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2014 05 12 Regular 602 1125 Ermine Ave. Lien Reduction COMMISSION AGENDA Informational Consent ITEM 602 Public Hearings g Regular X May 12, 2014 KL RS Regular Meeting City Manager Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Johann Von Eisenberg for a reduction (partial release) of a Code Enforcement lien on property located at 1125 Ermine Avenue. SYNOPSIS: As of April 10, 2014, the Code Enforcement Division has a lien on the subject property in the amount of $94,000.00. In addition, there is a past due utility bill in the amount of 115.74 and a grass cutting lien for $76.71. The total lien amount is $94,192.45. The case for lien reduction was presented to the Code Enforcement Board on April 22, 2014. The Code Enforcement Board and the City Staff are recommending a partial release of lien to accommodate a short sale which is pending on the subject property under certain terms and conditions to at least recover the City's costs of $1,296.00, and an additional amount in the unlikely event the seller is entitled to receive any net proceeds from the short sale of the property. CONSIDERATIONS: The violations on the subject property were first presented to the Code Enforcement Board (Board) on November 20, 2012 and the Board issued an Order Imposing Penalty on First Violation stipulating a fine of $200.00 per day until the violation was corrected and full compliance was confirmed by the Code Enforcement Officer. The owner was given until December 20, 2012 to correct the violations and avoid the fine. The owners of record at the time of the violation were John and Michelle Wess. Regular 602 PAGE 1 OF 4- May 12,2014 The subject property is currently the object of a short sale. The prospective owner has placed an offer on the property but cannot secure a mortgage without reduction of the lien. If granted, the reduction of the lien would enable the prospective purchaser, Johann Von Eisenberg, to purchase and homestead the property. An affidavit of Compliance was issued on the subject property on April 3, 2014 wherein the Code Enforcement Officer found the property to be in compliance. Staff has engaged in further review of this requests based upon several factors: • The prospective owner is not the original violator • The prospective owner proposes to homestead the property. • The current lien is preventing the sale and occupancy of the property. At the Code Enforcement Board meeting of April; 22, 2014, the Board considered the request for lien reduction and recommended that the lien be partially reduced to $1,296.00 which represents the City's costs (both direct and indirect) of administering the lien. The Board attached four(4) conditions to their recommendation: 1. The property be homesteaded by the buyer. 2. The property be maintained appropriately until such time that the closing continues. 3. That the property continues to remain code compliant. 4. The sale takes place within sixty (60) days of any final action by the City Commission. If not, the Board's recommendation is rescinded. At the Code Enforcement Board meeting of April 22, 2014, the total amount of the lien was mistakenly represented as $172,992.42. Staff has determined that the actual total of the lien is $94,192.45. All other aspects of the lien reduction request remain, as detailed in this agenda item. The applicant has thirty (30) days to pay the reduced lien amount after action of the City Commission, assuming the Commission grants the reduction. If the reduced amount is not paid within 30 days, the applicant has to wait a year before they can apply for a reduction. The partial release will be executed and conveyed under the condition that the short sale actually occur within thirty days unless the City Manager grants an extension for good cause. The City will advise the short sale closing agent, by written estoppel letter, that the City will provide the executed partial release at closing under the following payoff schedule: 1. Upon the short sale closing, a check made payable to the City of Winter Springs in the minimum amount of$1,296.00. 2. Subject to the City's receipt of the final short sale closing statement verified by the closing agent, any net proceeds due the Seller (violator) shall be paid to the City of Winter Springs up to the total amount owed on the lien of$94,192.43. It is very unlikely, but if the total amount of the lien is paid, a full release will be executed and provided by the City. 3. The partial release offer shall expire within thirty (30) days of the date of the City's written estoppel letter unless the City Manager agrees to extend the estoppel letter, in writing, to accommodate a delay in the short sale for good cause shown. Regular 602 PAGE 2 OF 4- May 12,2014 FISCAL IMPACT: The City should receive a minimum of$1,296.00 for the partial release of lien. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department and the Code Enforcement Division of the Police Department recommends that the City Commission approve a partial release of code enforcement lien under the following terms and conditions: The City Manager or his designee will deliver to the short sale closing agent, a written closing estoppel letter that provides that the City agrees to execute and deliver a partial release of lien at closing under the following payoff schedule: 1. Upon the short sale closing, a check made payable to the City of Winter Springs in the minimum amount of$1,296.00 shall be delivered to the City. 2. Subject to the City's receipt of the final short sale closing statement verified by the closing agent, any net proceeds due the Seller (violator) shall be paid to the City of Winter Springs up to the total amount owed on the lien of$94,192.43. It is very unlikely, but if the total amount of the lien is paid, a full release will be executed and provided by the City. 3. The partial release offer shall expire within thirty (30) days of the date of the City's written estoppel letter unless the City Manager agrees to extend, in writing, the estoppel letter to accommodate a delay in the short sale for good cause shown. 4. The property be homesteaded by the buyer. 5. The property continues to remain code compliant. Regular 602 PAGE 3 OF 4- May 12,2014 ATTACHMENTS: Lien Reduction Application Package Regular 602 PAGE 4 OF 4- May 12,2014 CITY OF WINTER SPRINGS • 1126 East State Road 434 Phone: Springs,Florida 07327 1 800 Ext. 304 1959 www.winter5pringsfi.org Application For PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN Case Number: Mate Applirotion Received: Received By: Mate Lien Payment Received: Lien Payment Amount: Received By: Mule Brought Inlo Compliance: Compliance Verified By: All information fields must be completed before this application can be processed. Requests are not accepted until the application has been reviewed for completeness and all application criteria have been met. You are required to Read the Procedure for Lien Reduction or Release attached to this application prior to submitting your petition. 1. CONTACT INFORMATION: Aant's a e: 7 ~ E pr sentative's Name. D (Nailing Address: 02-2- Cit : State: zip: Phone: 7 E-Mail: - 5 '►' V 1lV_� 2 f ] r1 2. LIEN INFORMATION: v—e cz_L f Corp D v•7 Lien Address: Parcel IM#: 1 ! 2 ]RMl F_ Kve . Has the Applicant previously applied for lien reduction for this property? YES NO l If Yes,When? Owner of lien Address when lien was placed: John Wess Current owner of Lien Address: John Wess - contract to sell to applicant is pending Current owner's relationship or affiliation with entity/person named in the lien: same person Other property located in the City of Winter Springs belonging to the current owner: none _ Page 1 Petition for Reduction or Release of Code Enforcement Lien Rev.10-29-13 3. REQUEST: E ! TOTAL M1 DATE ORBOOK ORPAOE AMOUNT r k $ $ $ Please attach a copy of the Order imposing a lien upon the property(must be included for your opplicotion to he considered) 4. PLEASE STATE THE REASONS, IF ANY,COMPLIANCE WAS NOT OBTAINED PRIOR TO THE RECORDING OF THE ORDER IMPOSING THE FINE: (atloch additional sheets if necessary) Seller got Divorced, lost job, could not afford and finally had to move out. 5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITION FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE:(atta(h additional'sheets if