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Home My WebLink About2001 10 08 Regular E Reduction or Satisfaction of Code Enforcement Liens COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X October 8.2001 Meeting M~ / apt Authorization . .... REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission considers reduction or satisfaction of a code enforcement lien on Seminole Bakery,Village Marketplace, 260 E. S.R. 434. PURPOSE: The purpose of this agenda item is to request the City Commission considers reduction or satisfaction of a code enforcement lien. APPLICABLE LAW AND PUBLIC POLICY: In June 28 of2000, the Code Enforcement Division during a routine inspection, noted a large crane behind the Badcock Center on S.R. 434. Upon further investigation, it was discovered to be a large freestanding freezer unit that was being unloaded onto an existing slab behind the Seminole Bakery. There were no permits applied for or issued to the Bakery for this installation. The agent for the Bakery was told to load the freezer back up and remove it from the site until such time as permits were issued. The agent told code enforcement and building division personnel that he could not pay the crane operator to remove it and the crane operator would not move it without additional payment. The Building Inspector for the City inspected the unit and with the permission of the acting Building Official, gave approval for the freezer unit to remain, provided it was locked and not hooked up to any power source. A "Stop Work Order" was issued. The Fire Department personnel inspected the location to ensure that there was adequate clearance around the unit for any emergency vehicle. The Fire Department had no objections to its location. After a continuous negotiation period, permits were finally pulled for the installation in October of 2000. Prior to the final inspection, the unit's location was changed. New site plans had to be OCTOBER 8, 2000 REGULAR AGENDA ITEM E Page 2 provided to the City to amend the original permit. It was again necessary for the City to initiate Code Enforcement proceedings before the new permit was applied for. Unfortunately, the installer of the freezer unit failed to call for inspections in a timely fashion, and these permits expired. New permits had to be reissued and inspections performed. On March 20, 2001 the Code Enforcement Board held a public hearing to consider the alleged building code violation against Seminole Bakery, 260 E. S.R. 434. The City maintained that the tenants installed a freezer unit in violation of building codes. The Code Enforcement Board found the tenant in violation of building codes and allowed an additional 14 days after notification to come into compliance. If compliance was not achieved, a $200.00 fine per day would be imposed. Compliance was achieved on August 29,2001. The fine has accrued to $22, 400.00. A lien was recorded to secure the lien, per Florida Statutes Chapter 162. STAFF RECOMMENDATION: Staff recommends the City Commission consider reducing the lien to the cost of prosecuting the case ($753.27) and $2,500.00, which totals $3,253.27. ATTACHMENTS: A. Memo from Building Division, 022301 B. Order of the Code Enforcement Board, 041701 C. Appraisal and ownership Data from Seminole County D. Re-inspection Notice, Building Division, 041801 E. Order Imposing Lien F. Affidavit of Non-compliance with Order of Code Enforcement Board, 050901 G. Letter to Mr. Aggarwal, property owner,053101 H. Letter from Mr. Aggarwal requesting reduction or satisfaction of lien I. Cost of Prosecution COMMISSION ACTION: ATTACHMENT A " ttE.-- ,. City Of Winter Springs Memo To: Jimette Cooke f. Michael Scheraldi File From:: CC: Date: 02123/01 Rec . 290 E. SR 434, Freezer Bakery Permit #O()..0176 Please be advised that the above permit has expired and is in violation of the following City and Building Codes: 1) Section 6-4 Violation Failure to comply with the provisions of City Codes. ( See section 1-15 for penalties) 2) Section 6-57 Expiration by limitation and no inspections were called for or performed. 3) Standard Building Code Sedion 105.4 Required inspections. No inspections called for by permit holder. If you have any questions, please let me know. . Page 1 ~ ATTACHMENT B '''. RECEIVED- APR 1 q 2001 CITy OF WI.NTER. SPRINGS CITY OF WINTER SPRINGS, FLORIDA CodeEnfornement 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 01-220 ", CERTIFIED: 7000 1670000673859157 CERTIFIED: 7000 16700006 7385 9140 OWNER: Aggarwal Pension Trust Fund 290 East State Road 434 Winter Springs, Florida 32708 Tenant: Seminole Bakery, Inc. Section 6-4, 6-57 & SBCC 105.4 [Violation Of Building Codes Related To Freezer Unit] The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on March 20, 200 I in the matter of owner, Aggarwal Pension Trust Fund and tenant Seminole Bakery to determine whether they are in violation of Section 6-4., 6-57. & SBCC 105.4. [Violation Of Building Codes Related To Freezer Unit] 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 Code Enforcement Board Number 01-220 of the City of Winter Springs, the Code Enforcement Board has read the complaints filed and the written information ptepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector. Based upon these proceedings, I move that Seminole Bakery, Inc. and Aggarwal Pension Trust Fund of 290 Eas! State Road 434 is in violation of Section 6-4. [Violation Of Building Codes Related To Freezer Unit] of the Code of the City.of Winter Springs, and that an appropriate Relief Order be issued at this meeting." f:i .' I" AMENDED RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 01-220 of the City of Winter Springs, Seminole Bakery and Aggarwal Pension Trust Fund having been found to be in violation of Section 6-4. [Violation Of Building Codes Related To Freezer Unit] of the code of the City, I move that - Seminole Bakery and Aggarwal Pension Trust Fund be given fourteen (14) days after notification to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $200.00 per day will be imposed until compliance is achieved, as verified by an Officer of the City. Furthermore, any and all future reoccurrences of this violation after compliance has been achieved wil1 immediately cause the stated fine to be imposed until compliance is again achieved as verified by an Officer of the City." ~: 'fl, ~~/ '1~, .~~ Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accomplish this Order. /..7C t1t.- This .L.-I-- day of April, 200 I { ~ Joanne Krebs, Chairperson Code Enforcement Board City of Winter Springs Docs\Word\BOARDS\CODEENFO,^LLL\RELlEFOR\2001\2001 001-220 03200I.doc " , "'" ATTACHMENT C Seminole County Property Appraiser Database Information , .. Page 1 of3 ~. fJl " SEMINOLE COUNlY APPRA.SAl DATA Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes. //_----\ /- . ,,/ '......, I Parcel Id ( '126-20-30).~ODOO-0120 , I Tax IWI- WINTER SPRINGS I . //District I Owner ~WALPEN~II Dor 116-RETAlL CENTER- ANCHOR I Address 111056 EDMISTON PL I I I /City,State,ZipCodeIILONGWOOD FL 32779 I Property Address 11434 E I Exemptions - I ., . I VALUE SUMMARY I I Value Method II Income I , Number of Buildings II 2 I Depreciated Bldg Value I $0 I Depreciated EXFT Value I $0 I I Land Value (Market) II $0 I I Land Value Ag II $0 I I J u~t/l\1~~rketV alue I $1,346,990 I Assessed Value (SOH) , $1,346,990 I Exempt Value 'I $0 I I Taxable Value I $1,346,990 ~~ II http://ntweb.scpafl.org:8080/owalowalseminole_county _ title?P ARCEL=2620305ARODOOO 120 6/11/01 ATTACHMENT D ATTACHMENT E MARYANNE MORSE, CLERK 01=" rUt'~1 ITT CO' lOT SEMINOLE COUNTY" . ~ ..~Un . ~,,; BK 04124 PG 0097 CLERK'S # 20017205-35 CODE ENFORCEMEN7' BOARD o~m~fP 07/09i200l 08:26:07 AM J. II,tLLJI'lB-tl\lG FEES 6.00 CITY OF WINTER SPRINGS, FLORIlDIJiD BY D Nadon City of Winter Springs Petitioner, Complaint No. CEB-01-220 v. Aggarwal Pension Trust Fund Seminole Bakery, Inc. 290 East State Road 434 Winter Springs, FL 32708 Respondent. ORDER IMPOSING PENALTYILIEN THI3 CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on March 20,2001, after due notice to Respondent, at which the Board heard testimony under oath, received evidence, and issued its Finding of Fact and Conclusions of Lawanr' 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. An Affidavit of Non-Compliance, bearing the date of May 9, 2001 has been filed with the Board by the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action was not taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent did not comply with Order dated April 16, 2001, it is hereby: ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of $200.00 per day in reference to the property that exists at 290 East State Road 434 in the City of Winter Springs described as: LOTS 12 & 52, BLOCK D, PARCEL 26-20-30-5AR-ODOO-0120 PB 5 PAGE 9, OF SEMINOLE COUNTY OWNED BY AGCARW AL PENSION TRUST FUND 290 EAST STATE ROAD 434, WINTER SPRINGS, FL 32708 This Order if recorded in the public records shaH constitute a lien against the above described property and any other real or personal property of the Respondent, pursuant of Section 162.08 and , Section 162.09 of Florida"Statutes. tJ.- 9 ' " DONE AND ORDER this I q day of J/Y.