HomeMy WebLinkAbout2002 07 08 Regular B Code Enforcement Lien Forgiveness
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COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing
Regular X
July 8. 2002
Meeting
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Authorization
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REQUEST:
The Community Development Department- Code Enforcement
Division requests the City Commission considers the request of
Chanh Nguyen for forgiveness for a code enforcement lien of
$186,000.00 against his property.
PURPOSE:
The purpose of this agenda item is to request the City Commission
considers the request ofChanh Nguyen for forgiveness for a code
enforcement lien of$186,000.00 against his property.
APPLICABLE LAW AND PUBLIC POLICY:
On January 14,2002, Ordinance 2001-62 was adopted that set in place the
procedure for requesting reduction or forgiveness of a code enforcement
lien.
CONSIDERATIONS:
Oct. 25, 1999 Half of Mr. Nguyen's property on Orange Ave. is annexed
into the City. This half is comprised mostly of a former
borrow pit that is now a pond. No zoning classification
was assigned.
Nov. 22, 1999 Michael Mingea, City Forester, alerts DEP that illegal
dumping and filling is occurring at the site. The City had
no filling regulations (that's probably why the owner
wanted that half annexed into the City). DEP does not
respond.
Jan. 3,2000 Winter Springs Public Works and Parks
Dept. staff witness City of Winter Park trucks using
the Cross Seminole Trail to access the site and
dump debris at the site.
',.....
JUL Y 8, 2002
AGENDA ITEM B
Page 2
Jan. 7,2000 Memo from David Zusi, Public Works, City of Winter
Park, containing receipts for payment for dumping on site.
Jan. 8,2000 Memo from Donald James, Winter Springs Parks and
Rec., reporting witnessing the dumping on site.
Jan. 7, 2000 Warning Notice of Code Violation issued to James
Meade for operating a business without a license
(Landfill). Dumping at the site halted.
Jan. 11,2000 Meeting with Seminole County Hazardous Waste,
Engineering, Greenway & Trails, City of Winter
Springs various departments, S1. John's RiverWater
Management District and James Meade, agent for
property owner on site.
Jan. 12,2000 Occupational license issued to James Meade for
filling by Seminole County for landfill on adjacent
property.
Jan. 12,2000 Letter to DEP again asking for assistance in
enforcement of their own DEP regulations.
Jan. 18, 2000 Pictures taken of site and of piles of mulch and
other organic debris.
Jan. 18, 2000 Code Enforcement Board heard case of illegal
storage of trash and debris. Imposed a fine of
$250.00 per day. Fine did not start until April 10,
2000, giving the property owner every opportunity
to bring property into compliance.
Feb. 16,2000 Permission from Fl. Dep1. of Environmental
Protection for the County Greenways and Trails
Dept. to finally block vehicular access on the
pedestrian portion of the trail. (Note~ they don't
actually do it until May, 2000, and is still left open
to vehicular traffic today)
April 17, 2002 Property brought into compliance. Fine stops
accruing daily. Total amount to date of lien/fine-
$186,000.00.
June 6, 2001 Recommendation to City Attorney from Code
Enforcement Board to foreclose on property.
May 21, 2002 Letter from property owner's attorney asking
forgiveness of lien.
CODE ENFORCEMENT BOARD RECOMMENDATION:
On June 18, 2002, the Code Enforcement Board recommended reducing
the fine to $20,000.00.
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JULY 8, 2002
AGENDA ITEM B
Page 3
STAFF RECOMMENDATION:
Staff does not recommend forgiving or reducing the lien.
ATTACHMENTS:
A. Ordinance 2001-62
B. Code Enforcement Board Minutes, June 18,2002
C. Application For SatisfactionlReduction of Lien
D. Letter of May 21,2002 from George Wallace, attorney for Chanh Nguyen.
E. Map of site
F. Order Imposing Penalty/Lien
G. Memo to Ron McLemore, City Manager! June 27, 2001
H. Administrative costs associated with prosecution
COMMISSION ACTION:
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ATTACHMENT A
l
ORDINANCE NO. 2001-62
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 2; PROVIDING FOR A NEW SECTION 2-61.5
ENTITLED PROCEDURES FOR SATISFACTION OR
RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under S2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Chapter 162, Florida Statutes provides that a municipality may create
administrative boards with the authority to impose administrative fines and other noncriminal
penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any
code and ordinance in force in such municipality; and
WHEREAS, the City Commission has enacted Chapter 2 of the Code of Ordinances and has
created a Code Enforcement Board with the powers and procedures as provided by law; and
WHEREAS, Section 2-61 of the City Code provides, in accordance with Chapter 162,
Florida Statutes, an order imposing penalty or fine which is recorded in the public land records and
becomes a lien in favor of the governing body, which can only be satisfied or released by an action
of the governing body; and
WHEREAS, this Ordinance is deemed to be in the best interest of the health, safety, and
welfare of the citizens of the City of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 2 is hereby
amended as follows: (underlined type indicates additions and strikeout type indicates .deletions,
City of Winter Springs
Ordinance No. 2001-62
Page I of 5
;.
,
while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption 0 f this Ordinance).
Chapter 2 CODE ENFORCEMENT
* * *
ARTICLE III. Boards, Committees, Commissions
* * *
Division 2. Code Enforcement
Sec. 2-61.5 Application for Satisfaction or Release of Code Enforcement Liens.
Where a certified cOPY of an order imposing a penalty or fine, as described above in Section
2-61, has been recorded in the public records and has become a lien against the land and/or property
of the violator, such violator may apply for a satisfaction or release of such lien as follows:
. ill} Upon full payment by the violator of the fine or penalty imposed in accordance with
this Chapter, the City Manager is hereby authorized to execute and record a
Satisfaction of Lien.
Oll Upon request for a reduction or forgiveness of a fine or penalty imposed in
accordance with this Chapter, the violator shall submit a written application to the
Community Development Director.
(f) The application shall include, but may not be limited to the following:
ill The code enforcement case nwnber:
ill The date upon which the violator brought the subiect property into
compliance with the City Code:
ill The factual basis upon which the violator believes the application for
reduction or forgiveness of the lien should be granted:
ill The terms upon which a satisfaction or release of lien should be granted:
ill The reasons, if any. compliance was not obtained prior to the order of penalty
or fine being recorded:
(Q) The reduction in penalty or fine sought by the violator: and
City or Winter Springs
Ordinance No. 200 (.62
Page 2 of 5
,
ill Any other information which the violator deems pertinent to the request,
including but not limited to the circumstances that exist which would warrant
the reduction or forgiveness of the penalty or fine.
This application shall be executed under oath and sworn to in the presence of a Notary
Public.
@ The violator shall submit at the time of application payment to the City in the amount
necessary to reimburse the City for its costs associated with recording the Order imposing a penalty
or fine and the requested satisfaction or release of lien. These costs are non-refundable. without
regard for the final disposition of the application for satisfaction or release of lien.
liD. Upon receipt of the application f9r satisfaction or release of lien and payment
provided above. the Community Development Director shall confirm through the Code Enforcement
Department that the violation- which resulted in the order imposing penalty or fine has been brought
into compliance. If the violation has been brought into compliance and there is no current code
violation upon the property in question. the Community Development Director shall place the
application upon the agenda of the next regularly scheduled meeting of the Code Enforcement Board
for the City of Winter Springs.
At the hearing before the Code Enforcement Board. the Board shall review and consider the
application for satisfaction or release oflien. provide the violator with an opportunity to address the
Board regarding the application for satisfaction or release oflien. and to take the testimony of other
interested parties. including but not limited to City staff.
ill Upon review of the application and any testimony presented. the Code Enforcement
Board shall recommend to the City Commission approvaL approval with conditions. or denial of the
application for satisfaction or release of lien. .
The Code Enforcement Board. in determining its recommendation. shall consider the
following factors:
!ill. The gravity of the violation;
(Q} The time in which it took the violator to come into compliance;
!0 The accrued amount of the code enforcement fine or lien;
@ Any previous or subsequent code violations;
.uu Any financial hardship;
City of Winter Springs
Ordinance No. 2001-62
Page 3 of 5
. (g} Any other mitigating circw11Stance which may warrant the reduction or satisfaction
of the penalty or fine;
{h} After a recommendation has been rendered by the Code Enforcement Board. the
Community Development Director shall place the application for satisfaction or release of/ien upon
the agenda of the next regularly scheduled City Commission meeting. The City Commission may-
take action solely based upon the sworn application and recommendation of the Code Enforcement
Board. and information provided by the violator in regard to the application for satisfaction or release
of lien;
ill The City Commission may approve. approve with conditions. or deny the application
to satisfy or release of lien. If the City Commission approves the application to satisfy or release the
lien and the approval is conditioned upon the violator paying a reduced penalty. fine. or any other
condition. the satisfaction or release oflien shall net be prepared or recorded until the condition(s)
placed by the Commission have been satisfied.
The violator shall have thirty (30) days in which to comply with the conditions imposed by
the City Commission. Failure of the violator to comply will result in the automatic denial of the'
application for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to the failure of
the violator to comply with the conditions imposed by the City Commission. the violator shall
thereafter be barred from applying for a subsequent reduction or forgiveness of the lien for a period
of one (l) year from the date of denial. During the one-year period. the lien may only be satisfied
and released upon full payment of the fine or penalty imposed in accordance with this Chapter.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs
Ordinance No. 2001-62
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, ;in u regular
meeting assembled on the 14th day of January ,2002. '
, l fl-.l
(;t:~u
PAULP.PARTYKA U-
Mayor
ZO-LUACES
Approved as to legal form and sufficiency for
the. f Winter Springs only
Anthony A. Garganese, City Attorney
First Reading: December 10, 2001
Second Reading: January 14, 2002
Effective Date: January 14, 2002
City of Winter Springs
Ordinance No. 2001-62
Page 5 of 5
ATTACHMENT B
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UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING .f
JUNE 18,2002 r)y
CALL TO ORDER
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I.
Chairperson Joanne Krebs called the Regular Meeting to order at 7:01 p.m. on Tuesday,
June 18,2002, in the Commission Chambers of the Municipal Building (City Hall, 1126
East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairperson Joanne Krebs, present
Vice Chairperson Lurene Lyzen, present
Board Member Ken Furth, present
Board Member James B. Pitts, present
Board Member Greg Roero, absent
Board Member Greg Thompson, present
Board Member Mervin Warner, present
The Pledge of Allegiance followed.
Chairperson Joanne Krebs asked if there would be any Agenda changes and Ms. C.
Jimette Cook, Code Enforcement Manager, Code Enforcement Division, Community
Development Department advised the Board that Case CEB 02-00417 is being added to
tonight's Agenda, which will be heard in addition to Agenda Item "D" and "E". Ms.
Cook distributed new "Finding Of Fact" and "Relief Orders" and spoke briefly of the
changes between the old and the new forms.
Chairperson Krebs said, "I was going to entertain a Motion to accept these as our new
'Finding Of Facts' And 'Relief Orders'."
MOTION BY BOARD MEMBER FURTH. "SO MOVED." SECONDED BY
BOARD MEMBER PITTS. DISCUSSION.
VOTE:
BOARD MEMBER FURTH: AYE
BOARD MEMBER PITTS: AYE
BOARD MEMBER WARNER: AYE
CHAIRPERSON KREBS: AYE
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER THOMPSON: AYE
MOTION CARRIED.
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18.2002
PAGE 2 OF 12
II. CONSENT
CONSENT
A. Approval Of The May 21, 2002 Regular Meeting Minutes.
Chairperson Krebs requested a Motion to approve the Minutes.
"SO MOVED." MOTION BY VICE CHAIRPERSON LYZEN. SECONDED BY
BOARD MEMBER PITTS. DISCUSSION.
VOTE:
BOARD MEMBER THOMPSON: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER PITTS: AYE
BOARD MEMBER WARNER: AYE
BOARD MEMBER FURTH: AYE
VICE CHAIRPERSON LYZEN: AYE
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING CASE WAS ADDED TO THE
AGENDA AND DISCUSSED AT THIS MEETING. .:..:.
III. REGULAR
ADD-ON
REGULAR
CASE #CEB-02-0000417
Ms. Cook entered into the record "The Statement of Violation and Notice of Hearing" for
"Sunstate Trees and Chelsea Pare Homeowner's Association which is the property
owner". Ms. Cook stated further, "We have the green card back for Sunstate and
although we don't have the return green card from Chelsea Pare that they are represented
here this evening." Ms. Cook clarified the violation and location; and spoke of the past
citations given to Sunstate Trees which were entered into the record.
Deputy City Clerk, Debbie Gillepsie, swore in those persons who may be providing
testimony during the presentation of tonight's case.
Mr. Michael Mingea, Environmental Inspector/City Forester, Code Enforcement
Division, Community Development Department was asked by Ms. Cook whether he had
met with representatives of Chelsea Parc Homeowner's Association to discuss the
requirements for tree removal; if Chelsea Parc Homeowner's Association had "Pulled a
Permit"; and whether he observed tree removal from the common area of Chelsea Pare.
Mr. Mingea responded affirmatively and explained that when he saw the tree being
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18,2002
PAGE 3 OF 12
removed he stopped and asked the "Sunstate representative - for his Arbor Permit, he
was unable to produce and asked him to call the office." Mr. Mingea requested a meeting
with the company and prior to leaving the area he measured the tree which was sixteen
inches (16") in diameter.
Ms. Cook said, "We are bringing this to the Board in leu of another citation. We - feel a
citation is a warning - but it does not seem to do the job and it would be another $300.00
to do the cost of doing business, We have cited Sunstate [Trees] four (4) times with
citations, another time with warnings, and here is this other time. I just don't feel that a
citation would - do any good here. I think we need a stiffer penalty. The Homeowner's
Association must share in some of this blame. They were aware that a permit needed to
be applied for and obtained. Sunstate [Trees] was aware that a permit needed to be
applied for and obtained."
Ms Cindy Cox, 1421 Creekside Circle, Winter Springs, Florida: spoke of being a new
member of the Chelsea Parc Homeowner's Association Board; acknowledged that a
permit was needed; and was told by Sunstate Trees that they would get the permit.
Brief discussion.
Mr. Angelo Sparteri, 264 West State Road 434, Longwood, Florida: as an agent of
Sunstate Trees he spoke of his company assisting homeowners with the application for
the permit, but that the homeowners are responsible for obtaining the permit and payment
of fees.
Chairperson Krebs asked, "Your people are out there, they have no permit but are cutting
down a tree. How is that possible?" Mr. Sparteri replied, "That was incorrect. Because
of it's not being a horne, I guess not knowing that - he' could verify - calling up - to see if
there was one - probably would have been the way to go." Chairperson Krebs said, "But
you are doing business, you are the one who is supposed to know whether or not there is
a permit. And if you don't have one in your hand, you don't cut a tree." "Yes ma'am.
That's absolutely true," said Mr. Sparteri.
Tape l/Side B
Further discussion.