necessary} .i 'SA we- I D n L up v) G cc ' f - +L 15" x U) r) e ' v Gr 0 " e V---, L 10 , A t-1'4Lr—T1 �� f) V 0-�f 64 u Q .1 = SSA CAR D Page Petition For Reduction or Release of Code Enforcement Lien Rev.10-2&13 3 tinue C _d, y q-ok Under the penalty of perjury,the undersigned(s): ❖ Swears or affirms that the information provided on this Application for Petition for Reduction or Release of Code Enforcement lien is true and correct; 40 Acknowledges that he/she has read the Procedure for Lien Reduction or Release;and "*• Further acknowledges that he/she was given an opportunity to ask questions regarding the Procedure for Lien Reduction or Release. r,: pplicant ig a Printed Nome STATE OF FLORIDA COUNTY OF SEMINOLE Subscribed and sworn to before me this W>h day ofnYl ,20J4- who is personally known to me or hos/hove produced satisfactory photo identification. r Type of Photo Identification: 'to�ridrti�� sr5 ]+ ale , W tS41)wt`. a Signature of Notary Puilk Printed Nome of Notary Notary Stamp ,,�►Ot11i11111 • �es 0 ., ��rj, •'•e��T •'• ,' OF do dw = My.Comm.Expires 0 December 1G,aQi7 No.FF 75W5 _ Q itt Page 3 Petition for Reduction or Release of Code Enforcement Lien Rev.to MB PROCEDURE FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE The Winter Springs City Commission has the discretionary authority to seduce of release a lien ar fine otcordins t❑the procedure estoblished in Ordinance Sec.2-61-5. A person or entity requesting a reduction or release has no right to the reduction or release of a fine or lien. Applications will not be accepted if the Lien Address(property subject to the lien)has any active codes cases. PETITION REVIEW PROCESS Once an application is received and the$50.00 non-refundable(appli(ation fee and recording casts)is paid,the Community Development Director will confirm through the Code Enforcement Department that the violation has been brought into compliance. Next, the Community Development Director will review the application and 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 belore the Lode Enforcement Board,the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties,including but nut limited to city staff. 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: a. The gravity of the violation; b. The time in which it took the violator to come into compliance; c. The accrued amount of the code enforcement fine or lien; d. Any previous or subsequent code violations; e. Any financial hardship; f. Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; After a recommendation has been rendered by the Code Enforcement Board,the Community Development Director shall place the application for satisfaction or release of lien 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 Cade Enforcement Board, and information provided by the violator in regard to the application for satisfaction or release of lien; (9)The City Commission may approve,approve with(auditions,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 violotor paying a reduced penalty,fine,or any other condition, the satisfaction or release of lien shall not 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 opplication 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 thereofter he barred from applying for a subsequent reduction or forgiveness of the lien for a period of one (1) year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the tine or penalty imposed in accordance with this chapter. (Ord.No.2001-62,§2,1.14-02) Checklist: ❑ APPLICATION COMPLETED IN ITS ENTIRETY ❑ APPLICATION PROPERLY NOTARIZED ❑ VERIFICATION MADE OF NO ACTIVE CODE CASES AT LIEN ADDRESS ❑ COPY OF LIEN ATTACHED ❑ PHOTOS OF VIOLATIONS,PHOTOS OF COMPLIANCE ❑ SCHEDULED FOR CITY COMMISSION CONSIDERATION ON Page 4 Petition for Reduction or Release of Code Enforcement Lien Rev.10-28-13 FOR OFFICE 01 ONI r a. CASE INFORMATION Code Enforcement Case# Description of Code Violations: Date found in Violation by Code Enforcement: gate afdered by the Cade EnfarcemEnt Saard is Came Colo CamplitmEe: Date property was found in compliance by Code Enforcement: 2. CHARGES: Description Amount Total Original lien Amount S $ $ $ $ S $ S Cade Enforcement Fees $ $ $ $ $ S $ $ 3 $ TOTAL LIEN AMOUNT: $ $ Page 5 Petition for Reduction or Release of Cade Enforcement Lien Rev.10.2 9-13 Iris Freeman From: Iris Freeman Sent: Thursday, April 10, 2014 5:01 PM To: Sarah Hart Cc: _City Clerk Department; Chris Deisler; Christi Flannigan Subject: RE: 1125 Ermine Petition Attachments: 1125 Ermine Avenue.pdf See attached. The total 864 days at$200= 172,800.00+$115.74+ 76.71= 172992.45. If you have any questions or correction call me. Jaa e agreat&,ay, Iris 2:_reeman finance lltiCty Qperatwns-Nan age r Phone.'407-3275953 i eemaw C winters rirr s�nr From: Sarah Hart Sent: Thursday, April 10, 2014 2:33 PM To: Iris Freeman Cc: ,City Clerk Department; Chris Deisler; Christi Flannigan Subject: FW: 1125 Ermine Petition Iris, Please see below. Thank you kindly, Sara.v_r. ff cwt Deputy City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 (407)327-5999 (407) 327-1800 Ext.237 Main Line shart@)winterspringsfi.org From: Chris Heisler Sent:Thursday, April 10, 2014 2:26 PM To: _City Clerk Department 1 Cc: Christi Flannigan Subject: FW: 1125 Ermine Petition It is looking like this property will end up on the agenda this month. Could someone please prepare a current total of the accrued liens to date so we can present it to the Board during the meeting? Thank you. From: Michele Kelly Sent: Thursday, April 10, 2014 1:53 PM To: Chris Deisler; Christi Flannigan Cc: Randy Stevenson Subject: 1125 Ermine Petition Randy asked that I forward this to you. The applicant should be bringing in a$50 check today. AKCAWC?I "d CAP Administrative Secretary Community Development Department City of winter Springs 1126 E.SR 434 Winter Springs, FL 32708 407-327-1800 Ext.304 Fax:407-327-7556 e-mail:mkelly@wintersPrinPsfl.org ni9 narrh3 is & "au,L{. 4 �^vv.,`^ 0► „tea �,a .�yy a ULtio,. 1.1Y�W � CR 'GCC�LLI+LR,b LL.r, 2 City of Winter Springs 1126 E. State Road 434 Winter Springs, Ft 32708 Contact-Iris E. Freeman (407)327-5953 Fox-(407)327-4753 In regard to your recent inquiry researching property address: 1125 Ermine Avenue Our internal records indicate that the following amounts are currently owed as of the date of this response: 4/10/2014 Additional amounts may accrue (or be credited) subsequent to the date of this response. Further, this response should not be construed in any way to limit the City's rights under any written instrument recorded in the official records of Seminole County, Florida including but not limited to, liens, easements,tax certificates, and development agreements,or any rights to taxes,fees, and assessments collected by the Seminole County Tax Collector on behalf of the City of Winter Springs. Please check with Seminole County Tax Collector's Office Real Estate Taxes and Assessments $0.00 Utilities- Past Due Balance $115.74 Utilities-Current Balance A/C $0.00 Code Violations/Liens $172,876.71 Community Development Permits/Licenses $0.00 Total $172,992.45 *Please note: Charges above may have been incurred by previous owners andlor tenants. Additionally,subsequent payments are often tendered by other than title company. Pages faxed exclusive of fax transmittal cover sheet- 14 3. CITY OF WINTER SPRINGS, FLORIDA V . 9 1126 EAST STATE ROAD 434 WINTER SPRINGS,FLORIDA 32708-2789 TELEPHONE: 447 327-1800 FACSIMILE: (407) 327-4753 WEBSITE:www.winterspringsfl.ara CODE ENFORCEMENT HOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case t3]2-M77759 A Florida municipal corporation, JgR11AME NM, L1EAi OF CIALXIIT CWRT Complainant, SPINME CMM 1K VM Pqs 1179 - 1101 92"sf CLERKIS * 2013037653 V. -ECOINE10 U/15/M3 84129112 PM Michelle and John Wess It 11111 F'E M M56 By ,I frkttlroth(a11) l 125 Ermine Avenue Winter Springs,Florida 32708 Respondent, 1 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 November 20, 2012 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. Findines 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. Junk and Debris, 6-217. Enclosure Required, IPMC 304.2 Protective Treatment, and IPMC 304.7 Roof and Drainage exist(s) 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; 4. That based on the testimony and evidence presented,Respondent has violated the City Code,to wit: Section(s) 13-2. Junk and Debris, 6-217. Enclosure Required, IPMC 3041 Protective Treatment, and IPMC 304.7 Roof and Drainage; 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. i CITY OF WINTER SPRINGS,FLORIDA LODE ENFORCEMENT BOARD CASE NUMBER 12-00277758 NOVEMBER 20,2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until December 20,2012 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 upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of TWO HUNDRED DOLLARS ($200.00) per day until the violation(s) istare corrected and full compliance is confirmed by the Code Enforcement Officer. 