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HomeMy WebLinkAbout2013 03 11 Regular 600 Code Enforcement Lien Reduction Request for 601 Marlin RoadCOMMISSION AGENDA ITEM 600 March 11, 2013 Regular Meeting Informational Consent Public Hearings Regular X KS RS 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 for reduction (partial release) of a Code Enforcement Lien on property located at 601 Marlin Road. SYNOPSIS: As of February 20, 2013, the Code Enforcement Division has a lien on the subject property in the amount of $38,206.82. The case for reduction of the lien amount to no less than $706.82 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 issued an order on October 18, 2011 for correction of a violations comprised of: • Pool Water Unfit • No Pool Enclosure • Fence gate in disrepair The Order of the Code Enforcement Board stated that the violations were to be corrected by November 1, 2011. The Code Enforcement Board found the property to be in compliance on December 20, 2011 and an Affidavit of Compliance was issued on April 1, 2012. Regular 600 PAGE 1 OF 2 - March 11, 2013 Seminole County Public Records indicates that the Federal National Mortgage Association applied for a Certificate of Title in November 2012. The owner at the time of the violation was William Riggin. The new owner of record is the Federal National Mortgage Association. FISCAL IMPACT: The request represents a $37,500 reduction in the amount to be collected and credited at this time to the City's General Fund. Because of staffs recommendation for a partial release of the lien, the balance of the lien ($37,500) will remain an encumbrance on any and all real of personal property owned by the original violator, William Riggin. 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 601 Marlin Road from all but $706.82 of the lien. The balance of the lien ($37,500) will remain an encumbrance on any and all real or personal property owned by the original violator, Mr. William Riggin. ATTACHMENTS: A - Code Board Presentation B - Minutes, Code Enforcement Board - February 26, 2013 Regular 600 PAGE 2 OF 2 - March 11, 2013 Code Enforcement Division Case #11- 0026800 601 Marlin Rd. Federal National Mortgage Association Sec. 2 -61.5 Reduction of Lien Request Non- Compliance Hearing Date: February 26, 2013 Inspector — Jim Flannigan Attachment A Code Enforcement Division • This violation was first presented to the Code Board at the October 18, 2011 hearing. It was found in violation. • The Order of the Board stated that the violations were to be corrected by November 1, 2011. • The Code Enforcement Board found the property in non- compliance on December 20, 2011. • The owner of record at that time was William Riggin. The owner is now Federal National Mtg. Code Enforcement Division • The Affidavit of Compliance was issued on April 1, 2012. • Seminole County Public Records shows that Federal National Mortgage applied for Certificate of Title November 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 December 20, 2011 Code Enforcement Division Photo from the Non - Compliance Hearing in December 20, 2011 Code Enforcement Division Current photo of pool covering Code Enforcement Division Current Photo shows fence repaired Code Enforcement Division Current photo front yard Code Enforcement Division The amount of the lien is approximately $38,206.82 as of February 20, 2013. Community Development Division is recommending that the lien not be reduced any further than $706.82 which covers costs incurred by the City. This based on the problem was corrected prior to Federal National taking possession of the property Attachment B CrrY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — FEBRUARY 26, 2013 REGULAR AGENDA - PART II REGULAR 602. Code Enforcement Division — Police Department Case # 11- 0026800 Federal National Mortgage Association/Fannie Mae 601 Marlin Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Non - Compliance Hearing Date: December 20, 2011 Inspector: Jim Flannigan And Community Development Department Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the item and submitted into Evidence "'WS -1', which is going to be all of the PowerPoints (Presentations) on a CD (Compact Disk) for you this evening." Corporal Flannigan noted that the Non - Compliance Hearing Date should not be in the Title on the PowerPoint Presentation. Chairperson Wood said "We will just strike that (line)." Continuing with the presentation, Corporal Flannigan stated "This Violation was first presented to the Code (Enforcement) Board at the October 18th, 2011 Hearing. It was found in Violation. The Order of the Board stated that the Violations were to be corrected by November 1St (2011). The Code Enforcement Board found the property in Non - Compliance on December 20th (2011). The Owner of Record at that time was William Riggins. The Owner now is Federal National Mortgage (Association). The Affidavit of Compliance, when the Violations were corrected, was done by me on April 1st 2012. The Seminole County Public Record shows that Federal National Mortgage applied for Certificate of Title on November 2012 according to Seminole County Property Appraiser website." Chairperson Wood asked when Federal National Mortgage actually obtained the Certificate of Title. Corporal Flannigan noted "November 11th (2012)." Discussion. Photographs were shown from the PowerPoint Presentation. Discussion. Next, Corporal Flannigan explained that the Lien amount from November 2011 to April 2012 would have totaled $38,206.82. Staff was recommending the amount not be reduced any less than $706.82, to cover the costs incurred by the City. Inspector Christi Flannigan, Code Enforcement Division, Police Department added "The way that we have come up with the seven hundred and six dollars (and eight two cents) ($706.82), is that we take anything the Public Works has done — if we put a lock on it, or we repair the gate." Further discussion on determining the amount that staff is recommending and the Certificate of Title. Ms. Beth Duff Repair Coordinator, Coldwell Banker, 2160 West State Road 434, Unit 100, Longwood Florida: Noted that they received the repair assignment on October .1s' 2012 from Fannie Mae and often will receive such repair assignments before a Certificate of Title has been issued, as in this case. Ms. Duff said the pool was covered when she received the assignment. Attachment B CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — FEBRUARY 26, 2013 Further discussion on the exact date the pool was covered, which no one could quite establish, so the Affidavit of Compliance was issued for April 1St, 2012. Continuing, Ms. Duff mentioned that the property will go on the market for sale, as soon as the lien was resolved. In addition, Ms. Duff referenced the fact that the other outstanding liens with the City had been paid in good faith, such as the mowing liens and that they would be repairing the soffits on the house. Chairperson Wood inquired about the value of the property, to which Ms. Duff believed it was roughly $80,000 to $90,000. Lastly, Chairperson Wood inquired what Fannie Mae was requesting and Ms. Duff replied "to cover the City's costs of seven hundred and six dollars and eighty two cents ($706.82). That is our request." Discussion. "I MOVE TO RECOMMEND TO THE CITY COMMISSION THAT WE REDUCE THE LIEN TO SEVEN HUNDRED AND SIX DOLLARS AND EIGHTY TWO CENTS ($706.82)." MOTION BY VICE CHAIRPERSON FISHER. SECOND BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED.