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Winter Springs board finds repeat rubbish violation at 31 N. Cortez, fines property $1,700
Summary
At its April 22 meeting the Winter Springs Code Enforcement Board found a repeat accumulation-of-rubbish violation at 31 North Cortez Avenue, imposing $50 per day for 34 days (total $1,700). The property was later found in compliance; the owner said illness and work responsibilities contributed to delays.
The Winter Springs Code Enforcement Board on April 22, 2025 found a repeat accumulation-of-rubbish violation at 31 North Cortez Avenue and imposed a $50-per-day fine for 34 days, totaling $1,700.
The finding was based on testimony and photographs presented by Chris Alban, code compliance inspector for the City of Winter Springs, and on the board’s previous 2024 finding that the property had been in violation. The board said the repeat-violation window under Florida law restarts with this ruling, exposing the property to repeat-violation treatment for five years.
Alban told the board the case began with a prior public hearing held Jan. 23, 2024 in which the respondents were found to be in violation of the 2024 International Property Maintenance Code, Section 308.1 (accumulation of rubbish or garbage). Alban said he inspected the property Feb. 20, 2025 after a citizen complaint, documenting rubbish and debris including an old air-conditioning unit, wood and metal scraps, and a landscape trailer (Exhibits 1–5). A notice of violation was mailed Feb. 25, 2025 and received by Feb. 28, 2025. Alban’s reinspection on March 20, 2025 showed the violation remained; a later reinspection found the property corrected on March 26, 2025.
The person who identified themself at the hearing as the respondent (name not stated on the record) said they had been hospitalized and "unable to work for almost 3 months," described items on the trailer as work equipment and salvageable materials rather than trash, and said delays in pickup and health problems contributed to the condition. The respondent said they had paid prior fines and said they felt targeted because other nearby properties also have visible equipment or trailers.
Board members and the board attorney discussed definitions in the International Property Maintenance Code and Florida’s repeat-violation statute. Board attorney Amelia Ulmer summarized the IPMC definition that distinguishes garbage (animal/vegetable waste) from rubbish (other waste material including wood, metals, yard trimmings and similar materials) and said the board could determine whether the photographs met that definition. Chair Steve Gilday emphasized the board’s focus on even enforcement: "We don't go after one class. We don't go after one race. We don't go after one person because of their economic position," and said the board seeks compliance rather than punishment.
After discussion a motion to find a repeat violation of IPMC Section 308.1 carried unanimously. The board imposed a reduced fine of $50 per day for 34 days (total $1,700) rather than the maximum $500 per day the statute allows for repeat violations. The board noted the property was found corrected on March 26, 2025 and reminded the respondent that the finding restarts the five-year repeat window. The board also advised the respondent of appeal rights (appeal to the circuit court within 30 days; a verbatim transcript may be required and would typically be obtained at the respondent’s expense).
The board voted as follows: Art Gallo — aye; Maurice Capra — aye; Karen Owens — aye; Debbie Pankey — aye; Vice Chair Miguel Martin — aye; Chair Steve Gilday — aye. The board moved on to the next case following the ruling.
