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Home My WebLink About2015 09 22 Public Hearing 600 - Non-Compliance Cases - 51 South Edgemon AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 600 REQUEST: September Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. 44%N Tep MAO° w� Tara CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE000133 PETITIONER, vs. RESPONDENT PARCEL OWNER: CRUZ CARLOS A 51 S EDGEMON AVE WINTER SPRINGS, FL 32708 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on September 22, 2015 the Code Enforcement Board will hold a hearing to determine if the property described below is still in violation after their order was issued on: July 28, 2015. The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 51 S EDGEMON AVE WINTER SPRINGS, FL 32708 Property Owner Name: CRUZ CARLOS A Property Owner Address: 51 S EDGEMON AVE WINTER SPRINGS, FL 32708 The cited violations are as follows: WS 20 -162 R -1AA R -1A One Family- Uses Home must be used as a single family dwelling. Rooms may not be rented out which Permitted cause more than allowable habitation. Must be an individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons living together as a single housekeeping unit in a dwelling, who need not be related by blood or marriage. If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00 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 9/2/2015 , posted on the property, and at a government office as per Florida State Statute 162. The text of the associated violations, as it appears in the Municipal Code, is stated below: Winter Springs City Ordinance- Within any R -1AA and R -1A single - family dwelling district, no building, structure, land or 20 -162 - R -1AA & R -1A One water shall be used except for the following uses: (1) Single- family dwellings and their Family Dwelling Units- Uses customary accessory uses; and (2) Home occupations. Permitted Winter Springs City Ordinance- Within any R -1AA and R -1A single - family dwelling district, no building, structure, land or 20 -162 - R -1AA & R -1A One water shall be used except for the following uses: (1) Single- family dwellings and their Family Dwelling Units- Uses customary accessory uses; and (2) Home occupations. Permitted Certified Number: 7011 0470 0003 6316 4586 Capt. C. Deisler cdeisler @winterspringsfl.org • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CMZL V S c. R v Z 51 S.EMEMDN aw w N-t-oRSpSS, F�- 3�-� v g A. Signature X 0 Agent Addressee B. Received by (Printed Name) C. Date of Delivery C.AXLor D. Is delivery address different from item. l? c If YES, enter delivery address be4w• ❑ No sFF o�ShT t4 3. Service Type Certified Fee Ed Certified Mail- 0 Priority Mail Expre;;; 0 Registered E7 Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) d Yes 2. Article Number 1`011 0 4 7 0 0003 6 316 4586 (transfer from service label PS Form 3811, July 2013 Domestic Return Receipt I (Domestic Mail C J c� y unvnuauanI vran Nu( WCUUIie ai www.usps.come ' Postage M Certified Fee C-3 Return Receipt Fee (Endorsement Required) Postmark Here O Restricted Delivery Fee (Endorsement Required) O Total Postage & Fees $ {' " —"- Sent To cARLIDS �RvZ p fl- ----- Street, Apt. No'; or PO Box No. , -- -- ---" -F tat-•-- -------- — ^��- VV - ---�� -------------- °---- --- ---- -- --- --- See Reverse for Instructions PS Form :rr August 2006 I +irXNTER 4 `SA Z * M U to Incorporaua •\ 1959 � • �14,OO we-Tvt THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. Carlos Cruz 51 South Edgemon Avenue Winter Springs, Florida 32708 Parcel Id: 03 -21 -30 -501- 0300 -0100 Respondent, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: wwwminterspringsfl org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2015CE000133 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 28, 2015 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 -162 Zoning restrictions exists 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 -162 Zoning restrictions; 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 #2015CE000133 JULY 28, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 4, 2015 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 in the amount of ONE HUNDRED DOLLARS ($100.00) per day until the violation(s) is /are corrected. 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 / 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 Lj day of August, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA -- ' �I � o - Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5828 0634 Carlos Cruz 51 South Edgemon Avenue Winter Springs, Florida 32708 City of Winter Springs, Case File #2015CE000133 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 _ _- day of August, 2015. Antonia Della Donna, Board Secretary