HomeMy WebLinkAbout2001 03 14 Regular B Code Enforcement Lien
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing
Regular X
March 12. 2001
Meeting
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Mgr. / pt.
Authorization - -
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission considers a request from Daniel Goff to satisfy a code
enforcement lien.
PURPOSE:
The purpose of this agenda item is to request the City Commission considers the request of
Daniel Goff to satisfy a code enforcement lien,
APPLICABLE LAW AND PUBLIC POLICY:
On August 17, 1999, the Code Enforcement Board found Peggy Scribner in violation of Section
13-1, "maintaining a public nuisance" by failing to secure the house at 91 Lombardy Rd.. In
addition, the Code Enforcement Board issued an Order to secure the premises by September 16,
1999 or a fine of $250.00 be imposed. An inspection on September 17, 1999 revealed that the
property at 91 Lombardy Rd. was unsecured and the fine was imposed. An order imposing
penalty/lien was recorded in the public records of Seminole County by the Clerk of the Court on ,
October 8, 1999. On April 17, 2000 an inspection revealed that the property was in compliance
and the fine ceased. to accrue. The fine amount had grown to $46,000.00, The Property
Appraiser for Seminole County has assigned a market value of$57, 563.00,
According to Florida Statutes Chapter 162, a fine runs in favor of the local governing body, i,e.
the City Commission. Ms, Scribner's son, Daniel Goff, who holds a Power of Attorney for his
mother, is seeking relief from this lien from the City Commission.
MARCH 12, 2001
REGULAR AGENDA ITEM B
Page 2
CONSIDERATIONS:
Because of problems with her health and that of her recently deceased son, Ms. Scribner was
unable to maintain the several properties that she owns in the Central Florida area. Her other
son Daniel Goff, has relocated to be with his mother and assume responsibility for the
maintenance of the properties.
STAFF RECOMMENDATION:
Staff recommends the City Commission hear the request of Daniel Goffon behalf of his mother,
Peggy Scribner to reduce or satisfy the Code Enforcement Lien against her property.
ATTACHMENTS:
A. Letter from Mr. Goff requesting satisfaction of lien
B. Letter from Ms. Scribner
C. Order of Code Enforcement Board
D. Order Imposing Penalty/Lien
E. Letter from Mr. Warren, M.D.
F. Letter from Mr. Wagers
COMMISSION ACTION:
ATTACHMENT A
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A20S-l0
R20S-04
GENERAL POWER OF ATTORNEY
(With Durable Provision)
. ~ -
.N0TICE: THIS IS AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS DOCUMENT,
YOU SHOULD KNOW THESE IMPORTANT FACTS. THE PURPOSE OF THIS POWER
OF ATTORNEY IS TO GIVE THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT")
BROAD POWERS TO HANDLE YOUR PROPERTY, WillCH MAY INCLUDE POWERS
TO PLEDGE, SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROP-
ERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOu. YOU MAY
SPECIFY THAT THESE POWERS WILL EXIST EVEN AFTER YOU BECOME DIS-
ABLED, INCAPACITATED OR INCOMPETENT. THIS DOCUMENT DOES NOT AUTHO-
RIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR
YOu. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDER-
STAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOu. YOU MAY REVOKE
TillS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
TO ALL PERSONS, be it known that I, PE~II-y ,;: Sl' III QIVER
of /3~ SpR//Il?WO()/> {'J'Il. A-pr: (). LDN(;W(J()DI J=I.. j;,so
the undersigned Grantor, do hereby make and grant a general power of attorney to
DI9NI/:<- kclrJl (J-f)F.&" ,of 1{8 f ~ ./lAINE'S rt'R. ORt.~Nl>()/ )-7.. ]:/P,?;l ,
and do thereupon constitute and appoint said individual as my attorney"in-fact.
