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Home My WebLink About2000 04 10 Regular C Satisfaction of Code Enforcement Lien COMMISSION AG~ENDA ITEM C Consent Informational Public Hearing Regular X April 10.2000 Meeting t. J\1gr. / Authorizatio REQUEST: The Community Development Department-Code Enforcement Division requests the City COlmnission consider the request of Mr. Walt Dittmer for satisfaction of the Code Enforcement lien against his property. PURPOSE: The purpose of this agenda item is to request the Commission ,consider the request ofMr. Walt Dittmer for satisfaction of a Code Enforcement lien against his property. APPLICABLE LAW AND PUBLIC POLICY: Under Florida Statutes Chapter 162, Code Enforcement Boardl fines shall become liens on the property on which the violation exists. Under this statute, the lien must run in favor of the local governing body and therefore may only be reduced or satisfied by them. CONSIDERA TIONS: On April 20, 1999 the Code Enforcement Board ordered that Mr. Dittmer mow and regularly maintain 35' from the property line. A letter was sent to the chairman of the Code Enforcement Board by Mr. Dittmer advising her that the area was mowed on May 15 and 16, 1999. Inspection of the area revealed that although some of the property was mowed, the Order of the Board was not complied with in regard to the 35' buffer. Mr. Dittmer was notified of this discrepancy. This Division further instructed Mr. Dittmer on August 4, 1999 that compliance had still not been achieved, that the fine had become a lien against the property, and the procedures for correcting the situation. The letter stressed that when the property was brought into compliance an APRIL 10,2000 REGULAR AGENDA ITEM C Page 2 inspection must be requested in order to halt the tine from accruing. Mr. Dittmer replied on August 6, 1999 saying that his contractor only cut 90% of the area and that the area would be maintained. No further correspondence was received from Mr. Dittmer until the case was rescheduled for the Code Enforcement Board on March 21, 2000 to request a recommendation for foreclosure or recommendation for reduction /satisfaction of lien. The matter was brought before the Code Enforcement Board on March 21, 2000. The Code Enforcement Board could not make a decision for a recommendation to the City Commission as to amount of reduction, but did suggest that Mr. Dittmer ask the City Commission to reduce or satisfY the lien. STAFF RECOMMENDATION: Staff recommends that the City Commission reduce the lien to an amount that reflects the cost of prosecuting the case, recording the lien and a fine of$1,000.00, for a total of$1,050.00. ATTACHMENTS: A. Section 13-1, City Code B. Order of the Code Enforcement Board, April 26, 1999 C. Letter to chairman from Mr. Dittmer, May 25, 1999 D. Letter to Mr. Dittmer from Code Enforcement Division, August 4, 1999 E. Letter to Code Enforcement Division from Mr. Dittmer, August 6, 1999 COMMISSION ACTION: ATTACHMENT A M2I.i5.2000 i:30PM ~. i 0 ;-:V1S_'\..?-iCt:S ARTICLE 1. IN GENERAL Sec. 13-1. ~neral prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neigh- borhood. No refuse pile or unsightly objects shall be allowed to be plated or suffered to remain . thereon. In the event-the owner shall fail or refuse to keep premises free of refuse piles or other un- sightly objects or growths, then the city commis- sion may enter upon such land and remove the same at the expense of the owner and such entry shall not be deemed a trespass, COrd. 'No. 44, ~ 44_76, 1-8-68) Sec. 13-2. Littering. '.'