-t ;/C:b{, at (J) Mi,1l ,5jY;J ~ Seminole County, Florida. Code Enforcement Board of the City of Winter Springs, Florida ATTEST: ~~c~ -~i ity Clerk - ~ 1:1, ;lo01 Oat 7n ~{;~~ . " . ~ .... , " . ATTACHMENT F C;TY OF WINTER SPRINGS CODE ENFORCEMENT BOARD COMPLAINT NO.: CEB-01-220 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, ADDRESS: 290 EAST SR 434 WINTER SPRINGS, FLORIDA 32708 PETITIONER, v. AGGARWAL PENSION TRUST FUND RESPONDENT. AFFIDAVIT OF NON-COMPLIANCE WITH ORDE~ OF WINTER SPRINGS CODE ENFORCEMENT BOARD STATE OF FLORIDA ) ) S.S.: SECTION 6-4 COUNTY OF SEMINOLE ) BEFORE ME, the undersigned authority, personally appeared CAROLYN JIMETTE COOK , Code Inspector for the City of Winter Springs who, after being duly sworn, deposes and says that: 1. On MARCH 20 , 20~, the Code Enforcement Board held a public hearing and issued its order in the abov~ styled matter. \ 2. 'Pursuant to said Order, Respondent was to have taken certain corrective action by or before MAY 9 , ZO 01 .' / 3. A reinspection was performed on MAY 9 , zo.QL. , . 4. The reinspect~on re.~eal~d that (check on~) xx r the corrective action ordered by the Code Enforcement Board has not been taken. the violation has recurred. 5. A description of the current status of the violation is as follows: FAILURE TO COMPLY WITH BUILDING CODES RELATED TO OUTDOOR FREEZER UNIT FURTHER AFFIANT SAYETH NOT. DATED this 15"" day of 9"'/./1U. '20 Of . c~~ SIGNATU . OF CODE INSPECTOR J,h lorida My commiS~",~ "~Tlyn ,pi dfJJ}-- *ir*MY Commission CC774136 ,/t"....",. Expires September 10. 2002 UR?n 119 Rev. 12-13-90 .. ATTACHMENT G CITY OF WINTER SPRINGS, FLORIDA Code Enforcement 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 May 31, 2001 K. C.Agganval 290 E.S.R. 434 Winter Springs, FI. 32708 Dear K.C., We spoke today about your tenant attIlC Seminole Bakcry on S.R. 434. As you recall, thcrc was an outdoor freezcr installed witIlOut pennits last October. We tried, in vain, to assist thc Bakcry in obtaining proper permits for tIIC installation of tItis freezcr. To furthcr complicate mailers, the freczer was moved into a different position, the pennits expired and tIley had to start all over. We were finally able to convince them to pull new pennits, but when tIle installation failcd an inspection, they again fell into non- compliance. We gave them additional time to comply and when that time expired we held a public heming beforc thc Code Enforcement Board on April 17, 2001. The Board found tIle property to bc in non-compliancc and ordered a $200.00 a day finc to be imposed after 14 days following notification. Even after this additional time to comply, no reinspection has been requested. I spoke with "Liz" on May 9,2001 and told her that the fine was running at $200.00 a day and that this fine would constitute a lien on tJle property. She said she understood and would take care of the problem. There hasn't been a reinspection requested yel. I spoke with her again today and infonncd her that the finc was still "running" and tJlat a lien would bc placed on the property. I told her tJlat in ordcr to stop the fine she would havc to correet tJle necessary dcficiencies on tIlC installation of the frcczcr and requcst an inspection or remove the freezer. She said she would have someone else call me. I have instructed my stafTto begin tJIC procedures for imposing tIlC lien against the property. [fyou havc any other questions, please feel free to contact me. Sincerely, q ~.i(/ Jimelte Cook, Code Enforcement Manager ATTACHMENT H FROM : AGGARWAL FAX NO. : 4076821808 Sep. 20 2001 03:06PM Pi AGCARW AL PENSION TRUST :FUND 1056 EDMISTON PLACE LONGWOOD FLORIDA 32779 Tel. # (386) 253 0101 Fax # (386) 253 2424 September 20,2001 For the attention of Ms. Jirnette Cook Code Enforcement Officer City of Winter Springs ] 126 East SR 434 Winter Springs Florida 32708 Fax # (407) 327 4755/1 page total Re: Seminole Bakeries- Village Market Place Dear Ms. Cook I understand that Don Metchick has finally corrected the violations relating to the freezer/cooler and has passed the inspection. In view of this, I would like the commissioners to waive the daily fine and remove the lien on the property that was previously imposed. I understand that the next commissioners' meeting is going to be held on October 8, 2001 and I will make sure that the attorney for Seminole Bakeries together with the tenant and T, attend the meeting. Look forward to hearing from you. ATTACHMENT I COST OF PROSECUTING Code Enforcement Board 7 @ $25.00 $ 175.00 Code Enforcement Clerical Staff 4 hours @ $11.54 $ 46.16 Building Division Clerical Staff 6 hours @ $11.00 $ 66.00 Building Division Inspector 3 hours @ $18.00 $ 54.00 Code Enforcement Manager 12 hours @ $16.82 $ 201.84 Community Development Director 1 hour @ $31.25 $31.25 Building Plans Review 2 hours @ $20.00 $ 40.00 Fire Inspector 1 hour@$lO.OO $ 10.00 Vehicle Use $ 20.00 (code, building, and rue) City Clerk Services approximate $ 60.00 Recording Fee $ 6.00 Zoning Review 1 hour @ $27.40 $ 27.40 TOTAL $753.27