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Home My WebLink About2013 08 26 Regular 601 Code Enforcement Lien Reduction - 245 East Tradewinds Road COMMISSION AGENDA Informational Consent ITEM 601 Public Hearings g Regular X August 26, 2013 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Michelle Barry for a reduction (partial release) of a Code Enforcement lien on property located at 245 E. Tradewinds Road. SYNOPSIS: As of July 16, 2013, the Code Enforcement Division has a lien on the subject property in the amount of$84,142.12. The case for reduction of the lien amount to no less than $3,740.02 was presented to the Code Enforcement Board on July 23, 2013. 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 of all costs to the City (both direct and indirect) of administering the lien. CONSIDERATIONS: This violation was first presented to the Code Enforcement Board (the Board) on July 17, 2012 where the owner was found to be in violation of the following sections of the City's Code of Ordinances: Section 20-411, Trailers in residential areas Section 13-2 (b), Junk and debris Section 13-2 (e), Stagnant pool Section 6-217, Poll enclosure In addition, the owner was found to be in violation of the following sections of the Regular 601 PAGE 1 OF 3-August 26,2013 International Property Maintenance Code: Section 304.2 Protective Treatment Section 302.7 Accessory structures The Order of the Board stated that the violations were to be corrected by August 10, 2012. The Board found the property in non-compliance on September 18, 2012 and issued The Order Imposing Penalty on First Violation on the same day. The owners of record at the time of the violation were Sidney and Julie Testerman. An Affidavit of Compliance was issued on May 9, 2013 for partial violations, for junk and debris, stagnant pool, and accessory buildings. A second Affidavit of Compliance was issued on June 11, 2013 for the remaining violations. In addition to bringing the violations into compliance, the applicant has expended substantial funds to upgrade the residence. When work is completed on the electrical, plumbing, drywall, flooring, cabinetry, counters, appliances, pool refurbishment, windows, and rear doors, the investment is estimated at over $50,000. To date, the cost of the work performed is approximately $30,000. FISCAL IMPACT: The request represents an $80,402.10 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 ($80,402.10) will remain an encumbrance on any and all real or personal property owned by the original violators, Sidney and Julie Testerman. 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 245 East Tradewinds Road from all but $3,740.02 of the lien. The balance of the lien ($80,402.10) will remain an encumbrance on any and all real or personal property owned by the original violators, Regular 601 PAGE 2 OF 3-August 26,2013 Sidney and Julie Testerman. As part of making this recommendation, staff has considered not only the work to bring the violations into compliance but also the large amount of additional work to upgrade the house as a primary residence. ATTACHMENTS: A- Code Board Presentation B-Minutes, Code Enforcement Board - July 23, 2013 Regular 601 PAGE 3 OF 3-August 26,2013 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 601 Consent Public Hearings X Regular July Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. r - J4�NTER G) CITY OF WINTER SPRINGS, FLORIDA U to \,incorporated 1126 EAST STATE ROAD 434 leyv ( I WINTER SPRINGS, FLORIDA 32708-2799 OF2t�p' \� TELEPHONE: (407)327-1800 FACSIMILE: (407) 327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#12-0027671 A Florida municipal corporation, Complainant, 14ARYANNE MORSE, CLERK OF CIRCUIT COURT 4MINDLE COMITY V. AK 07862 Pps 0988 - 989; Qpgs) CLERK'S # 2012114223 Sidney and Jules Testerman RECORDED 09/25/2012 01:59:59 PM 245 East Tradewinds Road RECORDING FEES 18.58 Winter Springs,Florida 32708 RECORDED BY J Eckenroth(all) 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 July 17, 2012 to determine whether any violations of the City of