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Home My WebLink About2010 03 16 Regular 600 Case Number 04-0005642 - Bartholomew PhilipsDate: March 16, 2010 The following presentation was shown to the Code Enforcement Board during Regular Agenda Item "600" by Captain Glenn Tolleson on March 16, 2010: Evidence: WS -1 Code Enforcement Bureau y FL OR �A u v City of Winter Springs Code Enforcement Board Case Number 04- 0005642 Bartholomew D. Phillips 600 Old Sanford Oviedo Road Section 2 -61.5 (Application for satisfaction or release of code enforcement liens) Inspector — Captain Tolleson Code Enforcement Bureau y FL OR �A u v • This case was originally herd before this board on September 21, 2004. • The board found that Mr. Bartholomew D. Phillips was not in compliance and was in attendance that night. In the boards order it stated that any future violation would impose a fine of $500.00 a day until compliance is achieved. • Certified notice was sent and posted on May 6, 2006. • We asked during a non - compliance hearing for finding of fact and relief in the amount of $18,500.00 for 37 days of non compliance at $500.00 a day per the boards order starting April 10, 2006 through May 16, 2006. Code Enforcement Bureau y FL OR �A u v Sec. 2 -61.5. Application for satisfaction or release of code enforcement liens. Where a certified copy of an order imposing a penalty or fine, as described above in section 2 -61, has been recorded in the public records and has become a lien against the land and /or property of the violator, such violator may apply for a satisfaction or release of such lien as follows: (1) Upon full payment by the violator of the fine or penalty imposed in accordance with this chapter, the city manager is hereby authorized to execute and record a satisfaction of lien. (2) Upon request for a reduction or forgiveness of a fine or penalty imposed in accordance with this chapter, the violator shall submit a written application to the community development director. (3) The application shall include, but may not be limited to the following: a. The code enforcement case number; b. The date upon which the violator brought the subject property into compliance with the City Code; c. The factual basis upon which the violator believes the application for reduction or forgiveness of the lien should be granted; d. The terms upon which a satisfaction or release of lien should be granted; e. The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; f. The reduction in penalty or fine sought by the violator; and g. Any other information which the violator deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or forgiveness of the penalty or fine. This application shall be executed under oath and sworn to in the presence of a notary public. Code Enforcement Bureau y FL OR �A u v (4) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are non - refundable, without regard for the final disposition of the application for satisfaction or release of lien. (5) Upon receipt of the application for satisfaction or release of lien and payment provided above, the community development director shall confirm through the code enforcement department that the violation which resulted in the order imposing penalty or fine has been brought into compliance. If the violation has been brought into compliance and there are is no current code violation upon the property in question, the community development director shall 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. (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; d. Any previous or subsequent code violations; e. Any financial hardship; Code Enforcement Bureau y FL OR �A u v (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; (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 condition(s) placed by the commission have been satisfied. The violator shall have 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 be 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. (Ordinance No. 2001 -62, § 2, 1- 14 -02) Code Enforcement Bureau y FL OR �A u v • This evening the Code Enforcement Board is tasked to render a advisory recommendation, to the City Commission for this application as submitted by Mr. Phillips and as delineated by City Winter Springs Code Section 2 -61.5. • The board must include one of the below listed recommendations to the City Commission for Mr. Phillips's application to be heard at the April 12, 2010 regular scheduled commission meeting; 1. Approve Mr. Phillip's request for reduction of $18,000 from the lien. 2. Approved with conditions recommended by the Board. 3. Denial of the request. CITY OF WINTER SPRINGS, FLORIDA _ 1186 EAST STATE RCA0404 WR#Teri GPRI[+ S. FLOA"6A3Q7MI —IM Telephons: (407) 377 -1966 F": (407} ew-MS VL444R:n: www- whWrepringep.ary ORIllE R OF THE CODE ENF ORCE14 Ei4T BOA FI ] CA.SIC NUMBER: 0A- 000_%42 CEWRIFIED: 70 03 3110 0005 0927 7173 OWNER: Rartholmew D. Phillips 600 Old Sonford Oviedo Rand Winter Spriu gs, Florida 32708 Section 20 -233. Ni}acooformirig Uses (Open Storage) FINDING OF FA CT "The CEIy of Winter Springs versus Bartholinew D, Phillips, Case Number 04- 0005642. Aftar hearing the sworn tcstiraony of the Code Enforcement ()ffic and Hartholmew D. Phillips and rovicwing the evidence prrsented at this Hearing, l find that the Code Pnforcement 0Meer hes provers his Casc based on the fallowing; 1, 'l he RLspaadent has previously been hefpa'e the Code Emfonemen( Board for the City of Winter Springs and was found guilty of violadrng Sectinn 20 -233. Nommnforming Lists (Open 5toragG), 2. The Respondent was provided uotEQe, of this Hearing a8 prescribed by Chapter 162.12 of the Flor14o S7aiedes_ 3. That the Respunden# was pteacnt at this 14caii". 4. The Vialati on. continuestoexist Therefore, I move that this 13o®rd find igartholmew D. PhRiips has violated Section 20- 233. Nonconfor,ning Uses (OPtu Storage) of Ihie City Code and a judgment of q uilty, as a Repeat Offender, he Ordered for the Record. I filrther Move that an approprialc Relief Order be issued irnmed[ately by the Cork Enfbroernent Bmrd." CM of WnITBR SMINC6, FL MIDA OOMEMFORCEAIEW ROARb CASE HtPh BFR09.00WW42 6AAY Lk2M PA -,E2OF 2 12E LE 03 DM- "flte City of Winter Springs vcrstrw tiarthulmew D- plrtlllpa Cstse Member 04- 0005642. After hearing the sw,3rlt tesli[no[V of tbo Co[1e Enforeeeinent Officer and Earthoimcw D. PlaMps and reviewing tha cvidenco Isresented at this Hear. @ng, [ FTId Ihat 0 Codc Enforcement OPfiwr has proven his Case based on the fn Bowing: l . Thv Respnndent has previously been before the Code Erifmmnera tijr the City of Winter Sprine> and was foknW Guilty of Violating Sections 20 -233. Nonconforming Uses (Open Storage) of the City Code and was Ordered to cmect Ruch Violation, I Tito Respondent wag provided Nation of this NtM-C 03TNP6ianCe Uearing aS prescribed by C.Itiaptcr 1 62.12 of the Florida Siaeuler. 3. '1'Yre RespuMdcn It was present at this 14eari ng. 4, That no proof of extcns«ting cir=nstances existed wu -Ljch would have pmvernlcd the Respondent from coining into Coinpliauce with the Hoar('s Order_ Tltierel'om, 1 M<)ve that lice Fine of Eighteen Tlhouemnd Five hundred tiloltars U18001-00) stand and erffcv crncnt for the collection of this Fine resume." This 1 6th, Ma 2006. n Mal$ atisak, Chairman Coda Enforcement Board City of winter Springs 111111!111111111111f1 WKWAllllrIIIII H 11NIN 11111NN CODE EN1HORCEI4IENT BOARD OF THE C.1TY UP WINTER 5PR9f'IGS, V1,0RIPA City of Winter Springs Petitioner, Complaint No. 04- 01005642 u. Bartltolmew D. Phillips 7224 La tie Flay Circle Orlando, FL- 32819 Respondent. ORDER IMPOSING PENALTYILIEN THIS CAUSE ca ne on for public !tearing before the Winner S1)ri31gs Code Enforcement Board on September 21, 2044, after due naliae to Respondent, at which 1he E3 yard heard testimony -under oath, received evidence, and issued its Findings of Fact and Conclusions of I aw and therc ipon issued oral Order tivNch wAu x•edne� to 4vritiog and #Lrr1i91Ved to Resporident- Said Order required Respondent to take certain corrective potion by a certain lime, ns more specif cal ly set fo rth in that Order. An Aff3davi t of Non - Compliance, beaming the date of April 10, 2006 has been filed with the Board by the Oude ILrspector, which Affidavit certifies under i ath that the reg aired corrective action W43 not taken as ordem(L Accordingly, it having been brought to the Board's attention that