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; Any fine im osed ursuant to this pamMh shall be retroactively im on November 20 Z 12: 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 1 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 111,Division 2. DONE AND ORDERED at Winter Springs,Florida,this 26d day of November 2012. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA A — C irperson Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5656 1398 Michelle and John Wess,Respondent City of Winter Springs,Case File X112-00277758 1 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 Z-70 day of _C4"e/ ,2012. Sean Beaud oard Secretary Crrlr or No= smwl pzcstm Ammm:I M-Ermkw Acre. i ccco RDUKMKW Bum, VAn er Springs,FL 32708 %titimm, V. John W4M&OHO Wens A/r��eit AY7mm Q Camn.PA m Em C> or b 3mm Lm Mona=T HC�Im l- B.S.: ?ODI Br -V*0m aocOmr Cr 'SP VKC 3K I {Y mot,?Dq.,l 8th tog, the undacaiprosd ao:thority, psronalIV ChrW Flarrdgan .. . Gads mnsps tur fbr tkw city or Waxtar springs, oho, alter b&W duly am=. dopues end urp: i. !mmt an _Nay,20 , � 301 tree Gael zmtmv mnt amd held a public hearing end lemad its Ordse In the obmm *Wlmd eattaae. Z. >ht, p wimt to said Lledar. +dmt we to k:aw raben Certain am v=Lw actin by or be 2M.20 2u12 9. ?het a ralmspwticn>ms psorloswd m&WI 3 tg14_ 4. That the raiespwtion rwoulld that the �tIve actUn ordered by tlw Ga3e ant Board has beet tdsen. 1 APFSAIrr SAYtit71 H=. thin 3 day a Aped _ � m 14 arrow ar,d befom ■e Uds dri mftry PuNk 9W@ d awidt of AQQ ON Wn#r L mkwmw +� MyCammbskmCC9r2176 Moray $� E�irr ad111170'14 C - SdMOF FLOU t A toy Comoiasim ftvlras: WSPD 117 Rev 12-11-90 City of Winter Springs Detach this portion and return with your remittance UTILITY BILL Utility Billing 1126 E. State Road 434 Wake Checks Payable to: Remit Copy Winter Springs, FL 32708 City f Winer Springs 407-327-5996 ty tUtility Due Upon Receipt Bill No. Account Nur116er Custoom 1D 601 Date Late After Preukws Balance Current Cher�s 1990857 19243 29027 09124/2013 10/15/2013 9.88 105.86 ■ • 5115.74 Changes made below are for mailing address only. Mailing Address: J City.State,Zlp: IIIIIIIIIIIIIII�I�11111111IIIItl�lll11111I I111�1111��111��111� Home Telephone: Business Telephone: JOHN WESS Email Address: MICHELLE WESS 302 HEARTH L N CASSELBERRY FL 32708 City of linter Springs UTILITY BILL Utility Billing 1126 E. State Road 434 Wake Checks Payable to: Customer Copy Winter Springs, FL 32708 City of Winter Springs Utility 407-327-5996 or Kee this portion for y our records utiIitybiIIs @winterspringsf1.org Due Upon Receipt Customer Sarvioe Address ....:........ . . .. JOHN WESS 1125 ERMINE AVENUE IMI Number Account Number Cummer 10 am Date Late After 199OB57 19243 29027 09/2412013 10/15/2013 Description Present Read Date Prwviow Read Bate Pre■tint Maw Reading 1 emvious motor Reading Usage in Gel#ms Charge PREVIOUS BALANCE 9.BB WATER 314" D911012013 08/15/2013 678050 664010 14040 26.15 SEWER 314" 53.49 GARBAGE 18.10 STORMWATER 5,50 Water Tax 2.62 Deposit Posted 100.00 Last Pay Amt Last Pay Date Current Charges Balance ■ 50.00 10107/2013 105.86 115.74 #115.74 THIS IS YOUR FINAL BILL FOR THE LISTED SERVICE ADDRESS. Customer Service:For bifling questions call(407)327-5996,Monday to Friday,5:170 a-m.to 5:00 p.m. After hours drop box is available for payments at the west end of City Hall.PLEASE DO NOT PLACE CASH IN NIGHT DEPOSITORY. For after hours emergencies related to utilities,tail(407)327-2569- Appeals:Any user who feels their monthly bill is unjust and inequitable may make written application for review within tan(10)days