Loading...
HomeMy WebLinkAbout2002 07 22 Regular B.2 Code Enforcement Lien Forgiveness " COMIVIISSION AGENDA ITEM ]~ Consent Informational Public Hearing Regular X ~:).- JulyX 2002 Meeting P Mgr. / Authorization ~t. REQUEST: The Community Development Department- Code Enforcement Division requests the City Commission considers the request of Chanh Nguyen for forgiveness for a code enforcement lien of $186,000.00 against his property. PURPOSE: The purpose of this agenda item is to request the City Commission considers the request ofChanh Nguyen for forgiveness for a code enforcement lien of$186,000.00 against his property. APPLICABLE LAW AND PUB]~IC POLICY: On January 14,2002, Ordinance 2001-62 was adopted that set in place the procedure for requesting reduction or forgiveness of a code enforcement lien. CONSIDERATIONS: Oct. 25, 1999 Half of Mr. Nguyen's property on Orange Ave. is annexed into the City. This half is comprised mostly of a former borrow pit that is now a pond. No zoning classification was assigned. Nov. 22, 1999 Michael Mingea, City Forester, alerts DEP that illegal dumping and filling is occurring at the site. The City had no filling regulations (that's probably why the owner wanted that half annexed into the City). DEP does not respond. Jan. 3,2000 Winter Springs Public Works and Parks Dept. staff witness City of Winter Park trucks using the Cross Seminole Trail to access the site and dump debris at the site. JULY 8, 2002 AGENDA ITEM B Page 2 Jan. 7,2000 Memo from David Zusi, Public Works, City of Winter Park, containing receipts for payment for dumping on site. Jan. 8,2000 Memo from Donald James, Winter Springs Parks and Rec., reporting witnessing the dumping on site. Jan. 7,2000 Warning Notice of Code Violation issued to James Meade for operating a business without a license (Landfill). Dumping at the site halted. Jan. 11,2000 Meeting with Seminole County Hazardous Waste, Engineering, Greenway & Trails, City of Winter Springs various departments, St. John's RiverWater Management District and James Meade, agent for property owner on site. Jan. 12,2000 Occupational license issued to James Meade for filling by Seminole County for landfill on adjacent property. Jan. 12,2000 Letter to DEP again asking for assistance in enforcement of their own DEP regulations. Jan. 18,2000 Pictures taken of site and of piles of mulch and other organic debris. Jan. 18,2000 Code Enforcement Board heard case of illegal storage of trash and debris. Imposed a fine of $250.00 per day. Fine did not start until April 10, 2000, giving the property owner every opportunity to bring property into compliance. Feb. 16,2000 Pennission from Fl. Dept. of Environmental Protection for the County Greenways and Trails Dept. to finally block vehicular access on the pedestrian portion of the trail. (Note; they don't actually do it until May, 2000, and is still left open to vehicular traffic today) April 17, 2002 Property brought into compliance. Fine stops accruing daily. Total amount to date oflien/fine- $186,000.00. June 6, 2001 Recommendation to City Attorney from Code Enforcement Board to foreclose on property. May 21, 2002 Letter from property owner's attorney asking forgiveness of lien. CODE ENFORCEMENT BOAR.D RECOMMENDATION: On June 18, 2002, the Code Enforcement Board recommended reducing the fine to $20,000.00. JULY 8, 2002 AGENDA ITEM B Page 3 STAFF RECOMMENDATION: Staff does not recommend forgiving or reducing the lien. ATTACHMENTS: A. Ordinance 2001-62 B. Code Enforcement Board Minutes, June 18,2002 C. Application For SatisfactionlReduction of Lien D. Letter of May 21,2002 from George Wallace, attorney for Chanh Nguyen. E. Map of site F, Order Imposing Penalty/Lien G. Memo to Ron McLemore, City Manager, June 27, 2001 H. Administrative costs associated with prosecution COMMISSION ACTION: ORDINANCE NO. 2001-62 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER. SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 2; PROVIDING FOR A NEW SECTION 2-61.5 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 92(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 162, Florida Statutes provides that a municipality may create administrative boards with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any code and ordinance in force in such municipality; and WHEREAS, the City Commission has enacted Chapter 2 ofthe Code of Ordinances and has created a Code Enforcement Board with the powers and procedures as provided by law; and WHEREAS, Section 2-61 of the City Code provides, in accordance with Chapter 162, Florida Statutes, an order imposing penalty or fine which is recorded in the public land records and becomes a lien in favor ofthe governing body, which can only be satisfied or released by an action of the governing body; and WHEREAS, this Ordinance is deemed to be in the best interest of the health, safety, and welfare of the citizens of the City of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amend.ment. The City of Winter Springs Code Chapter 2 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, City of Winter Springs Ordinance No. 2001-62 Page I of 5 , while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 CODE ENFORCEMENT * * * ARTICLE In. Boards, Committees, Commissions * * * Division 2. Code Enforcement 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: @} 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. (Q} 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. ~ The application shall include. but may not be limited to the following: ill The code enforcement case number; ill The date upon which the violator brought the subiect property into compliance with the City Code; ill The factual basis upon which the violator believes the application for reduction or forgiveness of the lien should be granted: ill The terms upon which a satisfaction or release of lien should be granted: ill The reasons. if any. compliance was not obtained prior to the order of penalty or fine being recorded; @ The reduction in penalty or fine sought by the violator: and City of Winter Springs Ordinance No. 2001-62 Page 2 of 5 , ill 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. @ 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. W 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 is no current code yiolation upon the property in question. the Community Development Director shall place the application upon the agenda of the next regularly scheduled meeting ofthe 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 oflien. 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. ill 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: ill The gravity of the violation; (Q} The time in which it took the yiolator to come into compliance; (9 The accrued amount of the code enforcement fine or lien; @ Any previous or subsequent code violations; W Any financial hardshill..; City or Winter Springs Ordinance No. 2001-62 Page 3 of 5 (g} Any other mitigating circwnstance which may warrant the reduction or satisfaction of the penalty or fine: (h2 After a recommendation has been rendered by the Code Enforcement Board, the Community Development Director shall place the application for satisfaction or release oflien 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 ofthe Code Enforcement Board, and information provided by the violator in regard to the application for satisfaction or release of lien: ill The City Commission may approve, approve with conditions, or deny the application to satisfy or release oflien. 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. Ifthe application is denied or ifthe 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 (I) 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. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Dat.~. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2001-62 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, \in a regular meeting assembled on the 14th day of January ,2002. \ 1(1-- o:t;p.~ PAULP.PARTYKA U- Mayor , I A ,TEST: ~\ L . 4DREA LO City Cle~_~ ZO-LUACES Approved as to legal form and sufficiency for the. f Winter Springs only Anthony A. Garganesc, City Attorney First Reading: December 10, 2001 Second Reading: January 14~ 2002 Effective Date: January 14, 2002 City of Winter Springs Ordinance No, 2001-62 Page 5 of 5 ~ UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -f JUNE 18,2002 Oy CALL TO ORDER I. Chairperson Joanne Krebs called the Regular Meeting to order at 7:01 p.m. on Tuesday, June 18,2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Ken Furth, present Board Member James B, Pitts, present Board Member Greg Roero, absent Board Member Greg Thompson, present Board Member Mervin Warner, present />~ The Pledge of Allegiance followed. Chairperson Joanne Krebs asked if there would be any Agenda changes and Ms, C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division, Community Development Department advised the Board that Case CEB 02-00417 is being added to tonight's Agenda, which will be heard in addition to Agenda Item "D" and "E", Ms. Cook distributed new "Finding Of Fact" and "Relief Orders" and spoke briefly of the changes between the old and the new forms. Chairperson Krebs said, "I was going to entertain a Motion to accept these as our new 'Finding Of Facts' And 'Relief Orders'." MOTION BY BOARD MEMBER FURTH. "SO MOVED." SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOlVIPSON: AYE MOTION CARRIED. UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 2 OF 12 II. CONSENT CONSENT A. Approval Of The May 21, 2002 Regular Meeting Minutes. Chairperson Krebs requested a Motion to approve the Minutes. "SO MOVED." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASE WAS ADDED TO THE AGENDA AND DISCUSSED AT THIS MEETING. .:..:. III. REGULAR ADD-ON REGULAR CASE #CEB-02-0000417 Ms. Cook entered into the record "The Statement of Violation and Notice of Hearing" for "Sunstate Trees and Chelsea Pare Homeowner's Association which is the property owner". Ms. Cook stated further, "We have the green card back for Sunstate and although we don't have the return green card from Chelsea Pare that they are represented here this evening." Ms. Cook clarified the violation and location; and spoke of the past citations given to Sunstate Trees which were entered into the record. Deputy City Clerk, Debbie Gillepsie, swore in those persons who may be providing testimony during the presentation of tonight's case, Mr. Michael Mingea, Environmental Inspector/City Forester, Code Enforcement Division, Community Development Department was asked by Ms. Cook whether he had met with representatives of Chelsea Pare Homeowner's Association to discuss the requirements for tree removal; if Chelsea Pare Homeowner's Association had "Pulled a Permit"; and whether he observed tree removal from the common area of Chelsea Pare. Mr. Mingea responded affirmatively and explained that when he saw the tree being llNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 3 OF 12 removed he stopped and asked the "Sunstate representative - for his Arbor Permit, he was unable to produce and asked him to call the office." Mr. Mingea requested a meeting with the company and prior to leaving the area he measured the tree which was sixteen inches (16") in diameter. Ms. Cook said, "We are bringing this to the Board in leu of another citation. We - feel a citation is a warning - but it does not seem to do the job and it would be another $300.00 to do the cost of doing business. We have cited Sunstate [Trees] four (4) times with citations, another time with warnings, and here is this other time. I just don't feel that a citation would - do any good here. I think we need a stiffer penalty. The Homeowner's Association must share in some of this blame. They were aware that a permit needed to be applied for and obtained, Sunstate [Trees] was aware that a permit needed to be applied for and obtained." Ms Cindy Cox, 1421 Creekside Circle, Winter Springs, Florida: spoke of being a new member of the Chelsea Parc Homeowner's Association Board; acknowledged that a permit was needed; and was told by Sunstate Trees that they would get the permit. Brief discussion. Mr. Angelo Sparteri, 264 West State Road 434, Longwood, Florida: as an agent of Sunstate Trees he spoke of his company assisting homeowners with the application for the permit, but that the homeowners are responsible for obtaining the permit and payment of fees. Chairperson Krebs asked, "Your people are out there, they have no permit but are cutting down a tree. How is that possible?" Mr. Sparteri replied, "That was incorrect. Because of it's not being a home, I guess not knowing that - he could verify - calling up - to see if there was one - probably would have been the way to go." Chairperson Krebs said, "But you are doing business, you are the one who is supposed to know whether or not there is a permit. And if you don't have one in your hand, you don't cut a tree." "Yes ma'am. That's absolutely true," said Mr. Sparteri. Tape I/Side B Further discussion. REVISED FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA P ARC HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND OTHER SWORN WITNESSES AND/OR VIOLATORS. UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE40F12 BASED UPON THE EVI][)ENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT CHELSEA PARC HOMEOWNER'S ASSOCIATION WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER 5 OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION; (2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION; (3) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATORS WERE; PRESENT AT THIS HEARING; AND (4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST PRIOR TO INSPECTION UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS,: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA P ARC HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER CEB-02-0000417, HAVING BEEN FOUND TO BE IN VIOLATION OF - CHAPTER 5 OF THE CITY CODE, I MOVE THAT THE VIOLATORS BE GIVEN NINETY (90) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) \VILL BE IMPOSED, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 5 OF 12 FURTHERMORE, ANY OR ALL FUTURE RECURRENCES OF THIS VIOLATION UPON COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST. AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME . PROVIDED ABOVE, THE CLERK OF THE CODE ENFORCEMENT BOARD SHALL BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA. THE VIOLATOR BEING PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. REVISED FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND WITNESSES AND VIOLATORS. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THE VIOLATORS SUNSTATE TREES WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER - 5 [NO ARBOR PERMIT] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION; UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE IS, 2002 PAGE 6 OF 12 (2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN THE - OF VIOLATIONS; (3) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATOR WAS PRESENT AT THIS HEARING; AND (4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION. VICE CHAIRPERSON L YZEN REQUESTED THAT FOLLOWING CHAPTER 5, [NO ARBOR PERMIT] BE SUBMITTED. BOARD MEMBER PITTS AGREED. VOTE: VICE CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER W ARNER: AYE MOTION CARRIED. Brief discussion. REVISED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES, INC., CODE ENFORCEMENT BOARD NUMBER CEB-02-0000-417, THE VIOLATOR, SUNS TATE TREE, INC., HAVE BEEN FOUND TO BE IN VIOLATION OF - SECTION 5 [NO ARBOR PERMIT] OF THE CITY CODE. I MOVE THAT VIOLATORS BE FINED $1,000.00 PER VIOLATION, SAID FINE SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS ORDER. FURTHER ANY OR ALL FUTURE RECURRENCES AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT THE VIOLATION. FINALLY, AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED UNAPPROYED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 7 OF 12 NOTIFICATION OF THllS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER PITTS. BOARD MEMBER PITTS WAS ASKED TO RESTATE THE COMP ANY'S NAME AND A TIME FOR THE FINE TO BE PAID. BOARD MEMBER PITTS SAID, "SUNSTATE TREES, INC." AND ADDED, "SAID FINE SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS ORDER." SECONDED. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER W ARl'JER: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Ms. Cook responded to questions from Mr. Sparteri regarding Ordinance 2002-08 and donating the fine to the Tree Bank Program. Chairperson Krebs recessed the Meeting at 8:20 p.m. Chairperson Krebs reconvened the Meeting at 8:24 p,m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:. .:. D. CASE #CEB-99-818 Orange Avenue Chanh Q. Nguyen Reduction/Satisfaction Of Lien Ms. Cook introduced this case; and provided for the record an application for "Satisfaction Or Release Of Code Enforcement Lien"; read portions of the application to the Board Members; and spoke of the history of this case. Discussion. Mr, George B, Wallace, Esquire, PA., 700 West First Street, Sanford, Florida: addressed the Board and stated, "- advice from an individual- up until October when he brought it to my office. He has worked diligently with me and with City Staff to fix it - once somebody wasn't giving him poor advice. Mr. Nguyen doesn't speak really clear English but he is certainly able to answer your question." Tape 2/Side A UNAPPROVED CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 8 OF 12 Also Mr. Wallace asked that "Ms, Cook will indicate that Mr. Nguyen himself has always tried to be cooperative - pleasant - not belligerent, and not antagonistic with the City." Ms. Cook acknowledged that Mr. Nguyen has been "Very cooperative" and that she encouraged him to hire an attorney. Ms. Cook also said, "I do believe that he was lead astray. On the other hand, I believe he let himself be lead astray and I don't believe a total satisfaction ofthis lien is called for here." The Board asked if foreclosure proceedings had begun and Ms. Cook responded, "No formal action has been filed at this time." Mr. Wallace said, "We ask for a forgiveness because since I have been retained Mr. Nguyen has done pretty much everything he could as quick as a pace as he could to try to get this matter straightened out and - if the Board feels an absolute forgiveness is not appropriate because of the length of time and other factors - then we would ask the Board amend our affidavit to ask for a reasonable fine amount that Mr. Nguyen might have some capability of satisfying." Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida: stated "I do aware that I had the fine and violation"; was told by the person that created the problem that the mulch had been removed; and explained.his confusion about actions taken by the City of Winter Springs and Seminole County. Discussion. The present condition of the property and possible costs to the City were discussed. In response Ms. Cook said, "The property owner is petitioning you for a reduction. My opinion would be the property owner should supply you with that information. I am not going to try his case for him." Discussion. CHAIRPERSON KREBS SAID, "I MAKE A RECOMMENDATION THAT THIS - IN THE CASE OF CEB-99-818 - A REDUCTION TO THE FINE IN THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00) FOR MR. NGUYEN AND HAVE THE CITY - ARRANGE FOR A PAYMENT PLAN." MS. COOK SAID, "THE REDUCTION TO TWENTY THOUSAND (20,000.00) NOT UP TO TWENTY THOUSAND?" CHAIRPERSON KREBS THEN REPLIED, "A REDUCTION TO TWENTY THOUSAND DOLLARS ($20,000.00) - FROM ONE HUNDRED EIGHTY-SEVEN THOUSAND (187,000.00) AND CHANGE." SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE 9 OF 12 VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. Chairperson Krebs recessed the Meeting at 9:16 p.m. The Meeting reconvened at 9:23 p,m. Tape 2/Side 8 E. CASE #CEB-02-330 701 State Road 434 AVA Anthony Corporatioll1 Reduction/Satisfaction Of Lien Ms. Cook addressed the Board regarding this case and read into the record a Memorandum "Constituting a supplement to the Phelopateer's application for Release or Satisfaction of Code Enforcement Lien". Mr. Aaron Goravitz, Lowndes, Drosdick, Doster, Kantor, & Reed, P.A., 215 North Ecola Drive, Orlando, Florida: spoke of his client's [Kamil Gowni, Phelopateer, LLC] participation, litigation, and difficulties in his attempt to develop the property; and asked for "A reasonable reduction under the circumstances." Mr. Goravitz was asked if a. gas station is still in the plans for the property. Mr. Goravitz replied, "Right now we have the opportunity to file a Vested Rights case against the City and trying to get a gas station built. That is our absolute last resort if we can work out these code enforcement issues and do a different plan of sort. I don't expect that we would build a gas station but there is no firm plan in place with respect to what we are going to do." Discussion ensued regarding the City's request for an opaque fence; past communications with A VA Anthony; possible Vested Rights litigation; the "Relief Order" stipulations; and the date of compliance. Mr. Goravitz said, "We could stipulate as part of a settlement here that we wouldn't pursue the Vested Rights claim." Additionally Mr. Goravitz stated, "I just spoke to Mr. Gowni and if there was a recommendation for a nominal fine which goes to the City Council as part as any final documentation with the City Council we would agree not to UNA rl'.l~T~ n: 'r~'''' . ,l~ ",'" ~,,: W" ,<' '."{ {l"r- . \ Ii :t :; ~I ~;. ;! L ~~ t:J t.<~"'J t: G :~:; CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 10 OF 12 file the Vested Rights suit and just kind of live with the Code and get on and start developing." Brief discussion. Ms. Cook suggested, "The City might ask that in making a recommendation, you include a provision that the property, at least for mowing, be maintained on a regular basis now that the Attorney has eluded that money is coming in and they might be able to do that if it is overgrown again." Discussion City Manager Ronald W McLemore arrived at 10:09 p.m, Chairperson Krebs briefed the City Manager on the offer regarding possible litigation regarding Vested Rights and whether the offer would benefit the City. Tape 3/ Side A Manager McLemore spoke of the City's likelihood of winning the litigation and stated. "It's probably fifty/fifty (50/50), so there is some exposure to the City from a financial prospective if that litigation is pursued. So there is a value for that going away. The flip side of that is that the City has had a lot of cost and aggravation and still - piece of property. The current owner did in fact come forward to try to do something with that property, clean it up because of a decision of the City Commission, I was unable to do that. So, the best I can advise you is, yes there's something of value and I would think something of substantial value to that litigation, potentially going away." Manager McLemore departed the Meeting at approximately 10: 17 p.m, Discussion ensued regarding possible reduction figures; costs to the City involving this case; possible stipulations to the reduction; and how long before the property will be "Cleaned up". Mr. Goravitz said, "We'll mow it within seven (7) days and. . ." MOTION BY BOARD MEMBER FURTH. "I MAKE A MOTION THAT UNDER CEB-02-300, 701 STATE ROAD 434, AVA ANTHONY CORPORATION, THEIR REQUEST FOR REDUCTION/SATISFACTION OF LIEN. I RECOMMEND THAT - I MAKE A MOTION THAT WE SET A FINE OF TEN THOUSAND DOLLARS ($10,000.00) WITH A PAYMENT PLAN AS ARRANGED BY THE CITY WITH AVA ANTHONY, OR THE NEW COMPANY PHELOPATEER MAINTAIN THE PRO])ERTY PER ORDINANCE WHILE WAITING FOR CONSTRUCTION TO START. WAIVE VESTED RIGHTS SUIT, DEVELOP THE PROPERTY IN ACCORDANCE WITH CURRENT WINTER SPRINGS CODES AND ORDINANCES." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. BOARD MEMBER FURTH SAID, "I CHANGE MY MOTION TO MAINTENANCE ACCE])T ABLE TO THE CITY." "MTA ~DlJor'" UiWlaiJ[4 Ib>> CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 11 OF 12 VOTE: VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WAR1~ER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. REGULAR A. CASE #CEB-02-316 633 Dolphin Road Anthony M. & Nancy E. Pandolfi Chapter 5 (No Arbor Permit) B. CASE #CEB-02-324 216 Charles Street Maria & George Ward Chapter 5 (No Arbor Permit) C. CASE #CEB-02-330 118 Moss Road Cesar M. & Romonita Wilson Section 20-433. (Disabled And Unlicensed Motor Vehicle) IV. FUTURE AGENDA ITEMS The Board requested that "Swearing In Of Witnesses" be added to future Agendas and the placement of brackets in the "Finding of Fact" and "Relief Orders", V. REPORTS None. ~ UNAPPROVED VI. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 10:34 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK \City Clerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\061802 REGULAR.doc CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 12 OF 12 NOTE: These Minutes were approved at the , 2002 Code Enforcement Board Meeting. ~. .Jl..t1-12-2GG2 ~O: 01 CITY OF WINTER SPRl.1\'GS. FLORIDA APr?LlCA nON FOR SATISFACTION OR IU:LI1.ASE 011 COUE I:NFORCE.'IENT LIEN CODE ENFORCF.MF.~'T CASE II: q q - 8 18 APPUCANT: C h a n h Q. N g u y..e..o ADDRESS: ILl. 0 q S t p p n l' p 1:: r ar P CITY: \" i n LP r P R r k APPUCATlONFEE: $ Gl/?(OjJ DATE: STATE: Fl or; nR ZW: 1 ? 7 q ? NA'lURE OF VIOLA 110N(S): _-Rtnr..R e p 0 f h r 11 ~ h R n n cI e bLi ~ ADDRBSS 01' SIJDJECTPROPERTY:Omg.eJ.'l.e..IllLe.-.-Jl.in-t.pr S pr; n e ~ .JL 32708 DATE FTNE/l..IEN IMPOSED: Jl1J.lO /? M)O AMOUNT: _...$. 'Z '10 00 @X)RmIAAc COMPLIANCE DATE: ..a.p..p.r-D y 0 1 / 1 5 / 2 0 0 2 RELW' REQ1.JES1ED:@:~A.CT10~I3l'Xl~~M (Circle one) IF REDUCTION. 11iE APl'LlCM.'T PROPOSES S AS THE AMOUNT of: THE REDUCED I%'E. THE PACfUAL BASIS UPON \\'HlCH THE VIOLATOR BELIEVES !IDS APPLICATIO!'l SHOULD fiE GRA/'ITED:([fnwre$paccisn~o:lGdaddadditi.onalpllge5) :,1. . d j. d not. 11 n cI p r ~ t R n rI t hat the violation -'ie-lion by thp. r.; ty' of W; ntpr Spr; ngs was separat~lnd apart fro~ thp v;olRt;On-acL~(Cont'd) TERMSORCONDlTlONS TO BE IMPOSED UPO!Il APPUCAfI/T SHOl.;'LD'mEJ\PPUCA 110NBE GRANTED: (If IUOfC 5pllCe is IU:e-.1ed acid ~ddil.ional pa~) Non e THE REASONS. lP A'i'<'Y. 'YtHY TItE A?PLI~""'i' DID NOT BRING THE SlIBJECT PROPEP.TY INTO COMPLlA.."lCE PRIOR TO THE ORDrn OF PENALTY OR FINE BEING IMPOSED AND RECORD~D: (If mote spIlCC is ~td add ~ddilional pages) I did not 11 n cI P. r R t.a.n.d.. t h R t t h P. vi 01 a t..i.u.rl.-atl ion by t h P r.; t}L....D. f \oJ; n t P. r .S r r; n 8 ~--lAL8 S ( Con t 'd ) \.,. .'.J, . ANY ADDmON AL F ACTS O~ llo.,'FORM.A. TIO~ 'rnE APPLlCA..I\rr DEEMS PERTINEm TO lllE REQUF. ST. ciCLI.;mNG I3L. NOT UMITED TO. THEciRCUMS'f ANCES THATEXlSTWIDCli WOUl.D W ARAA l\'T THE REDUCTlO~ OR SATISFACTION Of PENALTY OR FINE: (lC rnore space is nC(>.ied add addi\lonal p311e.~) One of the r..s~~thp. mRTPr;Hl R hro\ll~ht to :~e~::n"slUIS?; tope Appli.;anr~ Signature . of(Cont'd) ST ATE OF E.' 0 r i .dEL.-- .COUNrYOF ::>eml. no 1~_ . Bl!PORE ME the und~ci;lllld~llb.ority didpcucmll)'appc:ar C h a n h . Q. N..g.lt.J-,e..IL... who provided FL Dr: ~a L. c -en s <WlI: Idcl1tlt\cadon, !lJld who aIler bclng V1w: under 00\1h. swore OT affinnro the infomuuol1 conllli~ wiUUn \his u.pplieatlon IS lr\II: and cotreCl Not~ . .Xande. f'/~ ~ ....... 1"$' ~ * ... ""'10.. ~ ~ .. ~~- N,t:-.!. ~ ;::; . _N ." 10 '1;().. ... .:::- .. ~U" ~v.' , c?a ' ~__. ~ :: .~~ ~vp" ~ = * .: 1..... :: =. .... . JI( =. ~ ~ ~ 100008948 : g: ~ ~~. . :fJ;:: ~~... ~~~ ..~S ~ :7-'A ..7~i1-tc9P~-... ~ ~ ~/. 'tIS,........ d< ~ Illl ~{C ST~~ ~"", IIIII/i, "'""'" TOIfL P; 02 .. . ~ 1 (Cont'd from previous page) by Seminole County. I was under the impression that once Seminole County was satisfied everything was done. Throughout this process I was receiving "help" from the person who sold me the property. Only his "help" was not resolving the situation. When it came to my attention that this was not the case I retained Mr. George Wallace and with his assistance found out what needed to be done and complied. . separate and apart from the violation action by Seminole County. I was under the impression that once Seminole County was satisfied everything was done. Due to my lack of understanding the entire situation, I failed~to appear at the Code Enforcement hearing. The person who sold me the property was attempting to assist me in resolving this matter, but his knowledge was as limited as mine. I retained Mr. George Wallace and he met with the attorney for the City of Winter Springs at the site, found out what needed to be done and then notified me. At that point, I then complied. '" a pond on the South side of the property. I was under the impression that the City of Winter Springs ~new that this was my intention and that it met with their approval. GEORGE B. WALLACE, ESQ., P.A ATTORNEY AT LAW 700 W. FIRST STREET SANFORD, FLORIDA 32771 (407) 323-3660 FAX (407) 323- 2475 May 21,2002 Ms. Jimmett Cook City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Re: Application for Elimination of fines imposed upon property owned by Chanh Nguyen, Case No. 99-818 Dear Ms. Cook: My client's property is located one-half in Seminole County and one-half in Winter Springs city limits. Sometime around the end of 1998, he had materials brought to the property for the twofold purpose of: (1) repairing a seriously eroded slope of a pond on the south side of the property and, (2) to generate a small amount of revenue from the property. Seminole County Code Enforcement took exception to the mulch that was being stockpiled on their side and required that it be spread out immediately, which he did. The county waved any fines which would have been charged to him and he thought everything had been handled. Unfonunately Mr. Nguyen did not realize that the code violation action brought by the City of Winter Springs was separate and apan from the code violation action brought by Seminole County. Due to this misunderstanding, he failed to appear at the code enforcement hearing and, as a result, violation was found and fines imposed. He was under the impression that the city knew his intentions were to fill a portion of the pond located on the property and that these intentions complied with the City of Winter Springs codes. Many months passed before he understood that fines were accruing and that many thousands of dollars had accrued already. He now had fines, a pond with a still unfinished slope, and a big problem with little understanding of how to resolve it. He had also been depending on help from the person he purchased the property from Mr. James Meade. UnfortUnately for my client, Mr. Meade's knowledge of how to h.mdle the growing situation was not as great as my client thought. Mr. Nguyen came in for a consultation, where he informed me of the situation. Once I was retained I set up an appointment to meet the City's attorney out at the property to figure out exactly what needed to be done. I then contacted my client to forward this , \ .,..... ", .." ,:.. .' ~ i. information to him and he acted immediately to resolve the situation (sometime around March 15, 2002). ' . ': We are respectfully requesting that you eliminate the fines against my client's property. Had he completely understood what was taking place from the beginning and not been "steered" in the wrong direction from the previous owner of the property, he would have immediately taken whatever actions were necessary to resolve the situation. Mr. Nguyen can assure the City that no future violations will occur. A copy of the Affidavit of Compliance executed by you is provided herewith. Very truly yours, GEORGE B. WALLACE, ESQ., P.A. ~~ George B. Wallace, Esquire GBW/alx copy: Chanh Nguyen ,', ..1.' ," " , .' '.'," .:,'! . ~ 10 '-' ) LAKE JESSUP L 0 8, A I - 8. C 8. B 1.0 B l.A 6.0 OA4A,( 4r( O~ ~'--'--'---rGk;A.