HomeMy WebLinkAbout2021 09 27 Regular 500 - Appeal of the Petition for Lien Reduction or Release of Lien for the Estate of Mel D Hall 629 Alton Road • REGULAR AGENDA ITEM 500
Incnrinreted CITY COMMISSION AGENDA I SEPTEMBER 27, 2021 REGULAR MEETING
1454
TITLE
Appeal of the Petition for Lien Reduction or Release for the Estate of Mel D
Hall 629 Alton Road
SUMMARY
At the August 9, 2021 Commission Meeting, Regular Agenda Item 503 was presented
to the Commission requesting the Commission review the decision made on the
Petition for Reduction or Release of Code Enforcement Lien submitted by Ms. Clifton
on behalf of the estate of her brother, Mel D Hall.
On May 3, 2021 Ms. Clifton filed a petition for Reduction or Release of Code
Enforcement Lien on behalf of her deceased brother's, property located at 629 Alton
Road. Mr. Hall's property had fallen into disrepair. The Code Enforcement Board took
up this issue at its meetings in August and September 2020. Mr. Hall was not present
at either meeting.The Code Enforcement Board issued a fine of$150 per day
beginning September 15, 2020 until corrective actions were taken.After Mr. Hall's
death on April 6, 2021, his sister and personal representative of his estate, Ms. Sherry
Clifton, learned of the lien and addressed the items that were in need of repair.
At the August 9th meeting, she presented the cost of the repairs which totaled
approximately $1,500.00. She also sited her brother's failing health which lead
to poor decisions and lack of responsiveness to the code violation citations,
and the debt that her brother took out against the property. Her appeal is for
a full release or at best, a significantly reduced fine acknowledging that staff
has put time into this matter.
Recognizing that the probate process can take time and wanting more information to
assess an make a fair decision, the Commission requested that Ms. Clifton be given
time to gather the accounting related to her brother's property and to bring that
information back to the Commission at a future date. This would provide the
Commission with more facts to review her request and render a fair decision. Ms.
Clifton has provided that summary of the debts incurred by her brother and is
attached hereto.
238
RECOMMENDATION
Staff recommends that, in accordance with Section 2-61 .5 of the City Code,
the Commission consider the additional financial information submitted by
Ms. Clifton and render a final decision.
239
Summary of Documents from Regular Agenda 503 August 9,2021,Appeal of Lien Reduction 629 Alton Road
• Code Enforcement Case 2020CE0001564
• Petition for Reduction or Release of Code Enforcement Lien
• Response to Petition for Reduction or Release of Code Enforcement Lien
• Request to appeal the decision for a reduction of 109
240
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REC FEE$18.50
o - �z CITY OF WINTER SPRINGS, FLORIDA
V fq 1126 EAST STATE ROAD 434
• �' t959 • WINTER SPRINGS,FLORIDA 32708-2799
it TELEPHONE:(407)327-1800
Q�Dwet FACSIMILE: (407)327-4753
WEBSITE:www.winterspringsfl.org
CODE ENFORCEMENT BOARD
THE CITY OF WINTER SPRINGS, Case#2020CE0001564
Petitioner,
V.
MEL D HALL,
Respondent,
ORDER IMPOSING FINE [FIRST VIOLATIONS
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 23, 2021 to determine whether
the above-referenced Property is currently in compliance with the City of Winter Springs Code of
Ordinances("City Code"),and whether an order imposing fine(first violation)should be entered against
Respondent.
The Board, having heard the arguments of the parties and the evidence presented, and having
reviewed the record and being otherwise fully advised, issues the following Findings of Fact and
Conclusions of Law 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
("Board")finds:
1. That the property at issue in this matter is located at 629 Alton Road, Winter Springs,
Florida, 32708 and is assigned the following Parcel ID#: 02-21-30-502-OA00-0050 ("Property"). The
Property is owned by Mel D.Hall.
2. That the Respondent was provided a Notice of Hearing for the February 23,2021 hearing,
in accordance with Section 2-59, 2-60 and 2-61 of the City Code, consistent with sections 162.06 and
162.12,Florida Statutes, and was not present at the hearing.
3. That the Board previously heard matters relating to the City Code violations of the Property
on August 25, 2020 at which time the Board issued its Findings of Fact, Conclusions of Law and Order
(First Violation), finding the Respondent in violation of Sections 6-195 Maintenance of Fences, City
Code; 302.7 Accessory Structures, IPMC; and 304.9 Overhang Extensions, IPMC, requiring the
Respondent to take certain corrective action(s) by September 15, 2020, as more specifically set forth in
that Order.