REVISED FINDING OF FACT:
"IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA PARC
HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER
CEB 02-0000417, THE CODE ENFORCEMENT BOARD HAS READ THE
COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY
THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN
TESTIMONY OF THE CODE INSPECTOR AND OTHER SWORN WITNESSES
AND/OR VIOLATORS.
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18,2002
PAGE 4 OF 12
BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS
HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND:
(1) THAT CHELSEA PARC HOMEOWNER'S ASSOCIATION WAS
PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE
CITY CODE THAT A VIOLATION OF CHAPTER 5 OF THE CITY CODE
EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED A
REASONABLE TIME TO CORRECT SAID VIOLATION;
(2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH
VIOLATION WITHIN THE TIME PROVIDED IN THE NOTICE OF
VIOLATION;
(3) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE
WITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING
BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE
VIOLATORS WERE PRESENT AT THIS HEARING; AND
(4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST PRIOR
TO INSPECTION UPON THE VIOLATOR'S PROPERTY AS OF THIS
HEARING.
I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED
IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY
BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER WARNER.
DISCUSSION.
VOTE:
VICE CHAIRPERSON LYZEN: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER WARNER: AYE
BOARD MEMBER THOMPSON: AYE
BOARD MEMBER PITTS: AYE
MOTION CARRIED.
RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA PARC
HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER
CEB-02-0000417, HAVING BEEN FOUND TO BE IN VIOLATION OF -
CHAPTER 5 OF THE CITY CODE, I MOVE THAT THE VIOLATORS BE
GIVEN NINETY (90) DAYS AFTER NOTIFICATION TO CORRECT THIS
VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED
WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY
DOLLARS ($250.00) WILL BE IMPOSED, PER VIOLATION UNTIL
COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT
INSPECTOR FOR THE CITY OF WINTER SPRINGS.
UliAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18.2002
PAGE 5 OF 12
FURTHERMORE, ANY OR ALL FUTURE RECURRENCES OF THIS
VIOLATION UPON COMPLIANCE HAS BEEN ACHIEVED WILL
NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE
ENFORCEMENT BOARD WITHOUT NECESSARIL Y GIVING THE
VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE
FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF FIVE
HUNDRED DOLLARS ($500.00) PER DAY, PER VIOLATION BEGINNING ON
THE FIRST DAY THE VIOLATION IS FOUND TO EXIST.
AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME
PROVIDED ABOVE, THE CLERK OF THE CODE ENFORCEMENT BOARD
SHALL BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER
INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA. THE
VIOLATOR BEING PRESENT AT THIS HEARING AND HAS HEARD THE
ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE
DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER
IMMEDIATEL Y." MOTION BY BOARD MEMBER FURTH. SECONDED.
DISCUSSION.
VOTE:
BOARD MEMBER WARNER: AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER THOMPSON: AYE
BOARD MEMBER PITTS: AYE
VICE CHAIRPERSON LYZEN: AYE
CHAIRPERSON KREBS: AYE
MOTION CARRIED.
REVISED FINDING OF FACT:
"IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES,
CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, THE CODE
ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE
WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND
HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE
INSPECTOR AND WITNESSES AND VIOLATORS.
BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS
HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND:
(1) THE VIOLATORS SUNSTATE TREES WAS PROVIDED NOTICE IN
ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A
VIOLATION OF CHAPTER - 5 [NO ARBOR PERMIT] OF THE CITY
CODE EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED
A REASONABLE TIME TO CORRECT SAID VIOLATION;
UNAPPROVED
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18.2002
PAGE 6 OF 12
(2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH
VIOLATION WITHIN THE TIME PROVIDED IN THE - OF
VIOLA TIONS;
(3) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE
WITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING
BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE
VIOLATOR WAS PRESENT AT THIS HEARING; AND
(4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON
THE VIOLATOR'S PROPERTY AS OF THIS HEARING.
I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED
IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY
BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON LYZEN.
DISCUSSION.
VICE CHAIRPERSON LYZEN REQUESTED THAT FOLLOWING CHAPTER
5, [NO ARBOR PERMIT] BE SUBMITTED. BOARD MEMBER PITTS
AGREED.
VOTE:
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER THOMPSON: AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER PITTS: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER WARNER: AYE
MOTION CARRIED.
Brief discussion.
REVISED RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES,
INC., CODE ENFORCEMENT BOARD NUMBER CEB-02-0000-417, THE
VIOLATOR, SUNSTATE TREE, INC., HAVE BEEN FOUND TO BE IN
VIOLATION OF - SECTION 5 [NO ARBOR PERMIT] OF THE CITY CODE. I
MOVE THAT VIOLATORS BE FINED $1,000.00 PER VIOLATION, SAID FINE
SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS
ORDER. FURTHER ANY OR ALL FUTURE RECURRENCES AFTER
COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER
PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT
NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT
THE VIOLATION. FINALLY, AS -THE VIOLATOR IS PRESENT AT THIS
HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER
MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED
lfNAPPROYED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18,2002
PAGE 7 OF 12
NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD
MEMBER PITTS. BOARD MEMBER PITTS WAS ASKED TO REST ATE THE
COMPANY'S NAME AND A TIME FOR THE FINE TO BE PAID. BOARD
MEMBER PITTS SAID, "SUNSTATE TREES, INC." AND ADDED, "SAID FINE
SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS
ORDER." SECONDED.
