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.
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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
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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.
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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.
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Robert Carneal Notary q ,Jorftozac t&. 2-113
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