~~ CD Q;NT%L W1JvllS.l' ~ 11.0 II 10 B 11 " Wl1Vl':€.l{ SPb.,..... f : "''-U.VGS l11Gll SClloOL 10 J 11 \ \ i ~~2:---1__ <f>~" I ". '---r- ~.1> 1'/___. "'- CITy lt1LL ------'- ~~ 16.C ?j"-- \~-1>0 .\ ,L. \, "'.(J --5\ II I 16 . A 1(;17 I' 3D-2C>-31 II II ,,"" 1::\ '- ~'l> ~ " LO II 1$ LA \I 1] 11 IS-A 11 'l> 11. 0 11 11 11 17.( "'4 Il & MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04221 PG 1807 CLERK'S ~ 2001779026 RECORDED 11/16/2001 02:13:01 PM RECORDING FEES 6.00 CODE ENFORCEMENT BOARD Omtfl1S)ED BY L McKinley CITY OF WINTER SPRINGS, FLORIDA , ..., I. II. II "'" 11111 11111111 " 111111111/ III 11111111111/111 ~City of Winter Springs Petitioner, Complaint No. CEB-99-818 v. Chanh Q. & Ngan N. Nguyen 4409 Steed Terrace Winter Park, FL 32792 Respondent. ORDER IMPOSING PENALTY/LIEN THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on January 18, 2000,'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~ AJ(/) Order which was reduced to writing. g ;;:;~ Said Order required Respondent to take certain corrective action by April 9, 2000, as more .~_ ~"""- . . . ") '::J 0 specIfically set forth In that Order. ., :., r- An Affidavit of Non-Compliance, bearing the date of April 10,2000 has been filed with the Board by.::'~ the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action ,':::g was not taken as ordered. := i~j ~ ORDERED THAT RESPONDENT PA Y to the City of Winter Springs a fine in the amount of::.. ~~:< $250.00 per day in reference to the property that exists at the (Orange Avenue) West one-half(I/2) of :.;j~ Lot 15 of the D. R.Mitchell survey of the Levy Grant in the City of Winter Springs described as: LEG WEST (Yz) OF LOT 15 BLOCK B, D. R. MITCHELLS SURVEY OF THE LEVY GRANT PARCEL 26-20-30-5AR-OBOO-0150 PB 1 PAGE 5, OF SEMINOLE COUNTY OWNED BY CHANH Q. & NGAN N. NGUYEN 4409 STEED TERRACE, WINTER PARK, FL 32792 This Order ifrecorded in the pubiic records shaii constitute a Hen 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 Statute~ . DONE AND ORDER this ;U It- day of t~ Seminole County, Florida. ,at W~ ~~)5 --...) CD ~ ill :I: Ul z o ,- rr, ("") o Code Enforcement Board of the City of Winter Springs, Florida '.". ~. . ~ C7" · -J CT\ o Ul -.J t.::) o CO .c- , ~1__ .:0 ->. .-):> :~:u '.;i-< ):> '7 .: :-,.-; '.'~ Fil ....0 ..-.,';0 .. '(/) ~fTl '-- :0 -f W .::>0 ...)-n ~. -., ('") J> :- :4' rr. " ,,0 :>:<:' GlO rTlcn ~ MEMORANDUM DATE: June 27,2001 TO: Ron Mclemore, City Manager THROUGH: Charles Carrington, Community Development Director FROM: Jimette Cook, Code Enforcement Manager RE: Foreclosure reconunendation On June 19,2001, the Code Enforcement Board recommended foreclosure on an undeveloped parcel located behind Winter Springs High School. There is an outstanding Code Enforcement lien on the property in excess of$100,000, The property was annexed into the City several years ago at the request of the owner, but was never assigned a zoning classification. There is an abandoned borrow pit on the property that occupies most of the parcel. The parcel is located on the east side of Central Winds Park. The Department of Environmental Protection, the St. John's River Management District, and other local and state agencies have been concerned about environmental issues on this property for some time. I am requesting that we move quickly to ascertain ifforeclosure is in the City and the community's best interest, and if so, promptly begin proceedings. Information to be provided by attorney's Staff prior to meeting .. .' Prepared by and return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P,A. 225 East Robinson Street PO Box 2873 Orlando, Florida 32802-2873 Parcel I.D, No: 26-20-30-5AR-OBOO-0150 . CODE ENFORCE:MENT LIEN SATISFACTION AGREEMENT . THIS CODE ENFORCE~ENT LIEN SATISFACTION AGREEMENT (hereinafter referred to as the "Agreement"), made and executed this day of , 2002, by and between the CITY OF WINTER SPRINGS, ~ Florida municipal corporation (hereinafter referred to as "City"), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHANH Q. NGUYEN and NGAN M. NGUYEN, husband and wife (hereinafter referred to as "Debtor"), whose address is 4409 Steed Terrace, Winter Park, Florida 32792. . WITNESSETH: WHEREAS, on August J., 2000, the City duly recorded a code enforcement lien on Debtor's property; and WHEREAS, said lien is recorded in-the public records of Seminole County at Official Recdrd Book 3895, Page 1676 (hereinaft(~r referred to as "Lien") and affects Debtor's real property described thereunder ("Lien Property"). A copy of said Lien and the legal description of the Lien Property are attached hereto as Exhibit "A," which is fully incorporated herein by this reference; and WHEREAS, the Lien amount is One Hundred Eighty-Six Thousand and NoI100 Dollars ($186,000,00) and is duly owed by Debtor to the City; and WHEREAS, in accorda.nce with Section 2-61.5, Winter Springs Code, Debtor filed an . application with the City for purposes of seeking a reduction and satisfaction of the Lien; and Page 1 of 7 ~ WHEREAS, on July 22,2002, the City Commission of the City of Winter Springs, having reviewed Debtor's application, heard testimony and representations from Debtor and his duly appointed representative, reviewed mitigating factors, and otherwise being fully' advised of the circumstances, approved with conditions a reduction and satisfaction of Debtor' s Lien under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. 2.0 Satisfaction of Lien. The City agrees to reduce and satisfy the Lien under the following terms and conditions: 2.1 Voluntary AnnexatioD. The Debtor hereby agrees to file with the City within thirty (30) days, and prosecute through conclusion, an irrevocable voluntary annexation application (including a metes and bounds legal description surveyed by a surveyor licensed in Florida)for the real property owned by Debtor and located adjacent tot he 'eastern bou"iidary of the Lien Property. The annexation property is legally described and depicted on Exhibit "B," which is attached h€:reto and fully incorporated herein by this reference, Upon filing, the City shall proceed with the annexation of Debtor's property in accordance with Chapter 171, Florida Statutes and applicable City Codes, 2,2 Paymemt. Debtor agrees to pay the City an amount equal to Ten Thousand and No/tOO Dollars ($10,000.00), as full and complete satisfaction of the Lien, Said payment shall be made by check in eighteen (18) monthly installments, according to the payment Page 2 of 7 -:- schedule attached hereto as Exhibit "c." Payment shall be made on the first day of each month, beginning January 1, 2003, until the amount is fully paid, A total of Five Hundred Dollars ($500) in carrying charges shall be added to the fine, but said Five Hundred Dollar ($500) fee shall be waived if the full amount of the fine is paid prior to May 30,2004, A fee of Twenty-Five Dollars ($25,00) shall be added to any installment that is not paid when due. The City shall have the right to require payment by certified check or money order. Debtor may prepay said amount at any time, Payment shall be sent by U.S, mail or hand delivered to the City's Finance Director at the City's address set forth in Paragraph 14.1 of this Agreement. Upon full payment, the City shall promptly record a release of code enforcement lien in the public records of Seminole County, Florida. 