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2015 02 09 Regular 602 Lien Reduction Request for 1637 Tiverton Street
COMMISSION AGENDA ITEM 602 REQUEST: Informational Consent Public Hearings Regular X February 09, 2015 KS RS Regular Meeting City Manager Department The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Ken and Kelly Mullins for a reduction (partial release) of a Code Enforcement lien on property located at 1637 Tiverton Street. SYNOPSIS: As of December 29, 2014, the Code Enforcement Division has a lien on the subject property in the amount of $153,932.12. This amount is comprised of a code violation lien of $153,750, a current utility bill balance of $111.37, and a past due utility bill balance of $70.75. The case for a lien reduction was presented to the Code Enforcement Board on January 27, 2015. The Code Enforcement Board and City Staff are recommending a partial release of lien to accommodate the sale of the property to Ken and Kelly Mullins. The Code Enforcement Board recommended that the partial release be from all of the lien except at least $950.00 which represents the City's costs (both direct and indirect) to administer the lien. CONSIDERATIONS: The Order Imposing Penalty of First Violation was issued for the property by the Code Enforcement Board on February 26, 2013. The cited violations were for junk and debris and a stagnant pool. The fine imposed on the property was $250.00 per day commencing on February 27, 2013. The fine was to continue until the violations were corrected and full Regular 602 PAGE 1 OF 3 - February 09, 2015 compliance was confirmed by the Code Enforcement Officer. The owners of record at the time of the violation were Steven and Kimberly Kerns. The subject property was foreclosed and the Federal National Mortgage Association (FNMA) took the property back. FNMA invested significant funds to rectify the code violations. There was a violation of City Code Section (s) 13 -2 (e) stagnant pool, 13 -2 junk and debris, and a violation of the International Property Maintenance Code (IPMC) Section 303.2. The City's Code Enforcement Division issued an Affidavit of Compliance on the subject property on November 5, 2014 wherein the Code Enforcement Officer found the property to be in compliance. Staff has engaged in further review of the applicant's request based upon several factors: • The prospective owner is not the original violator. • The prospective owner proposes to homestead the property. • The prospective owner is prepared to pay the reduced lien amount. At the Code Enforcement Board meeting on January 27, 2015, the Board considered the request for a lien reduction and recommended that the lien be partially reduced to $950.00 which represents the City's costs (both direct and indirect) of administering the lien. According to the Code Enforcement Division, the violations have been brought into compliance and the house has been maintained accordingly since that time. The applicant has thirty (30) days to pay the reduced lien amount after the City Commission meeting, assuming the Commission grants the reduction. If the reduced amount is not paid within 30 days, the partial release of the lien shall expire. FISCAL IMPACT: The City would receive a minimum of $950.00 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. Regular 602 PAGE 2 OF 3 - February 09, 2015 RECOMMENDATION: The Community Development Department and the Code Enforcement Division of the Police Department recommend that the City Commission conditionally approve the partial release of a code enforcement lien on property located at 1637 Tiverton subject to the following terms and conditions: • The applicant submit a check made payable to the City of Winter Springs in the minimum amount of $950.00. • The property continue to remain code compliant through the closing date. • The property must be homesteaded by the purchaser. • The closing on the property shall occur within thirty (30) days. In the event such closing does not occur within 30 days, the conditional approval of the lien reduction request shall expire unless the City Manager agrees, in writing, to extend the time permitted for closing to accommodate a delay for good cause shown. ATTACHMENTS: A - Lien Reduction Application Package and Code Board Agenda Package B - Code Enforcement Board minutes of January 27, 2015 Regular 602 PAGE 3 OF 3 - February 09, 2015 ATTACHMENT A CODE ENFORCEMENT BOARD AGENDA ITEM 706 REQUEST: January Regular Meeting Informational Consent Public Hearings X Regular The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS 1 126 East State Road 434 Winter 5prings, Florida 32708 Phone: 407- 327 -1800 Ext: 304 www.winterspringsfl.org Application For PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN Case Number: I -tea 3�5 Date Application Re ived: a6 J615 Received By: .5 � �► Date lien Payment Received: lien Payment Am unt: Received By: Date Brought Into 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: Applicarit's Name: Representative's Name: Y t CO L Ln d W 61 5 W1 W Mailing Address: a E v ",,cu e City: State: Zip: Phone: E -Mail: 06 cc 2. LIEN INFORMATION: Lien Address: Parcel I D #: Has the Applicant previously applied for lien reduction for this property? YES NO If Yes, When? Owner of Lien Apdd�reess when lien was placed: �x' Current owner of Lien Address: Current owner's re lotion ship or affiliation with entity /person named in the lien: n "t Other property located in the City of inter Springs belonging to the current owner: o A Page 1 Petition for Reduction or Release of Code Enforcement Uen Rev. 10-2 8-13 3. REQUEST: 4. PLEASE STATE THE REASONS, If ANY, COMPLIANCE WAS NOT OBTAINED PRIOR TO THE RECORDING OF' THE ORDER IMPOSING THE FINE. (attach additional sheets if necessary) 5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITION FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE: (atlach additional sheets if necessary) Pefltian for, Reduction or IReWase of Code Enforcement Uen Rev. 10-28.13 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 (ode Enforcement lien is true and correct; $* 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. STATE OF FLORIDA COUNTY OF SEMINOLE Subscribed and sworn to before me this 2—D day of , 20 S who is personally known to me or has /have produced satisfactory photo identifica ion. Type of Photo Identification: P h 0 &A IDk LV (2. .l Plullj'ns Phi ted Name of Notary Appl" ant Signature Printed Name STATE OF FLORIDA COUNTY OF SEMINOLE Subscribed and sworn to before me this 2—D day of , 20 S who is personally known to me or has /have produced satisfactory photo identifica ion. Type of Photo Identification: P h 0 &A IDk LV (2. Notary Stamp Icy CoMm&laN FF1 OM EXPIRES; Aupa 16, 2017 BVAW Thw NOWy Pubk Lvah ba Page Q Petition for Reduction or Release of Code Enforcement Lien Rev. 9-12 -13 Sign re of Notary NbIff Phi ted Name of Notary Notary Stamp Icy CoMm&laN FF1 OM EXPIRES; Aupa 16, 2017 BVAW Thw NOWy Pubk Lvah ba Page Q Petition for Reduction or Release of Code Enforcement Lien Rev. 9-12 -13 PROCEDURE FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE The winter Springs City Commission ho the discretionary authority to reduce a release a lien or fine according to the procedure established 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 he 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 (application fee and recording costs) 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 before the Code 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 not 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 retommendotian, shall consider the following factors. a. The gravity of the violation; h. 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 Code Enforcement Board, and information provided by the violator in regard to the application far satisfaction or release of lien; (9) 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 of lien shall not be prepared or recorded until the conditions) placed by the Commission hove been satisfied. The violator shall hove 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 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 fine 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 ❑ SCHEDULEO FOR CITY COMMISSION CONSIDERATION ON Page 9 Petition for Reduction or Release of Code Enforcement Lien Rev. 1118 -13 foR offla USE om r 1. CASE INFORMATION Code Enforcement Case# Description of [ode Violations: Date found in Violation by Code Enforcement: Date Ordered by the Code Enforcement Board to Come into Compliance: Date property was found in compliance by Code Enforcement: 2. CHARGES: Description Amount Total Original Lien Amount S $ $ $ S S Code Enforcement Fees $ $ S S $ S S S S S TOTAL LIEN AMOUNT: $ $ Page 5 Petition for Reduction or Release of Code Enforcement Lien Rev. 1x20 -13 To. Randy Stevenson From; Ken & Kelly Mullins Re. Reference # 12- 0028385 1637 Tiverton Street Winter Springs, Florida 32708 Randy, Please find a motorized letter requesting a release or reduction of the lien on the above referenced property along with a check in the amount of $50.00. We are prepared to bring you a check on the 27th of January as soon as the case is reviewed and a decision has been made. We have found out that FNMA has their attorneys in Dallas working on this and they could take several months to address the violation that has been placed on the home. We as the buyers are going to pay the lien ourselves if it is a resonable amount so that we can close on our new home. We are willing to pay the Tien even though we didn't do anything wrong. That is how much we want this home Please notify as by calling our cell as soon as possible so we can take care of this. We have rescheduled our closing for January 28th, 2015 Thank you so much for working with as on this delicate situation. Ken & Kelly Mullins ell Phone # 321-202-6856 (Kelly) To T3'h om It May Concern Reference # 12- 0028385 1637 Tiverton Street Oviedo, Florida 32765 I would fars7 like to say thank you so much for talking with me on the phone We have been a resident of the Oviedo - Geneva area for over 20 years, and are very excited