Winter Springs Code of Ordinances ("City Code") exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findines of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing,the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-59 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) 20-411. Trailers in Residential Areas, 13-2. (b) Junk and Debris, 13.2. (e) Stagnant Pool, 6-217. Pool Enclosure of the City Code, and IPMC Sections 304.2 Protective Treatment, and 302.7 Accessory Structures, as Adopted by Section 6-300 of the City Code, 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)20-411. Trailers in Residential Areas, 13-2. (b) Junk and Debris, 13.2. (e) Stagnant Pool, 6-217. Pool Enclosure of the City Code, and IPMC Sections 304.2 Protective Treatment, and 302.7 Accessory Structures, as Adopted by Section 6-300 of the City Code; 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. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12-0027671 JULY 17,2012 PAGE 2OF2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until August 10, 2012 to correct the violation(s) of the City Code on the Property; and 2. If Respondent fails to correct the violation(s) within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of TWO HUNDRED FIFTY DOLLARS ($250.00)per day until the violation(s) is/are corrected and full compliance is confirmed by the Code Enforcement Officer. Such tine shall be retroactively imposed commencing on July 17, 2012. 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; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s)and that the Code Enforcement Board, upon finding such repeat violation(s)exist(s) shall impose a fine not to exceed Five Hundred and Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s)is/are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09,Florida Statutes,and City of Winter Springs Code,Chapter 2,Article III,Divisipn-2: ,,, S, DONE AND ORDERED at Winter Springs, Florida,this 18th day of July 2012. CODE ENFORCEMENT$%ftD4THE CITY OF WINTER SPRIN&J'FLORIDA �+ " ' °. Laur - eigh airperson j T"°'°J��t�`N Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5657 3193 Sidney and Jules Testerman,Respondent City of Winter Springs,Case File#12-0027671 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 go day of 12012. Sean 13 ud ,Board Secretary CQZrpIAINT 12-0027671 CITY OF WINTER SPRnM, FLORIDA ADDRESs:245 E Tradewinds Rd CODE E1ff0FC0MWf BQARD, Winter Springs,FL 32708 Petitioner, V. Sidney&Julie Testerman Respondent. ABFIDAVIT OF COMPLIANCE WITH OEMER OF 4tltM 5PR2NGS CME7iR+0�CLffi,= HOARD �n STATE OF rFLORM '(,�Ord 1,3- � �� , � ' ` b[ OF � y S.S.: -T-PMQI 302.' BEFORE ME, the undersigned authority, personally appeared ChnstiFlannigan _ -- Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says; 1. That an May g_ _ , 2013 the code Fnforcmmt Board held a public hearing and issued its Order in the above styled matter. 2. That, Pursuant to said Order, Respondent %vas to have taken certain corrective action, by or before &u ust 10 e 20_L2_ , 3. That a reinspection wes performed on may_-8 20_L3_. 4. That the reinspection revealed that the corrective action ordered by the Code Enforcanent Board has been taleen. FLMTHM AF'FIANT SAYEIH NOT. DATED this --q—day of 20_2. 3MAA&k Awmaal- Signature of Code irmpectdof SPXNW TO and subsa ,bed before me this �day ofV-vl �%..V, AKER Notary Public•State a1 Florida; My Comm.Expires Jan 10.2016 ARY IC - MTE OF Commission N EE 158530 1!LEA ,, DOWN Through National fifty Asia. My Coe<aission Expires: WSFD 117 Rev 12-11-90 Off. HO.: 12-0027671 CITY OF WII+tTffit SPRINGS, FLoRInn ADDRzw:245 E_Tradewinds Rd_ CODE ITT BOARD, Winter Springs, FL 32708 Petitioner, - V. Sidney&Jules Testerman art. AFFIDAVIT OF a2PLIANCE WITH MMM OF 6+TIIPTER SPR NGS CODE EH8O1tCH4 BOARD STATE OF FZARYDA S.S.: __ a xwry OF S@+0[MME } _l.-_, Pft 30 1..z M-7 I BEFORE 1M, the undersigned authority, personally appeared C, Flannigan -- _. Code Inspector for the City of Winter Springs, who. after being duly sworn, deposes and says: I. That on Jul-17 . 