VOTE:
CHAIRPERSON KREBS: AYE
BOARD MEMBER WARNER: AYE
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER THOMPSON: AYE
BOARD MEMBER PITTS: AYE
BOARD MEMBER FURTH: AYE
MOTION CARRIED.
Ms. Cook responded to questions from Mr. Sparteri regarding Ordinance 2002-08 and
donating the fine to the Tree Bank Program.
Chairperson Krebs recessed the Meeting at 8:20 p.m.
Chairperson Krebs reconvened the Meeting at 8:24 p.m.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD
IN THE FOLLOWING ORDER. .:..:.
D. CASE #CEB-99-818
Orange Avenue
Chanh Q. Nguyen
Reduction/Satisfaction Of Lien
Ms. Cook introduced this case, and provided for the record an application for
"Satisfaction Or Release Of Code Enforcement Lien"; read portions of the application to
the Board Members; and spoke of the history of this case.
Discussion.
Mr. George B. Wallace, Esquire, P.A., 700 West First Street, Sanford, Florida:
addressed the Board and stated, "- advice from an individual- up until October when he
brought it to my office. He has worked diligently with me and with City Staff to fix it -
once somebody wasn't giving him poor advice. Mr. Nguyen doesn't speak really clear
English but he is certainly able to answer your question."
Tape 2/Side A
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MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18.2002
PAGE 8 OF 12
Also Mr. Wallace asked that "Ms. Cook will indicate that Mr. Nguyen himself has
always tried to be cooperative - pleasant - not belligerent, and not antagonistic with the
City. "
Ms. Cook acknowledged that Mr. Nguyen has been "Very cooperative" and that she
encouraged him to hire an attorney. Ms. Cook also said, "I do believe that he was lead
astray. On the other hand, I believe he let himself be lead astray and I don't believe a
total satisfaction of this lien is called for here."
The Board asked if foreclosure proceedings had begun and Ms. Cook responded, "No
formal action has been filed at this time."
Mr. Wallace said, "We ask fora forgiveness because since I have been retained Mr.
Nguyen has done pretty much everything he could as quick as a pace as he could to try to
get this matter straightened out and - if the Board feels an absolute forgiveness is not
appropriate because of the length of time and other factors - then we would ask the Board
amend our affidavit to ask for a reasonable fine amount that Mr. Nguyen might have
some capability of satisfying."
Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida: stated "I do aware
that I had the fine and violation"; was told by the person that created the problem that the
mulch had been removed; and explained his confusion about actions taken by the City of
Winter Springs and Seminole County.
Discussion.
The present condition of the property and possible costs to the City were discussed. In
. response Ms. Cook said, "The property owner is petitioning you for a reduction. My
opinion would be the property owner should supply you with that information. I am not
going to try his case for him." Discussion.
CHAIRPERSON KREBS SAID, "I MAKE A RECOMMENDATION THAT THIS
- IN THE CASE OF CEB-99-818 - A REDUCTION TO THE FINE IN THE
AMOUNT .' OF TWENTY THOUSAND DOLLARS ($20,000.00) FOR MR.
NGUYEN AND HAVE THE CITY - ARRANGE FOR A PAYMENT PLAN."
MS. COOK SAID, "THE REDUCTION TO TWENTY THOUSAND (20,000.00)
NOT UP TO TWENTY THOUSAND?" CHAIRPERSON KREBS THEN
REPLIED, "A REDUCTION TO TWENTY THOUSAND DOLLARS ($20,000.00)
- FROM ONE HUNDRED EIGHTY-SEVEN THOUSAND (187,000.00) AND
CHANGE." SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18,2002
PAGE 9 OF 12
VOTE:
BOARD MEMBER THOMPSON: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER PITTS: AYE
BOARD MEMBER WARNER: AYE
BOARD MEMBER FURTH: AYE
VICE CHAIRPERSON LYZEN: AYE
MOTION CARRIED.
Chairperson Krebs recessed the Meeting at 9: 16 p. m.
The Meeting reconvened at 9:23 p.m.
Tape 2/Side B
E. CASE #CEB-02-330
701 State Road 434
AVA Anthony Corporation
Reduction/Satisfaction Of Lien
Ms. Cook addressed the Board regarding this case and read into the record a
Memorandum "Constituting a supplement to the Phelopateer's application for Release or
Satisfaction of Code Enforcement Lien".
Mr. Aaron Goravitz, Lowndes, Drosdick, Doster, Kantor, & Reed, P.A., 215 North Ecola
Drive, Orlando, Florida: spoke of his client's [Kamil Gowni, Phelopateer, LLC]
participation, litigation, and difficulties in his attempt to develop the property; and asked
for "A reasonable reduction under the circumstances."