after the date of rendering of the bill by the city.An adjustment may be available in certain instances-Various adjustments include excessive use,leak or pool fill-An approved adjustment would be permitted no more than once a year or twice over ten years. Autematic Bank Draft;Payment will be drafted on the Thursday before the'LATE AFTER'date.If this date falls on a bank holiday the payment will be drafted the nett business day- Delinquent Payment::If'CU RRENT CHARGES'are not paid by the'LATE AFTER'date the accourd is subject to a Delinquent Notica with late fee charges of$5.o0 or 5%.whichever is greater.'P REV OUS BALANCE'indicates a PAST DUE amount-The'LATE AFTER'date on the'CURRENT CHARGES'does not apply to any'PREVIOUS BALANCE'.An account with a'PREVIQUS BALANCE'is subject to disconnection at any time.In order to reinslate service on an account turned off for nonpayment,the customer must pay the total amount due plus an additional tum-an charge of$30.00-Our policy prohibits hold personnel from collecting any checks or cash from our customers.Payment must be made in our Customer service office,between the hours of B:00 a-m-and 5:00 p.m.If you have any questions regarding delinquent acwunta,pkmse contact our collection office at(407)327-5953- Me11 Problems:The City of winter Springs is not responsible for undelivered or late mall.In the event you fail to receive a bill,please tail customer service at the numbe r listed above. Garbage and Recycling: Waste Pro of Florida,Inc-handles all garbage and recycling-Questions regarding these services strauW be directed to their customer service department at(487)774-0800. How to Road Your Water Meter.Simply write down all the numbers shown on the face of the meter and deduct"previous reading from this figure to get your water Consumption in thousands of galkns. I�gR1►i�E �f �]�lliiil� L7�.M1Y CLERK W CIRIVIT Curer R CMS IN 00186 P9 1152; Upgl CLERKI5 * 201316165E CITY MANAGER REUK ]1 teralynia 10=10110 All CITY OF WINTER SPRINGS 09M1ND Fka 14.00 1126 EAST STATE ROAD 434 By r &k"WVth Kai l y WINTER SPRINGS,FLORIDA 32708 LIE I, Kevin L. Smith, City Manager of the City of Winter Springs, Florida, pursuant to 13-2 of the Code of Ordinances of the City of Winter Springs, Florida, hereby certify that I have caused the following described property below: ADDRESS: 1125 ERMINE AVE.WINTER SPRINGS,FL PARCEL: 12-21-30-SDA-0000-5610 LEG LOT 561 WINTER SPRINGS UNIT 4 PB 18 PGS 6-8 OWNER: JOHN WE55 to be improved,cleaned and mowed pursuant to the City Code of the City of Winter Springs, FL. The expenses incurred were: $53.59 mowing and administrative_time, S 12. 2 postage, and recording the lien$10.00 for a total of S 76.71. �#• Date: Kevin L Smith, pager 4V-1 . ' `y • Y 'J 1, Shawn Boyle, Finance Director of the City of Winter Springs, Plof , hereh 6ertify that the City holds a Special Assessment in the amount of $ 76.71. This'propartp•'was mowed on December b, 2013. ADDRESS: 1125 ERMINE AVE. WINTER SPRINGS,FL PARCEL: 12-21-30-SDA-0000-5610 LEG LOT 561 WINTER SPRINGS UNIT 4 PB 18 PGS 6-8 OWNER: JOHN WESS Date: Shawn Boy[ Zm�eA/-ance Director Sworn to and subscribed before me this �� day of 201 Shawn Boyle, Finance Director of the City of Winter Springs, FL and who is personally known to me. 713 • E09410EC,� L City of Minter Springs 1120 E. State Rand 484 Minter Springs, FL 12708 Datet 04/15/2014 Rmeipt. 2014-0000480a Cashier• Iris rreeRan Received From- Imribel 2i+neri PYNTCDDE 5R.OQ Receipt Total Total Check se.CIO Total Xmitted -�r Q Q0 Total Received .F '. I s ! 11�.5� ��I77� �J►� ,� 3 _ Pic c E i `•..mod CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD NettIM REGULAR MEETING APRIL 22, 2014 CALL TO ORDER Lea. The Regular Meeting of Tuesday, April 22, 2014 of the Code Enforcement Board was ce called to Order by Chairperson Hugh Fisher at 5:33 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Hugh Fisher, present Vice-Chairperson Gregg Roero, arrived at 5:34 p.m. Board Member Laurie Bates Calhoun, present Board Member Matthew Criswell, present Board Member Carole Giltz,present Board Member Maurice Kaprow, present Board Member Jim Wentz, absent [Excused] Assistant City Attorney