. '. (a). It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any paper, bottles or pieces thereot, tin cans. garbage, glassware, refuse. debris or any other offensive, unwholesome or unsightly matter whatever in or on any street,road, sidewalk, alley, playground. vacant property or any other pl,1blic grounds, or in or on the bank of any canal. stream, lake, watercourse or pool within the city. (b) It shall be unlawiul for any person to cause or permit junk, scrap metal. scrap lumber. waste- paper products, discarded building materials, or any \mused abandoned.:vehide, 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 in the city unless in connection vtith a business en- terprise lawfully situated and l.icensed. for the same. . (c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel orland 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 threaten, or endanger the public health, safety, or welfare, or may rea. sonably cause disease, is hereby prohibited and declared to be a public nuisance and unlawful. (d) It shall be the. duty of the owner of each lot, lrad, or rarcel of land within the city to reason. S'JPP. t".). ~ 1'10.0680 13.26 ably regulate and effectively control e>::cessive growths and accumulations, as enumerated in sub. section (c) on the property. It shall also be the duty of the owner to drain . regrade or fill any lot, tract, or parcel, incluclin~' swimming pools thereon, which shall be dangerous or unsanitary, have stagnant water thereon, or be in such other condition as to be susceptible to pro- ducing disease or danger to the public. (Code 1974. 9 7-1; Ord. No. 464. ~ 1. 2-12-90) See, 13-3. Dul~y of owners of buildings to keep surrounding property clean; notice; fallure to comply with notice. (a) All land v.jthin a three-hundred.foot radius of any dwelling or other building, within the city shall be kept in a clean and trim condition by the owner of the property. (b) If the owner of any property fails to comply with the conditions of this. section, he shall be notified by the city of the violation and be al- lowed fifteen (15) days to comply. (c) If. after the fifteen-day period provided for in subsection (b), the owner has not cleaned the property in ac'=.ordance with this section, the city shall have the right and authority to enter upon the property in question, clear the land according to the requirements of this section and charge the owner for the cost thereof. (Code 1974, 5 7-2) Secs. 13-4-13.25. Reserved. ARTICLE II. NOISE Sec. 13-26. ProWbited generally. It shall be unlawful for any person to make, create, or maintain any unreasonably loud. dis- turbing, and unnecessary noise within the city. Noise of such character, intensity, or duration as to be detrimental to the life, health. comfort. or repose of any individual is prohibited. (Code 1974. ~ 9-14(a)) i9J ATTACHMENT B --lJ\NTE"1;' "~~-"S O;\:~'~-'" 'J"~ )...: ....\..r., , '1 f-' "i",-~ _I (. \ 1 0\ ."....--Il(f) \. '.......OC1......1."'j''1\. ;/. '\'" 1\(=i4 \_y '. / ''<:..~Ri6't>- CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 99-290 CERTIFIED: Z 515034066 OWNER: Walt Dittmer Undeveloped Area off Shepard Road Winter Springs, Florida 32708 The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on April 20, ] 999 in the matter of Walt Dittmer to determine whether he is in violation of Sedion 13-2. [Overgrowth] of the Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: (AMENDED) FINDING OF FACT: In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector, and other parties involved in this case. Based upon these proceedings, I move that Mr. Walt Dittmer and his (Undeveloped Area off Shepard Road), is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting. Walt Dittmer is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, Mr. Walt Dittmer having been found to be in violation of Section 13-2. [Overgrowth] of the Code of this City, I move that Mr. Walt Dittmer be given fourteen (14) days, after notification, to come into compliance by mowing a thirty-five (35) foot buffer zone, from the property line, in regard to this violation. If compliance is not achieved by this date, a fine of $100.00 per day (minimum) will be imposed until compliance is achieved, as verified by an officer of the City. Furthermore, any and all future reoccurrence of this violation after compliance has been achieved, will immediately cause the stated fine to be imposed, until compliance is again achieved, as verified by an officer of the City. Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accomplish this Order. This ;;; [, day of April, 1999. :1,,- ~ f/ ...-/ ....---..:(1, 'i~ /1 'lL-t'::::z.-=--- /;/.loannc Krebs, Chairperson Y Code Enforcement Board . City of" Winter Springs 1)( l( :S!ho:l1"(ls!~( .d <.:c II fo!alll!rdicl<1I,/()4 20'.l'.l!9') -2'.10.do<.: ATTACHMENT C " . Dittmer Properties, Inc; '. . .' . . . . ; . ..-. \', r. j '. · .,' . ',:,< : \'. ~:.;::~ .~:~::~';'-:L':;.. .' . ;'- M~.J.?anhe. Kre~s . Code Enforcem~.nt Board . , . " . . City ofWiriter Springs 1126 .Eas:t S~ate Road 434 ' . .Winter Sprit1g.s~ FL 32708 . . .' '. . .':. ',". . ~ , ~".,: ..# . . , ',' . " '.. ,...::,:;;::;,>;}~~~~;';:i~r:{,/:'::." , .' ..,it~~~r~i~.ti;,~." .. ,'. '. ':..MAY' 2' 5 "1.999""':':"-":"'~ ::. ':.,;::-" . ................... .......;:';;;~~~f~i;;:\,:'" . - . . .' :\:;Jj.:.. .i~ ."::,:'~ 'i:':,.. -~ "'" .:.... .. ". ;.. '. '.." "/-. . ::"~l:":' ;. .,,'- . ," ~'. ",:.:.;: . '-:.: :'~: ~.~ '.. ,,( ~ ':', . .. - . ~.:.>:;~x.\~.:...::~~.: ....-. . .'. . . ..- . ~ ". ",' ~'.. : ".' .,,".. . , . RE: CaseNumber99~290 . '"': " . . . ~. ". "",. ..". '. .f', . Dear MS,.Krebs: .Please be advised thaton the weekend ofMay15and H3, ourpropertywas.:.. . . 'brought in~orripliancewith the orderto mo~'a thirty;.fiivefootbuffe.'rzone . from the property line, Verytrulyyours, ~ Mr, Walt Dittmer President .J. : ',. ", 1006 Shepard Road 407-699-1755 FAX 407-695-4430 Winter Springs, FL 32708 dittmer@ditt-deck.com ATTACHMENT D M,~ r . I ~. ....lJ lJ:J 1: .J I r'M 110.1)001) CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 4J4 WINTER SPRINGS. FLORIDA 327013.2799 Tslsphone (407) 327-1800 , '. . " ~ .' ' .::: :,:'. ~. ~ ' Ft'IIX (407)327.6696 August 4. 1999 Wall Diltmcr 1006 Shopa.rd Road Winter Springs, Fl. 32708 Dear Mr. Dltuner, Inspections or your property that borders Ule Wildwood Subdivision along Shopard Road revcallhllllhe Order of the Code Enforcement Board of April 20, 1999 has not been satisfied. As you know. the BOllrd directed you to mow R 3~ feet buffer zone. A lien has been placed on tIle: propelrt)' Rnd continues to increase at a rate of S 100.00 R day unlil the nrea is mowed and this office notifi,ed. I do not have the authority to release tIus lien, as the lien runs in favor of the 10,:a1 governing body. (In this case, the City Commission). Appe1lls to the Board's dedslon are made to the Circuit Court of AppCllls, blll must be made within 30 days of the henring. Please contact this office to aCTRnge for nn inspection when the work is completed so that we can stop the flnefrom accruing further. s'n~ Jlmette Cook, Code Enforcement Manager RECEIVED AUG 5 1999 ~s} ~/ f'IRP-15-:2800 1,'2: :23 33>: r'. I" P.1,'2 ATTACHMENT E . =------- r1 CJ dittmpt \3 ARCHITECTURAL ALUMINUM August 06, 1 999 C. Jimette Cook City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 RE: Case CEB-99-290, Undeveloped area off Shepard Road Dear Ms. Cook: In receipt of your letter dated August 4, 1999, allow me to reconstruct: You and I met at 1 :30 P.M. April 14, 1999; and agreed on cutting a swath of30' to 35' from the rear ofthe Wildwood homes approximately four time:s a year. I directed Scott Hoekstra, who has been cutting my grass here at my business for approximately five years to cut the swath. On or about May 15, 1999, he cut, but not to the extent we wanted. I redirected him via a fax dated June 11, 1999 to cut and he did cut on June 27th. I checked it out the following week and found it to be just fme. Ifhe did not cut the entire berm - he cut 90% of it. He did not cut down into the water fhr obvious reasons. Jimette, I am sorry for any concern I may have caused any of you; but I do resent the threats of fines and liens on my property. Please relax knowing we intend to cut this swath approximately every two months, ;~ Walt Dittmer, Jr. WDJR/zag Enclosure: Plot plan dated August 06, 1999 Fax to Scott Hoekstra dated June 11,1999 (695.3041) '1006 SHEPARD ROAD \J\JINTEI< SPRINGS, FLORIDA 32708-2018 PHONE .d01.699.1755 · I=AX .d07 .695..d.d30 TOLL FI<EE 800.822.1755 www.ditt-deck.com diltmer@dilt-deck.com