Mr. Goravitz was asked if a gas station is still in the plans for the property. Mr. Goravitz
replied, "Right now we have the opportunity to file a Vested Rights case against the City
and trying to get a gas station built. That is our absolute last resort if we can work out
these code enforcement issues and do a different plan of sort. I don't expect that we
would build a gas station but there is no firm plan in place with respect to what we are
going to do."
Discussion ensued regarding the City's request for an opaque fence; past communications
with AVA Anthony; possible Vested Rights litigation; the "Relief Order" stipulations;
and the date of compliance.
Mr. Goravitz said, "We could stipulate as part of a settlement here that we wouldn't
pursue the Vested Rights claim." Additionally Mr. Goravitz stated, "I just spoke to Mr.
Gowni and if there was a recommendation for a nominal fine which goes to the City
Council as part as any final documentation with the City Council we would agree not to
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CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18.2002
PAGE 10 OF 12
file the Vested Rights suit and just kind of live with the Code and get on and start
developing." Brief discussion.
Ms. Cook suggested, "The City might ask that in making a recommendation, you include
a provision that the property, at least for mowing, be maintained on a regular basis now
that the Attorney has eluded that money is coming in and they might be able to do that if
it is overgrown again." Discussion
City Manager Ronald W. McLemore arrived at 10:09 p.m.
Chairperson Krebs briefed the City Manager on the offer regarding possible litigation
regarding Vested Rights and whether the offer would benefit the City.
Tape 3/ Side A
Manager McLemore spoke of the City's likelihood of winning the litigation and stated.
"It's probably fiftylfifty (SalSa), so there is some exposure to the City from a financial
prospective if that litigation is pursued. So there is a value for that going away. The flip
side of that is that the City has had a lot of cost and aggravation and still - piece of
property. The current owner did in fact come forward to try to do something with that
property, clean it up because of a decision of the City Commission, I was unable to do
that. So, the best I can advise you is, yes there's something of value and I would think
something of substantial value to that litigation, potentially going away."
Manager McLemore departed the Meeting at approximately 10: 17 p.m.
Discussion ensued regarding possible reduction figures; costs to the City involving this
case; possible stipulations to the reduction; and how long before the property will be
"Cleaned up". Mr. Goravitz said, "We'll mow it within seven (7) days and..."
MOTION BY BOARD MEMBER FURTH. "I MAKE A MOTION THAT UNDER
CEB-02-300, 701 STATE ROAD 434, AVA ANTHONY CORPORATION, THEIR
REQUEST FOR REDUCTION/SATISFACTION OF LIEN. I RECOMMEND
THAT - I MAKE A MOTION THAT WE SET A FINE OF TEN THOUSAND
DOLLARS ($10,000.00) WITH A PAYMENT PLAN AS ARRANGED BY THE
CITY WITH AVA ANTHONY, OR THE NEW COMPANY PHELOPATEER
MAINT AIN THE PROPERTY PER ORDINANCE WHILE WAITING FOR
CONSTRUCTION TO START. WAIVE VESTED RIGHTS SUIT, DEVELOP
THE PROPERTY IN ACCORDANCE WITH CURRENT WINTER SPRINGS
CODES AND ORDINANCES." SECONDED BY BOARD MEMBER WARNER.
DISCUSSION.
BOARD MEMBER FURTH SAID, "I CHANGE MY MOTION TO
MAINTENANCE ACCEPTABLE TO THE CITY."
U!~1PPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18,2002
PAGE II OF 12
VOTE:
VICE CHAIRPERSON LYZEN: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER WARNER: AYE
BOARD MEMBER THOMPSON: AYE
BOARD MEMBER PITTS: AYE
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED
AT THIS MEETING. .:..:.
REGULAR
A. CASE #CEB-02-316
633 Dolphin Road .
Anthony M. & Nancy E. Pandolfi
Chapter 5 (No Arbor Permit)
B. CASE #CEB-02-324
216 Charles Street
Maria & George Ward
Chapter 5 (No Arbor Permit)
C. CASE #CEB-02-330
118 Moss Road
Cesar M. & Romonita Wilson
Section 20-433. (Disabled And Unlicensed Motor Vehicle)
IV. FUTURE AGENDA ITEMS
The Board requested that "Swearing In Of Witnesses" be added to future Agendas and
the placement of brackets in the "Finding of Fact" and "Relief Orders".
V. REPORTS
None.
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JUNE 18.2002
PAGE 12 OF 12
VI. ADJOURNMENT
Chairperson Krebs adjoumed the Meeting at 10:34 p.m.
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK
\City Clerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\061802 REGULAR.doc
NOTE: These Minutes were approved at the
.2002 Code Enforcement Board Meeting.
ATTACHMENT C
~\
Jt.tl-12-2Gq2 :0: 01
CITY OF WINTER SPRLl'\GS, FLORIDA
APr!LICA nON FORSATlSlIACTlON OR IU:LIi.ASI;
OF COUE rNl'ORCE.'tENT LIEN
CODE ENFORcr...l\,{E~...r CAS}; IS: q q - 8 113 APPLICA nON FEE: S
APPLICANT: C h i'I n h Q. N g \l ~ DATE:
ADDRESS: L. L. () q S t p p rl T p (" r ar p
Gl151o)J
CITY: \" i n t p r P::I r k
STATE: Fl or; n::l
ZIP: 1 ? 7 q ?