to become apart of the Tuscawilla Witer Springs Community. We entered into a contract with FNMA to purchase a home on 1637 Tiverton Street Winter Springs, Florida 32708 on December 23rd, 2014. We since then have paid $300 to have the home inspected and $500.00 to have the home appraised. We were all set to close on the 23rd of January. We have been approved thru PNC Bank and have a rate lock that expires on January 23rd, 2015. We were told from the title company on January 9th, 2015 that there is alien on the home from the City of Winter Springs. I am writing this letter to explain our situation and hope there & something you can do to help us I was told from our realtor Cheryl Core of Caldwell Banker that a Lien was placed on this home because of the previous owners neglecting the home including the pool. We were told that there was a $250.00 a day f ne that was added for a year and a half until the home was fixed We have been told that FNMA fexedthe home and the City of Winter Springs approved and stopped the daily fine 1 was told that this Lien was on the prior owners before FNMA took the home over. I was also told there was a application that FNMA needs to complete so that this issue can be put on the docket for review This is our concern, FNMA has a tot of steps before they can get this application back to you. So we as the buyers are addressing this violation and paying the $50.00 ourselves to get this violation reviewed We are asking if there is anyway you can release the Lien off of the house so we can close. We are rising this home as our primary residence and our so excited to startfrxing it up. We are prepared to put several thousands of dollars into making this home beautiful the way it should be in Tuseawilla. We understand your issues and are looking for some kind of guidance. We feet our hands are tied and we are ready to close. Could you possibly work this out with FNMA outside of our closing? We understand that the City of Winter Springs meets on Tuesday the 27th of January. We have told the listing agent for FV.VA we would extend our contract thru the 29th of January to allow the City of Winter Springs to meet and review the situation on this home. We are asking that you please release the lien or reduce the amount of lien to a minuim on 1637 Tiverton SL so that we can get this lien paid and close before our contract expires again. We have done everything FNMA has ask of us This lien was placed prior to us buying the house and FNMA taking the home over. If the lien is reduced to a resonable amount then we will be able to close within our contract date There are NO current code violations on this home We are not purchasing this home as investors with will be living in the home as our primary residence. Our realtor sent us an email that was sent from Randy Stevenson requesting information so he could look into it. Most of the questions he ask our included My understanding is that the Lien was placed prior to FNMA taking over the home. It took so long for the house to be fixed because FNMA had to approve putting that match money into the home. The property was brought into full compliance in November 2014. Ken & belly Mullins are the current buyers and we will be using this property as our homestead FNMA is a very large operation and getting anything done fast is not an option. In the mean time we as buyers are prepared to go in and fix the home up. The option of having this home sit vacant, have no one take care of it and have the Winter Springs police con stately go by to check on d just doesn't seam prudent Thank you so much for taking the time to read this letter and review the violation case. We hoping for some kind of agreement with the Chty of W rater SAprings so we ca�nr close with a clear title on or before January 29th, 201 S Thank you again j V--� `� . Ken & Kelly Mullins } t5� rr1 1�s�r be al Y-�� rcr me -fh 5 : , �� of .� t,�ovlr �� k �-�1 a Y �'� `' H atti@T G= To 02 l} ` Expr66miIW2 17035Z1� l ` E�re� 6e125�o�7 PAYMENT DATE ' 01/20/2015 COLLECTION STATION UB Office 3 (CH- UB -UBS3) RECEIVED FROM Kenneth W Mullins DESCRIPTION 1537 Tiverton St Lien reduction payment PYMTCODE City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 1637 Tiverton St Lien reduction payment Payments: Type Detail Amount Check 1089 $50.00 Total Cash $0.00 Total Check $50 .00 Total Charge $0.00 Total Other $0.00 Total Remitted $50.00 Change $0.00 Total Received $50.00 Total Amount: BATCH NO. 2015- 00000797 RECEIPT NO. 2015- 00002307 CASHIER Iris Freeman $ 50.00 Printed by: Iris Freeman Page 1 of 1 01/2012015 08:49:28 AM City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 Contact - Iris E. Freeman (407) 327 -5953 Fox - (407) 327 -4 753 In regard to your recent inquiry researching property address: 1637 Tiverton Street Our internal records indicate that the following amounts are currently awed as of the date of this response: 12/29/2014 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 Talc Collector's Office Real Estate Taxes and Assessments Utilities - Past Due Balance Utilities - Current Balance A/C Code Violations/ Liens Case #12-0028385 Community Development Permits/Licenses Tota I $0.00 see email attached $70.75 $111.37 $153,750.00 $0.00 $153.932.12 r Please mte! Charges above may have been incurred try previous owners andlor tenants. Addalonally, subsequent payments are often tendered by other than title company. Pages faxed exclusive of fax transmittal cover sheet - 121 12FAM14 Prooessw Orders 44aQUALITY RESEARCH S E R V I C E S C O R P 1999 North Unhrersity Drive, Ste. 204 Coral Springs, FL 33071 Phone: (954) 9OS -3890 Fax: (9S4) 905 -5961 Ste n h A ni e. &awn Qa rsfl,co m 12/24/2014 City of Winter Springs Attn: Iris Freeman Winter Springs, FL Email: recordsearch @winterspringsfl.org To Whom It May Concern: Please provide information on any liens, special assessments, unpaid utility bills, outstanding permits, open code violations and/or any balances due for the following property: PLEASE PROVIDE ACCOUNT HISTORY/LEDGER EVEN FOR 0 6ALANCE ACCOUNTS Property Address: 1637 TIVERTON STREET Winter SprlrV, Aorfda County: Seminole Folio Number. 1- 31.506. 0000 -1430 Legal Description: LEG LOT 103 CARRINGTON WOODS UNIT 2 Owner: FEDERAL NATIONAL MTG ASSN File Number: 53031 -25 Closing Date: 1/5/2015 Please return by fax to 954 - 905 -5961, or e-mail to Stenhan €e_Brown0arAcorn Thank you, Stephanie Brown Please indkate the following: h this property serviced by s Master Meter t Na What Servkes are proWded? Water Sewer SOW waste Storrnwater Wsll Septk Account W. W1ance: $ due thru NoXqmvA3saKkdwLPnxmmOrd@rFcrmEr&y asPa 1I1 w:i _ v My File Edit Toads Help J, ® 1 - I .-:s - c M n 0 ® ¢k T. C; z 4 IE—il 71 rx, r6 .F 4 9 © 6Vsred By Kreemnn Or, 07/17/2014 cow bon satww Start dale 07/17/2014 U9 End dace 07117/99N !i6 Candtlan cads wlxr - wRrrE -OFF CUSTDM t - pawnrner number 3x986 .... KNURLY M KERNS BIB aftyary 60 - UB SERVES - GENERAL 901 year 2014 III rxlmber 2007106 SU" A FYop" ID 16615 Fraq Cade Partei ID 08213150600001030 Ar OWt Helas 4VRSE OFF FY14 58.96+2091 = 70.75 [:1:4:] E4_1 1 of 1 FTI ►l— k C 70.75 . ...,. IN ^ � City of Winter Wngs Detach this portion and return with your remittance UTILITY BILL Utility Billing 1126 E. State Road 434 Make Checks Payable to: Remit Copy Winter Springs, FL 32708 of Winter Springs LJt 447- 327 -5998 C' Utility Cue Upon Receipt Bill No. Account Humber Customer ID BIII Date Litt After PretrFDU= Balanm Current Charm 12123`12014 1 01/13120`15 .00 141.37 $111.37 Changes made below are for mallirrg ad4'ezf ordy, IliIII Bill 1I111k611114111 111lllellllllllletll111I 'IIIIIIIIII ROO REALTY PO BOX 547937 ORLANDO FL 32854 City of Winter 3pdfngs Utility Billing 1126 E. State Road 434 Winter Springs, FL 32708 407- 327 -5995 or uti li tybil Is(Lbwi nterepring sl I. org Melling Addrees'- clty, Stna.2ip: — Harm Teephone-- 8usiness Telephone: Emali Address: — Make Checks Payable to: City of Winter Springs Utility UTILITY BILL Customer Copy Keep this portion for your records Cue Upon Receipt CUKORW Loa Addre.s ROD REALTY — 1637 TIVERTON STREET BIM Bomber Aamint Number Cwiomer tD . aN Daft LAO After 17123/2014 01113/2015 Dwcr rdon lMraartt Read Oete Previous FAW [fate Fromm IIAet+Ar 11"dirt{l ftwous mew Rrarding kl"M 0 afiftm 0}lfrye PREVIOUS BALANCE .00 WATER 314" 12/10/2014 11/08/2014 265530 250140 15390 29.67 SEWER 314" 55.13 GARBAGE 18.10 STORMWATE R 5.50 Water Tex 2.97 f Last Pay Amt Last Pay pate Current Chalyes Balance 1 $111.37 50.38 1717312014 111.37 111.37 Customer Service: For b ling questions call (407) 327 -6 M,1aonday to Friday. 4:00 a. m. 10 5fl0 p.m, Ater how m drop bon s avalable Our osymenls al the west end of City Hell. PLEASE 00 NOT PUCE CASH IN NIC,Cr DEP031TORY. For dime ho ry weirganoi a rotated to Wades, Cell (407) 327.2669. Appeals: Any use+ %fro teele [near monfty Ing b unjust and insqulmble may make written appkabw for review wriNn hm (10) dep atw the date of rwxbrft of Ore till by the dry An adjustment may be wa olAo m aMarl inslrnnes, Vericus adiustment5 induds aroesaim use, "or pool 911. An approwed adjuaunew would be permhled no more dean once a roar or twice omf W, years AutonsMlC sank orefk Payment will be dmftw an the 7NOWy bdore ne 'LATE AF rEFT dabs. If this data talc an a bank htoeday Cie psWwrl ell W draMW ohs mart busna" day. DoIN quert Paymeres.' N'CURRENT CHARGES ere riot paid by the'LATE AFTER' date the eoavn is wA*O toe D&Ivq wd Notke with Iete fee Charges of $5.00 or 5 %, wrrchemr Is greeter-'PREVIOUS I3A. ANC'E' Mid c, Ms a PAF (OLIE swunt. The'LATE AFTER dale on Cre'CLN*MNT CHARGES' does nal aagy to eny'PREVOW BALANCE. An account wOh a PREVIOUS BALANCE' is shed to dumnnaaron a[ any &M. H ardor to rw9oft svvioa an on amoum mmed OR ear rrmpaymerd. Vte uismmar moat pay the 1da7 amount d+e pew err aw anal tum,on dwye of =30.00. Our potty prphiMa field persorerei from mlk ilnq any obwM or cash rrom our amtomam. Payment rnusl be made ih our Cteldmer service afte between the hcus of 600 8 -m. And 600 P -m. 9 you have any questions regarding de inquerrt eccouu, please meted our collealm office at (407) 327 -SSU blab Pm6iams: The Gq of Wrar Sprnys is nol .