HomeMy WebLinkAbout2013 03 11 Regular 601 Code Enforcement Lien Reduction Request for 744 Sherwood DriveCOMMISSION AGENDA
ITEM 601
March 11, 2013
Regular Meeting
Informational
Consent
Public Hearings
Regular
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KS
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City Manager Department
REQUEST:
The Community Development Department and the Code Enforcement Division of the
Police Department request that the City Commission consider the request of the Federal
National Mortgage Association /SunTrust Bank for reduction (partial release) of a Code
Enforcement Lien on property located at 744 Sherwood Drive.
SYNOPSIS:
As of February 20, 2013, the Code Enforcement Division has a lien on the subject property
in the amount of $35,965.52. The case for reduction of the lien amount to no less than
$1,065.52 was presented to and recommended for approval by the Code Enforcement Board
on February 26, 2013. The reduced lien amount represents the fine for the number of days
the property was in violation under the new owner as well as the total costs to the City (both
direct and indirect) of administering this lien.
CONSIDERATIONS:
The Code Enforcement Board first issued an order on November 15, 2011 for correction of
violation comprised of:
• Accumulation of Trash and Debris
• No House Numbers
• Tree Trimmings Bundled
The Order of the Code Enforcement Board stated that the violations were to be corrected
by November 30, 2011. The Code Enforcement Board found the property to be in
noncompliance on January 17, 2012. The lien grew at a rate of $100 /day until amounted to
Regular 601 PAGE 1 OF 2 - March 11, 2013
$35,965.52. Seminole County Public Records show that Federal National
Mortgage /SunTrust applied for Certificate of Title on June 12, 2012. The case for lien
reduction was presented to the Code Enforcement Board on February 26, 2013. The Code
Enforcement Board voted to recommend to the City Commission that the lien be reduced to
no less than $1,065.52, which represents the fine for the number of days the property was in
violation under the new owner as well as the total costs to the City (both direct and indirect)
of administering this lien.. The original amount of the lien is $35,965.52 on January 17,
2012.
The owner at the time of the violation was Manual Sarnes. The new owner of record is the
Federal National Mortgage /SunTrust.
FISCAL IMPACT:
The request represents a $34,900.00 reduction in the amount to be collected and credited at
this time to the City's General Fund. Because staffs recommendation is for a partial release
of the lien, the balance of the lien ($34,900.00) will remain an encumbrance on any and all
real or personal property owned by the original violator, Manual Sarnes.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The Community Development Department, the Code Enforcement Division of the Police
Department, and the Code Enforcement Board recommend that the City Commission
approve a partial release of lien, releasing the property at 744 Sherwood Drive from all but
$1,065.52 of the lien. The balance of the lien ($34,900.00) will remain an encumbrance on
any and all real or personal property owned by the original violator, Manual Sarnes.
ATTACHMENTS:
A - Code Board Presentation
B - Minutes, Code Enforcement Board - February 26, 2013
Regular 601 PAGE 2 OF 2 - March 11, 2013
Code Enforcement Division Attachment A
Case #11- 0026940
744 Sherwood Dr.
Federal National Mortgage /SunTrust
Sec. 2 -61.5 Reduction of Lien
Non- Compliance Hearing Date:
January 17, 2012
Inspector — C. Flannigan
Code Enforcement Division
• This violation was first presented to the Code Board at the
November 15, 2011 hearing; it was found in violation.
• The Order of the Board stated that the violations were to be
corrected by November 30, 2011 or $100.00 /day fine
imposed.
• The Code Enforcement Board found the property in non-
compliance on January 17, 2012.
• The owner of record at that time was Manuel Sarnes. The
owner of record on February 25, 2013 is Suntrust Mtg.
Code Enforcement Division
• The Affidavit of Compliance was issued on November 16,
2012.
• Seminole County Public Records shows that Federal
National Mortgage /SunTrust applied for Certificate of
Title June 2012 according to the Seminole County
Property Appraiser website.
Code Enforcement Division
• Sec. 2 -61.5 Of City Ordinance covering the application
for satisfaction or release of code enforcement liens.
