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HomeMy WebLinkAbout2016 06 28 Public Hearing 504 - New Case - 3271 North US Highway 17-92CODE ENFORCEMENT BOARD AGENDA ITEM 504 REQUEST: June Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 March 29, 2016 RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 Case #: 2016CE000876 Service Address: 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION �\NTEq O S � The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violations: Inspection Number Inspector Date 2016 - 00000103 OFC TERRI GUERRA 03/29/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016 - 00000103 IPMC 108.1.1 Unsafe Structure 2016 - 00000103 IPMC 301.3 Vacant Structures and Land 2016 - 00000103 IPMC 304.15 Doors Glass to front door is broken. 2016 - 00000103 IPMC 304.18 Building Security Front door glass is broken allow entry. 2016 - 00000103 IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust 2016 - 00000103 IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. 2016 - 00000103 IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas 2016 - 00000103 WS 13 -1 General Prohibition 2016 - 00000103 WS 13 -2(b) Junk & Debris There is a large grey tarp on the ground. A pile of used /discarded tires next to the main building. Trash scattered around parking lot. 2016 - 00000103 WS 13 -2(c) Unsanitary / Overgrown Grass and bushed overgrown. There is a vine growing up onto the roof of the building. 2016 - 00000103 WS 9 -374 Posting of Numbers No visible identification numbers. C.A.L.E.A and State of Florida Accredited Agency Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement Division of the corrections 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 for first offenses or up to $500.00 for repeat offenses per day that the violation remains. Please note the latest date to have the cited violations corrected: Corrective Action Comments Due Date NCV See above 04/19/2016 Municipal Code Code Text IPMC.108 -1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC.301 -3 — Vacant structures All vacant structures and premises thereof or vacant land shall be maintained in a clean, and land safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. IPMC.304 -15 - Doors All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304 -18 - Building Security Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304 -2 - Protective Treatment All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decayresistantwoods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC.304 -8 - Decorative Features All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304 -9 - Overhang Extensions All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and 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. Winter Springs City Ordinance. 13- Nothing may be done on any lot which may become an annoyance or nuisance to the 1- - neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City Ordinance. 13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 2 2 -(b) - 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 lawfully situated and licensed for the same. Winter Springs City Ordinance. 13- The existence of excessive accumulation or untended growth of weeds, undergrowth or 2 -(c) - 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. Winter Springs City Ordinance -9- Each building in the corporate limits of the city shall have its assigned building number 374 - Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1) The building address number shall be affixed to the building front or facade as defined in section 9 -370 or to a separate structure such as both sides of a mailbox, post, wall, fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2) Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3) inches in height and one -half inch in width. (4) Numerals shall be made of a durable weather- resistant material permanently affixed to the front of the building or structure. Professionally, Code Officer Ter ' uerra Certified Mailing Numbers: 7014 0150 0001 6256 3159 Er Ln — L (Domestic Mail Only; No Insurance Cover-1 r-3 ' M For delivery Information visit our websit"i V1w Ln nj Postage Certified Fee E3 Return Receipt Fee (Endorsement Required) C3 C3 Restricted Delivery Fee (Endorsement Required) Ln Or-q Total Postage & Fees �1 r S TO ltre�eWp—tLft.;-� - -------- ------- C3 or PO Box NO. 4 ' - City, State, ZIP+4 �� I , . %rtLnAn Postmtrk Herai,—, KI z M z z 0 IA IA 00 m Ln Ln IM -1 31 W 1-- — L A Cl IL jo ICA - (C"jl c-, lu flU (r, JUS POSTAGE `RBa WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE VIOLATION 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 City Of Winter Springs Case Number 2016CE000876 Posted on the following date: May 11, 2016 ,IJ�NTE? � S,o o Z The undersigned swears and affirms that the property has been posted: SIGNATURE OFC TERRI GUERRA STAMP: u� b-13-i6 NCNrARY SIGNATURE DATE =398-0153 L MINNETTO ISSION #FF106727 May 11, 2018 ota Service.com PO'PR CASE #: 2016CE000876 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 NOTICE OF REMEDY OF A PUBLIC NUISANCE �N�NTER S� a 2 U ti , Ui This is notification that the property located at 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 is in violation of City Ordinance and deemed a public safety and health nuisance. The Code Inspector observed the following: Violation Description Violation Comments WS 13 -2(b) Junk & Debris A pile of used /discarded tires next to the main building. The owner of record will be notified by certified mail by the United States Postal Service and by notice posted at the violation address. RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The City of Winter Springs remedied this violation on May 11, 2016 . The fees associated with the corrective actions are estimated at $ per violation. If the invoice for such fees is not paid within fifteen (15) days of the invoice date a lien will be imposed against the property which can result in foreclosure on the property. The owner of record may appeal this violation within fifteen (15) days of this notification date in writing to the code enforcement manager. The appeal must include the address of the location in violation, reason, evidence and argument that the condition does not constitute the public nuisance. If this appeal process is met the City of Winter Springs will not proceed with further action until the case is heard by the City Commission. Certified Mail Number: 7014 0150 0001 6256 3159, , , Municipal Code Code Text Winter Springs City Ordinance. 