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Home My WebLink About2013 07 23 Regular 601 WS-2, WS-3, WS-4, WS-5, WS-6 - ITEM WS2 r • 4.1t1TER 01 1 CITY OF WINTER SPRINGS, FLORIDA 1771 \ iesy 1126 EAST STATE ROAD 434 \ ( WINTER TELEPHONE: (407)327 1870008 2799 ��ORIOP 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, Ml1RYANNE MORSE, CLERK OF CIRCUIT COURT S MINOLE COUNTY v. PK 87862 Pas 8988 - 989; (2pgs) CLERK'S • 2012114223 Sidney and Jules Testerman RECORDED 89/25/2912 814949 PM 245 East Tradewinds Road RECORDING FEES 1&58 Winter Springs, Florida 32708 RECORDED BY J Eeksnroth(a11) 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,Divisipn4.••,,,•,, DONE AND ORDERED at Winter Springs, Florida,this 18th day of July 2012. '•*" ` • J . G 1� CODE ENFORCEMENT$01pj(D "THE +, CITY OF WINTER SPRII‘I( '1, LORIDA y 4 201. 0:4,-,:)\., O N I ,.•'Ov - leigh ' �� airperson -.�/� J�.t�� 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 20 day of 51.i ,2012. I mil. Sean Rend- Board Secretary - - - _ _ _ - ITEM WS3 . 0e, M).: 12-0027671 CITY OF WINTER SPR1hUS, FLORIDA ADDRESS:245 E Tradewinds Rd CODE EIFCIRCEMINT BOARD, Winter Springs,FL 32708 Petitioner, V. Sidney&Julie Testerman • Respondent. AITXDAVIT OF COMPLIANCE Willi CODER a< WINTER SPRII1CiS CODE ffiir BOARD =AM OF FLORIDA ) Cosy Ord 13-2- A30-4 l`lebrb , y& Poot Co ) COUNTY S.s.: :PmQ 302.7 BEFORE ME, the undersigned authority, personally appeared Christi Flannigan , Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says: i. That on May 9 • 20,13 , the Code Enforcement Board held a public hearing and issued its Order in the above styled matter. 2. That, pursuant to said Order, Raspordent was to have taken certain corrective action by or before Auaust 10 , 2012 3. That a reinspecticn Wise performed on May 8 • 2013 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken, FURRIER AFFIANTT SAYETS ?Cr.,�/�,� DATED this 1 day of T / (D j • 20. 13• 1, a . :0� /. I. /t.A Signature of Code • •44 SRN TO and sabeqglibed before me this °l day ot-,.c A • 20..1.Z. 7 TERRY T.BAKER Publk-State of w Con .Expire Jan 10,2016 ROTARY IC - STATE OF + �ft*- Comndeeian•EE 158690 • FLORIDA 1 �' • lebd Teo*National Notary App. My Commission Expires: WSPD 117 Rev 12-11-90 - ITEM WS4 ,, ' corrAufr NO., 12-0027671 j� .CITY OF WINTER SPRIN3S, FLORIDA Atoms:245 E.Tradewinds Rd. CODE ENFORON4ENT EOARD. Winter Springs,FL 32708 Petitioner, v. Sidney&Jules Testerman • Respondent. t AFFIDAVIT or C@gLIANG= WITH OMER STATE OF tLIXiIDA ) C)111 ord. , 13-16, 13-2 E, (a P7 i 7- S.S.: COUNTY of sE4INOLE ) .1..PY►'1G 304•.2 301-7 BEFORE ME, the undersigned authority, personally appeared C.Flannigan , Code inspector for the City of winter Springs, M . after being duly sworn, depoeee and says: 1. That on July 17 , 2012 , the Code Enforcement t 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 Auaust 10 Y0 12 • • 3. That a reinspection was performed on ,tune 10 , 2013 , 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANP SAYETH NOT. DATED this It day of V )Ye. , 2013 . CSAkIAe�i. 7%) Signature of Code 51 10 and subscribed befog, ma this jl day of ......r 2(1-1.Z NOTARY P C - STATE OF • FLORIDA My Commission Expires: 1 z.";;, TERRY T.BAKER itS •Sa-M y Comic.Ex*is Jas 10.2011 4 Commission 1�EE 15030 x r Bonlsd T rough MIional Notary Assn. WSPD 117 Rev 12-11-90 - RE: 245 East Tradewinds Winter Springs, Florida- Testerman Prc ITEM WS5 ge 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 Christi, 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.orq 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... 7/22/2013 RE: 245 East Tradewinds Winter Springs, Florida- Testerman Property Page 2 of 2 407.467.8069 Cell 407.217.5458 Office 407.217.5306 Fax DgnRemax @aol.com DarrellNunnelley@remax.net Skype: darrell.nunnelley www.DarrellSells.com ----Original Message From: Darrell Nunnelley <dgnremax @aol.com> To: rstevenson <rstevenson @winterspringsfl.org>; cflannigan <cflanniganewinterspringsfl.orq>; klatorre <klatorre @orlandolaw.net>; imabarry <imabarry( yahoo.com> Sent: Thu, Jul 4, 2013 10:23 pm Subject: 245 East Tradewinds Winter Springs, Florida-Testerman Property Mr. Stevenson: Please accept this email request on behalf of Michelle Barry, the new Owner of 245 Tradewinds 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. Darrell Nunnelley Remax 200 Realty 407.467.8069 Cell 407.217.5458 Office 407.217.5306 Fax DgnRemax c(�.aol.com DarrellNunnelley@remax.net Skype: darrell.nunnelley www.DarrellSells.com https://ws-ch-mail-caht/owa/?ae=Item&t=IPM.Note&id=RgAAAABkonJdsofMTKJNH6r... 7/22/2013 ITEM WS6 Michelle Barry 245 East Tradewinds Winter Springs, Florida 32708 July 16, 2013 Ms. Christi Flannigan City of Winter Springs Code Enforcement RE: Testerman Code Enforcement Liens Christi: Please accept this letter as my formal request to have the liens that were incurred by the previous property Owner reduced to a reasonable amount that is in line with the documented direct costs involved in the protection or clean up of the property that was incurred by the City of Winter Springs. Since I purchased the property all of the trees and landscaping has been professionally trimmed and maintained, an aluminum pool fence was professionally installed, all rotten or water damaged wood on the buildings has been eliminated and all buildings have been freshly painted We are now in full compliance and the affidavit of compliance has been issued. Thank you for your consideration, Michelle Barry