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HomeMy WebLinkAbout2015 10 27 Public Hearing 602 - Non-Compliance Cases - 227 Sherry AvenueCODE ENFORCEMENT BOARD AGENDA ITEM 602 REQUEST: October Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. / ENTER � z U pj mro�pomtee •\ 1959 � 1COO WF-.', y CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. Homebanc c/o Aldridge Connors LLP 227 Sherry Avenue Winter Springs, FL 32708 Parcel Id: 34 -20 -30 -509- 0600 -0170 Respondent, 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE. (407) 327 -1800 FACSIMILE (407) 327 -4753 WEBSITE www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2015CE001086 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) 6 -195. — Maintenance of fences or walls., IPMC 304.13 Windows, skylight and door frames., and IPMC 304.14 Insect screens., 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) 6 -195. — Maintenance of fences or walls., IPMC 304.13 Windows, skylight and door frames., and IPMC 304.14 Insect screens.; 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 #2015CE001068 JULY 28, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until August 25, 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 q day of August, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA "XX&-,a _.,e ,— 1,40, P regg Roe airperson Copies furnished to: CERTIFIED MAIL 7014 2120 0003 5828 0672 7014 2120 0003 5828 0665 Homebanc c/o Aldridge Connors LLP 1615 South Congress Avenue Suite 200 Delray Beach, Florida 33445 City of Winter Springs, Case File #2015CE001068 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 Li iNay of August, 2015. 0—,." ' Antonia De a Donna, Board Secretary- ,�.1 \LATER � SA O 'A > Z U [n t CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2015CE001086 PETITIONER, vs. RESPONDENT PARCEL OWNER: HOMEBANC C/O ALDRIDGE /CONNORS LLP 1615 S CONGRESS AVE STE 200 DELRAY BEACH, FL 33445 NOTICE OF NON COMPLIANCE HEARING Please take notice that at 5:30 P.M. on October 27, 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: 227 SHERRY AVE WINTER SPRINGS, FL 32708 Property Owner Name: HOMEBANC C/O ALDRIDGE /CONNORS LLP Property Owner Address: 1615 S CONGRESS AVE STE 200 DELRAY BEACH, FL 33445 The cited violations are as follows: IPMC 304.13 Windows, Skylight & Door Frames Replace or Repair front window that has a board covering it. IPMC 304.14 Insect Screens Repair or replace screens on front windows. WS 13 -2(b) Junk & Debris Clean trash from the left side of the residence. WS 13 -2(c) Unsanitary / Overgrown Clean yard waste right side of property WS 17 -1 Obstruct Sidewalk/Hazard in Right of Way Cut back bushes from the sidewalk. WS 6 -195 Maintenance of Fence Fence door possibly broken not hanging properly. 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 10/1/2015 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6336 0481 , 7014 0150 0001 6336 0849 , 7012 3050 0000 4543 4815, 7014 0150 0001 6256 2374 The text of the associated violations, as it appears in the Municipal Code, is stated below: Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tigh t. - Window, Door Frames Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self - closing device in good working condition. As Adopted by Ordinance 2008 -07 FSkylight, - Insect Screens It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him /her in the city unless in connection with a business enterprise Winter Springs City Ordinance. 13-2-(b) - lawfully situated and licensed for the same. Winter Springs City Ordinance. 1 3-2-(c) - The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or material tending by its existence and /or accumulation to endanger or adversely affect of health, safety, lives, and /or welfare of the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. It shall be unlawful for any person to place or deposit, or cause or allow to be placed or deposited, on any street, avenue, alley or sidewalk, park or other public space within the limits of the city, any building material whatsoever, or any articles or things which may obstruct or hinder the traffic thereon, without a special permit from the city commission or official who has been designated by the city commission to issue such permit. Such permit shall state clearly what space may be used and what materials may be placed thereon, the length of time the permit shall remain in force, and the terms and conditions upon which the authorization for placing materials on public property is granted. When, in the discretion of the city commission or an official who has been designated by the city commission, it becomes necessary for the protection of motorists or pedestrians, the person issued the permit shall provide adequate protective devices to include, but not limited to, sheds, walls, and guardrails to protect persons in the area. Such protective devices shall be constructed in accordance with plans approved by the city commission, or an official who has been designated by the city commission, and shall be maintained thereafter during the construction or repair, but under no conditions shall the streets or sidewalks be obstructed to such an extent to not allow passage of pedestrian and vehicular traffic. Winter Springs City Ordinance- 17 -1 - Obstructing Streets and Sidewalks. Permit Required All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a Winter Springs City Ordinance- 6 -195 - Maintenance of Fences Or Walls permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty (30) 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 with this section within thirty (30) days of receipt of such notice. The thirty -day period may be extended an additional thirty -day period by the city manager or the city manager's designee for good cause shown. R SIGNATURE OFC TERRI GUERRA "`R WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF NON - COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD October 20, 2015 HOMEBANC C/O ALDRIDGE /CONNORS LLP , , , ,r1 NTER � Sq a z OFC TERRI GUERRA, has re- inspected the property at 227 SHERRY AVE WINTER SPRINGS, FL 32708 on October 1, 2015. The property has been found to be in non - compliance with the City of Winter Springs Code Board Order that was issued at the meeting held on: July 28, 2015. The violations listed on the City of Winter Springs Code Board Order are as follows: IPMC 304.13 Windows, Skylight & Door Frames Replace or Repair front window that has a board covering it. IPMC 304.14 Insect Screens Repair or replace screens on front windows. WS 13 -2(b) Junk & Debris Clean trash from the left side of the residence. WS 13 -2(c) Unsanitary / Overgrown Clean yard waste right side of property WS 17 -1 Obstruct Sidewalk/Hazard in Right of Way Cut back bushes from the sidewalk. WS 6 -195 Maintenance of Fence Fence door possibly broken not hanging properly. SIGN DATE OFC TERRI GUERRA STAMP: SIGNATURE OF NOTARY DATE C.A.L.E.A and State of Florida Accredited Agency VdWW A. Rkk1k* NOTARY PUBLIC 8TATE OF FLORIDA Came* FF901822 Explim 7/21/2019 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse A. Signature ❑ Agent X ❑ Addressee g, ec iv ec y (Prin Name) C. t ivery 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. D. Is delivery address different from item 17 ElYest If YES, enter delivery address below: ❑ No 1. Article Addressed to: HOU bang C/o PridlL /Cem'"t j 1 bl S s C�ylKsr Ak SkZz Service Type ❑ Certified Mali® E3 Priority Mail Express'" i � 1 L 3.S 1'l� ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r, (transfer from service /abed PS Form 3811, July 2013 7014 0150 0001 6256 2374 Domestic Return Receipt H