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HomeMy WebLinkAbout2014 07 28 Regular 601 111 Elderwood Lien Reduction RequestCOMMISSION AGENDA ITEM 601 REQUEST: Informational Consent Public Hearings Regular X July 28, 2014 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 Premium Title Services for reduction (partial release) of a Code Enforcement Lien on property located at 111 Elderwood Street. SYNOPSIS: As of August 9, 2011, the Code Enforcement Division has a lien on the subject property in the amount of $15,300.00. The case for reduction of the lien amount to no less than $2,560.00 was presented to the Code Enforcement Board on July 19, 2011. The Code Enforcement Board voted to make a recommendation of approval for the lien reduction request. The reduced lien amount represents the fine for the number of days the property was in violation under the new owner as well as the total costs to the City (both direct and indirect) of administering the lien. After further consideration of the details of the case, the Community Development Department is recommending a reduction of the lien amount to no less than 10% of the original lien ($1,530.00) plus cost in the amount $1,030.00 for a total amount to be paid of $2,560.00. CONSIDERATIONS: This violation was first presented to the Code Enforcement Board (the Board) on July 19, 2011 where owner was found to be in violation of Section 6 -195 of the City's Code of Ordinances dealing with the maintenance of fences and walls. The Board issued an Order Imposing Penalty on First Violation on July 28, 2011. This Order of the Board stated that the violations were to be corrected by August 9, 2011. The Regular 601 PAGE 1 OF 3 - July 28, 2014 Board found the property to be in a state of non - compliance on November 15, 2011. The owner of record at that time of the violation was Wesley L. Smith. An Affidavit of Compliance was issued on December 9, 2013, finding that the corrective action ordered by the Board had been taken. The current owner of the property is Deutsche Bank National Trust Company. Staff has engaged in further review of this request based upon several factors. • Current owner is not the original violator • Gravity of the violation /cost to cure /additional investment beyond cost to cure (minor) • Time to Compliance (less than 6 months) • Previous violations by the owner (no) Based upon the information presented above, staff is recommending a lien reduction of 90 %, ($13,770.00), leaving a balance to be paid of $1,530.00. In addition to the reduced lien amount, the City's costs of $1,030.00 will be added to the amount for a total to be paid by the applicant of $2,560.00. FISCAL IMPACT: The request represents a $13,770.00 reduction in the amount to be collected and credited at this time to the City's General Fund. Because of staff s recommendation for a partial release of the lien, the balance of the lien ($13,770.00) will remain an encumbrance on any and all real or personal property owned by the original violator, Wesley L. Smith. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission approve a partial release of lien, releasing the property at 111 Elderwood Street from all but $1,530.00 of the original lien. Regular 601 PAGE 2 OF 3 - July 28, 2014 After further consideration of the case and the criteria previously detailed, the Community Development Department is recommending that the partial lien reduction be to an amount no less than $1,530.00, which represents 10% of the original lien amount, plus the City's costs to administer the lien in the amount of $1,030.00, for a total to be paid by the applicant of $2,560.00. The balance of the lien, ($13,770.00) will remain an encumbrance on any and all real or personal property owned by the original violator, Wesley L. Smith. ATTACHMENTS: A - Code Board Presentation B - Minutes, Code Enforcement Board - July 19, 2011 Regular 601 PAGE 3 OF 3 - July 28, 2014 Attachment "A" Code Enforcement Division Case Number: 11- 0025742 Address: 111 Elderwood St. Applicant: Premium Title Services Sec. 2 -61.5 (Reduction of Lien Request) Non- Compliance Hearing Date: November 15, 2011 Inspector — Christi Flannigan Code Enforcement Division • This violation was first presented to the Code Board at the July 19, 2011 hearing. It was found in violation. • The Order of the Board stated that the violations were to be corrected by August 9, 2011. • The Code Enforcement Board found the property in non- compliance on November 15, 2011. Code Enforcement Division • The owner of record at that time was Wesley Smith. The owner of record at this time is Deutsche Bank Trust CO TR. • The violation was: City Ord. 6 -195 (Fence in Disrepair) • The fence has been replaced in the areas that had broken slats and a broken gate. Code Enforcement