My attorney-in-fact shall act in my name, place and stead in any way which I myself could do, if I were per-
sonally present, with respect to the foHowing matters, to the extent that I am permitted by law to act through an agent:
(NOTICE: The grantor must write his or her initials in the corresponding blank space of a box below with respect to
each of the subdivisions (A) through (0) below for which the Grantor wants to give the agent authority. If the blank
space within a box for any particular subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for mat-
ters that are included in that subdivision. Cross out each power withheld.)
[ PJ"5 ]
[ p.r5)
[ P..rS]
[ p ~--1
[ t?J:1
[ P.i5]
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(A) Real estate transactions
(B) Tangible personal property transactions
(C) Bond, share and commodity transactions
(D) Banking transactions
(E) Business operating transactions
(F) Insurance transactions
(G) Gifts to charities and individuals other than Attorney-in-Fact
(If trust distributions are involved or tax consequences are anticipated, consult an attorney.)
(H) Claims and litigation
(I) Personal relationships and affairs
(1) Benefits from military service
(K) Records, reports and statements
[ p..r5 ]
[ PtJ-5)
[ X ]
[ p~-.J)
--....--------.----------.---.-------.....-----...----...........---.--....---.--..---.--------...---...........---..---.---...............................................................-
ABM
If your state requires 8 '12" x 11" forms, cut off the bottom of this page at the dotted line,
Rev. 4/99
11111111111111
o 53926 20022 1
Rev. 4/99
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(L) Full and unqualified authority to my attorney-in-fact to delegate any or all of the foregoing
powers to any person"or persons whom my attorney-in-fact shall select
(M) Access to safe deposit box(es)
(N) All other matters
Durable Provision:
(0) If the blank space in the block to the left is initialed by the Grantor, this power of attor-
ney shall not be affected by the subsequent disability or incompetence of the Grantor.
Other Terms:
[ 1:)~
My attorney-in-fact hereby accepts tbis appointment subject to its teons and agrees to act and per-
form in said fiduciary capacity consistent with my~best interests as he/she in hislher best discre-
tion deems advisable, and I affirm and ratify ail acts so undertaken.
TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY
THIRD PARTY RECEIVING A DULY EXECUTED COpy OR FACSIMILE OF THIS
INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION
HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL
ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION
SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND
FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY
AGREE TO INDEMNIFy AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND
AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY
BY REASON OF SUCH THIRD PARTY. HAVING RELIED ON THE PROVISIONS OF TillS
INSTRUMENT.
Signed under seal this?-tJ.. day of
Signed in the presence of:
Witnes
, ?-M 0 (year).
Witness
State of Rtl~a..cL }
Countr.of 7~~~l'(
On /"\.<>-'1 1, d-l)Oil befo" me, M..~ ~ti"\~,\"l<: ,appean,d
~"4 Q'1 J- - So-': J1",..r ;- j)"", ~"-\ K. G-. -f' , pe"onalJ y known
to mt (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac-
ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNEsS my hand and official seal.
M~.
",eT~r '-UBLIC. STATE OF FL^"
MAAK BERuNS/(J ......IOA
COMt.cIss~. CC146:i6s
EXPIRES /lI')Q~""':
BONDED THRlJ AsA~:'~
"""'.NOTARYl
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Signature
(Seal)
Affiant Know
Type ofIDf!..
ATTACHMENT B
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ATTACHMENT C
.',
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
ORDER OF THE CODE ENFORCEMENT BOARD
CASE NUMBER: 99-401
CERTIFIED: Z 515 034 942
OWNER:
Peggy Scribner
91 Lombardy Road
Winter Springs, Florida 32708
The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on August 17, 1999 in
the matter of Peggy Scribner to determine whether she is in violation of Section 13-1., [Public Nuisance]
of the Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board
arrived at the following:
FINDING OF FACT:
"In the case of CEB 99-401 of the City of Winter Springs, the Code Enforcement Board has read the
complaint filed and the written information prepared by the Code Inspector, and has heard at this meeting,
the sworn testimony of the Code Inspector and Ms. Scribner. Based upon these proceedings, I move that
Ms. Peggy Scribner of Longwood is in violation of Section 13-1., [Public Nuisance] of the Code of the
City of Winter Springs, and that an appropriate Relief Order be issued at this meeting".
Peggy Scribner is in violation of Section 13-1., [Public Nuisance] of the Code of the City of Winter
Springs.
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
"In the case of CEB 99-401 of the City of Winter Springs, Ms. Peggy Scribner having been found in
violation of Section 13-1., [Public Nuisance] of the Code of the City, I move that Peggy Scribner, and if
there is a mortgage and/or lien holder or just herself being given free title, be given thirty (30) days to
come into compliance, with regard to this violation. If compliance is not achieved by that date, a fine of
$250.00 per day (maximum) will be imposed until the compliance is achieved, as verified by an officer of
this City. Furthermore, any and all future occurrence of this violation, after compliance as been achieved,
will immediately cause the stated fine to be imposed until the compliance is again achieved, as verified by
an officer of this City. Since Ms. Peggy Scribner is here and present and has heard the Order of this
Board, I further move that due notification been given as of this meeting".
Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement
procedures to be instituted to accomplish this Order.
This oZ 1- day of August, 1999.
~/
Joarme Krebs, Chairperson
Code Enforcement Board
City of Winter Springs
~-L~
DOCSlboards/codccnfl1/allllrclicfor/08 I 799199-40 I.doc
ATTACHMENT D
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS, FLORIDA
City of Winter Springs
Petitioner,
Complaint No. CEB-99-401
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Peggy Scribner
134 Springwood Circle, Springwood Village
Longwood,FL 32750
Respondent.
ORDER IMPOSING PENALTYfLIEN
THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on
August 17, 1999, after due notice to Respondent, at which the Board heard testimony under oath,
received evidence, and issued its Finding of Fact and Conclusions of Law and thereupon issued oral
Order which was reduced to writing and furnished to Respondent.
Said Order required Respondent to take certain corrective action by a certain time, as more
specifically set forth in that Order. C"')
An Affidavit of Non-Compliance, bearing the date of September 17, 1999 has been filed with the r-
iTl:r
Board by the Code Enforcement Manager, which Affidavit certifies under oath that the required .z::- ~>
corrective action was not taken as ordered. .s:::- ~~
Accordingly, it having been brought to the Board's attention that Respondent did not comply with U1 ~~~
Order dated August 27, 1999, it is hereby: .;;::- :~ ~
ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of ~ S~
$250.00 per day in reference to the property that exists at 91 Lombardy Road in the City of Winter oB;
Springs described as: glT1
LOT 17, NORTH ORLANDO ~
BLOCK 4, 2ND ADDITION
PB 12 PAGE 56, OF SEMINOLE COUNTY
OWNED BY PEGGY SCRIBNER
134 SPRINGWOOD CIRCLE, SPRINGWOOD VILLAGE, ~ ;:J;)CJ)
LONGWOOD, FL 32750 ~ ~~
This Order if-recorded in the public records shall constitute a lien against the above described g ~.z
property and any other real or personal property of the Respondent, pursuant of Section 162.08 and ~ 1T1~
Section 162.09 of Florida St~tutes. r f. ~-/- / //3' j' // J . v ~ co' ~n
OqNEANDORDERthls el7 day~~t~?f f&!~~~
Seminole County, Florida. :::0-1
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<<=> n;-r,
Code Enforcement Board of the -.J or-
City of Winter Springs, Florida .;;
. ,
ATTEST: ~
cJ~L~f~
Ity Clerk . '.. . .