13- It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, 2 -(b) - 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 lawfully situated and licensed for the same. SIGNATURE OFC Rich McLaren C.A. L.E.A and State of Florida Accredited (Domestic Only; M For delivery Information visit our website P.1 vmw.uspsx.ornc Ln (U Postage $ rq Certified Fee U� rq 1-3 Return Receipt Fee Pos]mark ;Here O (Endorsement Required) Restricted Delivery Fee ' p (Endorsement Required) p' Ln r-I Io Total Postage & Fees $ ii l� - -- - ---- ----•------------------------------ C3 ------- ---------- --- ------ - ---- Street, Apt. No.; CU -------- grower g � Sk 23 6 0 r- or PO Box --- City State, ZIP +4 R / au, P- 33311 0 �N�NTER � Sq O 'A � Z U � CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE000876 PETITIONER, vs. RESPONDENT PARCEL OWNER: RACETRAC PETROLEUM INC 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on June 28, 2016 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: 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 Property Owner Name: RACETRAC PETROLEUM INC Property Owner Address: 500 E BROWARD BLVD STE 2300 FT LAUDERDALE, FL 33394 The cited violations are as follows: IPMC 108.1.1 Unsafe Structure IPMC 302.3 Sidewalk & Driveways IPMC 304.15 Doors Glass to front door is broken. IPMC 304.18 Building Security Front door glass is broken allow entry. IPMC 304.2 Protective Treatment Remove green growth from entire fence area and some parts of the building. There is also paint chipping off light pole and rust IPMC 304.8 Decorative Features Former signs are missing panels and are in need of repair. IPMC 304.9 Overhang Extensions The main overhang area covering where the gas refueling area was is deteriorating and showing excess amounts of rust in many areas WS 13 -1 General Prohibition WS 13 -2(b) Junk & Debris There is a large grey tarp on the ground. A pile of used /discarded tires next to the main building. Trash scattered around parking lot. WS 13 -2(c) Unsanitary / Overgrown Grass and bushed overgrown. There is a vine growing up onto the roof of the building. WS 9 -374 Posting of Numbers No visible identification numbers. 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 0 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 6/13/2016 , posted on the property, and at a government office as per Florida State Statute 162. Certified Number: 7014 0150 0001 6256 3159, 7014 0150 0001 6256 4125 , , The text of the associated violations, as it appears in the Municipal Code, is stated below: IPMC.108 -1 -Unsafe Structure An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC.302 -3 - Sidewalks and All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a Driveways proper state of repair, and maintained free from hazardous conditions. IPMC.304 -15 - Doors All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. IPMC.304 -18 - Building Security Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. IPMC.304 -2 - Protective All exterior surfaces, including but not limited to, doors, door and window frames, cornices, Treatment porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decayresistantwoods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC.304 -8 - Decorative All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features Features shall be maintained in good repair with proper anchorage and in a safe condition. IPMC.304 -9 - Overhang All overhang extensions including, but not limited to canopies, marquees, signs, metal Extensions awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and 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. Winter Springs City Nothing may be done on any lot which may become an annoyance or nuisance to the Ordinance.13 -1- - neighborhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the SIGNATURE Inspector land owner, may enter upon such land and remove the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. Winter Springs City It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 13-2-(b) - 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 lawfully situated and licensed for the same. Winter Springs City The existence of excessive accumulation or untended growth of weeds, undergrowth or other Ordinance. 13-2-(c) - 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. Winter Springs City Ordinance- Each building in the corporate limits of the city shall have its assigned building number 9 -374 - Posting Of Numbers properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1) The building address number shall be affixed to the building front or facade as defined in section 9 -370 or to a separate structure such as both sides of a mailbox, post, wall, fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2) Any numbers which are not clearly visible and legible from the public or private way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3) inches in height and one -half inch in width. (4) Numerals shall be made of a durable weather- resistant material permanently affixed to the front of the building or structure. SIGNATURE Inspector USPS.com® - USPS Tracking® English Customer Service USPS Mobile' Page 1 of 1 Register I Sign In Customer Service > USPSTracking® Have questions? We're here to help. i;e toGet Easy Tracking Updates > Sign up for My USPS. Tracking Number: 70140150000162564125 Product & Tracking Information Postal Product: Features: Certified MailTM DATE & TIME STATUS OF ITEM LOCATION June 14, 2016, 10:04 pm Departed USPS Facility ORLANDO, FL 32862 Your item departed our USPS facility in ORLANDO, FL 32862 on June 14, 2016 at 10:04 pm. The item is currently in transit to the destination. 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Sign up for My USPS > *0 LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEO Data Search or Enter a Tracking Number https: // tools. usps. com/ go/ TrackConfimiAction ?gtc_tLabelsl= 70140150000162564125 6/15/2016 �R(CCR6 WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 AFFIDAVIT OF POSTING The following properties have been posted with the NOTICE OF CODE BOARD HEARING 3271 N US HWY 17 -92 WINTER SPRINGS, FL 32708 AND 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 City of Winter Springs Case Number 2016CE000876 Posted on the following date: June 13, 2016 � - Q SA rod --- INEPIWIP1 ILAW NZ The undersigned swears and affirms that the property has been posted: VWWIS A. RWdlck SIGNATURE NOTARY PUBLIC STATE OF FLORIDA OFCTERRI GUERRA WE*k" 7/21/2019 J STAMP: �T NOTARY SIGNATURE D E