3.0 Default by Debtor. Failure of Debtor to perform each and every one of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief or, alternatively, the termination of this Agreement. Prior to filing - any action or-terminating this Agreement asa result of Debtor' s default under this Agreement, the City shall first provide Debtor with written notice of said default. Upon receipt of said notice, Debtor shall be provided ten (10) calendar days in which to cure the default to the City's complete satisfaction, If the City elects to terminate this Agreement, Debtor shall lose all rights and privileges under this Agreement and the original Lien amount of One Hundred Eighty-Six Thousand and No/I 00 Dollars ($186,000.00), less any amount paid by Debtor under this Agreement, shall be immediately due and owing the . City and the Debtor's application for reduction and satisfaction shall be deemed -- automatically denied in accordarlce with Section 2-61, 5(i), Winter Springs Code, Notwithstanding Page 3 of 7 any provision contained in this Agreement, the City reserves any and all rights and privileges under the law including, but not limited to, Chapter 162, Florida Statutes, and the Winter Springs Code, to collect the amounts owed under the Lien, 4,0 Successor and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of the Lien Property, 5.0 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Winter Springs Code, 6,0 Amendments. This Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission or City Manager of the City of Winter Springs, 7.0 Entire Agreement. This Agreement contains the entire agreement between the parties as to the subject matter hereof 8,0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a eourt of competent jurisdiction, the City shall have the unconditional - right to either terminate thi S. Agrt::eIl1ent, modify this Agreement with the Debtor's. consent, or remain in the Agreement as modified by the court. 9.0 Recordation. Upon full execution of this Agreement by the parties, this Agreement shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land, 10. Oeity' s Police Powers. Debtor acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers, Page 4 of 7 11.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law, 12,0 Payment of City's Costs and Expenses. Debtor agrees to pay all costs and expenses incurred by the City in enforcing this Agreement to the extent not prohibited by applicable law including, but not limited to, reasonable attorneys' fees through all appellate proceedings, 13.0 Duration. This Agreement shall remain in full force and effect until the requirements of this Agreement have been completely satisfied by Debtor and the City records the release of code enforcement lien pursuant to Paragraph 2.2, unless sooner terminated by City in accordance with Paragraph 3.0 ofthis Agreement. 14,0 Notices. All notices and correspondence in connection with this Agreement must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: 14.1 If to City: Mr, Ronald W. McLemote;-CityManagef City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 14.2 If to Debtor: Chanh Q, Nguyen Ngan N, Nguyen 4409 Steed Terrace Winter Park, Florida 32792 Page 5 of 7 15.0 Waiver. Extension of the time for payment or modification of amortization of the amounts due hereunder shall not operate to release the liability of Debtor or any successors in interest of Debtor. Any forbearance by the City in exercising any right or remedy under this Agreement including, without limitation, City's acceptance of payments from Debtor, third persons, entities or successors in interest of Debtor or in any amounts less than the amount then due, shall.not constitute a waiver of or preclude the exercise of any right or remedy. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WITNESSES: Print jft Jg,. L.d~~~-f{ I ~~;, ~~ P' Name::r~""'Ic..e- C\. \ \~d.I~t) ..... ~ ;(a~ _ Print Name: {:.) my an d t'C-S ~)Ya~' Print Name:,{ t...d~( ST ATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS, a Florida Municipal Corporation: By: ;(~tJ,14-1(~ Ronald W. McLemore, City Manager . DEBTOR: By ~tfLil~ Chanh Q. Nguyen I hereby certify that the foregoing instrument was acknowledged before me this I ~ day of Sept. ,2002, by CHANH Q. NGUYEN, 0 who is personally known to me, or erwhci has produced as identification, ~~~~ N6TARY PUBLIC ~ s ...~~~\SS/ON~'" \ ~ ..~G ~c'rll0'.?a ~'. ~. : ::J1~ ~~..:. =*_ en. = =: ..... :*= - . . - ~ ~ ~. #00098948 .: S'i ~::;:;.\. A..... . .. ~;:: ~~)-.. ~~~ ...~~ ~ A..~'1fm-K'6UlP~-'. ~ ~ ~"'.I t'.ll, :c..... ~~ "-~ ....~ 'I'I"J~fI STA: \ ~ v :Ii''''' 11111/; lllll\\\\\\~ Page 6 of 7 ~ xa4t~ PnntName: f}/J1Y t}/Jders ~'::n(~- By ~ Print Name: ~ (IILL ALR;{) d Ngan. Nguyen STATE OF FLORIDA COUNTY OF SEMINOLE ^ , . . I hereby certify that the foregoing instrument was acknowledged before me this I ~ day of ~ ,2002, by NGAN M., NGUYEN, 0 who is rsonally known to me, or 0 who has produced ('\C.-",t\ \>-\--1.....- as identification. \ . ~ 1 .....". ~~\'fi :--. CAROLYN D. AD[<JNS . f*: ~;r.~l MY COMMISSION # DO 083886 I ~.:.,~~ EXPIRES: January 13, 2006 : '1J.P'r..r,.~' Bonded ThN Notary PublIc Underwrllers Page 7 of 7 THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on January 18, 2000, 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 ~ :--ou> Order which was reduced to writirtg., _ g ~~ Said Order required Respondent to take certain corrective action by April 9, 2000,as more ;:::::. :=g:<:: specifically set forth in that Order. . -;') ;7{~ An Affidavit of Non-Compliance, bearing the-date of April 10, 2000 has been filed with the Board by:~ . the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective act;!~n ~.',.::~ was not taken as ordered. ~,j::::; ORDERED THAT RESPONDENT PA Y to the City of Winter Springs a fine in the amount of:.:.. ~;;:< $250.00 per day in reference to the property that exists at the (Orange Avenue) West one-half (1/2) Of :~~ Lot IS of the D. R. Mitchell survey of the Levy Grant in the City of Winter Springs described as: LEG WEST (Yi)i OF LOT 15 BLOCK B, D. R. MITCHELLS SURVEY OF THE LEVY GRANT PARCEL 26-20-30-SAR-OBOO-0150 PB 1 PAGE 5, OF SEMINOLE COUNTY OWNED BY CHANH Q. & NGAN N.NGUYEN 4409 STEEP TERRACE, WINTER PARK, FL 32792 This Order if recorded in the public records shall 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. :ft.- DONE AND ORDER this ~~ day of *H-J. Seminole County, Florida. . . CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA City of Winter Springs Petitioner~ Complaint No. CEB-99-818 v. Chanh Q. & Ngan N. Nguyen 4409 Steed Terrace 'Winter Park, FL 32792 Respondent. ORD]~R IMPOSING PENALTYILIEN , at CO ~ \e-<~^1-\ Code Enforcement Board of the . City of Winter Springs, Florida .? (~~;m ;dy airman . . . CERTlfIBD. COpy OFFlICE OF THE CITY CLERK 8-'Pf-Gf\W~:ttGGS FI ORI[),A r 11 . J ~ [9- .,.,l-^'-., .,~_ ,t-,_.... ~ ~-- EXHmIT "A" CJ1 -.J I=> o CO .c- . ~ I ~...". ,~... :::;:)> .......::x:J . .