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HomeMy WebLinkAbout2015 10 27 Public Hearing 601 - Non-Compliance Cases - WS-2, WS-3, WS-4 wirrommormiro tea .4,4xNT,EA, CITY OF WINTER SPRINGS, FLORIDA U Inco+DOnted y 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708-2799 C°O wESRy� FACSIMILE (407)327-4753 WEBSITE www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#2015CE001086 A Florida municipal corporation, Complainant, v. Homebanc do Aldridge Connors LLP 227 Sherry Avenue Winter Springs,FL 32708 Parcel Id: 34-20-30-509-0600-0170 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 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: 1. 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 1-( day of August,2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA 64" & regg Roe,V airperson-e-er ' 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 H t"day of August, 2015. .∎_�Ilr Antonia De a Donna,Board Secretary 4,"SfRSpa�",s WINTER SPRINGS POLICE DEPARTMENT 4 44.04 TERS� r� ^j POLICE CODE ENFORCEMENT DIVISION i �" v 3 v „ r U m"o I959 • V u- L 300 North Moss Road -Winter Springs, FL 32708 tiro ,y' Business (407) 327-1000 - Fax (407) 327-6652 o WE`a AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD October 20, 2015 HOMEBANC C/O ALDRIDGE/CONNORS LLP , , , y 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 Replace or Repair front window that has a board covering it. Frames 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 Cut back bushes from the sidewalk. of Way WS 6-195 Maintenance of Fence Fence door possibly broken not hanging properly. ''-J-611.1.ti W NQ' (6 1,, . SIGN . DATE Wade A.Riddick t NOTARY PUBLIC OFC TERRI GUERRA 4.4,- 1 STATE OF FLORIDA � �' ` Commit FF901822 Expires 7/21/2019 axiii ,,L, ��-2'0 l S STAMP: SIGNATURE OF NOTARY DATE C.A.L.E.A and State of Florida Accredited Agency SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X f ❑Addressee so that we can return the card to you. B. Rec-ive..by(Prin d Name) C. D.te.f. ivery • Attach this card to the back of the mailpiece, -4,', �." ,r or on the front if space permits. D. Is delivery address different from item 1? ■ es 1. Article Addressed to: If YES,enter delivery address below: ❑ No HOW pant c/014 AT . ki ,.s L ILIS S (414V61 At Sk25o £ Ii—L ?3. ut 3. 0CetTepe De' `Y��s";".iN. hJ ❑Certified Mail® 0 Priority Mail Express'" ❑ Registered ❑Return Receipt for Merchandise AA q� 1 ❑ Insured Mail ❑Collect on Delivery N\f C cal 1 111 Flo : Cx OI�C( o I D�� 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ((Transfer from servicelaben " 7014 0150 0001 6256 2374 PS Form 3811,July 2013 Domestic Return Receipt