NA TIlRE OF VIOLA TION(S): -5..t.o.r:.:=!. ep 0 f h r 11 ~ h ::I n n n P- b.r:.i ~
ADDRBSSOFSUI3JECTPROPERTI':Qr::lnep A~lLP I Wi ntpr Spri nes .JL 32708
DATE FTNEILIEN IMPOSED: () 4 / 1 () / ? () () () AMOUNT: -$. ? <i 0 () () @X1R1Q.IiQ.x
COMPUt\NCE DATE: ..ap.p.r..o y () 1 / 15/2002
RELW REQUESTED:(SA nSF ACTIO~I3f.R~\()~ (Circle one) IF REDUCTION. TIiE APPLlCAl-.'T
. .
PROPOSES S AS THE AMOUNT Ot: THE lUiDUCED FTNE.
mE FAcruAL BASIS UPON WHlCH TW!. VIOLATOR BELIEVES TInS APPUCA110~ SHOULD [IE
GRANI"ED:([[=espatCis\1ccd~:ll1daddidonalpeges} .,I, . d 1. d not 11 n n p r ~ t::l n cI t h:=! t
. I
the violation action hy thf' ~ity'~fW;ntPr ~rrings
was s e par ate and a par t . fro m t h p v; 01 ::I t ; 0 n .-a.c..t.i.o..D-( Con t ' d )
TERMSORCONDlTIONS TO BE IMPOSED UI'O!'l AI'PL(CA!':ITSHQt;WnIE APPl..JCATIONBE GR.o\NTIID:
(If morc sp8lX is na:-.krl add additional pagl:S) Non e
mE REASONS. IF A}.;'Y. WHY TIlE APPUCA,'\"l'DID NOT BRING TIlE suen:':CT PROPERTY [!.no
COMPLlA...NCE PRIOR TO nIE ORDl?R OF PEN~L "TY OR FINE BEING U..n>oSE!J AND RECORDED: (If mote
splICe is P<<r<1td add ;lIlditiol\3l p~s) I did not 11 n cl r r B J: a Jl fI t h ::I t t h p
vi 0 1 a ti..Q..n act ion h y t h p ~ i t y' 0 f Win t p r S r r i n g ~ IJ R S ( Con t ' d )
\.. :'$ . AlN ADDmONAL FACTS OR (NFORMAnO~ THE APPLlCA..I\'T DEEMS PER-TINEXl' TO THE REQUEST.
r.\rCLt,,'DING BCTNOTUMlTEDTO. TIlEciRCUMST ANCES niATIDaSTWIDCfI YlOU{.J) W ARRA l\'T THE
REDUcnO~ OR SATiSFACTION Of PENALTY OR FINE: (lllllOfe space is nl>>1.od add additional p:111~1
One of the reaS9n~ I~.j1:=!d the m::lt'pri,::I1R hrolleht to
:he~~::nn"J Sft;); i' ope
Ap(lli.:ant's Sig:namre . . . .
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ST ATE OF F lor .:i .d.a.....-
. COUNrY OF S e m ~ no .L ~_
" Dl!POIU!.ME~cUDJico,rsi~~rthoritydid~'appc:ar Chanh' Q. N.z~who
pravllkd FL Dr. vet's L. c -enS ouu; IdcntItlcadon..and wblllflCt'bc:ing v1w: llDdcTo.-un. swore or
;Ufinncd the infomutloa conlAil1.l:ll within this owUcatloR is ttuc and ooncct. .
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by Seminole County. I was under the impression that once Seminole County was satisfied
everything was done. Throughout this process I was receiving "help" from the person who
sold me the property. Only his "help" was not resolving the situation. When it came to my
attention that this was not the case I retained Mr. George Wallace and with his assistance
found out what needed to be done and complied. .
separate and apart from the violation action by Seminole County. I was under the
impression that once Seminole County was satisfied everything was done. Due to my lack
of understanding the entire situation, I failed~to appear at the Code Enforcement hearing.
The person who sold me the property was attempting to assist me in resolving this matter,
but his knowledge was as limited as mine. I retained Mr. George Wallace and he met with
the attorney for the City of Winter Springs at the site, found out what needed to be done
and then notified me. At that point, I then complied.
. a pond on the South side of the property. I was under the impression that the City of Winter
Springs ~new that this was my intention and that it met with their approval.
ATTACHMENTD
GEORGE B. WALLACE, ESQ., P.A
ATTORNEY AT LAW
700 W. FIRST STREET
SANFORD, FLORIDA 32771
(407) 323-3660 FAX (407) 323-2475
May 21,2002
Ms. Jimmett Cook
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
Re: Application for Elimination of fines imposed upon property owned by Chanh
Nguyen, Case No. 99-818
Dear Ms. Cook:
My client's property is located one-half in Seminole County and one-half in Winter
Springs city limits. Sometime around the end of 1998, he had materials brought to the
property for the twofold purpose of: (1) repairing a seriously eroded slope of a pond on
the south side of the property and (2) to generate a small amount of revenue from the
property.
