The URL can be used to link to this page

Home My WebLink About2016 07 26 Public Hearing 400 - Repeat Case - 260 East State Road 434CODE ENFORCEMENT BOARD AGENDA ITEM 400 REQUEST: Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 2016CE001864 PETITIONER, vs. RESPONDENT PARCEL OWNER: GC4A COMMERCIAL LLC 20801 BISCAYNE BLVD STE 506 AVENTURA, FL 33180 NOTICE OF CODE BOARD HEARING- REPEAT VIOLATION Please take notice that at 5:30 P.M. on July 26, 2016, the Code Enforcement Board will hold a hearing to determine why you should not be found in repeat 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: 260 E 434 SR WINTER SPRINGS, FL 32708 (PARCEL ID 26- 20- 30- 5AR -OD00 -0120) Property Owner Name: GC4A COMMERCIAL LLC Property Owner Address: 20801 BISCAYNE BLVD STE 506 AVENTURA, FL 33180 The cited violations are as follows: WS 13 -2(b) Junk & Debris Trash /debris scattered throughout the property. If the Code Enforcement Board finds your property in violation of the above referenced City code you can be fined up to $500.00 per day for each day the violation existed 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. Should the violation be corrected prior to the hearing date, the city may still take the case before the Board. 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 July 6, 2016, 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 It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, Ordinance. 1 3-2(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. Certified Mail. 7014 0150 0001 6256 4392 Capt. C. Deisler cdeisler @winterspringsfl.org 11;1 R CN01111-5s WINTER SPRINGS POLICE DEPARTMENT I CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327 -1000 - Fax (407) 327 -6652 July 6, 2016 GC4A COMMERCIAL, LLC 20801 BISCAYNE BLVD STE 506 AVENTURA, FL 33180 Case #: 2016CE001864 Subject Property Address: 260 E SR 434 WINTER SPRINGS, FL 32708 (PARCEL ID 26- 20- 30- 5AR -OD00 -0120) Notice Address: 20801 BISCAYNE BLVD STE 506 AVENTURA, FL 33180 NOTICE OF REPEAT CODE VIOLATION The above mentioned Subject Property has been inspected on the date(s) below. Inspection Number Inspector Date 2016CE001864 CAPT. C. DEISLER 06/30/2016 The cited violations are as follows: Inspection Number Violation Description Violation Comments 2016CE001864 WS 13 -2(b) Junk & Debris Property continues to have loose trash, debris, and other garbage strewn throughout. You are in repeat violation of the City Code as provided for herein. You must notify the Winter Springs Code Enforcement Division upon attaining compliance with the cited City Code provision(s) such that compliance may be confirmed by the Code Enforcement Division. Your case may be presented to the Code Enforcement Board (the "board ") even if the repeat violation has been corrected prior to the Code Enforcement Board hearing. If the repeat violation has been corrected, the board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. Upon the board finding that a repeat violation has been committed, the board may order you (the violator) to pay a fine in an amount specified for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. The City of Winter Springs Code Enforcement Board is authorized to levy fines up to $250.00 per day for first violations or up to $500.00 per day for repeat violations. Municipal Code Code Text Winter Springs City Ordinance. 1 3-2(b) 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 lawfully situated and licensed for the same. Professionally, i Capt. C. Deisler Certified Mailing Numbers: 7014 0150 0001 6256 4392 C.A.L.E.A and State of Florida Accredited Agency ■ 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: 6C,yA �-Om "t bc-AL U-( A VK -r4TU&A A. Signatu 9 ;' X ❑A Adl B. Received by (Printed Name) ` C D tk pf I D. Is delivery address different from item 1? ❑ Ye; If YES, enter delivery address below: ❑ No 3. Seyice Type Certified Mail® ❑ Priority Mail Express'" ❑ Registered QTReturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 0150 0001 6256 4392 (transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 28, 2015 PAGE 8 OF 18 Discussion. Note: The Respondent was not present. "I WILL MOVE TO FIND THE RESPONDENT, HAYDEE RUBIO, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 25TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 504. Code Enforcement Division — Police Department CASE # 2015CE000478 GC4A Commercial LLC 260 East State Road 434 Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Date Of Service: March 30, 2015 Inspector: Captain Chris Deisler Captain Deisler presented the Case and submitted into Evidence, "'WS-1 will be this presentation; 'WS-2', proof of mailing of the NCV (Notice of Code Violation); 'WS-3', proof of delivery of the NCV (Notice of Code Violation); 'WS-4', proof of mailing for the Code (Enforcement) Board Hearing for tonight; 'WS-5', that Notice returned; 'WS- 6', Affidavit of Posting for tonight's Hearing." Continuing with his testimony, Captain Deisler noted, "The exterior of this property has extension garbage, debris, and other unsightly material throughout, particularly the rear area consisting of household trash, tires, piles of broken glass, wooden pallets, piles of concrete, and mattresses." Captain Deisler mentioned the property was the large shopping center in the west part of the City, near Victorio's II Italian Restaurant. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 28, 2015 PAGE 9 OF 18 Continuing, Captain Deisler stated, "The Notice of Code Violation was sent Certified on February 26t, 2015 and signed for by an `F. Rothstein' on March 6t', 2015. The Notice of Code (Enforcement) Board Hearing was sent Certified on March 27th (2015 and signed for by someone who's name appears to be `F. Geyore' on April 4th, 2015. The property and City Hall were also Posted on March 30t`, 2015. Over the last month or so I have had some dialogue with the property management company rep. Most of the debris that you'll see has been removed. However, the property remains in Violation. I drove it yesterday just too double check it. The piles of concrete are still there. There is still some trash scattered about. A couple wooden pallets are still there." Photographs were shown from "WS -1" with further comments. Lastly, Captain Deisler recommended, "The owner be provided until May 25ffi, 2015 to make corrections. If the property is subsequently found in Non - Compliance, a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Discussion ensued on the location of the dumpster being at the west end of the shopping center, that there is no enclosure for the dumpster, that the dumpster is continuously hauled by Waste Pro of Florida, and the back of the shopping center continually collects trash. Former and current tenants of the shopping center were also briefly discussed. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, GC4A COMMERCIAL LLC, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 25TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE ORDER OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. \L s. • !��`o NwTe E tRR� JZ u / J-1 w � THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. GC4A Commercial LLC 260 East State Road 434 Winter Springs, Florida 32708 Parcel Id: 26- 20- 30- 5AR -OD00 -0120 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: www.winterspringsfi.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Case #2015CE000478 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 April 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) 13 -2. (b) Junk and debris. 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; 3. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 13 -2. (b) Junk and debris.; 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 2015CE000478 APRIL 28, 2015 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until May 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 TWO HUNDRED AND FIFTY DOLLARS ($250.00) 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 _L�t_ day of 2015. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA F:J-� Hugh Fisher, C rperson Copies furnished to: CERTIFIED MAIL 7014 0150 0001 4535 2923 7014 0150 0001 4535 2916 GC4A Commercial LLC 20801 Biscayne Boulevard Suite 506 Aventura, Florida 33180 City of Winter Springs, Case File #2015CE000478 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 2015. Sean Bea det, Board Secretary