2012 , the Code Enforcemient Board held a public hearirp and is:suad its Order in the alive styled matter. 2. That, pursuant to said Order, Resporrknt was to have taken certain corrective action by our before Auclust 10 2012 3. That a reinspection was performed on June 10 �, Zo13 4. That the reinspectfon revealed that the corrective action ordered by the Cade Enforo ment Board has been taken. FURIHR AFFIAM SAYEM HOT. DATED this day of TU V7 P— 20+._1 . Signature of Code Lispector SWORN To and subscribed bef s>s this 4I day NOTARY Pg=C - STATE OF FLORIDA My Cemmission Expirems: ; TERRY T.BAKER . Ntdary PuhliC-slate of i brida • Ally Comm_Expkes 40 10.2016 Commission#EE t'.i$sw ' +if Bonded TRtmga Nome NagryAssn. WSPD 117 Rev 12-11-90 RE: 245 East Tradewinds Winter Springs, Florida - Testerman Property Page 1 of 2 RE: 245 East Tradewinds Winter Springs, Florida - Testerman Property Randy Stevenson sent: Monday,July 15, 2013 4:25 PM To: Christi Flannigan 4`h rist'i, Please send me the backup on this request.. Do I need to be at the rneet'ing? Dandy Stevenson, ASLA, AICP Community Development Director City of Winter Springs 1126 East R 4311 Winter Springs, FL 32708 (407) 327.5970 Cell (321) 698-6568 From: Christi Flannigan Sent: Monday, July 15, 2013 9:13 AM To: Darrell Nunnelley; Randy Stevenson Cc: Chris Deisler Subject: RE: 245 East Tradewinds Winter Springs, Florida - Testerman Property I have placed this on the Agenda for 7-23-13 at 5:30pm for reduction request. Thanks Christi D. Flannigan Code Enforcement Division Winter Springs Police Dept. 300 N. Moss Rd. Winter Springs, FL 32708 cflannigan @winterspringsfl.org 407-327-1800 Ext. 466 Fax 407-327-6652 From: Darrell Nunnelley [dgnremax @aol.com] Sent: Wednesday, July 10, 2013 2:02 AM To: Randy Stevenson; Christi Flannigan Subject: 245 East Tradewinds Winter Springs, Florida - Testerman Property Mr. Stevenson Please let me know if Michelle Barry has been added to the Agenda for a lien reduction and settlement Thanks for your help on this project. Darrell Nunnelley Remax 200 Realty http s://ws-ch-mail-caht/owa/?ae=Item&t=IPM.Note&id=RgAAAABkonJdsofMTKJNH6r... 7/16/2013 RE: 245 East Tradewinds Winter Springs, Florida - Testerman Property Page 2 of 2 407.467.8069 Cell 407.217.5458 Office 407.217.5306 Fax DgnRemax @aol.com DarrellNunnelley@remax.net Skype: darrell.nunnelley www.DarrelISelIs.com -----Original Message----- From: Darrell Nunnelley <dgnremax(a)aol.com> To: rstevenson <rstevenson(a�winterspringsfl.org>; cflannigan <cflannigan �winterspringsfl.org>; klatorre <klatorre @orlandolaw.net>; imabarry <imabarry @yahoo.com> Sent: Thu, Jul 4, 2013 10:23 pm Subject: 245 East Tradewinds Winter Springs, Florida -Testerman Property Mr. Stevenson: Please accept this email request on behalf of Michelle Barry, the new Owner of 245 Tradewinds Winter Springs, Fl. for her to be added to the Agenda for the July 23, 2013 Meeting to request a lien reduction now that the code violations from the previous Owners -Testerman - have been corrected and the property is now in full compliance and the affidavit of compliance has been issued. We are able to have the application fee paid and paperwork submitted on Friday July 5, 2013 if possible. Any help you can offer will be greatly appreciated. Darrell Nunnelley Remax 200 Realty 407.467.8069 Cell 407.217.5458 Office 407.217.5306 Fax DgnRemax(d-)aol.com DarrellNunnelley @remax.net Skype: darrell.nunnelley www.DarrellSells.com http s://ws-ch-mail-caht/owa/?ae=Item&t=IPM.Note&id=RgAAAABkonJdsofMTKJNH6r... 7/16/2013 Code Enforcement Division Case #12-0027671 Address: 245 E. Tradewinds Rd. Sidney & Jules Testerman Sec. 2-61.5 Reduction of Lien Request Non- Compliance Hearing Date: September 18, 2012 Inspector — Christi Flannigan Code Enforcement Division • This violation was first presented to the Code Board at the July 17, 2012 hearing. It was found in violation. • The Order of the Board stated that the violations were to be corrected by August 10, 2012. • The Code Enforcement Board found the property in non- compliance on September 18, 2012. • The owner of record at that time was Sidney & Julie Testerman, The owner of record at this time is Michelle Barry. Code Enforcement Division • Affidavit of Compliance was issued May 9, 2013 for partial violations, for junk & debris, stagnant pool, and accessory buildings. • A second affidavit of compliance was issued on June 11, 2013 for the remaining violations. 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 JAL ��IOQIC��," 'rK �` ; 7;�rtx�� i1y'�� '�►y�'�'r�'��►;, r K �{p�'�}�h f'�`� �f,"ef, ,, __' y _� %-t+w� � _,� 4.. 'tisyt3•v� •.' +SE ;P.. � ', ft r fr. . i err ,° 't � l Lip:, -,,�' ♦ "[.-�! y�. Photo from the Non-Compliance September i Code Enforcement Division Photo from the Non-Compliance Hearing in I T September Code Enforcement Division ► .. ., From the Non-compliance 1 i tl on Sept. • 1 �` F I 0010 �," t'1 R S! T f i � n• L S� J � - v a� -� t Z 70' _ r � � 1 Code Enforcement Division z 7V �,,,V � AAA VAAAAVAAAA VAAAA V:�\�A V,�A Draining of pool on 7-19-12, The pool Code Enforcement drained from Non-compliance hearing Code Enforcement Division 0 ALL- � I The covering of the pool that Code Enforcement paid to have done. Code Enforcement Division LIMIT N S' 1 From the corner of Tradewinds Rd. and Sunrise Code Enforcement Division Side of house, from Sunrise 7-16-13 � a5 Code Enforcement Division Current photo a se.• 1�iegY Y 1 - {�ti , _�' �c�'", r -WiLSTB PRO 107 77aLOm�n .1 _-� •. 7-16-13 Photo of where the Red accessory building Code Enforcement Division The amount of the lien is approximately $84,142. 12 as of July 161 2013. This includes the Code Board lien from the hearing on July 17, 2012 for $82,250.00 and a filing fee of $18.50. A lien for the draining and covering of the pool for $1438.23 on September 7, 2012. Grass cutting liens for $310 on July 17, 2012, and $125.39 on October 10, 2012. Administration time, City representative time $1,810.90 Code Enforcement Division Code Enforcement is recommending that if the Board orders a reduction that the reduction is no less than $3740.02, this includes administrative time, grass liens, and pool draining lien, and the recording fees (times 3 for three liens that are filed). CITY OF WINTER SPRINGS,FLORIDA DRAFT EXCERPT-MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 2013 CALL TO ORDER The Regular Meeting of Tuesday, July 23, 2013 of the Code Enforcement Board was called to Order by Chairperson Laura-Leigh Wood at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Laura-Leigh Wood, present Vice Chairperson Hugh Fisher, absent [Excused] Board Member Laurie Bates Calhoun,present Board Member Carole Giltz, absent [Excused] Board Member Marvin Kelly, absent [Excused] Board Member Gregg Roero,present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre,present Assistant to the City Clerk Sean Beaudet,present Chairperson Wood stated "Please let the Record reflect that Board members (Carole) Giltz, (Marvin)Kelly, and Vice Chair(Hugh)Fisher were absent and `Excused"'. Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. REGULAR AGENDA REGULAR 600. Code Enforcement Division—Police Department Case# 11-0026183 Robert Carneal 443 Alderwood Street Winter Springs, Florida 32708 Sec. 2-61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Non-Compliance Bearing Date: October 18,2011 Inspector: Christi Flannigan And Community Development Department Captain Chris Deisler presented the Case on behalf of Inspector Christi Flannigan. 01fZ CITY OF WINTER SPRINGS,FLORIDA Q DRAFT EXCERPT MINUTES CODE ENFORCEMENT BOARD 9 4 REGULAR MEETING-JULY 23,2013 PAGE 2 OF S Continuing, Captain Deisler submitted into Evidence, "'WS-l', which is our presentations for both(Regular)Hearings—I'll refer to it in the next presentation; 'WS-2' i for this Case is the copy of the original Order of the Code Board; 'WS-3' is the Affidavit um Compliance for the Violations; and 'WS-4' is the consideration letter from the Applicant, with regard to this matter and his request." In addition, Captain Deisler mentioned for the Record, "I would like to note that Mr. Randy Stevenson (Director) from