-'-<- ''1 ....,)> ". ::z: "',.,;:Z: . ..) I"T1 ~''':: :J: ''"!O ~J~ ~rr'I '-- :0 -f --....) co ~ \..D ~ Ul z o r rr. ('") p ::D .::JO ...).." ~:~ n . :!> ...- ::c fT'\ " -;,0 ~::o C)O rTlcn .." en .. -J (T\ " ,} ",,:.< . LEGAL DESCRIPTION Leg East (1/2) of Lot 15, BlockB, D.R, Mitchell's survey of the Levy Grant, according to the plat thereof, Parcel 26-20-30-5AR-OBOO- 015A, as recorded in Plat Book 1, Page 5, of the Public Records of . Seminole County, Florida, EXHIBIT "B" ", , CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT' CHANH Q. NGUYEN and NGAN M. NGUYEN PAYMENT SCHEDULE 1. January 1, 2003 $ 250 2, February 1, 2003 .$ 250 3. March 1, 2003 $ 250 4. April 1, 2003 $ 250 5, May 1, 2003 $ 250 6. June 1, 2003 $ 250 7. July 1, 2003 $ 500 8. Au.gUst 1, 2003 $ 500 9. September 1, 2003 $ 500 10, October 1, 2003 $ 500 11. November 1,2003 $ 500 12. Dt::cember 1, 2003 $ 500 13. January 1, 2004 $ 500 14. February 1, 2004 $1,000 15. March 1, 2004 $1,000 16, April 1, 2004 $1,000 17. May 1, 2004 $1,000 18. June 1, 2004 $1,5'00 EXHffiIT "C" . >' ; . , -."., f . l- MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04799 PG 1730 CLERK'S # 2003071431 RECORDED 04/36/2603 11:42:13 AM RECORDING FEES 46.513 RECORDED BY 6 Harford' Prepared by and return to: Anthony A. Garganese, City Attorney r Brown, Salzman, Weiss & Garganese, P,A. 225 East Robinson Street PO Box 2873 Orlando, Florida 32802-2873 Parcel I.D. No: 26-20-30-5AR-OBOO-OI50 CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT THIS CODE ENFORCEMENT LIEN SATISFACTION AGro:EMENT (hereinafter referred to as the "Agreement"), made and executed this 24th' day of March, 2003, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHANH Q. NGUYEN and NGAN M. NGUYEN, husband and wife (hereinafter referred to as "Debtor"}, whose address is 4409 Steed Terrace, Winter Park, Florida 32792. WITNESSETH: WHEREAS, on August Jl, 2000, the City duly recorded a code enforcement lien on Debtor's property; and WHEREAS, said lien is recorded' in the public records of Seminole County at Official Record Book 3895, Page 167 6 (hereinaft~:r referred to as "Lien") and affects Debtor's r.eal property described thereunder ("Lien Property"). A copy of said Lien and the legal description of the Lien Property are attached hereto as Exhibit "A," which is tliUy incorporated herein by this reference; and WHEREAS, the Lien amount is One Hundred Eighty-Six Thousand and Noll 00 Dollars ($186,000,00) and is duly owed by Debtor to the'City; and WHEREAS, in accordance with Section 2-61,5, Winte'r Springs Code, D'ebtor filed an .' . application with,the City for purpo&esofseeking a reduction and satisfaction of the Lien; and , ", { ; . .;, . . .;.... . , ' \ . "" <;!Page lot. 7 -_.. .,-- -- .--- ------.---- ----"i~- FILE NUM 2003071431 OR BOOK 04799 PAGE 1731 j .. WHEREAS, on July 22,2002, the City Commission of the City of Winter Springs, having reviewed Debtor' sapplication:.heard testimony and. representations from Debtor and his duly appointed representative, reviewed mitigating factors, and otherwise being fully advised of the . circumstances, approved with cQnditions a reduction and satisfaction ofDebtor'sLien under the terms . . . and conditions set forth in this Agreement. NOW THEREFORE,jn consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. o Recitals. The foregoing recitals are hereby incorporated herein by this reference and . deemed a material part of this Agreement. 2.0 Satisfaction of Lien. The City agrees to reduce and satisfy the Lien under the following terms and conditions: 2.1 . Voluntar"y Annexation. The Debtor hereby agrees to file with the City within thirty (30) .days, and prosecute through conclusion, an irrevocable voluntary annexation application (including a metes and bounds legal description surveyed by a surveyor licensed . - in Florida) for the real property owned by Debtor and located adjacent to the eastern boundary of the Lien Property, The annexation property is legally described and depicted on Exhibit "B," which is attached he:reto and fully incorporated herein by this reference. Upon filing, the . City ~hall proceed with the annexation of Debtor' s property in accordance with Chapter 171, Florida Statutes and applicable City Codes. 2.2 Payment~ Debtor agrees to pay the City an amount equal to Ten Thousand and No/tOO Dollars ($10,000.00), as full and complete satisfaction of the Lien. Said payment shall be made by check in eighteen (18) monthly installments, according to the payment Page 2 of 7 11 ._------_._-'_._------_._---._--_..-_..~ . . FILE NUM ~003071431 OR BOOK 04799 PAGE 1732 : .... ; . ; schedule attached hereto as Exhibit "c.". Payment shall be made on the first day of each mohth, beginning Janua.ry 1, 2003, until the amount is fully paid. A total of Five Hundred Dollars ($500) in carrying charges shall be added to the fine, but said Five Hundred Dollar ($500)fee shall be waived if the full amount of the fine is paid prior to May 30,2004. A fee of Twenty-Five Dollars ($25.00) shall be added to any installment that is not paid' when due, The City shall have the right to require 'payment by certified check or money order. Debtor may prepay said amount at any time. Payment shall be sent by U.S. mail or hand delivered to the City's Finance Director at the City's address set forth in Paragraph 14.1 of this Agreement. Upon full payment, the City shall promptly record a release of code enforcement lien in the public records of Seminole County, Florida. 3.0 Default by Debtor. Failure of Debtor to perform each and every one of its obligations ~ereunder shall ,constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief or, alternatively, the termination of this Agreement. Prior to filing any action or terminating this Agreement as a result of Debtor' s default under this Agreement; the City shall first provide Debtor with written notice of said default. Upon receipt of said notice, Debtor shall be provided ten (10) calendar days in which to cure the default to the City's complete satisfaction. If the City elects to terminate this Agreement, Debtor shall lose all rights and privileges under this Agreement and the original Lien amount of One Hundred Eighty-Six Thousand and Noll 00 Dollars ($186,000.00), less any amount paid by Debtor under this Agreement, shall be immediately due and . . owing the City and the Debtor's application for reduction and satisfaction .shall be deemed automatically denied in accordance with Section 2-61, 5(i); Winter Springs Code. Notwithstanding Page 3 of 7 .__....________.___..._._._"..._ .._ _,,___.....m._..__ _........____ .C.._ '-_....___...____._____.. __..-:-. __.___._..... _.___..__....,_.___._._._ ); ; I' .' FILE NUM 2003071431 ' OR BOOK 04799 PAGE 1733 any provision contained in this Agreement, .the City reserves any and all rights and privileges under the law including, but not limited to, Chapter 162, Florida Statutes, and the Winter Springs Code, to collect the amounts owed under the Lien. 4,0 Successor and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the. successors and assigns of the Lien Property. . ..-.. 5.0 Applicable Law.!, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Winter Springs Code, 6.0 Amendments. This Agreement shall not be modified or amended except by written agreement executed by all. parties hereto and approved by the City Commission or' City, Manager of the City of Winter Springs. 7.0 Entire Agreement. This Agreement contains the entire agreement between the' parties as to the subject matter hereof 8.0 " Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, ~he City shall have the unconditional right to either terminate thi:s Agreement, modifY this Agreement with the Debtor's consent, or remain in the Agreement as modified by the court. 