241
InstrumentF LULI UZ140f
CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER#2020CE001564
FEBRUARY 23,2021
PAGE 2 OF 2
4. That Respondent either failed or refused to correct such violations by the date provided in
the Board's prior Order,and, thus,continues to be in non-compliance with the City Code.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. That the Respondent pay to the City of Winter Springs a fine in the amount of ONE
HUNDRED AND FIFTY DOLLARS ($150.00) for each and every day the violation(s) existed and
continue(s) to exist past the 15tb day of September, 2020 which was the Board-ordered date for
compliance. The daily fine shall continue to accrue until the Respondent reports compliance to the City,
and, such compliance is confirmed by the Code Enforcement Officer.The City shall be entitled to recover
all costs incurred in enforcing its codes and prosecuting the case before the Board and such costs may be
included in the lien,in accordance with Chapter 162,Florida Statutes.
2. That the Clerk of the Code Enforcement Board is directed to record a certified copy of this
Order Imposing Fine(First Violation)in the public records for Seminole County,Florida,which,pursuant
to section 162.09(3), Florida Statutes, shall serve as a lien against the Property and any other real or
personal property owned by the Respondent.
3. That 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 the Respondent a reasonable time 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.
4. The Code Enforcement Board hereby reserves the right to take further necessary action
against the Respondent to enforce this Order, in accordance with Section 162.09, Florida Statutes, and
City Code.
DONE AND ORDERED at Winter Springs, Florida, this day of �''4 ►rch , 2021.
CODE ENFORCEMENT BOARD OF THE
0ja
OF WINTER SPRINGS,FLORIDA
ce aprow, Tic/ Chairperson
Copies furnished to: CERT MAIL 7017 2400 0000 4978 1372
Mel D. Hall
122 Bearss Circle '� •... • '" �,�'
Longwood, Florida 32750-4009 3rU1'4 -�
I hereby certify that a true and correct copy of the above and foregoin,g Order Imposing Fine(First
Violation)has been furnished by certified mail to the Respondent on this 1 r day of Ne r-,A ,2021.
Christian Gowan, Board Secretary
242
CI'T'Y OF WYNTER ISPRI-NGS
• CODE ENFORCEMENT
300 North Moss Road
Winter Springs,Florida 32708
19959 Phone: (407) 327-7975
www.winterspringsfl.org
Application For
PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN
BEFORE this application may be processed,any and all code violations must have been brought into compliance. Please complete
all information fields and mail application packet and the$30 application fee to the address above.
1. CONTACT INFORMATION:
Applicant's Home:
I 1 c:
Representative's Name(if different than Applicant):
M
1� -C . -ti L I L- - C 1, kms.;-, t r %Ls, , k "
Mailing Address:
City, State: Zip:
Ci
Phone: E-Mail:
La eA,
2. LIEN INFORMATION:
Lien Address: Parcel ID#:
Has the Applicant previously applied for lien reduction for this property? YES NO V" If Yes,When?
Owner of Lien Address when lien was placed:
!Aa,-\A _
Current owner of Lien Address:
Current owner's relationship or nlfilintion with entity/person named in the lien. �~
I - "4e,—
Other property located in the City of Winter Springs belonging to the current owner:
3. CASE INFORMATION:
(ode Enforcement Case#: C �,+
Date Found in Violation by Code Enforcement:
Date Ordered by the(ode Enforcement Board to Come into Compliance;
Date property was found in compliance by Code Enforcement:
Page 1 243
4. REQUEST:
,PWDTAL LIEN LIEN REDUCTIONREDUCED BALANCE
,hREQUEST REQUESTED
S
Please attach a copy of the Order imposing a lien upon the property(must be included for your application to be considered)
S. 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)
1ti1 \ . G�
Page 12 244
6. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITION FOR CODE
ENFORCEMENT LIEN REDUCTION OR RELEASE:(attach additional sheets if necessary)
' S Ste ..
c .IlLxrl e r Y"ts2� 1� n • .�" ti tit
L-1 Y-11 LA-z7ccl
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Checklist:
❑ APPLICATION COMPLETED IN ITS ENTIRETY
❑ APPLICATION PROPERLY NOTARIZED
❑ COPY OF LIEN ATTACHED
❑ $50 APPLICATION FEE
❑ PHOTOS OF VIOLATIONS,PHOTOS OF COMPLIANCE
Page 13 245
Under the penalty of perjury,the undersigned(s):
•:• Swears or affirms that the information provided in this Application-Petition for Reduction or Release of Code
Enforcement lien -is true and correct;
r r
— r Applicant Signature Printed Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me this day of ,20 who is
personales known to me or has/have produced satisfactory photo identification.