Community Development is also present, as it relates to this Case." _ Furthermore, Captain Deisler stated, "This Violation was first presented to the Code Board at the October 18t', 2011 Hearing by Inspector Christi Flannigan. It was found in Violation. The Order of the (Code Enforcement) Board stated that Violations that she wrote were to be corrected by November 1st, 2011. The Code Enforcement Board found the property in Non-Compliance on December I Ith, 2011. The Owner of Record at that time was Laura Francis and GMAC (General Motors Acceptance Corporation). The Owner of Record at this time is Mr. Carneal." Comments followed on the procedure to satisfaction or release a Code Enforcement Lien as set forth in the City of Winter Springs Code of Ordinances. Next, photographs were shown from 'WS-l' and Captain Deisler confirmed that the Violation had been corrected. Lastly, Captain Deisler noted the Lien totaled "Approximately eighty-six thousand five hundred eighteen dollars and fifty cents ($86,518.50) as of July 16, 2013. However, given the timelines and the nature of which this Violation was remedied, going forward in a way that's consistent that we've done in the past, the recommendation that we have is that this Lien not be reduced any further than one thousand thirty-four dollars and eighty cents($1,034.80)which represents our costs, our time, and our manpower." Chairperson Wood inquired, "Could you give me the date that the Certificate of Title was placed in Mr. Carneal's name?" Captain Deisler answered by saying, "October of 2012." Board Member Wentz then asked, "Then the only issue was the fence issue?" Captain Deisler replied, "That is my understanding Sir." Further discussion. Mr. Robert Carnal, 2365 Pine Meadows Place, Chuluota, Florida: noted that the Alderwood Street property was an investment property; the property was purchased at auction and Mr. Carnal subsequently found the Lien existed on the property; and that Mr. Carneal corrected the issue immediately and had Code Enforcement Staff conduct a re-inspection to confirm the property was in Compliance. Discussion ensued on the Lien reduction amount. Chairperson Wood asked Mr. Carnal if he was satisfied with the reduced lien amount. Mr. Carneal stated, "I'm happy." Further discussion. A CITY OF WINTER SPRINGS,FLORIDA DRAFT EXCERPT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 3 OF 5 In regards to the Lien reduction process, Chairperson Wood inquired of Captain Deisler "Will your office be notifying him and telling him the outcome of the City �. Commissioners response to this?" Captain Deisler answered, "The way the Code is written now, Community Development Department takes this and puts it on the next Commission Agenda - and if I'm not mistaken, in the past, I think that follow up has come from their office." Chairperson Wood stated, "Is that correct Randy?" Mr. Iwo Stevenson nodded in agreement. LL. "I MAKE THAT MOTION TO REDUCE IT — TOTAL DUE - ONE THOUSAND THIRTY-FOUR DOLLARS AND EIGHTY CENTS ($1,034.80) FROM THE ORIGINAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN.DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR 601. Code Enforcement Division—Police Department Case# 12-0027671 Michelle Barry 245 East Tradewinds Road Winter Springs,Florida 32708 Sec.2-61.5.Application For Satisfaction Or Release Of Code Enforcement Liens. Non-Compliance Hearing Date: July 17,2012 Inspector: Christi Flannigan And Community Development Department Captain Deisler presented the Case on behalf of Inspector Flannigan and offered into Evidence, "'WS-l', which is that CD (Compact Disc) that you have before you; 'WS-2' which is a copy of the original Order of the Board; 'WS-3' which is an Affidavit of Compliance for the Junk and Debris Violation; 'WS-4' is an Affidavit of Compliance for the IPMC (International Property Maintenance Code) Violations; 'WS-5' is a consideration email from the Applicant's Realtor; 'WS-6' is a consideration letter from the Applicant,Ms. Barry." Further comments. Continuing with the presentation, Captain Deisler "'17us