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Home My WebLink About2015 02 24 Public Hearing 503 - New Case - 223 Shore RoadCODE ENFORCEMENT BOARD AGENDA ITEM 503 REQUEST: February Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. Kevin P. Brunelle Chief of Police Q WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -7999 - Fax (407) 327 -6652 =MM�� NOTICE OF VIOLATION AND REMEDY OF PUBLIC NUISANCE This is notification that this property located at 223 Shore Rd Winter Springs FL 32708 is in violation of City Ordinance 13 -2c and deemed a public safety and health nuisance. The owner of record Bismark & Colleen Wheatley address 1629 E 46TH St Brooklyn, NY 11234 will be notified also via Certified and First Class mailings. The owner of record may appeal this violation within fifteen (15) days of this notification date in writing to the code enforcement supervisor. The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance outlined. If this appeal process is met, the city will not proceed with ramifications until the case is heard by the City Commission. The city will remedy this violation in fifteen (15) days from IMMEDIATE. The fees associated with the remedy are estimated at $ 500.00 per violation. If the invoice for such fees is not paid within fifteen (15) days of the invoice date, a lien will be placed against the property which can result in foreclosure on the property. Unless this corrective action is taken: Will be corrected by the city. Maintain grass & weeds. The code inspector has observed: Grass & weeds over 10 inches.SERIOUS THREAT The owner is responsible to notify the Code Inspector below of corrections made prior to if the violation is corrected. Case Number: 2014CE002136 Professionally, Code Officer Terri Guerra Code Enforcement Division 407 - 327 -1000 Ext. 427 Certified Mail: 70110470000363160465 Enclosed: City Ord 13 -2 C.A.L.E.A. and State of Florida Accredited Agency i ,i's air Kevin P. Brunelle Chief of Police August 6, 2014 WINTER SPRINGS POLICE DEPARTMENT Colleen & Bismark Wheatley 1629 East 46TH St Brooklyn, NY 11234 300 North Moss Road • Winter Springs, FL 32708 Business (407) 327 -7999 • Fax (407) 327 -6652 Case: 2014CE002136, 223 Shore Rd Notice of Code Violation An inspection on August 6, 2014 of above mentioned property noted the following violation(s) of Winter Springs City Code(s) /Ordinance(s): Tree Trimmings/Yard Trash City Ord. 13 -2B Junk and Debris Overgrown Yard Stagnant Pool Maintenance of Fences Vacant Structures and Land Accessory Structures Enclosures Exterior Walls Overhang Extentions Chimneys and Towers Infestation Please correct these violations by: City Ord. 13 -2B City Ord. 13 -2C City Ord. 13 -2E City Ord. 6 -195 IPMC 301.3 IPMC 302.7 IPMC 303.2 IPMC 304.6 IPMC 304.9 IPMC 304.11 IPMC 308.1 Remove tree trimmings and trash from yard Clean up all junk and debris Maintain grass and weeds Clean stagnant pool - notified health department. Repair fence broken panels and slats missing also rotted areas Maintain property Repair accessory structure roof is caving in and door is broken Repair pool enclosure Repair exterior wall surface cracks Repair overhang extentions by fixing vent grates Repair chimney rotted wood .r` `;t 10 C.A.L.E.A. and State of Florida Accredited Agency`s Kevin P. Brunelle Chief of Police WINTER SPRINGS POLICE DEPARTMENT 300 North Moss Road - VAnter Springs, Fl. 32708 Business (407) 327 -7999 - Fax (407) 327 -6652 within ten (101 days after notification. Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement of said corrections by the date will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to $250.00 per day per violation for every day that you remain in violation. Sincerely, Code Inspector Terri Guerra Code Enforcement Specialist 407 - 327 -1000 ext. 427 Enclosures: City Ord. 13 -2, 6 -195 and IPMC 301.3, 302.7, 303.2, 304.6, 304.9, 304.11, 308.1 Certified Mail: 70110470000363160465 C.A.L.E.A. and State of Florida Accredited Agency •r U SPS. corn® - U SPS Tracking TM English Customer Service USPS Mobile "Apwkw I ra. dl lilhin INuirrtll ber 70110470000363160465 Page 1 of 2 [ Iro&]Gt Avai ° "tio Ili" is Postal Product: Features: Certified Mai ITM "I"ext U�jpdates DATE & TIME STATUS OF ITEM LOCATION if iin4l]l U�jpdates September 8, 2014, 1:35 am Departed t..J&PS IFacliilllliity ORLANDO, FL 32862 YOUr !�ei,n departed OUr LK') IP facilk�y lin GRI AND O, II :::1 32862 on 5 a n i e "`epliei,nber 8, 2014 a� 1 13 5 !�ei,n lIS CLJrren l ilin �ransi� k) �he desm ina ion. Ilnforrna ion, iIf available, iIS Upda ed periodically �hir'(Xjgh(xj� the day. I Please check again Ilan �er. September 8, 2014 , 12-38 am Arrived at USPS Facility ORLANDO, FL 32862 September 5, 2014 , 6-44 pm Arrived at USPS Facility WHITE PLAINS, NY 10610 August 29, 2014 , 12-12 pm Unclaimed BROOKLYN, NY 11234 August 11, 2014 , 11-06 am Notice Left (No Authorized Recipient Available) BROOKLYN, NY 11234 August 11, 2014 , 10-06 am Out for Delivery BROOKLYN, NY 11234 August 11, 2014 , 9-56 am Sorting Complete BROOKLYN, NY 11234 August 11, 2014 , 8-19 am Arrived at Unit BROOKLYN, NY 11234 August 11, 2014 , 5-37 am Departed USPS Facility BROOKLYN, NY 11256 August 10, 2014 , 5-24 pm Arrived at USPS Facility BROOKLYN, NY 11256 August 9, 2014 , 8-52 am Departed USPS Facility ORLANDO, FL 32862 August 8, 2014 , 10-38 pm Arrived at USPS Facility ORLANDO, FL 32862 https:Htools.usps.com/go/TrackConfirmAction?qtc tLabdsl=70110470000363160465 9/8/2014 RE: 223 Shore Rd Page 1 of 2 RE: 223 Shore Rd Scott Annan [scott@annanlandscape.com] Sent: Monday, August 11, 2014 2:12 PM To: Terri Guerra Will schedule ASAP. Scott - - - -- Original Message---- - From: Terri Guerra [ mailto :tguerra @winterspringsfl.org] Sent: Monday, August 11, 2014 2:05 PM To: Scott Annan Cc: Chris Deisler Subject: RE: 223 Shore Rd It's a go as soon as you can please. Thank You Terri Guerra Code Enforcement Division Winter Springs Police Department 300 North Moss Road Winter Springs, FL 32708 Work: 407 327 -7965 Fax: 407- 327 -6652 Email: tguerra @winterspringsfl.org From: Scott Annan [scott @annanlandscape.com] Sent: Friday, August 08, 2014 1:50 PM To: Terri Guerra Cc: 'Trisha George' Subject: RE: 223 Shore Rd Terri, The cost to clean up 223 Shore Rd equals $950.00 Thanks Scott Annan - - - -- Original Message---- - From: Terri Guerra [ mailto :tguerra @winterspringsfl.org] Sent: Wednesday, August 06, 2014 1:57 PM To: scott @annanlandscape.com Cc: trisha @annanlandscape.com Subject: 233 Shore Rd Scott /Trish Can we please get an estimate on this property. As soon as possible. Due to the serious threat to neighbors and potential rodents. We need removal of debris tree trimmings, stumps, broken bicycle parts and https:/ /owa.winterspringsfl.org/owa/ ?ae= Item &t = IPM .Note &id= RgAAAADTN8nROImPS... 8/12/2014 RE: 223 Shore Rd other small pieces of debris that could impede mowing. There is also a picnic table in the backyard with overgrowth covering it as an example of how bad it is. We need front and rear grass cut and weeded. Thank you Terri Guerra Code Enforcement Division Winter Springs Police Department 300 North Moss Road Winter Springs, FL 32708 Work: 407 327 -7965 Fax: 407 - 327 -6652 Email: tguerra@ winterspringsfl .org <mailto:tguerra @winterspringsfl.org> Confidentiality Note: This e -mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e -mail. If the reader of this e -mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e -mail in error, please immediately return it to the sender and delete it from your system. Thank you. Confidentiality Note: This e -mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e -mail. If the reader of this e -mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e -mail in error, please immediately return it to the sender and delete it from your system. Thank you. Page 2 of 2 https:H owa.winterspringsfl.org /owa/ ?ae= Item &t = IPM .Note &id= RgAAAADTN8nROImPS... 