Type of Photo Identification:
Signature of Notary Public Printed Name of Notary
Notary Stamp
WCOAtMIS$IONAGtiWIM
;�■f EX M Nw mrJw Z 2823
Bonded Do HaWyAMUndennb �f
Date Applicatio Receive : Received'Bp;
-
Date Brough Into Co pliance: Compliance Verified By:
Outstanding Lien Amount: Lien Total Verified By:
Page 4 246
�%NTCR
O� S
CITY OF WINTER SPRINGS, FLORIDA
V 1126 EAST STATE ROAD 434
• 1959 WINTER SPRINGS, FLORIDA 32708-2799
Telephone(407)327-1800
G��1NETRJ^,
June 10, 2021
Sherry Clifton
2134 Pope Avenue
South Daytona, Florida 32119
Re: Request for Reduction/Release of City Code Enforcement Board lien at 629 Alton Rd,
Winter Springs, FL 32708 ("Subject Property")
Dear Ms. Clifton:
The City of Winter Springs is in receipt of your request, on behalf of Mel D. Hall
(deceased), for a satisfaction or reduction of a lien imposed upon the Subject Property.
Specifically, you have requested a satisfaction of that certain Order Imposing Fine (First
Violation),recorded on March 2, 2021 at Book 9859, Pages 1941-1942,in the Official Records of
Seminole County, Florida("Lien").
Pursuant to Section 2-61.5 of the Code of Ordinances of the City of Winter Springs,Florida
("City Code"), I am authorized to make a determination to reduce or release such lien,provided
that the violation(s)which resulted in the referenced order imposing penalty has been brought into
compliance, and further, that there are no additional violations upon the Subject Property. The
City has confirmed that this is the case, and that the Subject Property is currently in compliance
with the City Code.
I have considered your application and, based on the factors set forth in Section 2-61.5(e)
of the City Code, your application for a release of the Lien is hereby granted with respect to the
Subject Property,upon fulfillment of the following condition(s):
1. A check made payable to the City of Winter Springs is submitted to the City in the
amount of Thirty-One Thousand, Eight Hundred and Sixty Dollars and 00/100
($31,860.00), which is equal to a ten percent reduction of the collective total amount
of the Lien. Payment must be remitted by August 10,2021;please include the property
address in the subject line of your check.
2. The full $31,860.00 payment must be timely received in order for the Lien to be
released.
3. Upon timely receipt of the $31,860.00, the City verifies that the property remains in
compliance with the City Code.
Page 1 of 2
247
The failure of you to either make payment as conditioned herein, or timely appeal this
decision, will result in the automatic denial of this lien reduction/release application and the
original amount of the Lien, including costs, shall be automatically reinstated. Further, you shall
thereafter be barred from applying for a subsequent reduction or release of lien for a period of
one 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 division.
Please coordinate your payment with the City's Internal Control, Donna Bruno, who can
be reached at(407) 327-6550 and dbruno Winterspringsfl.org.
Sincerely,
Shawn Boyl_: City Manager
Page 2 of 2
248
SHERRY K.CLIFTON
2134 Pope Avenue,South Daytona, Florida
(386)212-6876
July 9,2021
City Commission
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Request for Appeal/629 Alton Road,Winter Springs
Honorable City Commission:
I am in receipt of correspondence dated June 10, 2021 from Shawn Boyle, City Manager, for the City of Winter
Springs,of which I signed for on or about July 2nd.
The reduction of $3,500 has been duly noted. However, I do not believe I would be acting responsibly as the
personal representative for this estate,which includes 2 sons and a grandson,to accept a$31,860 fine to be paid on
or before August 10, 2021. It should be noted the violations were for a broken fence gate, several small holes in a
pool screen, and replacement of 2 soffit vent screens totaling less than $1,500. Of which the estate (myself) had
completed all repairs within 30 days following my brother's death. The estate also paid taxes, made additional
repairs, as well as just recently contracted for a new roof (enclosed contract.), and retained a professional
management company to obtain a proper lease with the current family. Improvements to the property will continue.
All parties experienced great financial losses in 2020 due to the mandatory COVID shut downs. My brother was
included in same as the owner of a small maintenance business. His health deteriorated as quickly as his finances.
He took out second mortgage(s),credit card debt,etc.,just to get by.
At this point, the only option received is to request the Honorable City Commissions' review same and consider an
amount due that the estate can manage to resolve this matter(the estate is prepared to pay$3,500 at this time). To
reiterate,this reduction is not for the benefit of myself but rather for the young 2.sons and grandson whom will never
receive an additional monetary amount from their father to assist with their families or future(s)which is whom I am
speaking on behalf of.
Thank you for your anticipated consideration in this matter.
Sincerely,
SAMV z
&10—
Sherry K. Clifton,
Appointed Personal Representative
Estate of Mel D. Hall
249