Kim Kopp, present Deputy City Clerk Sarah J. Hart, present Assistant to the City Clerk Sean Beaudet, present Vice-Chairperson Gregg Roero arrived at 5:34 p.m. Chairperson Hugh Fisher noted that, "Board Member Wentz will not be here this evening. He did let us know that. So, his absence will be `Excused' tonight." A moment of silence was followed by the Pledge of Allegiance. Captain Chris Deisler, Code Enforcement Division, Police Department requested that REGULAR ITEM "600" be heard first, as there were individuals wishing to address the Code Enforcement Board for the hearing.No objections were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used CITY OF WINTER SPRINGS,FLORIDA r MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 2 OF 16 Camil INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Um. Chairperson Fisher opened "Public Input". p C No one addressed the Code Enforcement Board. Chairperson Fisher closed "Public Input". CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Code Enforcement Board Review And Approve The March 25, 2014 Code Enforcement Board Regular Meeting Minutes. Chairperson Fisher inquired, "Do I have a Motion to approve the Minutes?" "SO MOVED." BOARD MEMBER KAPROW. SECONDED BY VICE- CHAIRPERSON ROERO. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. C CITY OF WINTER SPRINGS,FLORIDA IrmiW= MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 3 OF 16 REPORTS REPORTS 400. Office Of The City Attorney Assistant City Attorney Kim Kopp introduced herself and informed the Code Enforcement Board that she would be representing the City at the meetings. 41::( Ce REPORTS 401. Code Enforcement Division—Police Department As was requested by the Code Enforcement Board at the last meeting, Captain Deisler informed the members that an update on 1017 Walnut Creek Cove would be addressed during PUBLIC HEARINGS—NON-COMPLIANCE CASE "503.1". REPORTS 402. Office Of The City Clerk No report. REPORTS 403. Code Enforcement Chairperson No report given. REPORTS 404. Code Enforcement Vice Chairperson No report. REPORTS 405. Code Enforcement Board Members No reports were given. CITY OF WINTER SPRINGS,FLORIDA crTms MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 4 OF 16 C ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT,IN THE ORDER DOCUMENTED. ❖❖ REGULAR AGENDA REGULAR U 600. Code Enforcement Division—Police Department CASE # 12-0027758 Michelle And John Weiss 1125 Ermine Avenue Winter Springs,Florida 32708 Sec. 2-61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: August 21,2012 Non-Compliance Hearing: February 26,2013 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department briefly covered the process outlined in the Winter Springs Code of Ordinances to which applicants may apply for a reduction or satisfaction of a Code Enforcement Lien. Photographs were shown from Evidence `WS-1' with additional comments. Next, Inspector Flannigan noted, "The amount of the Lien is approximately one hundred and seventy two thousand nine hundred ninety two dollars and forty two cents ($172,992.42). That is as of April 14`h. The recommendation by Code Enforcement is that the Lien not be reduced any lower than a total of one thousand two hundred ninety six dollars and thirty cents ($1,296.30). This amount is for the cost of Code Enforcement personnel time, mailing fees, past administrative amounts of a hundred and fifteen dollars and seventy four cents ($115.74), and a grass cutting Lien for seventy six dollars and seventy one cents ($76.71)." Inspector Flannigan submitted "`WS-1', which is the CD (Compact Disc) of the presentations for today." Discussion. Following, Captain Deisler noted that the applicant's Realtor, Mr. Scott Jones, was present to testify on behalf of the applicant; considerable work had already been completed on the property; the property has been attended to by the neighbors; and that he would like to see the property inhabited rather than sit vacant. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD C REGULAR MEETING-APRIL 22,2014 PAGE 5 OF 16 Mr. J. Scott Jones, Owner, J. Scott Jones Realtors, 110 North Orlando Avenue, Suite 12, Maitland, Florida: noted he was the listing agent of the property; the previous owners vacated the property; the work that has been completed at the property has been done by himself, fellow realtor Maribel Zimeri,the buyer, and the neighbors; and does not want to see the property go into Foreclosure and sit vacant for an undefined amount of time. j■•. In addressing the Code Enforcement Board, Captain Deisler added, "One of the options available to you is a Release with conditions and that is what I'm going to suggest. I understand that the buyer intends to Homestead it and move here and live in it. That is step number one (1). If that condition is not met, then the deal is done and I would ask that any paperwork or agreement that are drawn up to affect, that the language is clear. If the property is not homesteaded by the potential buyer,then the deal is off." Board Member Matthew Criswell asked Mr. Jones how long the transaction could take. Mr. Jones replied, "The Short Sale was cancelled because it dragged on so long. But they said, `If you can get the lien removed, we'll be glad to restart it immediately.' So I would say we are looking at from the day the lien comes off—probably thirty (30) to forty (40) days. The buyer is willing to continue in maintaining the lawn." Further discussion ensued on ensuring that the property stays in Compliance during the lien reduction process. Lastly, Captain Deisler stated, "I believe we need to make sure we focus on a Partial Release of Lien as it relates to this property only. I think if you Release the Lien, you Release the Lien on the person's other Real Property that they own and we don't want to do that. I just want this house freed up." Chairperson Fisher clarified the conditions of the Partial Release to be that, "The property be homesteaded by the buyer and that the city be reimbursed for expenses totaling one thousand two hundred ninety six dollars and thirty cents ($1,296.30)...." Captain Deisler added, "...and furthermore that the property be maintained so that it doesn't go into Violation for anything else." "I WOULD MOVE THAT THE LIEN ON THIS PROPERTY PARTIALLY BE REDUCED TO ONE THOUSAND TWO HUNDRED NINETY SIX DOLLARS AND THIRTY CENTS ($1,296.30), SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT THE PROPERTY BE HOMESTEADED BY THE BUYER; (2) THAT THE PROPERTY BE MAINTAINED APPROPRIATELY, UNTIL SUCH TIME THAT CLOSING CONTINUES; (3) THAT THE PROPERTY CONTINUES TO REMAIN CODE COMPLIANT; (4) AND WE GIVE SIXTY (60) DAYS — IF THE SALE DOESN'T TAKE PLACE WITHIN SIXTY (60) DAYS, THEN THIS IS RESCINDED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA r� MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 6 OF 16 QUESTIONS AROSE ON HOW LONG THE APPLICANT HAS TO PAY THE .era LIEN REDUCTION. ASSISTANT TO THE CITY CLERK BEAUDET EXPLAINED THAT AFTER THE CODE ENFORCEMENT BOARD'S RECOMMENDATION, "IT WOULD GO TO CITY COMMISSION. ONCE IT IS APPROVED, THE APPLICANT HAS THIRTY (30) DAYS TO PAY. IF NOT, THEY HAVE TO GO A YEAR AND THEN THEY CAN APPLY AGAIN. SO, THEY HAVE THIRTY (30) DAYS TO PAY THAT, AFTER CITY COMMISSION'S FINAL SAY." VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Chairperson Fisher noted the Code Enforcement Board's willingness to work "easily and expeditiously as possible" with residents in such instances. Next, Captain Deisler requested the Code Enforcement Board hear PUBLIC HEARING — NON-COMPLIANCE CASE "503.1 next, as representatives of the respondent were in attendance. No objections were noted. PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.1 Code Enforcement Division—Police Department CASE # 13-0029771 CitiMortgage,Inc. 1017 Walnut Creek Cove Winter Springs, Florida 32708 IPMC 108.1.3 Structure Unfit For Human Occupancy. Date Of Service: April 10,2014 Inspector: Butch West Inspector Butch West, Code Enforcement Board, Police Department presented the Agenda Item. Inspector West noted that this case was heard last month and noted, "A CitiMortgage representative was present at the Code (Enforcement) Board Meeting. CitiMortgage also received a copy of the Code (Enforcement) Board's Order. It was mailed by the City Clerk's Office and shows it was received on April 3rd, 2014.