Violation was first presented to the Code Board at the July 17th, 2012 Hearing, found in Violation - the Order of the Board stated the Violations were to be corrected by August 10th, 2012. The Code Enforcement Board found the property in Non-Compliance on September 18th, 2012. As I mentioned earlier, the Owner of record at the time were the Testermans. The Owner of record at this time is Michelle Barry. A CITY OF WINTER SPRINGS,FLORIDA DRAFT EXCERPT MINUTES ^�• CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 4 OF 5 Affidavit of Compliance was issued May 9th, 2013 for partial Violations for the Junk and Debris,the stagnant pool, and accessory buildings; and a second Affidavit of Compliance was issued on June 11th, 2013 for the remaining Violations." Photographs were shown from the submitted Evidence"WS-1". Discussion. Chairperson Wood asked, "The City secured the pool?" Captain Deisler replied, "Yes- I can tell you that if you are at all familiar with what those pictures reflected—what work u um has been done to this property is nothing short of miraculous, in my opinion. Clearly, there has been intensive work done to this property. (Inspector) Christi Flannigan has told me, I think she has also been inside quite a few times." Further discussion. Concluding, Captain Deisler noted the total Lien amount was "Eighty-four thousand one hundred and forty-two dollars and twelve cents ($84,142.12) as of July l th. That includes Code Board Liens from the Hearing on July 17th, 2012 for eighty-two thousand two hundred and fifty dollars ($82,250.00) and Filing Fees of eighteen [dollars] fifty [cents] ($18.50). A Lien for draining and covering the pool for fourteen hundred and thirty-eight dollars and twenty-three cents ($1,438.23) on September 7h, 2012; and a few grass cutting Liens that we had where we had to send over a city contractor to maintain and mow the yard— for three hundred and ten dollars ($310.00) on July 170, 2012; and again, for a hundred and twenty-five dollars -on October 10th, 2012. With administrative time, City representative time, Stag time, and what not, I think we are down to one thousand eight hundred and ten dollars and ninety cents ($1,810.90). Again, Code Enforcement is requesting or recommending the (Code Enforcement) Board Order's reduction, that the reduction is no less than three thousand seven hundred and forty dollars and two cents($3,740.02)." Further discussion. Assistant to the City Clerk Beaudet swore in Ms. Barry who would provide Testimony during the Hearing. Ms. Michelle A. Barry, 110 Aspen Place, Longwood, Florida: asked if the Lien could be further reduced or released completely, due to the financial hardship, as she could use the finances to finish working on the property, rather than paying the reduced Lien amount. Chairperson Wood said, "Do you understand though that the costs, he enumerated - Captain Deisler, those are the actual costs. Those aren't padding at all. That is the actual cost that they've had to pay people to come out and do it." Ms. Barry replied, "Understood. I figured I might as well ask." Further discussion. CITY OF WINTER SPRINGS,FLORIDA DRAFT EXCERPT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2413 PAGE 5 OF 5 Board Member Wentz noted, "I don't see how we can reduce it below that and have the Commission approve it." Captain Deisler added, "If it helps,just bear in mind too that the money that we recoup from this type of reduction goes right back into our General Fund Budget for replenishment - being able to do this to other distressed properties. It has a specific function and we are fortunate to be able to do that." Further comments. �r.rra "I WILL MAKE A MOTION TO REDUCE THE ORIGINAL LIEN AMOUNT DOWN TO THREE THOUSAND SEVEN HUNDRED FORTY DOLLARS AND TWO CENTS ($3,740.02)." MOTION BY BOARD MEMBER WENTZ. ASSISTANT CITY ATTORNEY LATORRE INQUIRED, "AND THAT'S A RECOMMENDATION?" BOARD MEMBER WENTZ STATED "A RECOMMENDATION, RIGHT." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. RESPECTFULLY SUBMITTED: SEAN BEAUDET,ASSISTANT TO THE CITY CLERK