• The ordinance indicates that a reduction may be requested
to the Community Development Director
• There is an application process that was to be met by the
respondent prior to this hearing.
• (5) At the hearing before the code enforcement board, the
board shall review and consider the application for
satisfaction or release of lien, provide the violator with an
opportunity to address the board regarding the application for
satisfaction or release of lien, and to take the testimony of
other interested parties, including but not limited to city staff.
Code Enforcement Division
• (6) Upon review of the application and any testimony
presented, the code enforcement board shall recommend to
the city commission approval, approval with conditions, or
denial of the application for satisfaction or release of lien.
• The code enforcement board, in determining its
recommendation, shall consider the following factors:
a. The gravity of the violation;
b. The time in which it took the violator to come into
compliance;
c. The accrued amount of the code enforcement fine
or lien;
Code Enforcement Division
d. Any previous or subsequent code violations;
e. Any financial hardship;
• (7) Any other mitigating circumstance which may warrant
the reduction or satisfaction of the penalty or fine;
• (8) After a recommendation has been rendered by the code
enforcement board, the community development director
shall place the application for satisfaction or release of lien
upon the agenda of the next regularly scheduled city
commission meeting. The City Commission may take action
solely based upon the sworn application and recommendation
of the code enforcement board, and information provided by
the violator in regard to the application for satisfaction or
release of lien.
Code Enforcement Division
Photo from the Non - Compliance Hearing in January 2012
Code Enforcement Division
Current photo where the tree trimmings were laying
Code Enforcement Division
Current photo where there were no house numbers
Code Enforcement Division
The amount of the lien is approximately $35,965.52 as of
February 20, 2012.
Community Development Division and staff is recommending
that the lien not be reduced any further than $1065.52 which
covers costs incurred by the City. This based on the quickness
of the response once ownership was transferred after the lien
was put into place.
Attachment B E...
C1TY OF WINTER SPRINGS, FLORIDA Usx
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING — FEBRUARY 26, 2013
CL
REGULAR
603. Code Enforcement Division — Police Department
Case # 11- 0026940
Federal National Mortgage Association /SunTrust Bank
744 Sherwood Drive
Winter Springs, Florida 32708
Sec. 2 -613. Application For Satisfaction Or Release Of Code Enforcement Liens.
Non - Compliance Hearing Date: January 17, 2012
Inspector: Christi Flannigan And Community Development Department
Inspector Flannigan presented the case and noted "Violation was first presented to the Code
(Enforcement) Board on November 15th 2011. It was found in Violation. The Order of the Board stated
the Violations to be corrected by November 30th, 2011 or one hundred dollar a day fine imposed. Code
Enforcement Board found the property in Non - Compliance on January 17th, 2012. The Owner of Record
at the time was Manual Sarnes. The Owner of Record on February 25th (2012) is SunTrust Mortgage.
Affidavit of Compliance was issued on November 16th 2012. The Seminole County Public Records
show that Federal National Mortgage /SunTrust applied for (Certificate of) Title in June 2012."
Photographs were shown from the PowerPoint Presentation (WS -1). Discussion.
Next, Inspector Flannigan explained that the Lien amount totaled $35,965.52. Staff was recommending
the amount not be reduced any less than $1,065.52, to cover the costs incurred by the City.
M. Tiffany Christiansen, 672 Wishaw Lane, Winter Springs, Florida: Explained the Certificate of Title
was issued to Fannie Mae /SunTrust on June 12, 2012; Received the property November 22, 2012 to
start property management; were asking for a price reduction of the lien as recommended by city staff.
"I MOVE TO RECOMMEND THAT THE CITY COMMISSION REDUCE THE LIEN TO ONE
THOUSAND SIXTY FIVE DOLLARS AND FIFTY TWO CENTS ($1,065.52)." MOTION BY
BOARD MEMBER GILTZ. SECONDED BY WENTZ. DISCUSSION.
BOARD MEMBER WENTZ: AYE
CHAIRPERSON WOOD: AYE
VICE CHAIRPERSON FISHER: AYE
BOARD MEMBER CALHOUN: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER ROERO: AYE
MOTION CARRIED.