Division • Sec. 2 -61.5 of City Ordinance covers the application process for satisfaction or release of code enforcement liens. The ordinance indicates that a reduction may be requested to the Community Development Department. There is an application process that was to be met by the respondent prior to this hearing. • (5) 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. Code Enforcement Division • (6) Upon review of the application and any testimony presented, the Code Enforcement Board shall recommend to the City Commission approval, approval with conditions, or denial of the application for satisfaction or release of lien. • The Code Enforcement Board, in determining its recommendation, shall consider the following factors: a. The gravity of the violation; b. The time in which it took the violator to come into compliance; c. The accrued amount of the code enforcement fine or lien; Code Enforcement Division d. Any previous or subsequent code violations; e. Any financial hardship; (7) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; (8) 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 for satisfaction or release of lien. I �vn!inlj ��' '�1R L4, 11 -9 -11: Original photo from non-compliance hearing A'I z s * .4 4 11 -9 -11: Original photo from Non - compliance hearing J• 11 -9 -11: Original photo from Non - compliance hearing ► J � t L. tA w • � .. r +&I I 14 f ■I 1 ' J 40' .00 AM • -- s w,n r -"sue L.�rd `i, * L 1^`� }> c - -.. - �� f-�- � � to _ t , kr _ a t � . .06 13.2014 VO jp A. j4l r I _ A �.�]�� =S 06'.1'3.2014 6- 13 -14: The right side of the fence Code Enforcement Division The amount of the lien is approximately $15,300.00. The recommendation is that the lien not be reduced any lower than a total due of $2,560.00. This accounts for staff costs, costs incurred to file the liens and present cases, and a standard 10% reduction of the total owed the City for a new owner who is not going to reside in the home, per City policy. Attachment II B II CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 19, 201 1 PAGE 7 OF 15 PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #11- 0025742 Wesley Smith 111 Elderwood Avenue Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — June 30, 2011 Inspector — Christi Flannigan Chairman Wood asked Inspector Christi Flannigan, Code Enforcement Division, Police Department, "Will you be presenting this evening ?" Inspector (Christi) Flannigan replied, "Yes. I would like to submit `WS 1'. It's a CD of the presentations." Next, Inspector (Christi) Flannigan noted, "I would like to also present `WS 2' and `(WS) 3' for this Case. They are both Affidavits of Posting." Inspector (Christi) Flannigan began her PowerPoint presentation and began Testimony stating, "This Violation was first observed on March 29th, (2011). The fence is missing several slats and it's falling into the neighbor's yard." Continuing, Inspector (Christi) Flannigan mentioned, "A Notice of Code Violation was mailed to the owner of record on April 14th, (2011). The letter was returned `Unclaimed' on May 13th, (2011). The property has been routinely checked and was found to still be in Violation as of today. There's been no corrective action and no contact from the property owner. A Certified Mail of the Code Board of Hearing was mailed return receipt on June 30th, 2011. There's been no return of the item. The first class mail has not been returned at this time. The property was posted June 9th, (2011) by Inspector (Butch) West. We are asking for Finding of Fact and Relief." Photographs of the property in Violation were shown to those present and Inspector (Christi) Flannigan provided the Board with her recommended time to fix the Violation and suggested Fine. Chairman Wood asked, "Is it Vacant ?" Inspector (Christi) Flannigan replied, "Yes it is." Further descriptions of the photographs were provided. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 201 1 PAGE 8 OF 15 Chairman Wood inquired, "Do you look at the electricity — do you look at the meter ?" Inspector (Christi) Flannigan responded, "If it's easily accessible. I do go up and look and see if it's running." Inspector (Christi) Flannigan then mentioned that the property was not in foreclosure. Discussion. Chairman Wood announced, "I would like for the Record to show that there is no Respondent here." "I MOVE TO FIND WESLEY SMITH IN VIOLATION OF THE CITY CODE SECTION 6 -195 AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 9TH, 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #11- 0025989 Jennifer Norris And Jonathan Wall 672 Cheoy Lee Circle Winter Springs, Florida 32708 Section 6 -217. (No Pool Enclosure) Date Of Service: Proof Of Delivery July 5, 2011 Inspector — Jim Flannigan This Case was not brought to this Hearing.