8/12/2014 sod r� �etir of 7 C> a o E o 0i 1-. LO v � �Isodoo11 F� ... . "; Lrl 0 rq m .n m 0 0 0 0 0 a 0 s1 a� V �- x u H S z (3) c U m /Acl U / / wk oof x 0400: 04 w r 0009 a+ O � zwwx aa, pa a� V �- x u H S z (3) c U m /Acl U / / wk oof AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 223 Shore Rd. Winter Spring, FL City Of Winter Springs case number 2014CE002136 has been posted with Notice of Code Violation on 9 -19 -14 after attempting to mail the notice by Certified Mail through the United States Postal Service. Property Po ed,by: Jim Flannigan (Z44 The above signed person has sworn to this statement on Y, 1%WU /L0-A Notary Signature 1CID) day o6e0ft1/201' . lfl,�;tG�ti ,c Stamp: =. MANDY L MINNETTO °? MY COMMISSION #FF106727 `''EOri�°•;`, EXPIRES May 11, 2018 (407) 998 -0153 Floridallota service.corn -N LATER � SA 0 9 � Z F � U to CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2014CE002136 PETITIONER, vs. RESPONDENT PARCEL OWNER: NATIONSTAR MTG. LLC C/O ROBERTSON ANSCHUTZ ETAL 6409 CONGRESS AVE SUITE 100 BOCA RATON FL 33487 -9899 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on February 24, 2015 the Code Enforcement Board will hold a hearing to determine why you should not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 223 SHORE RD WINTER SPRINGS, FL 32708 Property Owner Name: Nationstar Mtg. LLC C/O Robertson Anschutz Etal Property Owner Address: 6409 Congress Ave Suite 100 Boca Raton FL 33487 -9899 The cited violations are as follows: IPMC 302.7 Accessory Structure Accessory building is in a general state of disrepair and needs repairs. Fix or demolish structure. IPMC 303.2 Enclosures Since the fence is in disrepair there is no proper pool enclosure. Repair fence or enclose pool. IPMC 304.11 Chimneys & Towers Chimney is cracking and shows signs of degradation. IPMC 304.9 Overhang Extensions Soffit screens are missing causing a harborage for pests to gain entry to home. WS 13 -2(e) Stagnant Pool Stagnant pool. Drain pool or make pump operational. WS 6 -195 Maintenance of Fence Repair or replace sections of damaged or missing fence. Repairs exceeding $100.00 require a permit. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to per day for each day the violation continues and you can be charged for the costs that are incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property in accordance with Florida State Statute Section 162.09. The hearing is conducted within guidelines of City of Winter Springs Code 2 -60 and Florida State Statutes Chapter 162. You may appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in this case. You have the right to present evidence, exhibits, written and oral testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City Of Winter Springs Clerk's Office. In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing. I certify a copy of this document was sent by Certified Mail on 2/1012015 , posted on the property, and at a government office as per Florida State Statute 162. he text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.3-302 -7 — Accessory structures, including detached garages, fences and wall s, shall be maintained Structure und and in good repair. IPMC.3 -303 -2 - Enclosures Faccessory ming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in e completely surrounded by a fence or barrier at least 48 inches (1219 mm) in the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self - closing and self - latching. Where the self - latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self- closing and selflatching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. IPMC.3 -30411 - Chimneys & All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained in repair. All exposed surfaces of metal or wood shall be Towers structurally safe and sound, and good protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint or similar surface treatment. IPMC.3 -304 -9 - Overhang All overhang extensions including, but not limited to canopies, marquees, signs, metal ducts shall be maintained in good repair and Extensions awnings, fire escapes, standpipes and exhaust be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. Willer Springs City It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably and accumulations, as enumerated in Ordinance. - regulate and effectively control excessive growths subsection (c), and/or dead, damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right -of -way between the property and the street. Winter Springs City Ordinance- All fences and walls and accessories thereto shall be maintained in good order and in a equal to that which was originally approved by the building official at the time a 6 -195 - Maintenance of Fences condition permit was issued. If for any reason the fence or wall was erected without a permit, said wall Or Walis or fence shall be maintained in accordance with the conditions and requirements necessary from the building official under this article. Within thirty (30) for obtaining a fence or wall permit days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance days receipt of such notice. The thirty -day period may be with this section within thirty (30) of extended an additional thirty -day period by the city manager or the city manager's designee for good cause shown. Certified Number: 7012 3050 0000 4543 4037 Professionally, '&L �± l..tSIAR -1.- Code Enforcement Officer AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 223 Shore Rd & 1126 E. SR. 434 (City Hall) City of Winter Springs case number 2014CE002136 Has been posted with Notice of Code Board Hearing notice 02 -10 -2015 on Also noticed by Certified Mail through the United States Postal Service. Property Posted by: Terri Guerra��t > The above signed person has sworn to this statement on Z17,7 (Z-- Notary Signature Stamp: /6 day of t&O 20/-f� =Pubfic tate of Florida ht n FF 008235 01 7 t~ M11 Postage $ Lrl Certified Fee C r Postmark M Return Receipt Fee a . N Here (Endorsement Required) rV E:3 Restricted Delivery Fee rYY- (Endorsement Required) t ul Total Postage & Fees c q O M Sd o ru r R Street, Apt. No.; ED or PO Box No. f Ci State, ZIP +4 C I;Jc A Ato F1 3 3H L USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Arrived at Hub Product & Tracking Information Register I Sign In TM USPS Trackir Y1 Ig auspsCOM' Certified Mail- Customer Service > Have questions? We're here to help. Tracking Number: 70123050000045434037 Updated Delivery Day: Tuesday, February 17, 2015 Arrived at Hub Product & Tracking Information Available Actions Postal Product: Features: BOCA RATON, FL 33431 Certified Mail- Text Updates DATE & TIME STATUS OF ITEM LOCATION Email Updates February 17, 2015 , 5:57 am Available for Pickup BOCA RATON, FL 33431 Your item arrived at the BOCA RATON, FL 33431 post office at 5:57 am on February 17, 2015 and is ready for pickup. February 16, 2015, 5:04 pm Arrived at Hub BOCA RATON, FL 33431 February 14, 2015, 8:45 am Out for Delivery BOCA RATON, FL 33431 February 14, 2015, 8:35 am Sorting Complete BOCA RATON, FL 33431 February 13, 2015, 9:46 pm Departed USPS Facility NEST PALM BEACH, FL 33416 February 12, 2015, 9:04 am Arrived at USPS Facility WEST PALM BEACH, FL 33416 February 12, 2015, 1:38 am Departed USPS Facility ORLANDO, FL 32862 February 11, 2015 , 9:20 pm Arrived at USPS Facility ORLANDO, FL 32862 Track Another Package Tracking (or receipt) number Track It https: // tools. usps. com/ go/ TrackConfirinAction ?gtc_tLabelsl= 70123050000045434037 2/17/2015