Respondent did trot comply with Order dated October 21, 2044, it is hereby: ORDERED `FHAT R13SPONDENT PAS" to the City of Winter Springs a fine in the amount of $18,00.00 in reference to the property that exists at 640 Old Sanford Oviedo Road in the City of Winter Springs describcd as: LEG UCrr 1 t N OF SAN FORD- OVIEDO ROAD ENTZMINGER FARMS ADD NO 2 PB 5 PAGE 9, OF SEMUNOLE COUNTY OWNED ]BY @ARTHOLMEW D. PHILLIPS 7220 LAKE PLOY CIRCLE, ORLANDO, 1;L 32819 •h is Order if rfxwdad in the public mmrds shall oumtitute a lien against the above described property and any other real or personal pro rty of the spondent, pursuant of Section 162.08 and Section 162.09 of the Florida Statutes. DONE AND ORDERED at �`GO co Semi noleCounty, Florida. Code Enforceincnt Board of C' �' • r F da drrli[tiS the Secretary (Cade) ChAinn { 04 Dales r.. This Lrnstrument prepared by: Vivian Simanans Gould 300 North koas teoad Winter 5prlags, FL 32708 VWLN, ow SISIe of Flom Vr/l� $ {�W�d MY COfiMl�dtBn 66i5n5�6 �e. Exppro34fft1�IdoQ9 M o �p m ys � CITY OF lull LATER SPRINGS, FLORIDA APPUCATIOP! FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LII_N CODE ENFORCEMENT CASEY 04- 0005642 APPLICATION HE$ APPLICANT: $arthoirnew D. Phillips DATE: ��1�9 AIDGRESS: �1 CfTY: y � r STATE: ZIP: M1S� NATURE OF VIOLATION: Section 20 Nnnoonforrning U §s ippen Storag�l ADDRESS OF SLJBJECT PROPERTV; 6W Old Sanford Oviedo Road, WinterSiRrinigs. Florida 3270$ DATE FINE /LIEN IkV POSED: - FU NE 15'' 20U6 AMCLUNT: S18.500.17[7 TOTAL COMPLiAi10E DA7C*. May 16. 2006 RELIEF REQUESTED: SATISFACTION CR EOlFCTION f ircie one ) EF REDUCTION THE APP LLCANT PROPOSES $ Z5 4- AS THE AIwIOU - EREDUCED FINE_ THE FACTUAL BA515 UPON W" ICH THE APPLICANT SEE _IEVESTHISAPPLICATION SHOULD 8E GRANTED. - (If more spice Is neec tta $d Ftio,nal Pages) 5'c 1- .a 7ERMSOR CON D171DN5 TO RE IMPOSED UPON APPLICANT SHOULOTHEAPPLICAT40N BE GRAF17E E]_ THE REASON IF ANY, WHY THE APPLICANT DIO NOT ORING 7HE SUBJECT PROPERTY INTO COMPLIANCE PRJOR TO THE ORDER Of PENALFY Q RNE BEING LM POSED AND RECORDED: A NY ADD ITIbNAL FACETS CPR 11`4 FORMATION TiiE APPUCANT ❑ EE MS PE RTI N E NT TO TFIE REQU EST, INCLUOING BUT NOTLIMITEDTO, THECIRCUPASTANCES THAT EXIST WHICH WO ULDl AF41RA14TTHE REDUCTION OR SAT45FACTI!0N OF PENALTY: City of Winter Springs Code Enforcernerrt RoW4 cfo Winter Springs City Hall Hwy 434 Winter Springs, Fl. 32708 Re: Code EfrFprceinen1LC2m&iN1- 0445642 Com1Ai nce Date: rtiay 16, 2006 Relief Requested: The Applicant reWest5 a redo lon In the fine from the arnorent of $X ,5od to $500.00. The Applicant bulleves thls applltatian should be granted for two reasans. l_ The Applicant has been it compliance since May lfi, 2006. 2_ The City h as racently reversed the City's change of zoning from industrial to C -1, dated 2DO5, for the subject property. it was thls change, agalnst the property owners vAshes, which caused the cede enforcement action to be taken. Recent City Comrnlssiou action has re- i nstated many of the uses strripp, d from the property in 2005. The Applicant agrees tothe terms and condItIons of the recent rezorAng and will comply with those terms and condrtrans. The process of reaching an agreement with the City Cornrnts5ion and pravlaus City Pdl2 agcr has been a long andd4ficultpath that is jlist now reaching afinal agreement in regards to zoning changes made by said prevlousadmiNstratron- changesw1viot3 atkamlNr.d to Impact the abrlltyvf the Applicant to continue the exlstence of has business. This action is one of many which have been negotiated between Mr. and Mrs. Bart Phillrps and the City over the past three (3) years In a faint effort to correct those adtians taken In the past and to upgrade the area in question for the future while increasing its economic value to the tax base of Winter Springs_ We respectfully submit th Is st, Bark Phii lips Cynthia Phillips Date Date i APPLICANT'S SIGNATURE --1a DATE STATE OF - � COUNTY OF 2&j , _ BEFORE ME the undersigned authority did personally appear provided �z — bL as iid entlfication a nd who afte r being under oath, nv*m or affirmed the Tlti#prntia#1on avntained within #his application Is true and correct. ..�,. 4 : a+taC:fsli iotary Public ' '' tu•,sc�r�a6