@NO is bill for udaWirod or isle mat in ere even you rail to rodve a bill, pleas of aeudmer sermM at the number listed above. Garbage and Recycling: Waste Pro d %ride. In[- her>des all garbage and reeydkg. fhlaebons reprding uffie aerwteer WV01M be dieoled b (heir QAtMer SONG6 deiwonent at (407) 7 to Rud Your Water Mate: Snmpiy wilts dawn all the numbers shown on the face of the mew and detewt the prwAxu rwdkV ham mtc We to gel your meter corteumpaion In twwds d gaiknr. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 3276&2790 TELEPHONE; (407) 327 -1500 FACSIMILE: (407) 327 -4763 WESSITE: www.wintwaprtngsil.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #12-0028385 A Florida municipal corporation, ORMW 1111111111i7 MENL OF CIRCUIT MNr ow "M CMA" Complainant, till VM p1e 1175 — 11761 41pp) CLERK'S 0 2013037631 V. VIII NFE IW15/013 1099s83 PN Steven and Kimberly Kerbs 1 Chase 1 Federal National Mortgage Association PEA M51 1637 Tiverton Avenue MONOD BY 3 FekntraN gt1111 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 February 26, 2013 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 I-aw ere incorporated into this Order as set forth herein. Findings of Fact and Condusioos of Law Based upon the evidence and testimony presented at this hearing, the Code Enfome ent Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2.53 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 13 -2. (e) Stagnant Pool, 13 -2. Junk and Debris., IPMC 303.2 Enclosures 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 }resent at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section(s) 13 -2. (e) Stagnant Pool, 13 -2. Junk and Debris., IPMC 303.2 Enclosures; 5, T hat said violation(s) exist(s) or existed within the City of Winter Springs and that such constitutes) violation(s) of the City of Winter Springs Code of Ordinances 6. That such violations present a serious threat to the public health, safety, and welfare and shall be CCY OF WRCM SPRINGS, FLORIDA CODEENFORCEN(EM BOARD CASE NUMBER 12-0829395 FEBRUARY 26, 2013 PAGE 2 OF 2 immediately remedied. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be immediately enterod in the amourd of TWO HUNDRED FIFTY DOLLARS (8250.00) per day commencing on February 27, 2013 and shall continue until the violation(s) is/me corrected and full compliance is conrumred 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; 2. The Cleric of the Code Enforcement Board is 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; 3. That violations existing on the property present a serious threat to the public health, safety and welfare and that if Respondent fails to correct the violations set forth herein, that the City Commission be notified of said violations pursuant to section 162.04(1), Florida Statutes, in furtherance of the City Commission authorizing all reasonable repairs required to bring the property into compliance, as permitted by section 162.04(1), Florida Statutes. 4. Any and all future recurrence(s) of any violatiorKs) addressed herein after same have been corrected shall necessitate fisrther proceedings before the Code Enforcenwril 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 (8500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.04, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 27'` day of February 2013. CODE ENFORCE1v1ENT BOARD OF THE CITY OF WINTER SPRINGS,1?WRI1]A OKI M- v td_-,- Copies furnished to: CERTIFIED MAIL 7012 0470 8001 2132 6798 Steven and Kimberly Kerns/Chasel!✓'ederal National Mortgage Association, Respondent City of Winter Springs, Case File #12-0028385 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been famished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this 141— day of Aw,c .. _ , 2013. �3 Sean Beaudet, Board Secretary CITY of WINTER SPRINGS, FLORIDA CODE ENFORCEMT BOARD. PETITIONER. V. CITY of WINTER SPR1RCs CODE EMRCEN$NT BOARD comPLAixT No. :12-0028385 ADDRBss :1637 Tiverton Ave. Winter Springs, FL 32708 RESPONDENT. Steven & IGnibeerly Kerns, Chase, FC13 3 n(fWM1 M)g- AFFIDAVIT OF NOB- COMIMCE WITH ORDER OF WINTER SPRINGS CODE HNFORCE6r8NT BOARD STATE Of FLORIDA s. s.: 13-2E Stagnant Pod COUNTY OF SMIM)LE BEFORE NS, the undersigned authority, personally appeared Jim Flannigan , Code Inspector for the City of Winter Springs who. after being duly sworn, deponea and says that: I. on February 26 T . 2013 , the Code Enforcement Board held a public hearing and issued its order in the above styled matter. 2. Pursuant to maid Order, Respondent was to have taken certain corrective action by or before February 27 —'20 13 3. A rainspection wan performed on November 4 , 2014 . 4. The reinapection revealed that (check ona) x the corrective action ordered by the Code Enforceaaent Hoard has not been taken. the violation has recurred. 5. A description of the current status of the violation " as follows: stagnant pod remeins stagnant and uncovered FURTHER AFFIANT SAYETii NOT. DATED this —5-- day of 10gVern .Y0. iQNll RE 08 COD$ I1rSP8CTOR SWORN to and subsc7Y7-% ibed offs-{ o a Ina this M b4r . g ti41uL1Y �'4L14.r I5:jM0F4N*FFt2005727 L MINETT4 +i ■ NOTARY P LIC - State of Florida III 1e FIES hwy My commission E:pirea: not afis4163 or coin Clw of ifinerm SpAiAm, 8If PPM COM ENFCFdMEMW Balms, Petitioner, V. Rea�paridenst. oOGrADIT NO.: 12- 0028385 Ammass:1837 Tiverton Ave. Winter SSerings, FL 32708 Steven & Kirnbe& Kama, Chasm AliF=VTT (W CCHPLZM= MM ORDER as km= apRnm coos MNMM anA�ln STATE OF FLCPJM ) ] S.s.: 13-2 Junk & Debris, Be3FM 1E, the tudareigr+ad authority, parem ally Jim Fiann!en . Colo u spsetor for the city of Winter Springs. %W, attar being duly mc=. dapoaem and aaym: i . That an February 28 . 2011L, the ewe amforoew nt board rApm a public hearing and issued Ito Order In the above atylad matter. 2. mat, pursuant to said older, lisefs, - rare to hWW tlMkM certain oarrectivo action by or before February 27 , 20 13 , 3. That a reineapoctim was performed on NWrnkQr g. M14 4. Mat the roinepectian reveaUd tbat the correctlue action ordered by the Grade wit Fbard has been taloern. FURTHER AFVLLM ' SAYSAd Mr. DAMM this S__ day of VrMhX 20LLL IL lute of L70de Inspector 94M Zv and OW—M raked be ma thin, ffilrr m�, of im 2 �AD�.�� St . �It►l.�.1� �f NOTARY FU=C - STATE CW "! NNOV L MINNETYo Fiat= . � . my �pr,µrr.4sl�N e1M05127 a MPIFIrld Mary 11.2Q18 lily► Orm— 'scion Wren: saotsa g011 12/29/2014 13:50 ifreeman AR Category: 60 Account b Location (City of winter Springs ACCOUNT HISTORY REPORT Customer Name 1 0 ubacthst Form Type: S SUMMARY OF CHARGES /PMTS Interest Due Ending Balance Total Due Parcel Date - - --- Type Chk /Ref # Amount Int. Included Balance - -- -- ------ 16645 --------- ---- - - - - -- -------------------------------------- 11639 STEVEN L. KENS,JR. --- .00 -- ----- ----- ------- - -- ---' .00 on 1637 TIVERTON STREET WS FL 32708 08213150600001030 05/02/2012 Payment BANK XFER 157.31 .OD .00 04/20/2012 Payment RANK XFER - 157.31 .00 - 157.31 01/30/2012 App Cr BANK XFER -45.00 .00 .00 01/09/2012 Payment BANK XFER -66.12 .00 45.00 O1/D6/2012 Adz 5.00 .00 111.12 01/03/2012 Penity 40.00 .00 106.12 12114/2011 Penity 5.00 .OD 66.12 11/29/2011 Payment BANK XFER -45.57 .CD 61.12 11/22/2011 Charge 61.12 .00 106.69 11/16 /2011 Penity 5.00 .00 45.57 10/25/2011 Charge 97.12 .00 40.57 10/20/2011 App Cr BANK XFER .00 .00 -56.55 09/27/2011 Charge 64.45 .00 -56.55 09/22/2011 App Cr HANK XFER .00 .00 - 121.00 09/13/2011 Payment BANK XFER - 121.29 .00 - 121.00 09/02/2011 Payment BAN( XFER - 121.00 .00 .29 08/23/2011 Charge 121.29 .00 121.29 08/02/2011 Payment BANK XFER -96.89 .00 .00 07/26/2011 Charge 107.64 .00 96.89 07/21/2011 App Cr CASH .00 _00 -10.75 07/16/2011 Payment BANK XFER -80.00 .00 -10.75 06/28/2011 Charge 69.39 _00 69.25 06/23/2011 App Cr BANK XFER .00 .00 -.14 06/20/2011 Payment CASH -68.00 .00 -.14 06/15/2011 Penity 5.00 .00 67.86 05/24/2011 App Cr BANK XFER .00 .00 62.86 05/24/2011 Charge 66.74 _00 62.86 05/09/2011 Payment BANK XFER - 100.00 _00 -3.88 04/26/2011 Charge 76.92 .00 96.12 04/20/2011 Penity 5.00 .00 19.20 03/29/2011 Charge 80.30 .00 14.20 03/24/2011 App Cr BAN( XFER .00 .00 -66.10 03/08/2011 Payment BANK XFER -90.00 .00 -66.10 02/22/2011 Charge 39.13 .00 23.90 02117 /2011 APF Cr BANK XFER .00 .00 -15.23 02/02/2011 Ad] -40.00 .00 -15.23 02/01/2011 Payment BANK KFER - 100.00 .00 24.77 02/01/2011 Penity 40.00 .00 124.77 01/25/2011 Charge 39.13 .00 84,77 01/19/2011 Penity 5.00 .00 45.64 01/11/2011 Payment BANK XFER - 168.85 .00 40.64 12/28/2010 Charge 40.84 .00 209.49 12/15/2010 Penity 6.03 .DO 168.65 12/06/2010 Payment BANK XFER -85.00 .00 160.62 11/23/2010 Charge 222.07 .00 245.62 11/17/2010 Penity 5.00 .00 23.55 ll /OS /201C Payment BANK XFER -80.00 .00 18.55 10/26/2010 Charge 106.72 .00 98.55 10/21/2010 App Cr BANK XFER ,00 .00 -e.17 12/29/2014 13;50 of Winter Springs 2 ifreeman (M -City ACCO7 HISTORY REPORT �PG ubacthst AR Category; 60 Form Type; S SUMMARY OF CHARGES /PMTS Account # Customer Name Interest Due Ending Balance Total Due Location Parcel Date Type Chk /Ref {{ Amount Int. Included Balance ----------`------------------ 10/15/2010 --------- Payment --- -- ------------ BANK XFER - - - -_- - --- -75.00 - - -- - --- .00 -8.17 09126/2010 Charge 66.83 .00 66.83 09/14/2010 Payment BANK XFER -69.09 .00 .00 08124/2010 Charge 69.06 .00 69.06 08/16/2010 Payment SANK XFER -55.93 .00 .00 07/27/2010 Charge 56.83 .00 55,93 07/22/2010 App Cr SANK XFER .00 .00 -.90 07109/2010 Payment BANK HER -47.00 .00 -.90 06/22/2010 Charge 60.58 .00 46.10 06/17/2010 App Cr BANK XFER .00 .00 -14.48 06/08/2010 Payment BANK XFER -80.00 .00 -14.48 05/25/2010 Charge 65.52 .00 65.52 05/07/2010 Payment BANK XFER -83,53 .00 .00 04/27/2010 Charge 78.53 .00 83,53 04/15/2010 Payment BANK XFER -86.04 .00 5.00 04/14/2010 Penity 5.00 .00 91,04 03/23/2010 Charge 86.04 .00 86.04 03/16/2010 Payment BANK XFER -87.64 .00 .00 03/01/2010 Payment CHECK 2006 - 151.23 .00 87.64 02/23/2010 Charge 87.64 .00 238.87 02/17/2010 Penity 6.97 .00 151.23 01126/2010 Charge 139.26 .00 144,26 01/20/2010 Payment BANK XFER -91.96 .00 5.00 01/13/2010 Penity 5.00 .00 96.96 12/22/2009 Charge 91.96 .00 91.96 12/22/2009 Payment BANK XFER -99.09 .00 .00 12/16/2009 Penity 5.00 _00 99.09 11/25/2009 Payment BANK XFER -26.00 .00 94.09 11/24/2009 Charge 94.38 .00 120,09 11/23/2009 Payment BANK XFER -69.00 _00 25.71 11/18/2009 Penity 5.00 .00 94.71 10/27/2009 Charge 98.65 .04 89.71 10/22/2009 App Cr BANK XFER .00 .00 -9.14 10/15/2009 Payment BANK XFER -80.00 .00 -9.14 I0/14/2009 Penity 5.00 .00 70.86 09/28/2009 Payment HANK XFER -80.00 .04 65.86 09/22/2009 Charge 57.90 .00 145.86 09/16/2009 Penity 5.00 .00 97.96 08/31/2009 Payment CHECK 5001 -66.79 .00 82.96 09/2512009 Charge 82,96 .00 149.75 09/19/2009 Penity 5,00 .00 66.79 07/28/2009 Charge 71.00 .00 61.79 07/23/2009 App Cr BANK XFER .00 .00 -9.21 07/16/2009 Payment BANK XFER - 100.00 .00 -9.21 07/15/2009 Penity 5.00 .00 90,79 06/23/2009 Charge 85.79 .00 85.79 06/15/2009 Payment BANK XFER -85.44 .00 .00 05/26/2009 Charge 85.44 -00 85.44 05/08/2009 Payment BANK XFER -84,65 .00 .00 04/28/2009 Charge 84.65 .00 94.65 04/17/2009 Payment BANK XFER -97.36 .00 .00 12/29/2014 13:50 City of Winter Springs ifreeman ACCOUNT HISTORY REPORT Interest Due AR Category: 60 Total Due Int. Included Balance Account # Customer Name 97.36 Location .00 92.36 Parcel .63 Date Type 120.46 Chk /Ref # Amount -----------------^__-----------_------------------------------------------------------ 04/15/2009 Penity .00 5.00 03124/20D9 Charge 91.73 92.35 03/18/2009 Payment BANK XFER -119.83 .00 03/18/2009 Penity .00 5.63 02/24/2009 App Cr BANK KFER .00 .00 02/24/2009 Charge 84.42 117.48 .00 02/13/2009 Payment BANK XFER -95.00 01/2712009 Charge 92.35 -14.39 01/12/2009 Payment BANK KFER -84.27 .00 12/23/2008 Charge .00 84.27 12/15/2008 Payment HANK XFER -77.65 .00 11/25/2008 Charge 109.06 77.65 .00 11/11/2008 Payment BANK XFER -64.42 10/28/2006 Charge 84.42 79.99 10/09/2008 Payment BANK XFER -65.23 .00 09/23/2008 App Cr RANK XFER .00 09/23/2008 Charge 79.62 75.32 09/17/2008 Payment BANK XFER -96.00 00 09117/2006 Penity .DO 5.00 08/26/2008 Charge 76.61 .00 08/18/2000 Payment BANK XFER -95.26 .00 07/29/2008 Charge .00 95 -26 07/14/2008 Payment BANK XFER - 109.06 134.32 06/24/2008 Charge -1.08 109.06 .00 06/17/2008 Payment BANK XFER - 159.51 05/27/2008 Charge 159.51 71.53 05/1912908 Payment BANK XFER -79.99 .00 04/29/2008 Charge .00 86.65 04/28/2908 App Cr BANK XFER .00 04/14/2008 Payment BANK XFER °90.00 03/2512008 Charge 63.34 03/12/2008 Payment BANK XFER -75.32 ❑2/26/2006 App Cr BANK XFER .00 02/26/2DOR Charge 75.95 02/20/2008 Payment RANK ][PER -90.00 02/20/2008 Penity 5.00 01/29/2008 Charge 84.37 01110/2008 Payment BANK KFER -87.57 12/25/2007 Charge 60.65 12120/2007 Payment BANK XFER - 134.32 12/19/2007 Penity, 6.72 11/27/2007 App Cr BANK KFER .00 11/27/2007 Charge 135.40 11/1312007 Payment BANK KFER -38.78 11/09/2007 Payment BANK KFER - 120.00 10/31/2007 Payment CHECK 654 -72.00 10/30/2007 Charge 158.17 10/3012007 Penity 30.00 10/17/2007 Penity 5.00 10/1612007 Payment BANK XFER -86.00 09/25/2007 Charge 117.53 PG 3 ubacthat Farm Type: S SUMMARY OF CHARGES /PMTS Interest Due Ending Balance Total Due Int. Included Balance -------------------------------------------- .00 97.36 .00 92.36 .00 .63 .00 120.46 .00 114.83 .00 114.83 .00 -2.65 _00 92.35 .00 .00 .00 84.27 .00 .00 -00 77.65 -00 .00 .00 84.42 .00 .00 .00 65.23 .00 65.23 -00 -14.39 .00 81.61 .00 76.61 .00 .00 .00 95.26 .00 .00 .00 109.06 .00 .00 .00 159.51 .00 .00 .00 79.99 .00 -6.66 .00 -6.66 .00 83.34 .00 .00 .DO 75.32 .DO 75.32 00 -.63 .DO 89.37 .00 84.37 _00 .00 ,00 67.57 .00 6.72 .00 141.04 .00 134.32 .00 134.32 .00 -1.08 .00 37.70 .00 157 .7 0 .00 229.70 .00 71.53 .00 41.53 .00 36.53 .00 122.53 12/29/2014 13:50 City of Winter Springs ifreeman ACCOUNT HISTORY REPORT AR Category: 60 IPG ubacthst Account # Customer Name Location Interest Due Ending Balance Total Due Date Type - ----'--- ------ ----- - ------------------------- 09/19/2007 payment BANK XFER Balance 09/19/2007 Penity --- ------------------- .00 -- --------------- ------ 5.00 06/28/2007 Charge .00 91.88 08/14/2007 Payment CHECK 86.88 07/31/2007 Charge _00 4.B7 07/11/2007 Payment CHECK 114.87 06/26/2007 Chargge .00 .00 06/25/2007 App Cr CHECK 64,22 06/15/2007 Payment CHECK -61.21 05/29/2007 Charge .00 -61.21 05/15/2007 Payment CHECK 88.79 05/01/2007 Charge .00 .00 04/30/2007 App Cr CHECK 148.13 04/24/2007 Payment CHECK .00 04/20/2007 Payment CHECK .00 04/16/2007 eenity .00 28.19 03/27/2007 Charge .00 138.19 D3/27/2007 Payment CHECK 131.36 03/21/2007 Penity .00 -5.23 D2/27/2007 Charge .00 93,77 02/26/2007 Payment CHECK 88.77 02/21/2007 Penity .00 5.10 01/31/2007 Payment CHECK 110 -70 01/30/2007 Charge .00 105 -68 01/30/2007 Penity .00 245.86 01/17/2007 Penity .00 140.18 12/26/2006 Charge .00 110.16 12/21/2006 Payment CHECK 105.18 12/20/2006 Penity .00 4.67 11/20/2006 Charge .00 144,67 11/15/2006 Payment CHECK 137.77 10/31/2006 Charge .00 .00 10/04/2006 Payment CHECK 133.35 09/26/2006 Charge .00 .00 09/25/2006 App Cr CHECK 99.92 09/14/2006 Payment CHECK -19.35 08/29/2006 Charge .00 -19.35 06/28/2006 Payment CHECK 125.88 08/23/2006 Penity .00 -19.35 00/01/2006 Charge _00 103 -14 07/26/2006 Payment CHECK 96.14 07/19/2006 Penity .00 .00 06/27/2006 Charge .00 126.62 06/12/2006 Payment CHECK 122.49 05/30/2006 Charge .00 .00 05/1712006 Payment CHECK 119.73 05/0212006 Charge .00 .00 04119/2006 Payment CHECK 137.15 04/19/2006 Penity .00 5.00 03/28/2006 Charge .00 71,57 03/17/2006 Payment CHECK 4 IPG ubacthst Form Type: S SUMMARY OF CHARGES /PMTS Interest Due Ending Balance Total Due Parcel Chk /Ref a Amount lnt_ Included Balance -'--------_'----------------- ------- `-- -86.88 --- ------------------- .00 -- --------------- ------ 5.00 5.00 .00 91.88 82.01 .00 86.88 RDP - 110.00 _00 4.B7 114.67 .00 114.87 RDP -64.22 .00 .00 125.43 .00 64,22 .00 .00 -61.21 RDP - 150.00 .00 -61.21 88.79 .00 88.79 RDP - 148,13 .00 .00 148.13 .00 148.13 .00 .00 .00 RDP -28.19 .00 .00 RDP - 110.00 .00 28.19 6.83 .00 138.19 136.59 .00 131.36 -99.00 .00 -5.23 5.00 .00 93,77 83.67 .00 88.77 RDP - 105.66 .00 5.10 5.10 .00 110 -70 - 140.16 .00 105 -68 105.68 .00 245.86 30.00 .00 140.18 5.00 .00 110.16 100.51 .00 105.18 RDP - 140.00 .00 4.67 6.90 .00 144,67 137.77 .00 137.77 RDP - 133.35 .00 .00 133.35 .00 133.35 RDP -99.92 .00 .00 119.27 .00 99.92 .00 .00 -19.35 RDP - 145.23 .00 -19.35 145.23 .00 125.88 RDP - 122.49 .00 -19.35 5.00 _00 103 -14 96.14 .00 96.14 RDP - 128.62 .00 .00 6.13 .00 126.62 122.49 .00 122.49 RDP - 119.73 .00 .00 119.73 .00 119.73 RDP - 137,15 .00 .00 132.15 OD 137.15 RDP -66.57 .00 5.00 5.00 .00 71,57 66.57 .00 66.57 RDP -77.96 .00 .00 12/29/2014 13:50 City of Winter Springs PG 5 ifreeman ACCOUNT HISTORY REPORT ubacthst AR Category; 60 Form Type: S SUMMARY OF CHARGES /PMTS Account # Customer Name Interest Due Ending Balance Total Due Location Parcel Date Type Chk /Ref # Amount Int. Included Balance ---°`------_-_---- ---------_---- 02/28/2006 ----------------------------- Appp Cr CHECK --------------------------- .00 ---- --------- ---------------- .00 --------------- 77.96 02/28/2006 CEiarge 78.65 .00 77,96 02/17/2006 Payment CHECK RDP -85.00 .00 -.69 01/31/2006 Charge B0.07 .00 84.31 01/13/2006 Payment CHECK RDP -75.00 .00 4.24 12/27/2005 Charge 79.24 .00 79.24 12/14/2005 Payment CHECK RDP -60.57 .00 .00 11/29/2005 App Cr CHECK .00 _OD 60.57 11/29/2005 Charge 71.65 .00 60.57 11/01/2005 App Cr CHECK .00 ,00 -11.08 11/01/2005 Charge 76.92 .00 -11.08 10/19/2005 Payment CHECK RDP -88,00 ,00 -88.00 10/13/2005 Payment CHECK RDP -73.59 .00 .00 09/27/2005 Charge 73.59 .00 73.59 09/20/2005 Payment CHECK RDP -78.42 .00 .00 08/30/2005 Charge 73.42 .00 78.42 08/25/2005 Payment CHECK RDP -78.03 .00 5.00 08/24/2005 Penity SOD 00 83.03 06/02/2005 Charge 78..03 .00 78.03 07/19/2005 Payment CHECK RDP -89.14 ,00 on 06128/2005 Charge 89.14 .00 89.14 06/20/2005 Payment CHECK 224342 - 101.80 .00 _00 05/31/2005 Charge 101,00 .00 101.80 05/20/2005 Payment CHECK 131308 -79.70 .00 ,00 05/03/2005 Charge 79.70 .00 79.70 04/08/2005 Payment CHECK 169191 -81 -05 .0D _00 03/29/2005 Charge 61.05 .00 81,05 03/15/2005 Payment CHECK 937557 -66.12 .00 .00 03/01/2005 Charge 66.12 .00 66.12 02/16/2005 Payment CHECK 865921 -77,26 .00 .00 02/01/2005 Charge 77.26 .00 77,26 01/05/2005 Payment CHECK 1884 -73.43 .00 .00 12/28/2004 Charge 73.43 .00 73,43 12/21/2004 Payment CHECK 1877 -64.28 .00 ,00 11/30/2004 Charge 64.28 .00 64.28 11/17/2004 Payment CHECK 1128 -76.37 .OD .00 11/02/2004 Charge 76.37 .00 76.37 10/27/2004 Payment CHECK 1829 -77.08 .00 _00 10/20/2D04 Penity 5.00 .00 77.08 09/28/2004 Charge 72.08 .00 72.08 09/20/2004 Payment CHECK 1806 -84.20 .00 .00 08/31/2004 Charge 84.20 .00 84.20 08/20/2004 Payment CHECK 1787 -74.92 .00 .00 08/03 /2004 Charge 74.92 .00 74.92 07/19/2004 Payment CHECK 1760 -77.26 .00 .00 06/29/2004 Charge 77.26 .00 77,26 06/22/2004 Payment CHECK -82.10 .00 .00 06/D1/2004 Charge 77,10 .00 82.10 05/27/2004 Payment CHECK 1727 -86.31 .00 5.00 05/26/2004 Penity 5.00 .00 91.31 05/04/2004 Charge 86.31 .00 86.31 12/29/2014 13-50 City of Winter Springs 6 ifreeman ACCOUNT HISTORY REPORT IPG ubacthst AR Category: 60 Form Type: 5 SUMMARY OF CHARGES /PMTS Account # Customer Name Interest Due Ending Balance TOtal Due Location Parcel Date Type Chk /Ref # Amount Int. Included Balance -------------------------- 04/16/2004 --- ---------- Payment ----- - - -- CHECK ------ ----- 1692 ---- ------- - -- - - -- -72.34 --- - - - - -- -Co `---------------------------- .00 03/3012004 Charge 72.34 .00 72.34 03/19/2004 Payment CHECK 1664 -70.12 .00 .00 03/0212009 Charge 70 -12 .00 70.12 02/24/2004 Payment CHECK - -86.46 .00 .00 02/03/2004 Charge 76.46 .00 86.46 01/22/2004 Payment CHECK -70.52 .00 10.00 01/21/2004 Penity 5.00 .00 80.52 12/30/2003 Charge 70.52 .00 75.52 12/30/26D3 Payment CHECK 1595 -67.12 .00 5,00 12/24/2003 Penity 5.00 .00 72.12 12/02/2003 Charge 67.12 .00 67,12 11/19/2003 Payment CHECK 1569 -71.50 .00 .OD 11/0412003 Charge 71.50 .00 71.50 10/2012003 Payment CHECK 1582 -72,70 no .00 09/3012003 Charge 72.70 .00 72.70 09/2312003 Payment CHECK 1525 -70.30 .00 .00 09/02/2003 Charge 70.30 .00 70.30 08/26/2003 Payment CHECK 1514 -71.87 .00 .00 08/05/2003 Charge 76.87 .00 71.67 07/29/2003 App Cr CHECK .00 .00 -5.00 07/23/2003 Payment CHECK 1494 -78 -50 .00 -5.00 07/01/2003 Charge 73 -50 .00 73.50 06/24/2003 Payment CHECK 1471 -88.80 .00 .00 06/03/2003 Charge 83.80 .00 89 -90 05/27/2003 Payment CHECK 1454 -83.96 .00 5.00 05/06/2003 Charge 03.96 .00 88.96 0413012003 Payment CHECK 1422 -64.26 .n0 5100 04/24/2003 Penity 5.00 .00 69.26 04/01/2003 Charge 64.26 .00 64.26 03/25/2003 Payment CHECK 1401 -81.70 .00 .00 03/04/2003 Charge 81.60 .00 81 -70 02/26/2003 Payment CHECK 1378 -86.83 .00 .10 02/04/2003 Charge 81.93 .00 86.93 01/27/2003 Payment CHECK 1351 -68.98 .00 5.00 01/22/2003 Penity 5.00 .00 73 -68 12131/2002 Charge 68.88 .00 66.68 12/10/2002 Payment CHECK 1319 -72.88 .00 .00 12/03/2002 Charge 72.88 .00 72.66 11/22/2002 Payment CHECK 1304 -71.10 .DD .00 11/05/2002 Charge 71.10 .00 71.10 10/16/2002 Payment CHECK 1280 -58 -27 .00 .00 10/01/2002 Charge 58.27 .00 58.27 09/25/2002 Payment CHECK 1254 -65.79 .00 .00 09103/2002 Charge 65.79 on 65.79 08/22/2002 Payment CHECK 1225 -68.70 .00 .00 08/06/2002 Charge 68.70 .00 68.70 07/31/2002 Payment CHECK 1203 -69.59 .00 .00 07/13/2002 Ada 3.40 .00 69 -59 07/02/2002 Charge 66.19 .00 66.19 06/1412002 Payment CHECK 1175 -68.22 .00 .00 12/29/2014 13:50 City of Winter Springs 7 ifreeman ACCOUNT HISTORY REPORT IPG ubacchst AR Category: 60 Farm Type: S SUMMARY OF CHARGES /PMTS Account 0 Customer Name Interest Due Ending Balance Total Due Location Parcel Date Type Chk /Ref # amount Int. Included Balance ------- ---- --- - ----- - --- 06/04/2002 ---- -__--- Charge ---- -- --- -- ----------------------------------------------------------------------------- 68.22 .00 68.22 05/31/2002 Payment CHECK 1161 -74.23 .00 .00 05/07/2002 Charge 74.23 .00 74.23 04/22/2002 Payment CHECK 1138 -62.18 .DO .DD 04/02/2002 Charge 62.18 .00 62.18 03/28/2002 Payment CHECK 1120 -52.54 .00 .00 03/0512002 Ad3 -.49 .00 52.54 03/05/2002 Charge 53.03 OD 53.03 03/0412002 App Cr CHECK .00 .00 .00 02/26/2D02 Payment CHECK 1093 -53.25 .00 .00 01/30/2002 Change 53.25 .00 53.25 01/15/2D02 Payment CHECK 1058 -64.04 .00 .00 01/01/2002 Charge 64.04 .00 64.04 12/26/2D01 Payment CHECK 1034 -56.43 .00 .00 12/04/2001 Charge 56.43 .00 56.43 11/17/2001 Payment CHECK 99B - 104.77 .00 .00 11/06/2001 Charge 104.77 .00 104.77 10/17/2001 Payment CHECK 962 -69.26 .00 .00 10/02/2001 Charge 69.26 .00 69.26 09/25/2001 Payment CHECK 971 -85.48 .00 .00 09/04/2001 Charge 85.48 .00 85.46 08/15/2001 Payment CHECK 955 - 169.25 .00 .DD 08/0712001 Charge 169.25 .00 189.25 07/27/2001 Payment CHECK 942 - 107.02 .00 .00 06/26/2001 App Cr CREDIT CARD .00 .00 107.02 06/26/2001 Charge 217.32 .00 107.02 06/21/2001 Payment CHECK 903 - 136.61 .OD - 110.30 06/09/2001 Payment CHECK 891 - 185.84 .00 26.31 02/28/2001 Charge 212.15 .00 212.15 16645 11640 GARLAND PARLIER ,00 .00 .00 1637 TIVERTON STREET WS FL 32706 DB2131506000D1D30 02/20/2002 Payment BANK XFER -79.17 .00 .00 D2128 /2001 Charge 79.17 .00 79.17 16645 11641 ARTHM ALBERS .OD .00 .00 1637 TIVERTON STREET WS FL 32708 00213150600001030 D2/2D/2002 Payment BANK XFER -19.48 .00 .00 02/28/2001 Charge 19.48 .00 19.48 16645 38097 ROO REALTY .00 111.37 111.37 1637 TIVERTON STREET WS FL 32708 08213150680001030 12/23/2014 Charge 111.37 .00 111.37 12/23/2014 Payment CREDIT CARD 061156 -50.39 .00 .00 12/10/2014 Penity 5.00 .00 50.39 11/19/2014 Payment BANK XFER -47.88 .00 45.39 11/18/2014 Charge 45.39 .00 93.27 11/13/2014 Penity 5.00 .00 47.86 12/29/2014 13:50 of Winter Springs 8 ifreeman (City ACCOUNT HISTORY REPORT IPG ubacthst AR Category; 60 Form Type: S SUMMARY OF CHARGES /PKrS Account b Customer Name Interest Due Rnding Balance Total Due Location Parcel Date Type Chk /Ref it Amount Inc. Included Balance ---------------- ------------------------------- 10/21/2014 Charge - ------------ - - --------- ---------- - 42.88 ---------------------------------------------- .00 42.88 16645 38986 KIMBERLY M KERNS .00 .00 .00 1637 TIVERTON STREET WS FL 32709 08213150600001030 07/16/2014 Writeo -58.96 4- 84 % .00 .00 10/29/2013 Charge 40.96 5 .00 58.96 10/22/2013 App Cr BANK XFER - 100.40 �/ .DO 18.00 10/22/2013 Charge 46.48 D• tiS .00 118.40 10/16/2013 Penity 5.00 ,00 71.92 09/24/2013 Charge 73.77 .00 66.92 09/19/2013 App Cr BANK XFER .00 .00 -6.85 09/09/2013 Payment BANK XFER -80.00 .00 -6185 08/23/2013 Payment BANK XFER -79.61 .00 73.15 08/20/2013 Charge 73.15 .00 152.76 CB/14/2013 Penity 5.00 .00 79.61 09/02/2013 Payment BANK XFER -B4.B5 .00 74.61 07/23/2013 Charge 74.61 .00 159.46 07/17/2013 Penity 5.00 .00 84.85 06/25/2013 Charge 79.85 .00 79.85 06/25/2013 Payment SANK XFER -51.67 .00 .00 06/12/2013 Penity 5.00 'Co 51.67 05/21/2013 Charge 67.16 .00 46 -67 05/16/2013 Payment SANK XFER -90.00 .00 -20.49 05/15/2013 Penity 5.00 .00 69.51 04/30/2013 Payment CASH -80.00 .CO 64.51 04/23/2013 Charge 70.81 .00 144.51 04/17/2013 Penity 5.00 .00 73.70 03/29/2013 Payment SANK XFER -87.87 .00 68.70 03/26/2013 Charge 68.70 .00 156.57 03/13/2013 Penity 5.00 .00 87.87 03/07/2013 Payment BANK XFER - 103.74 .00 82.B7 02/27/2013 Ada -40.00 .00 186.61 02/26/2013 Penity 40.00 .DO 226.61 02/19/2013 Charge 82.87 ,00 186.61 02/13/2013 Penity 5.00 .00 103.74 02/06/2013 Payment BANK XFER -73.42 .00 98.74 01/22/2013 Charge 98.74 .00 172.16 01/16/2013 Penity 5.00 .00 73.42 12/25/2012 Charge 68.42 .00 68.42 12/23/2012 Payment BANK XFER -79.74 .00 .00 12/12/2012 Pena. ty 5 -00 .00 79.74 11/20/2012 Charge 74.74 .00 74.74 11/19/2012 Payment BANK XFER -68.10 .00 .00 11/14/2012 Penity 5.00 .00 88.10 10/29/2012 Payment HANK XFER - 101.85 -00 63.10 10/23/2012 Charge 83.10 .00 184.95 10/17/2012 Penity 5.00 .00 101.65 09/25/2012 Charge 96.85 .00 96.85 09/20/2012 Payment CASH -83.96 .00 .00 09/12/2012 Penity 5100 .00 83.96 12/29/2014 13:50 (City of Winter Springs PG 9 i.freeman ACCOUNT HISTORY REPORT ubacthst AR Category: 60 Form Type: S SUMMARY OF CHARGES /PMTS Account 9 Customer Name Interest Due Ending Balance Total Due Location Parcel Date Type Chk /Ref # Amount Int. Included Balance ------------------------------------------------------ 09/04/2012 Payment CASH -81.53 .00 78.96 08/21/2012 Charge 78.96 .Do 160.49 08/16/2012 App Cr BANK XFER .00 .00 81.53 08/15/2012 Penity 5.00 .00 81.53 07/31/2012 Payment CASH -67.00 .00 76.53 07/2412012 Charge 76.57 .00 143.53 07/18/2012 Penity 5.00 .00 66.96 06/26/2012 Charge 61.96 .00 61.96 06/21/2012 Payment SANK XFER - 110.74 _00 .00 06/13/2012 Penity 5.00 .00 110.74 05/29/2012 Payment BANK XFER -87.00 .00 105.74 05/22/2012 Charge 66.69 .00 192,74 05/16j2012 Penity 5.05 .00 106.D5 05/02/2012 Adj -40.00 .00 101.00 05/0212012 Payment CHECK RDP - 157.31 -00 141.00 05101/2012 Penity 40,00 .00 298.31 04/24/2012 charge 101.00 .00 258.31 04/18/2012 Penity 5.00 .00 157131 03/27/2012 Charge 95.86 .00 152.31 03/27/2012 payment BANK XFER -84.84 00 56.95 03/02/2012 Ad) 5.00 .00 141.29 03/02/2012 Payment BANK XFER -80.00 .00 136.29 02/2B/2012 Penity 40.00 ,00 216.29 02/15/2012 Penity 5.00 .00 176.29 02/07/2012 charge 56.45 .00 171.29 01/30/2012 APp Cr BANK XFER -74.14 .00 114 -84 01/24/2012 Charge 88.91 .00 188.96 01/15/2012 Penity 5.DO -00 100 -07 12/27/2011 Charge 95.D7 .00 95.07 °• END OF REPORT - Generated by Iris Freeman •t Iris Freeman From: Christi Flannigan Sent: Friday, December 26, 2014 8:32 AM To: Iris Freeman Subject: RE: 1637 TIVERTON STREET There are no open code violations for this property. Thank you, Christi D. Flannigan Code Enforcement Division Winter Springs Police dept. 300 N. Moss Rd. Winter Springs, FL 32788 cflanniaanC wintersDrinasfi.orp 407 - 327-1800 Ext. 466 Fax 407 - 327 -6652 From: Iris Freeman Sent: Wednesday, December 24, 2014 3:35 PM To: Customer Service - City of Winter Springs; Christi Flannigan Cc: Iris Freeman Subject: FW, 1637 TIVERTON STREET Please review your records for open permits and code violations/liens. Thanks -Mane a Br eat da' y, Iris E.- P-eeman finance Utility 4perations-Nanager P, one.- 4pT 3�T-5953 iireemanCintersgrin ss&— aw To: Record Search Cc Stephanie Brown Subject: 1637 TIVERTON STREET Iris Freeman From: Ashley Maffioli Sent: Monday, December 29, 2014 8:21 AM To: Iris Freeman Subject: RE: 1637 TIVERTON STREET There are no open or expired permits for this property. As4m"y Maffio{.i. Administrative Assistant Community Development City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -5968 Fax: (407) 3271784 E -mail: a maffiolitawintersorinesfl -ore From., Irks Freeman Sent: Wednesday, December 24, 2014 3:37 PM To: Customer Service - City of Wfnter Springs; Christi Flannigan Cc: Iris Freeman Subject: FW: 1637 TIVERTGN STREET Please review your records for open permits and code violations /liens. Thanks pave agr eat day, lrrs Efreeman - -inance 71tiCrty oyleratinns Nangger Vane• 4aT-9�T:f959 i reemanC�vinters�rin�sf yrn From: Melissa Johnson fmailto:melissaDohnson gMfl.com1 Sent: Wednesday, December 24, 2014 8:50 AM To: Record Search Cc: Stephanie Brown Subject: 1637 TIVERTON STREET Iris Freeman From, Iris Freeman Sent-, Monday, December 29, 2014 12:50 PM To: Iris Freeman Subject : RE: 1637 TIVERTON STREET As far as special assessments and real estate taxes go, Ray Valdes, Seminole County Tax Collector, is the appropriate agency to provide this information. Thank you. . Wa ve r / ,L lrl�v E.-rreemaw 2=ra 49m -*a a eIr ,Li�ance 11tirity t i ft From,, Iris Freeman Sent; Wednesday, December 24, 2014 3:37 PM To,: Customer Service - City of Winter Springs; Christij Flannigan Cc: Iris Freeman Subject: FW: 1637 TIVERTON MEET INS! P 1113! 1'1111111 MM M= Thanks .91,eave a gi -eat 4y, lris.T,Treeman Finance Ztti&y 0 .perativn-s -wanager YW�one. - 4 07-927-19S3 I From: Melissa Johnson rmailto:rnellissajohnson(ft, rs, fl, Sent-. Wednesday, December 24, 2014 8:S4 AM To, Record Search S z CITY OF WINTER SPRINGS, FLORIDA c� U Incorporated 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708 -2799 /'coo WE: lit TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfi.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #12- 0028385 A Florida municipal corporation, VARYWE MORSE, MERK OF CIRCUIT COURT SEMIMXE COLINTY Complainant, HK 879% Pgs 1175 - 11761 (2ns) CLERK'S # 2013037651 V. RECORDED 83/15/2813 84:29s23 PM Steven and Kimberly Kerns / Chase / Federal National Mortgage Association .58 RECORDED BY RECORDING FEES 18 18mrotfitall) 1637 Tiverton Avenue Winter Springs, Florida 32708 Respondent, 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 February 26, 2013 to determine whether any violations of the City of Winter Springs Code of Ordinances ( "City Code ") exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2 -59 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 13 -2. (e) Stagnant Pool, 13 -2. Junk and Debris., IPMC 303.2 Enclosures 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. (e) Stagnant Pool, 13 -2. Junk and Debris., IPMC 303.2 Enclosures; 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 6. That such violations present a serious threat to the public health, safety, and welfare and shall be CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12- 0028385 FEBRUARY 26, 2013 PAGE 2 OF 2 immediately remedied. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be immediately entered in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00) per day commencing on February 27, 2013 and shall continue until the violation(s) is /are 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; 2. The Clerk of the Code Enforcement Board is 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; 3. That violations existing on the property present a serious threat to the public health, safety and welfare and that if Respondent fails to correct the violations set forth herein, that the City Commission be notified of said violations pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Commission authorizing all reasonable repairs required to bring the property into compliance, as permitted by section 162.09(1), Florida Statutes. 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Winter Springs Code, Chapter 2, Article III, Division 2. DONE AND ORDERED at Winter Springs, Florida, this 27th day of February 2013. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA 70� �, � ��1 or'hairpersorr-- Copies furnished to: CERTIFIED MAIL 7012 0470 0001 213,2 6798 Steven and Kimberly Kerns /Chase/Federal National Mortgage Association, Respondent City of Winter Springs, Case File #12- 0028385 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this X41 - day of 0,rkl - 12013. Sean Beaudet, Board Secretary CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, Petitioner, V. COMPLAINT NO.: 12-0028385 ADDRESS: 1637 Tiverton Ave. Winter Springs, FL 32708 Respondent. Steven & Kimberly Kerns, Chase, AFFIDAVIT OF COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD STATE OF FLORIDA ) S.S.: 13-2 Junk& Debris, COUNTY OF SEMINOLE ) '203-j --rcwuvo BEFORE ME, the undersigned authority, personally appeared Jim Flannigan , Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says: 1. That on February 26 r 2013 , the Code Enforcement Board held a public hearing and Issued its Order in the above styled matter. 2. That, pursuant to said Or-der, Respondent was to have taken certain corrective action by or before February 27 t 20 13 13. That a reinspection was performed on November4 20_14 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. L DATED this L) — day If VC-M 20a. 1A11 S4iTmtur�e of Code Inspector SWORN TO and subscribed before me C-- subscribed of NCV'trn6jj-, 2 gy'DUA, NOTARY PLMLIC STATE OF FLORIDA My Ccumission Expires: WSPD 117 Rev 12-11-90 M MANDY =1N N E L M TTO ANDY L MINNETTO 1 my M iSSION #FF106.727 My COMMiSSION #FF106727 X ES May 1 1 , 2018 EXPIRES 3 May 11, 2018 RIX '- S e .T� I." j.'y "c 07)'� W"�O�153:Floridi.MNotaryservice.com CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD COMPLAINT NO. : 12-0028385 CITY OF WINTER SPRINGS, FLORIDA ADDRESS: 1637 Tiverton Ave. CODE ENFORCEMENT BOARD, Winter Springs, FL 32708 PETITIONER, RM RESPONDENT. Steven & Kimberly Kerns, Chase, AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD STATE OF FLORIDA ) s. s. : 13-2E Stagnant Pool COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared Jim Flannigan Code Inspector for the City of Winter Springs who, after being duly sworn, deposes and says that: 1. on February 26 —, 2013 , the Code Enforcement Board held a public hearing and issued its order in the above styled matter. 2. Pursuant to said Order, Respondent was to have taken certain corrective action by or before February 27 - 20 13 . 3. A reinspection was performed on November 20-14-- 4. The reinspection revealed that (check one) X the corrective action ordered by the Code Enfo'tcement Board has not been taken, the violation has recurred. S. A description of the current status of the violation is as follows: stagnant pool remains stagnant and uncovered FURTHER AFFIANT SAYETH NOT. iLJ DATED this 6- day of 0 1_qNA1fJRE OF CODE INSPECTOR SWORN to and subscribed before me this , o f U- , b 11 ' 2 FlohdaNO arY MANDY L MINNETTO MY com-MISSION #Fr-i 06727 May 11, 2018 NOTARY PUBLIC State of Floridan ?:, EXPIRES M; 7 t setvice.COM My commission Expires: {407)398.0153 WSPD 119 Rev. 12-13-90 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 26, 2013 PAGE 15 OF 27 "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT HE (BEN BLACKMAN) BE GIVEN THIRTY (30) DAYS TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. CHAIRPERSON WOOD COMMENTED, "THE MOTION IS TO ALLOW MR. BLACKMAN THIRTY (30) DAYS TO BRING THE PROPERTY IN COMPLIANCE — TO CORRECT THE VIOLATIONS IN THIRTY (30) DAYS." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Additionally, Captain Deisler mentioned that he just spoke to Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and noted, "If he'll (Mr. Blackman) stay in contact with Inspector Flannigan, we can get that permitting process moving." PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE # 12- 0028385 Steven And Kimberly Kerns, Chase, Federal National Mortgage Association 1637 Tiverton Avenue Winter Springs, Florida 32708 Sec. 13 -2. (e) Stagnant Pool. Sec. 13 -2. Junk And Debris. IPMC 303.2 Enclosures. Date Of Service: February 1, 2013 Inspector: Christi Flannigan Inspector Flannigan presented the case and submitted into Evidence "'WS-1, which is the CD (Compact Disc), 'WS-2' is the Affidavit of Posting for Notice of Violation, 'WS-3' is the United States Postal Service mailing for the Notice of Code Violation, 'WS-4' is the Affidavit of Posting for the Code Board Hearing, 'WS-5' is United States Postal Service showing delivery." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 26, 2013 PAGE 16 OF 27 Continuing, Inspector Flannigan noted, "After receiving a complaint from the neighbor about junk and debris in the backyard; and a stagnant pool; and the pool enclosure being broken — when I inspected the property from the Easement way behind the house, I found all of these Violations. Notice of Violation was mailed October 17, 2012 to all the persons and businesses. Notice was also posted at the property on November 14th, 2012. The Owner of Record, the Kerns, have made no contact. Chase and (Federal) National Mortgage Bank were notified — for them filing the Lis Pendens on January 7th, 2010 according to the (Seminole County) Clerk's Office records. The Notice of Hearing was Posted at City Hall and the property on January 29th, 2013. It was also mailed to all three (3) parties on February 1St, 2013." Photographs were shown from the PowerPoint Presentation. Discussion. Chairperson Wood inquired if the property was occupied, to which Inspector Flannigan confirmed that it was occupied. Inspector Flannigan also mentioned that the pool enclosure screen door does not lock, the pool is stagnant, and there was junk and debris in the backyard. Inspector Flannigan then recommended "The owners be given until March 15th, (2013) to correct the Violations. If found in Non - Compliance, a Fine of a hundred dollars ($100.00) be imposed retroactive to February 26th, 2013." Discussion ensued on not having to list the Real Estate Agents of properties in the City of Winter Springs. Vice Chairperson Fisher further inquired if the occupants of the property were the Owners of Record. Inspector Flannigan did not know for certain, but believed after speaking with the neighbors, that it was Steven and Kimberly Kerns. Discussion ensued on the Lis Pendens definition and process; the pool enclosure not being secure; and the different options available to bring the property into Compliance. Chairperson Wood asked, "Has the City thought about having a requirement to register properties ?" Assistant City Attorney Latorre answered, "There is no discussion of it..." Chairperson Wood suggested, "...That might be something that you may want to do. Other cities are required." Assistant City Attorney Latorre remarked, "We have those Ordinances in some of the other cities we work with and they have proved helpful. I don't know that it has ever been discussed; I just don't have personal knowledge. I can check into it." Further comments followed on the property being a public safety and health issue; actions historically taken by the Code Enforcement Board regarding stagnant pools; and options available. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 26, 2013 PAGE 17 OF 27 "I MOVE TO FIND THE RESPONDENT IS IN VIOLATION OF THE CITY CODE AND THAT A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED; AND THAT A LIEN WILL BE IMPOSED IMMEDIATELY. FURTHER, THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE, AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRMAN FISHER. VICE CHAIRMAN FISHER THEN NOTED, "I WITHDRAW THE SECOND PARAGRAPH AND STATE `FURTHER THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFAREV, SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Further discussion. Chairperson Wood called a Recess at 6:58 p.m. The Regular Meeting reconvened at 7: 06 p. m. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 27, 2015 CALL TO ORDER The Regular Meeting of Tuesday, January 27, 2015 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher at 5:31 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, absent [Excused] Board Member Laurie Bates Calhoun, present Board Member Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, absent [Excused] Board Member Bill Poe, absent [Unexcused] Senior City Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet, present A moment of silence was held in honor of former Code Enforcement Board Member Jim Pitts, who recently passed away. The Pledge of Allegiance followed. In regards to Agenda Changes, Captain Chris Deisler, Code Enforcement Division, Police Department noted that PUBLIC HEARINGS — NEW CASES 6650099, "503 ", and REGULAR "705" would not be presented during this meeting. No objections were noted. Captain Deisler also noted the Respondents were in attendance for PUBLIC HEARINGS — NEW CASE "501" and REGULAR "706" and asked the Code Enforcement Board if they would be inclined to first hear these Cases. Likewise, no objections were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 2 OF 15 REGULAR AGENDA - PART I REGULAR 700. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Chairperson For Calendar Year 2015. As there were some Code Enforcement Board Members absent, Chairperson Fisher asked if the Agenda Items for Elections of Chairperson and Vice - Chairperson could be brought back at the next meeting. "I WOULD MAKE A MOTION TO MOVE IT TO THE FEBRUARY MEETING." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 701. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Vice - Chairperson For Calendar Year 2015. This Agenda Item was not discussed as previously noted. REGULAR 702. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The City Of Winter Springs Code Enforcement Board Policy And Procedures Manual For The Current Year With Any Amendments, As Applicable. Chairperson Fisher explained there were no substantive changes to the Code Enforcement Board Policy and Procedures Manual. He did point out that section VII. ORDER OF BUSINESS was edited to incorporate the changes from last year to reflect the current Code Enforcement Board proceedings. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 3 OF 15 "MOTION TO ADOPT IT AS STANDS." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. REGULAR 703. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The Sample Motions For The Current Year With Any Amendments, As Applicable. Chairperson Fisher noted there were no changes to the Code Enforcement Board Sample Motions and applauded the City Attorney's Office for having them available. "I MOVE THAT WE APPROVE THE SAMPLE MOTIONS." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. CHAIRPERSON FISHER ADDED, "LET ME REMIND BOARD MEMBERS THAT IT IS NOT NECESSARY, DURING THE COURSE OF THE MOTIONS, TO ACTUALLY NAME THE RESPONDENTS. SIMPLY USE THE TERM `RESPONDENT'." VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 4 OF 15 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The October 28, 2014 Code Enforcement Board Regular Meeting Minutes. "I MOVE TO APPROVE THE MINUTES FROM THE LAST MEETING." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS- CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 400. Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2014CE001932 William Horter 944 March Hare Court Winter Springs, Florida 32708 IPMC 304.6 Exterior Walls. IPMC 304.9 Overhang Extensions. Date Of Service: December 9, 2014 Inspector: Christi Flannigan This Case was not presented. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 5 OF 15 PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2014CE002245 Angelo Sanchez And Raquel Tavares 221 North P Street Winter Springs, Florida 32708 IPMC 108.1.1 Unsafe Structures. Date Of Service: December 2, 2014 Inspector: Chris Deisler Captain Deisler presented this Case and submitted into Evidence, "'WS-l', which will be the CD (Compact Disc) of the presentations tonight; 'WS-2' is the Affidavit of Posting for this Hearing; 'WS-3' is my Certified Mailing for this Hearing." In addition, Captain Deisler noted that Mr. Jay Abel, Building Inspector, Building Department and the Respondent were in attendance. Continuing with the presentation, Captain Deisler testified, "Originally this Case came to my attention back in August of last year. This home has an existing carport structure — it is in a rundown condition, which poses a hazard to the occupants or anyone who maybe nearby. There are several areas where the wood is rotting. The doors and the walls of the structure are inadequate to support it during times of storms and wind. That was based upon conversations that I had with the renter who lives there. Mr. Abel, our Building Inspector, was contacted by the owner about June 26, 2014. He was asked to further inspect the structure, based upon his professional qualifications. He replied to me that the structure was a danger and that it needed to be fixed or removed." Photographs were shown from "WS -1 ", with further comments. Mr. Abel addressed the Code Enforcement Board and testified, "Captain Deisler asked me to go there and take a look at the structure, which I did. It needs to be either repaired or taken down. I instructed in my Notice that a permit would be required to either (repair) or (remove). I went back out there and met Mr. Sanchez. It was mid - September and I asked him if he was going to repair or get permits or demolish it. He said he wasn't sure yet. At that time, I said I would turn it over to Code Enforcement if it doesn't get rectified. Basically it does have wood rot all the way around it. It does need to either be taken down or repaired." Next Captain Deisler explained that he had also met with Mr. Sanchez in September 2014, gave him additional time to obtain Permits, and additional time to correct the Violation. Since that time, Captain Deisler said he has had no other contact with the Respondent. Further comments. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 6 OF 15 Lastly, Captain Deisler stated, "I am recommending that he be provided two (2) weeks to secure proper Permits, conduct adequate repairs on the carport, and show considerable progress toward repairs to remedy the structural issues. Should he fail to comply, I am requesting that you authorize demolition of said structure at cost that will be put back on the property in the form of a Lien." Mr. Angelo Sanchez, 100 Lisa Loop, Winter Springs, Florida: provided a letter from the company "Builders & Renovators ", which was entered into the Record as Exhibit "R -1". Since there was only one (1) copy, Chairperson Fisher read the letter aloud to the other Code Enforcement Board Members. Board Member Matthew Criswell mentioned that the letter was from a Building Contractor, not a General Contractor and asked Captain Deisler, "You had said earlier that you wanted to have a letter from a Structural Engineer or Professional Engineer ?" Captain Deisler responded, "Correct, Sir. You are going right down the road that I would like Mr. Abel to speak to." Mr. Abel added, "A General Contractor will not certify it because they are not a licensed Engineer. As you will probably see by the letter, I didn't see a stamp or raised seal on that letter. That is what a licensed, Structural Engineer would need to provide." Chairperson Fisher also pointed out there was no signature on the letter provided by "Builders & Renovators ". Likewise, Mr. Abel added that the letter would not be acceptable without a signature. Next, Captain Deisler submitted into Evidence "'WS-4', which are the Notices that were issued by the Building Division with regard to this. It clearly states in the Notices that were issued to Mr. Sanchez, that a licensed Structural Engineer provide said letter." Discussion. Board Member Carole Giltz noted that the City gave Mr. Sanchez the option of repairing the structure or demolishing the structure and asked if he is considering either option. Mr. Sanchez replied, "Not at this moment. I thought it was safe." In turn, Board Member Criswell inquired, "You do carry liability insurance on that property ?" Mr. Sanchez confirmed that he did. Much discussion ensued on possible Motions, Staff's recommendation, timeframes for pulling Permits, and that a Notice of Intent to Remedy was indeed sent to Mr. Sanchez in December 2014. Next, Captain Deisler submitted into Evidence "WS -5 ", which was the Notice of Intent to Remedy. The Notice was previously provided to the Code Enforcement Board in the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 7 OF 15 "I WOULD MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND RESPONDENT BE GIVEN UNTIL FEBRUARY 10TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, THEN WE WOULD RENDER SECTION 13 -4. PROCEDURES IN ACCORDANCE WITH ANY COST OR EXPENSES, AS A FINE." MOTION BY BOARD MEMBER CRISWELL. SENIOR ATTORNEY KOPP INQUIRED, "IS THERE A FINE OR NO FINE WITH RESPECT TO JUST THE VIOLATION ?" BOARD MEMBER CRISWELL REPLIED, "NO FINE. IT WOULD BE A LIEN." CHAIRPERSON FISHER REITERATED, "AT THIS POINT THERE WOULD BE NO FINE. HOWEVER, IT WOULD BE IN ADDITION TO THE FINDING OF VIOLATION. SECTION 13 -4. WILL APPLY AND THE COST OR EXPENSE OF ANY CONSEQUENCES OF THAT ACTION WILL BE APPLIED AS A LIEN ON THE PROPERTY." IN TURN, SENIOR ATTORNEY KOPP CLARIFIED, "YOU WANT TO FIND THE PROPERTY IN VIOLATION OF IPMC 108.1.1 WITH NO FINES AND IF THE PROPERTY DOES NOT COME INTO COMPLIANCE BY FEBRUARY 10TH, THEN YOU ARE AUTHORIZING STAFF TO ACT UNDER SECTION 13- 4. TO ABATE THE NUISANCE AND THE COST OF REPAIR OR REMOVAL OF THE DANGEROUS CONDITION WILL BE A LIEN ON THE PROPERTY, PURSUANT TO (SECTION) 13 -4. ?" BOARD MEMBER CRISWELL ANSWERED, "CORRECT." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CAPTIAN DEISLER ADDED THAT HE WAS CONCERNED THAT THE RESPONDENT WOULD SIMPLY PULL A PERMIT AND TAKE NO FURTHER ACTION IN ORDER TO AVOID ADDRESSING THE VIOLATION. DISCUSSION ENSUED ON TIMEFRAMES FOR PULLING PERMITS. Tape 1 /Side B SENIOR ATTORNEY KOPP ADDED, "THIS IS JUST A SUGGESTION, BUT YOU MAY WANT TO CONSIDER A LONGER TIMEFRAME THAN FOURTEEN (14) DAYS. MAKE THE ISSUE A COMPLETE COMPLIANCE. EITHER IT IS REPAIRED OR IT'S DEMOLISHED TO THE SATISFACTION OF CODE ENFORCEMENT. I DON'T KNOW WHAT A REASONABLE TIME IS. THAT IS FOR YOU TO DECIDE. YOU MAY WANT TO MAKE IT A COMPLETE COMPLIANCE BY A SPECIFIED DATE, AS SOMETHING TO CONSIDER." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 8 OF 15 DISCUSSION ENSUED ON THE ALLOWABLE TIMEFRAME TO REPAIR THE VIOLATION. BOARD MEMBER CRISWELL SAID, "I THINK THIRTY (30) DAYS FOR SOMETHING LIKE THIS IS ENOUGH. MR. ABEL, DO YOU AGREE?" MR. ABEL NODDED IN AGREEMENT. BOARD MEMBER CRISWELL ASKED IF AN AMENDMENT NEEDED TO BE MADE TO HIS ORIGINAL MOTION. SENIOR ATTORNEY KOPP NOTED, "SO, IT IS THIRTY (30) DAYS?" BOARD MEMBER CRISWELL REMARKED, "YES. FINAL INSPECTION — THIRTY (30) DAYS — BY THE CITY." SENIOR ATTORNEY KOPP CLARIFIED, "IF IT IS NOT REPAIRED OR DEMOLISHED WITHIN THAT THIRTY (30) DAY PERIOD, THEN THE CITY STAFF IS AUTHORIZED WITHOUT FURTHER HEARINGS TO REPAIR OR DEMOLISH THE STRUCTURE; AND THE COST OF THAT WORK WILL BE A LIEN, PURSUANT TO (CITY ORDINANCES SECTION) 13 -4. ?" BOARD MEMBER CRISWELL STATED, "CORRECT". VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ++ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ++ REGULAR AGENDA - PART II REGULAR 706. Code Enforcement Division — Police Department CASE #12- 0028385 Federal National Mortgage Association 1637 Tiverton Street Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: February 26, 2013 Inspector: Christi Flannigan This next Case was presented by Captain Deisler who gave a brief history of the property. Photographs were shown from "WS -1 ", with further comments. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 9 OF 15 Continuing, Captain Deisler said, "The Applicants, seated here, had a pending contract to buy the home or it is still pending and intend to make it their residential homestead, which is probably the top tier of where we want to go with these properties. Get people in them who want to homestead. The Violations were brought into Compliance by the bank some time ago and the house has been maintained accordingly since. Since this home will be the homestead of the Applicant, and the contract is now apparently concluded, our recommendation is going to be a reduction in total amount owed to the City of nine hundred and fifty dollars ($950.00)." Mrs. Kelly Mullins, 220 Heatherbrooke Circle, Oviedo, Florida: stated, "We just closed on the home yesterday. We purchased this home from Fannie Mae. Immediately we got an inspection on the home to find out if there was anything wrong with it. We purchased an appraisal on the home, we had a mold inspection done on the home, got to the point of closing and two (2) weeks ago were notified by the Title Company there was a Lien on the property of a hundred and fifty three thousand dollars ($153,000.00). We already had spent a thousand dollars ($1,000.00) on this home. We have been looking for a home for over four (4) months." Mrs. Mullins also mentioned in the past they had owned homes in Geneva, Oviedo and would like to stay in the area. "I MOVE TO RECOMMEND THAT THE CITY REDUCE THEIR LIEN FOR THIS PROPERTY TO NINE HUNDRED FIFTY DOLLARS ($950.00), WHICH WILL COVER SOME OF THE EXPENSES THE CITY HAS SPENT ON THIS PROPERTY." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ei + AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 10 OF 15 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2014CE003031 Jean And Chea Belfort 921 Puma Trail Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: December 1, 2014 Inspector: Chris Deisler In presenting this Case, Captain Deisler submitted into Evidence, "'WS-2', the Affidavit of Posting for the Hearing and 'WS-3' the Certified Mail Receipt." Next, Captain Deisler testified, "This complaint was generated by the next door neighbor — he invited me to his home to let me look at the condition of the fence of the neighboring home. At this point what he was dealing with was a couple sections of fence that had fallen. There were also exposed, rusty nails. I met with him on November 7th (2014) and verified the complaint. The home is a rental property. The owners of Record do reside in Virginia. The Notice of Code Violation was mailed to them on November 7th, 2014. It was never picked up by the addressee. There was no contact from the owners or work done to the fence." Photographs were shown from "WS -1 ", with further comments. Lastly, Captain Deisler stated, "As of the 27th of January of this year, I had information that the owner had received a quote for a new fence to be installed on February 27th, I have actually been in contact with the Property Manager for this home. She actually has been very responsive, even as recently as today. Hopefully this fence will be installed prior to the Non - Compliance Hearing scheduled for next month." Staff recommendation was to allow the owner until February 27th, 2015 to correct the Violation. If not corrected, a Fine OF two hundred and fifty dollars ($250.00) would be imposed per day until the Violation comes into Compliance. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 11 OF 15 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL FEBRUARY 27TH, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) — FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. Captain Deisler requested REGULAR "704" be heard next to be able to conclude his presentations for this meeting. No objections were noted. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ++ REGULAR AGENDA - PART II REGULAR 704. Code Enforcement Division — Police Department CASE #11- 0025345 Angel And Jacqueline Carrero 204 South Moss Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: October 4, 2011 Inspector: Christi Flannigan Captain Deisler presented the Case and stated, "This is a Lien Reduction request by the current owners of this home, Mr. and Mrs. Carrero. The Carreros are residents of Puerto Rico and I do not believe that they are going to have any representation here. This home had several issues dating back to 2011." Continuing, Captain Deisler then covered an assortment of Violations that had come before the Code Enforcement Board over the previous years. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 12 OF 15 Continuing with his testimony, Captain Deisler said, "The Carreros took possession of this property on or about the 26th of October 2012, `As -Is.' Where the problem lies is they're claiming that they were not told in the Title work that there was a Lien that amassed over three hundred thousand dollars ($300,000.00) on this home, which is probably at my best estimate valued maybe at sixty [thousand dollars] ($60,000.00). So, they bought it, rehabbed it, got it all fixed, and have since made it a rental home. It hasn't caused us a problem since. However, now they want to sell it and are finding that their `As -Is' condition includes this Lien." Further comments. Concluding his presentation, Captain Deisler said, "We are going to request the recommendation of a standard ten percent (10 %) reduction, which will bring a total owed to the City of thirty -two thousand seven hundred and fifteen dollars ($32,715.00)." Much discussion ensued on unknown total costs incurred by the City, how the property may have been purchased by the owners without knowledge of the outstanding Lien, treating these Lien Reduction Request Cases individually, and what a fair price would be if a reduction was granted. Note: The Applicant was not present. "I WOULD MOVE TO RECOMMEND THE CITY COMMISSION REDUCE THE LIEN TO TEN THOUSAND DOLLARS ($10,000.00)." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. .5... AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 13 OF 15 PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2014CE002136 Bismark And Colleen Wheatley 223 Shore Road Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. Sec. 13 -2. (e) Stagnant Pool IPMC 302.7 Accessory Structures. IPMC 303.2 Enclosures. IPMC 304.9 Overhang Extensions. IPMC 304.11 Chimneys And Towers. IPMC 303.2 Enclosures. Date Of Service: December 19, 2014 Inspector: Terri Guerra This Case was pulled from the Agenda. ++++ ++++ AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. +V+ PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 12- 0028217 King And Sindy Smith 130 East Bahama Road Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris Date Of Service: December 9, 2014 Original Hearing: February 26, 2013 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "'WS-2' is the Return Certified Mail for tonight's Code Board (Hearing) and 'WS-3', which is the Affidavit of Posting for Code Board at the property for 130 (East) Bahama (Road) and here at City Hall." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 14 OF 15 Continuing, Corporal Flannigan testified, "On September 18th, 2014 I noticed junk and debris and an overgrown yard. There has been no contact with the owner since April of 2013 when he requested more time to complete the cleanup. He was cleaning up and his son was working on it as well. On January 25th, 2015 we had Officer Williams go out to the house over the weekend. He advised us that there were people on the property doing some cleanup work. They were in the process of moving out of the house. With their permission, he was able to take pictures while on the property. United States Postal Service website shows the Order of the Board delivered on March 14, 2013 from the original Hearing. Notice of Code Board was mailed on December 9th 2014 and Posted on the property and City Hall the same day. The Notice was returned `Unclaimed' the United States Postal Service." Photographs were shown from "WS -1 ", with further comments. Concluding his presentation, Corporal Flannigan said, "I am recommending the original Order of the Board be entered as a Lien." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. ++ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ++ CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 15 OF 15 REGULAR AGENDA - PART II REGULAR 705. Code Enforcement Division — Police Department CASE #13- 0029228 JP Morgan Chase Bank 629 Alton Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: September 24, 2013 Inspector: Christi Flannigan This Case was not heard. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 7:00 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 1 2015 Code Enforcement Board Regular Meeting.