9.0 Recordation. Upon full execution of this Agreement by the parties, this Agreement shall be recorded by the City in the public records of Seminole County, Florida, and~hall run with the' land, 10.0 .Citv's Police Powers~ Debtor acknowledges and agrees that the City hereby reserves' all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargairung' away or surrendering its police powers, Page 4 of 7 ..-'i.,----~---.._~---_.---.. :..--..-"+-.-----"-...-.-..--.-.--.----.---:.-------- , ~ :- , FILE~UM ~003071431 OR BOOK 04199 pAGE 1734 11.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under.Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law, . . 12.0 Payment ofCih"s Costs and Expenses. Debtor agrees to pay all costs and expenses incurred by the 'City in enforcing this Agreement to the extent not prohibited, by applicable law including, but not limited to, reasonable attorneys' fees through all appellate proceedings. 13.0 Duration. This Agreement shall remain hi full force and effect until the requirements of this Agreement have been completely satisfied by Debtor ~nd the City records the release of code enforcement lien pursuant to Paragraph 2,2, unless sooner terminated by City in accordance with Paragraph 3.0 of this Agreement. 14.0 Notices. All notices and correspondence in connection with this Agreement must be . . . in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: 14,1 If to City: Mr. Ronald W. McLemore, City Manager City of Winter Springs. 1126 East State Road 434 Winter Springs, Florida,32708 . Telephone: 407-327-5957 Facsimile, 407-327-4753 14.2 If to Debtor: Chanh Q, Nguyen Ngan N. Nguyen. 4409 Steed Terrace Winter Park, Florida 32792. Page 5 of 7 --_._-----------~-_.- FILENUM 2003071431 OR BOOK 04799 PAGE 1735 15.0 Waiver.' ,Extension of the time for payment or modification of amortization of the . . amounts due hereunder shall n01~ operate to release the liability of Debtor or any successors in interest of Debtor. Any forbearance by the City in exercising any right or remedy under this Agreement including, without limitation, City's acceptance of payments from Debtor, third persons, entities or successors in interest cifDebtor or in any amounts less than the amount then due, shall not constitute a waiver of or preclude the exercise of any right or remedy. . "OJ. . ., - IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WITNESSES: Print jft it!{ L~<k.Jf I CITY OF WINTER SPRINGS, a Florida Municipal Corporation: ~~~-, '?~. P' Name:::)"",,!'") I c..e- ~ \ \~~I~() II II -~ By: If/~i /,/, 1-1'1 C . . Ronald W. McLemore, City Manager """ ~', :,4." ':'~~~;. ,B~ ;( aA~~ .. Print Name: ;:::) In. y' and pc-s DEBTOR: ~. \ ..~ .~~ . ~,{IY'ffI~~d:..v,. By: J)qsJz;(Li\~... Chanh Q. Nguyen STATE OF FLORIDA COUNTY OF SEMINOLE, I hereby ,certify that the foregoing instrument was acknowledged before me this lo::J-fn day of SE'p-t-,' ,2002, by CHANH Q~ NGUYEN, 0 who is personally known to me, or e-who has produced as identification, /\_'. v: ",\,\\l~~1''.'',1. ~ ~'-~~'!% NOTARY PUBLIC ~ ...o~~'SSION(:'~... ~ ~ .. ~G'!l\c" 10'<'n_ ~.. ~ ::: :~ ~ "tb%~::: =*. (I).,::: =: .... :*= '. Page 6 of 7 . %5\ #00098948 :~i . : '. - . ~~.. A._. . ... ~$ . , .' . ~~}-...~~~ ...~~ . '. ~ ,ou... 11'I-1 ...Ii:'<v~ '. :' . '.' ~1",5'llc'.si~1'C. Cl"",,, . ~~--~~,-_._----------_._--~---______II""""I'\\\\\'" -.--------.---.---.----- '\ ; j i FILE NUM2003071431 OR BOOK 04799 PAGE 1736 V7/J1A.( Xt7Al/Jpb:J Pnnt Name: _f}my /IJ./} /'1 frS ,- ~'::n(~- . By Print Name: loRfLHA (lit 1-- 'Lc\U4.;Q t; ~ Ngan . Nguyen' STATE OF FLORIDA . COUNTY OF SEMINOLE , .. . ':ll .' ,,'. . .' . A l\. . I hereby certify th~t the foregoin~ - instrument waS 'acknowledged before me -this i){ '" day- of lI)v~J>...,.).;- ,2002, by NGAN M. NGUYEN, 0 who is 'p~rsonallyknown to me, orO who has produced - (jC- \~.~ " 'f \ \>'\ ....l ~- as idt:ntification. . I'; ~. 'X] ~ .. {a~: 1 (R-/ " Lif' ' . / NOTARY UBLIC . -. ..1.~!f.rr\\ CAROLYN 0, ADKINS ._ g*/A-'~ :*i MY COMMISSION # DO 083886 i ;~i~$l EXPIRES: January 13,2006 ! ~"',?r.I~" _ Bonded ThRJ Notary PubUc Underwriters ~ ___ --.l. Page 7 of 7 ----- --- -----... ---- __ -______ ______ - _.__ _. .______ _. ___.__n _"____ .. _________ _..______ .__.._.___ __ ___ ____ '.~ ; < . . FILE.~UM 2003071431 . CODE ENFORCEMENT BOARD OJUffImlOK 04799. PAGE 1737 ~ITY OF WINTER SPRINGS, FLORIDA 'City of Winter Springs Petitioner, . . . Complaint No. CEB-99-818 v. Chanh Q. & Ngan N. Nguyen 4409 Steed Terrace . 'Winter Park, FL 32792 Respondent. ORDER IMPOSING PENAL TYfLIEN n CJ1 -...J , .:::> a co ..r:- ::23 ..-}: :;;:J; . '1-< '.:!~ H _ -,.. '.:') ,;; ~.-= 3: .~o ~}~ :2fT1 ~o -i THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on ... January 18, 2000, after due notict: to Respondent, at which the Board heard testimony under oath, received evidence"and issued itsFil1dj,ngqfF;act.anq C,~nclusions ofLaW,andJ\1ereupon issued orall"'-V . . ....\ .. I.. . ," . i 1 . ': -".' ~~." ..+....,.;'.~., .,.. .". ". ." . ." C::J:::-O UJ Order which was reduced to writillg, ..... ..,<. '. . 0'. "'C"''':. .... '. :5 .~":' Said Order required Respondent to take certain corrective action by April 9, 2000, as more ;::-". ::g: speci ficaIly set forth in that Order,. . .;> ;~;2 An Affidavit of Non-Compliance, bearing the date of Apr~ll 0,2000 has. been filed with the Board by:~ the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective acrien :':::@ --... l","~- was not taken as ordered."j ~ ORDERED THAT RESPONDENT PA Y to the City of Winter Springs a fine in the amount of:.:. ~;:j:< $250.00 per day in reference to the property that exists at the (Orange Avenue) West onec'half(1I2) Of :~~ Lot 15 of the D. R: Mitchell survey of the Levy Grant in the City of Winter Springs described as: LEG WEST (!I~) OF LOT 15 BLOCK B, D. R. MITCHELLS SURVEY OF THE LEVY GRANT PARCEL 26-20-30-5AR-OBOO-0 150 PB 1 PAGE 5, OF SEMINOLE COUNTY O\VNED BY CHANH Q. & NGAN N. NGUYEN 4409 STEED TERRACE, \VINTER PARK, FL 32792 This Order ifrecorded in the public records shall constitute a fien 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 Sta~utes.; J DONE AND ORDER this ;'C;..~ day of *~ Seminole County, Florida. ,at W~ ~~)5 Code Enforcement Board of the City of Winter. Springs, Florida o r rr. ("") o (~~/!U/ In ,;Iddd~ ~ .~an CEftTlflBD COpy OFF:'ICE OF THE CITY CL~RK CI~ OF\\~NrTE1 SJ~INGS, FLORID.A ~ i~.A ~'::-~ _.. ~ ~- EXHmIT "A" . . . . . . ,. , . _ __4_..___._._.._._______.__..__~_.__..;.,..~_....:..._______~_.~.__c__......__..______."'--__.. ._.___....._. __._._..____..._..._ __'_"___'__ '.' ':~ . --...:> a> '5 ~ \.D ~: 3: CJ1 . -o! 0" ~i --.J ", I ..~ FILENUM2003071431 OR BOOK 04799 PAGE 17~8 LEGAL DESCRIPTION . . . , Le~ East (1/2) of Lot 15, Block B, D,R.Mitchell's survey of the Levy Grant, according to the plat thereof, Parcel 26-20-30-5AR-OBOO- 015A,as recorded in Plat Book 1, Page 5, of the Public Records of Seminole, County, Florida. EXHffiIT "B" . , ----.------.--- --.---..----.--" -.-. .- -.--..-----.....--- .--.-.... ;.. FILE .NWM 2003071431 OR Book'04799 PAGE 1739 CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT CHANH.Q. NGUYENand.NGAN M. NGUYEN PAYMENT SCHEDULE 1. January 1, 2003 2,February 1,2'003 . 3.. Ma'rch 1, 2003 4, April 1 ~ 2003 5. May 1,2003. '6. June 1,2003 7. July 1, 20'03 . 8. August 1,2003 9, September 1, 2003 10. . October 1, 2003 11. .November 1, 2003 . 12. December 1, 2003 13. January 1,2004,. 14, F:ebruary 1; 2004 15. March 1,2004 16. April 1', 2004 17, May 1,2004 18. June 1 ~ 2004 $ 250 $ 250 $ 250 $ 250 $ 250 $ .250 $ 500 $' 500 . $ 500 $ 500 $ 500 $ 500 $ 500 $1,000 . $1,000 $1,000 $1,000 $1,500 EXHlBIT "C" ----.-...---.-...,...--. -------~.