HomeMy WebLinkAbout2015 10 27 Public Hearing 601 - Non-Compliance Cases - WS-2, WS-3, WS-4 wirrommormiro
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CITY OF WINTER SPRINGS, FLORIDA
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• 1959 WINTER SPRINGS, FLORIDA 32708-2799
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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
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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 �"
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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 , , ,
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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.
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SIGN . DATE Wade A.Riddick
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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
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2. Article Number
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