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HomeMy WebLinkAbout2013 03 11 Regular 601 Code Enforcement Lien Reduction Request for 744 Sherwood DriveCOMMISSION AGENDA ITEM 601 March 11, 2013 Regular Meeting Informational Consent Public Hearings Regular X KS RS City Manager Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of the Federal National Mortgage Association /SunTrust Bank for reduction (partial release) of a Code Enforcement Lien on property located at 744 Sherwood Drive. SYNOPSIS: As of February 20, 2013, the Code Enforcement Division has a lien on the subject property in the amount of $35,965.52. The case for reduction of the lien amount to no less than $1,065.52 was presented to and recommended for approval by the Code Enforcement Board on February 26, 2013. 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 this lien. CONSIDERATIONS: The Code Enforcement Board first issued an order on November 15, 2011 for correction of violation comprised of: • Accumulation of Trash and Debris • No House Numbers • Tree Trimmings Bundled The Order of the Code Enforcement Board stated that the violations were to be corrected by November 30, 2011. The Code Enforcement Board found the property to be in noncompliance on January 17, 2012. The lien grew at a rate of $100 /day until amounted to Regular 601 PAGE 1 OF 2 - March 11, 2013 $35,965.52. Seminole County Public Records show that Federal National Mortgage /SunTrust applied for Certificate of Title on June 12, 2012. The case for lien reduction was presented to the Code Enforcement Board on February 26, 2013. The Code Enforcement Board voted to recommend to the City Commission that the lien be reduced to no less than $1,065.52, which 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 this lien.. The original amount of the lien is $35,965.52 on January 17, 2012. The owner at the time of the violation was Manual Sarnes. The new owner of record is the Federal National Mortgage /SunTrust. FISCAL IMPACT: The request represents a $34,900.00 reduction in the amount to be collected and credited at this time to the City's General Fund. Because staffs recommendation is for a partial release of the lien, the balance of the lien ($34,900.00) will remain an encumbrance on any and all real or personal property owned by the original violator, Manual Sarnes. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department, 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 744 Sherwood Drive from all but $1,065.52 of the lien. The balance of the lien ($34,900.00) will remain an encumbrance on any and all real or personal property owned by the original violator, Manual Sarnes. ATTACHMENTS: A - Code Board Presentation B - Minutes, Code Enforcement Board - February 26, 2013 Regular 601 PAGE 2 OF 2 - March 11, 2013 Code Enforcement Division Attachment A Case #11- 0026940 744 Sherwood Dr. Federal National Mortgage /SunTrust Sec. 2 -61.5 Reduction of Lien Non- Compliance Hearing Date: January 17, 2012 Inspector — C. Flannigan Code Enforcement Division • This violation was first presented to the Code Board at the November 15, 2011 hearing; it was found in violation. • The Order of the Board stated that the violations were to be corrected by November 30, 2011 or $100.00 /day fine imposed. • The Code Enforcement Board found the property in non- compliance on January 17, 2012. • The owner of record at that time was Manuel Sarnes. The owner of record on February 25, 2013 is Suntrust Mtg. Code Enforcement Division • The Affidavit of Compliance was issued on November 16, 2012. • Seminole County Public Records shows that Federal National Mortgage /SunTrust applied for Certificate of Title June 2012 according to the Seminole County Property Appraiser website. Code Enforcement Division • Sec. 2 -61.5 Of City Ordinance covering the application for satisfaction or release of code enforcement liens. • The ordinance indicates that a reduction may be requested to the Community Development Director • 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. Code Enforcement Division Photo from the Non - Compliance Hearing in January 2012 Code Enforcement Division Current photo where the tree trimmings were laying Code Enforcement Division Current photo where there were no house numbers Code Enforcement Division The amount of the lien is approximately $35,965.52 as of February 20, 2012. Community Development Division and staff is recommending that the lien not be reduced any further than $1065.52 which covers costs incurred by the City. This based on the quickness of the response once ownership was transferred after the lien was put into place. Attachment B E... C1TY OF WINTER SPRINGS, FLORIDA Usx MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — FEBRUARY 26, 2013 CL REGULAR 603. Code Enforcement Division — Police Department Case # 11- 0026940 Federal National Mortgage Association /SunTrust Bank 744 Sherwood Drive Winter Springs, Florida 32708 Sec. 2 -613. Application For Satisfaction Or Release Of Code Enforcement Liens. Non - Compliance Hearing Date: January 17, 2012 Inspector: Christi Flannigan And Community Development Department Inspector Flannigan presented the case and noted "Violation was first presented to the Code (Enforcement) Board on November 15th 2011. It was found in Violation. The Order of the Board stated the Violations to be corrected by November 30th, 2011 or one hundred dollar a day fine imposed. Code Enforcement Board found the property in Non - Compliance on January 17th, 2012. The Owner of Record at the time was Manual Sarnes. The Owner of Record on February 25th (2012) is SunTrust Mortgage. Affidavit of Compliance was issued on November 16th 2012. The Seminole County Public Records show that Federal National Mortgage /SunTrust applied for (Certificate of) Title in June 2012." Photographs were shown from the PowerPoint Presentation (WS -1). Discussion. Next, Inspector Flannigan explained that the Lien amount totaled $35,965.52. Staff was recommending the amount not be reduced any less than $1,065.52, to cover the costs incurred by the City. M. Tiffany Christiansen, 672 Wishaw Lane, Winter Springs, Florida: Explained the Certificate of Title was issued to Fannie Mae /SunTrust on June 12, 2012; Received the property November 22, 2012 to start property management; were asking for a price reduction of the lien as recommended by city staff. "I MOVE TO RECOMMEND THAT THE CITY COMMISSION REDUCE THE LIEN TO ONE THOUSAND SIXTY FIVE DOLLARS AND FIFTY TWO CENTS ($1,065.52)." MOTION BY BOARD MEMBER GILTZ. SECONDED BY WENTZ. DISCUSSION. BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED.