified mail to the Respondent (s) and/or Respondents tt oratative on day of // �, 2011. � � c 1,A A '• 4. •va L.Brown,Boaecreta 9 !..'• c' sr.'••, ..•'.c. `4 E 411ia�-t. ITEM WS3 coaluzza Bp,:11-0026183 CITY OF meat aeltlM. R,og= ACC11ISS:6050 Falkland Rd.8cottaburg,VA P.O.Box 4622 Waterloo,IA Petitioner. V. Laura Francis&GMAC M+paadant. AJT V2T d'C01lLA1ICi vink COM ) a.8.: 0001CIY QT i ) • Ie3e0113 Id, the mxlar.iarkos aatbeasity, praonally appeased Chat i Flandklan , C4:M Inspector for the City at Winter Spriggs. whp, I esbaor bsinp duly .mrn, deposes and says: 1. That at October 11 , Iona the Cade antbrceaent Beard bald a pile bearing and !Hard its Order is the above styled setter. 2. Met, pursuant to said dater, 8eepoadeat las to His talent oerte1a corrective action by or before r4pvember 11 , 2011, , 3. That a ssinepsatian is performed an OolehgE l l , 20.12_. I 4. That the relaspectioe raveled that the corrective action ordered by the Code 131t'oraaaant Board bes been taken. MOM AIMArf s'.yE1s Wt. COW this 1-1.._day of 9C101211 _ . 101 2_, alai% AAA 404.1,,f".) Signature of Care inspect:ki ar+oler TO red ibad before as thts day of Otitber. • kTcai Fd �C. 1R>?y1AY - STATE or • PLCIUDA r Public sells at Feriae Mawr t sell Mh,vw c My Ocaotiasicn tDwes: i► �f y..c0 rioa. ezt7a 119911 117 Rev 12-11-90 . ITEM WS4 Robert A. Carnal 2365 Pine Meadows Place 4 Chuluota, Florida 32766 (407) 365-6999 Randy Stevenson Community Development Director City of Winter Springs 1126 N. State Road 434 Winter Springs, FL 32708 RE: Complaint# 11-0026183 443 Alderwood Court, Winter Springs, FL 32708 June 19, 2013 Dear Mr. Stevenson I am requesting a reduction or forgiveness for the fines or penalties assessed to 443 Alderwood Court amounting to approximately$83,500.00. We purchased the property at foreclosure and we were unaware of the penalties. The certificate of title was issued on October 9, 2012. Immediately upon receiving the title we took corrective action and replaced the missing fence panel and on October 11, 2012, Christie Flannegan issued the Affidavit of Compliance with Order of Winter Springs Code Enforcement Board. We would like to offer a settlement of$1,000.00 for the satisfaction or release of lean. Attached you will find An application for satisfaction or release of code enforcement liens, a check for$100.00 to cover the costs associated with recording of lien and lien release, and copies of the Recorded ORDER IMPOSING PENALTY ON FIRST VIOLATION and the AFFIDAVIT OF COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD. Please place the this application on the agenda of the next scheduled meeting of the code enforcement board for the City of Winter Springs. Sincerely, Robert Cameal Owner Attachments 5 Application for Satisfaction or Release of Code Enforcement Liens a. The Code enforcement case number: Complaint# 11-0026183 443 Alderwood Court, Winter Springs, FL 32708 b. Date property was brought into compliance: October 11, 2012 c. Factual Basis for penalty to be reduced: We purchased the property at foreclosure and we were unaware of the penalties. The certificate of title was issued on October 9, 2012. Immediately upon receiving the title we took corrective action and replaced the missing fence panel on October 11, 2012. d. Terms: Settlement in the Amount of $1,000.00 for satisfaction and release of lien. e. The reasons compliance was not obtained prior to the order of fine being recorded: House was in foreclosure. f. The reduction in penalty: Approximately$82,500.00 g. Other information deemed important: The fine seems excessive for having one fence panel missing from the back yard. The back yard pool was covered with wood and wire at the time of purchase. So there was no safety hazard from the pool. We have refurbished and cleaned the home and is now ready for occupancy. �.� • x:11. ' ',1�1�1e Robert Carneal Notary q ,Jorftozac t&. 2-113 ��,aunwwn�� `,�ay��ENA pAg h y corm Explas\ t I Jut/7.2014 i t * Ef si fX81;`0t1/4,��,