Seminole County Code Enforcement took exception to the mulch that was being
stockpiled on their side and required that it be spread out immediately, which he did. The
county waved any fines which would have been charged to him and he thought everything
had been handled.
Unfonunately Mr. Nguyen did not realize that the code violation action brought by
the City of Winter Springs was separate and apan from the code violation action brought
by Seminole County. Due to this misunderstanding, he failed to appear at the code
enforcement hearing and, as a result, violation was found and fines imposed. He was
under the impression that the city knew his intentions were to fill a ponion of the pond
located on the property and that these intentions complied with the City of Winter Springs
codes. Many months passed before he understood that fines were accruing and that many
thousands of dollars had accrued already.
He now had fines, a pond with a still unfinished slope, and a big problem with little
understanding of how to resolve it. He had also been depending on help from the person
he purchased the property from Mr. James Meade. Unfonunately for my client, Mr.
Meade's knowledge of how to handle the growing situation was not as great as my client
thought. Mr. Nguyen came in for a consultation, where he informed me of the situation.
Once I was retained I set up an appointment to meet the City's attorney out at the property
to figure out exactly what needed to be done. I then contacted my client to forward this
......... ','
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information to him and he acted immediately to resolve the situation (sometime around
March 15, 2002).
i 1
We are respectfully requesting that you eliminate the fines against my client's
property. Had he completely understood what was taking place from the beginning and
not been "steered" in the wrong direction from the previous owner of the property, 'he
would have immediately taken whatever actions were necessary to resolve the situation.
Mr. Nguyen can assure the City that no future violations will occur. A copy of the
Affidavit of Compliance executed by you is provided herewith.
Very truly yours,
GEORGE B. WALLACE, ESQ., P.A.
~~
George B. Wallace, Esquire
GBW/alx
copy: Chanh Nguyen
I.. ~
ATTACHMENT E
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ATTACHMENT F
.
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04221 PG 1807
CLERK'S ~ 2001779026
RECORDED 11/16/2001 02:13:01 PM
RECORDING FEES 6.00
CODE ENFORCEMENT BOARD OIRttl1f{jffiD BY L McKinley
CITY OF WINTER SPRINGS, FLORIDA
. . .... ,. ". II U'" II' ""' II 111111111111111111111/11111/ 11111
~City of Winter Springs
Petitioner,
Complaint No. CEB-99-818
v. Chanh Q. & Ngan N. Nguyen
4409 Steed Terrace
Winter Park, FL 32792
Respondent.
ORDER IMPOSING PENALTYILIEN
THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on
January 18,2000, after due notice to Respondent, at which the Board heard testimony under oath,
received evidence, and issued its Finding of Fact and Conclusions of Law and thereupon issued oral ~
= ::0 C/)
Order which was reduced to writing. g .~~
Said Order required Respondent to take certain corrective action by April 9,2000, as more ~- ~-<-
. . ") '::J 0
speCifically set forth In that Order. " ,.., r-
An Affidavit of Non-Compliance, bearing the date of April 10,2000 has been filed with the Board b/:~
the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective acti-@n ::::g
was not taken as ordered. ::;::. i~j ~
ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of;.:... ~;:;:<
$250.00 per day in reference to the property that exists at the (Orange Avenue) West one-half (1/2) of ;~~
Lot 15 of the D. R. Mitchell survey of the Levy Grant in the City of Winter Springs described as:
LEG WEST (VI) OF LOT IS
BLOCK B, D. R. MITCHELLS
SURVEY OF THE LEVY GRANT
PARCEL 26-20-30-5AR-OBOO-0150
PB 1 PAGE 5, OF SEMINOLE COUNTY
OWNED BY CHANH Q. & NGAN N. NGUYEN
4409 STEED TERRACE, WINTER PARK, FL 32792
This Order if recorded in the public records shaii constitute a lien against the above described
property and any other real or personal property of the Respondent, pursuant of Section 162.08 and
Section 162.09 of Florida Statute~
DONE AND ORDER this ;\.) I~ day of *~
Seminole County, Florida.
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. ATTACHMENT G
MEMORANDUM
DATE:
June 27, 2001
TO:
Ron McLemore, City Manager
THROUGH:
Charles Carrington, Community D~velopment Director
FROM:
Jimette Cook, Code Enforcement Manager
RE:
Foreclosure recommendation
On June 19,2001, the Code Enforcement Board recommended foreclosure on an undeveloped parcel
located behind Winter Springs High School. There is an outstanding Code Enforcement lien on the
property in excess of $100,000. The property was annexed into the City several years ago at the request of
the owner, but was never assigned a zoning classification. There is an abandoned borrow pit on the
property that occupies most of the parcel. The parcel is located on the east side of Central Winds Park.
The Department of Environmental Protection, the St. John's River Management District, and other local
and state agencies have been concerned about environmental issues oil this property for some time.
I am requesting that we move quickly to ascertain if foreclosure is in the City and the community's best
interest, and if so, promptly begin proceedings.
ATTACHMENT H
Information to be provided by attorney's Staff
prior to meeting