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Date
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ATTACHMENT E
Nephrology Associates of Central Florida? JPAo
Diseases of the Kiclney dml [-JjYIl<"rtcnsioll
D 2591 NqR,T~GE AVENUE, SUITE 537N
ecemoer elil~, FLORIDA 32804
PHONE: (407) 894-4693
4106 WEST LAKE MARY BOULEVARD, SUITE 130
LAKE MARY, FLORIDA 32746
PHONE: (407) 444-2800
To Whom It May Concern:
RE: Richard Kenneth Goff
Richard was a patient of mine for many years, He had insulin dependent diabetes mellitus with
renal failure, in addition to all of the other complications of diabetes, He lived with his mother,
who helped in many ways to assist Richard because he was significantly disabled because of the
severity of his neuropathy, as well as his vision, as well as multiple episodes of severe illness
associated with the renal failure. He received a renal transplant and this was complicated
ultimately by pneumonia, which ultimately lead to his demise and transplant failure. His mother
was supportive throughout the illness, and he would never have lived as long as he had if it had
not been for his mother's help,
Sincerely yours,
~
Joseph W, WaITe
JWW /kya:amw
Job #64318
+
DIPLOMATES AMERICAN BOARD OF INTERNAL MEDICINE & NEPHROLOGY
DAVID S. PINS, M D. . JOSEPH W. WARREN. M.D.. FAC,P. . HOWARD A. SACKEL, M.D. . UOAY K. RANJIT, M.D. . JOSE L. SANTINI, M.D. . GEORGE A. KUSNIR. M.D. . ALFRED RODRIGUEZ, M.D.
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ATTACHMENT F
C\:o\'l:mb.:r 6. 2000
To vI/horn It :Ylay Concem:
I met Peggy Scribner's son, R.K. Goff, when she had a house warming dinner for him so that he could meet
his new neighbors. This was shortly after she moved him into a down stairs apartment, 134E. Richard was
:;uffcring :O;'Orl J se':erc diabetic condition. He was on home dialysis, awaiting a kidney transplant. Peggy
[)l)ugill ll1~ condo directly above Richard in order to prevent any disturbances over his head; and she moved into
it. Since the December or 1995, I have lived next door to Peggy.
r ha'/c bee;) a dispatcher '.vith the Winter Park Police Department for five years and I have been dispatching
in the central Florida area for ten years, My hours and days off vary. Therefore, I was able to observe Peggy
and Richard at all different times. She was up and down the stairs from his apartment to hers all hours of the
day and night. However, basically she stayed with Richard in his apartment. He required constant care. There
was no one else helping him. His brother, Dan, would come from Miami occasionally and take him to dinner if
be could go, \'lith Dan's help. rfnot, Dan would bring in Richard's favorite take out foods. I would stop in
Richard's for a shon visit. usually with my dog Charlotte, as Richard enjoyed seeing her. I took Peggy's
television to him when he would go in and out of the Sun Belt at Florida hospital.
I would see Richard on his patio with his little white angora cat that Peggy adopted for him. When I would
visit with him it was obvious that his eyesight was failing. Sundays and Wednesdays evenings when Peggy
\Vould tak,= him [0 church she often would have to take his \vheel chair.
Her lack of rest appeared to make her myasthenia Gravis progress. Her legs were becoming very weak and
wobbly bctore her stroke; aftelwards she could not walk at.all. Even so, she would not hear of going to the
hospital. as Richard had just recently passed away in Florida hospital. She had spent a lot oftime with him for
yeftrs, days and nights because of his pains, his several operations and his depression. Therefore, we have all
been trying to make it possible for her to stay at home and hopefully rest and recuperate. She has had a horrific
six years. A girlfriend of Peggy's, who lives in Miami, drives up and spends a couple of weeks at a time with
her. Dan, transferred to Orlando and Pat Fearon, who lives up stairs with us in apartment #D and is retired and
has more time. Between all of us we make sure that she has proper food and medication. She is getting around
a little on her walker now. She is still not able to driver,
Peggy has always been the first one in our building to be helpful to everyone. Now she deserves our help.
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--.
B. Wagers
34H Springwood Cir.,
Longwood, FL 32750
c- / . 4~/} t.) -y/
(Print. TYDd. or Stamp Commissioned Name ot Notary Public)
Persoll~lIy i(;!Cwn WOR Produced Identification 0
Type ot I. D. Produced