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HomeMy WebLinkAbout2014 04 22 Public Hearing 503.1 CODE ENFORCEMENT BOARD AGENDA Informational ITEM 503.1 Consent Public Hearings X Regular April Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. AFFIDAVIT OF POSTING The undersigned swears and affirms that the property known as: 101 7.Wa I n ut.C ree k.Cove City of Winter Springs case number 13-0029771 Has been posted with Notice of Code Board Hearing notice ApriI.10,2014 on . Also noticed by Certified Mail through the United States Postal Service. Property Posted by: Howard"Butch"West The above signed person has sworn to this statement on /0111 day of f pri I 20(4 . uwairour y_ _iiA,t1,04,172A) Notary Signature =o�.r"IN, Notary Public State of Florida Mandy l Minnetto c` My Commission DD982178 Stamp: orM1O� Expires 05/11/2014 CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD, COMPLAINT NO: 13-0029771 PETITIONER, v. ADDRESS: 1000.Technology.Way.MS314 CitiMortgage,Inc O'Fallon,MO,63368 RESPONDENT STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE THAT AT 5:30 P.M.ON THE 22nd DAY OF April ,2014,AT THE CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA, THE CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD WILL HOLD A HEARING TO DETERMINE WHY YOU SHOULD NOT BE FOUND IN VIOLATION OF THE CITY CODE AS FOLLOWS: LOCATION/ADDRESS WHERE VIOLATION EXISTS: 1017.Walnut.Creek.Cove NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: CitiMortage,Inc CITY CODE SECTION VIOLATED:IPMC 108.1.3 FIRST OBSERVED:November2013 DESCRIPTION OF VIOLATION:Structure.Unfit.for.Human.Occupation UNLESS YOU:(1)CORRECT THIS VIOLATION BY:N/A:Fines.to.be.requested.at.code.board.hearing.for.non-compliance IF THE BOARD FINDS YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE,YOU MAY BE FINED UP TO TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES, BE CHARGED COSTS INCURRED BY THE CITY IN PROSECUTING THIS CASE AND IF SUCH FINE AND COSTS ARE NOT PROMPTLY PAID, MAY RESULT IN A LIEN AGAINST YOUR PROPERTY, PURSUANT TO FLORIDA STATUTES SECTION 162.09. THIS HEARING SHALL BE CONDUCTED PURSUANT TO SECTION 2-60 OF THE CITY OF WINTER SPRINGS, FLORIDA, AND FLORIDA STATUTES CHAPTER 162. YOU HAVE A RIGHT TO APPEAR IN PERSON OR BY AUTHORIZED REPRESENTATIVE. YOU HAVE A RIGHT TO PRESENT EVIDENCE, EXHIBITS, AND WRITTEN OR ORAL TESTIMONY. THE CODE BOARD WILL SUBPOENA WITNESSES IN YOUR BEHALF UPON WRITTEN PETITION TO THE BOARD.PLEASE GOVERN YOURSELF ACCORDINGLY. IF YOU DESIRE TO APPEAL THE ORDER OF THE CODE ENFORCEMENT BOARD,YOU WILL NEED A RECORD OF THE PROCEEDINGS. FOR THIS PURPOSE YOU MAY, AT YOUR EXPENSE, ARRANGE FOR A VERBATIM TRANSCRIPT OF THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING. YOU ARE HEREBY ADVISED THAT YOU OR YOUR AUTHORIZED REPRESENTATIVE MAY ATTEND THE CODE BOARD HEARING. OTHERWISE, IF YOU FAIL TO ATTEND IN PERSON OR BY REPRESENTATIVE, YOU MAY LOSE YOUR RIGHT TO A HEARING AND THE CODE BOARD MAY ORDER A DEFAULT - AGAINST YOU FINDING YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE. I certify a copy of this document was sent by Certified Mail on 10th Day of April .20 14 Certified Number:70110470000363160427 Enclosed:IPMC 108.1.3 SIGNATURE OF CODE INSPECTOR Howard"Butch"West TYPED NAME OF CODE INSPECTOR 407-327-1000,Ext.427 TELEPHONE NUMBER AND DEPARTMENT U.S. Postal Service,. N CERTIFIED MAILTM RECEIPT ti (Domestic Mail Only;No Insurance Coverage Provided) I:=I For delivery information visit our website at www.usps.com, m Postage $ / �GV�{ ,�� � � 5 P R/ G m Certified Fee 0 ��ostmark v p Return Receipt Fee h �/ Here 'R O (Endorsement Required) '7 V p� frj4, 1 Restricted Delivery Fee ?, uGG I Vie W O (Endorsement Required) [7/� Jy,� 0 Total Postage&Fees $ W• g n= � C ,,,. 9 : l r9 Sent To a e>1'i Alt L-ado'-- 2"C O Street,Apt.No.; , �t�,-C N or PO Box No. / // )Ake City,State,ZI + , f — /Lcr Pit 63iY. PS Form 3800,August 2006 See Reverse for Instructions • CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 PAGE 5 OF 12 PUBLIC HEARINGS AGENDA-NEW CASES C:L.4.�A PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE# 14-0029982 Kelly Airhart 209 Charles Street Winter Springs, Florida 32708 Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited Date Of Service: March 6,2014 Inspector: Christi Flannigan The Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE# 14-0029901 Atlas Group LLC 111-117 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. IPMC 304.14 Insect Screens. Date Of Service: March 6,2014 Inspector: Christi Flannigan The Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department CASE# 13-0029771 CitiMortgage,Inc. 1017 Walnut Creek Cove Winter Springs, Florida 32708 IPMC 108.1.3 Structure Unfit For Human Occupancy Date Of Service: March 7,2014 Inspector: Butch West Inspector Butch West, Code Enforcement Division, Police Department presented the Case and testified, "In the original complaint, the exterior walls on this house were cracked and larger portions had fallen off—was received in March 2013. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD r—• REGULAR MEETING-MARCH 25,2014 PAGE 6 OF 12 The Case was heard by the Code Board and found to be in violation. The owners then 1=4 contacted me, advising they were in the process of making repairs and had a contract with a builder to replace the exterior facing and repair the patio support. They asked for time to make repairs. Those repairs were never made and the owners eventually stopped communicating with me. The house was set for auction, but was not sold and the Deed remained in the original name of the owners. In August 2013, it came to my attention that CitiMortgage Incorporated was now listed as the owner. Between September and October of 2013, I spoke with two (2)representatives of CitiMortgage who insisted that the bank intended to make repairs and asked for time to accomplish this. I agreed to thirty(30) days. Repairs were not made and subsequent calls to CitiMortgage representatives went unretumed. On November 1St, 2013 the City Inspector determined that the house was unsafe for human occupancy and posted a Notice advising that permits and engineering plans were going to be required before repairs could begin. A Notice of Code Violation was mailed to CitiMortgage Company, the new owner, on November 5th, 2013 giving them ten (10) days to correct the violation. According to the USPS (United State Postal Service) tracking site, it was received and signed for on November 12th,2013. There was no response to emails or phone messages that I left. Our Case records show that on December 3'1, 2013 Code Inspector Christi Flannigan responded to a complaint that work was being done on the house without the proper permits. She reported making contact with a Contractor who said he did not know about the Notice posted by the Building Inspector, but would cease work and obtain the necessary permits before he began work on the property again. On the evening of January 28th, (2014), I met with an Attorney representing CitiMortgage in the lobby of City Hall. She told me that Permits had been applied for, but the City had denied them. I told her I would check on the status of these Permits. I also told her that I would have to see significant progress from CitiMortgage in making these repairs or I would set the Case for a Hearing in February. She advised me that she understood and took my contact information. On January the 29th, (2014), I received a phone message from a Mr. Tad Smith, advising he was assigned to resolve the Case. I made several attempts to contact Mr. Smith on January 29th, (2014) and again on the 31St, (2014). Although I left numerous voicemail messages, I never received a call back from Mr. Smith. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 PAGE 7 OF 12 C I, also on January 29`I', (2014), received an email from a Chris Abercrombie identifying himself as the Attorney assigned to this Case and providing his contact information. I immediately replied to Mr. Abercrombie's email advising him of my unsuccessful attempts to contact Mr. Smith and that it was urgent I speak to someone in person, to find out what the proposed time table might be for making repairs. I further advised him that I had checked with the City permitting department in reference to the Permits. I was told had been denied, and found that the City has not denied any Permits. In fact, there is no record of any Permit requests being made to the City. On February rd, (2014), having received no reply from Mr. Abercrombie, I was unable to contact Mr. Smith. I sent Mr. Abercrombie a second email detailing the situation at the property and advising that I needed to know what CitiMortgage's plans were going forward. I advised him this was an urgent matter and I needed to speak with someone who could provide answers to the questions I had asked previously. I provided him contact information for City Building Officials, the permitting department, Code Enforcement Bureau, and included my personal cell phone number. To date, I have not received any response to this email. On February 4th, (2014), I received an email from a Ms. Yolanda Brown, who identified herself as the final Title Coordinator and employed by a firm called Morris, Hardwick, and Schneider (LandCastle Title) — representing CitiMortgage. Ms. Brown provided me with the same contact information from Mr. Tad Smith and the email addresses for approximately nine(9) other individuals, any one of whom she said I could contact about the property. I replied that same day advising Ms. Brown that I had not received a call back from Mr. Smith, despite repeated attempts. I advised her I would be going forward with the Code Board Hearing. To date, I have not received a reply to this email." Photographs were shown with additional comments. Concluding his presentation, Inspector West stated, "My recommendation is that CitiMortgage be given thirty (30) days to obtain the proper Permits and make all necessary repairs to correct the Violation; and submit to any and all inspections required by City Building Officials. If the owners are subsequently found in Non-Compliance, I am recommending a Fine of two hundred and fifty dollars ($250.00) a day, retroactive back to November 12th, (2014), when they were first notified of the problems on this property." Ms. Nicole Kahl, Esquire, Morris, Hardwick, Schneider and LandCastle Title, 5110 Eisenhower Boulevard, Suite 302A, Tampa, Florida: representing CitiMortage and testified "Citi(Mortgage) did previously, as Officer West stated, hire a licensed Contractor to complete some of the repairs on the property. That Contractor was subsequently removed from the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 PAGE 8 OF 12 r4 Our intention is to repair the property. However, we have been unable to get a Contractor on the property. Understanding what Officer West said, if we could just request more time to get the Permits. Thirty (30) days—if we can request more time than that. Maybe forty five(45)to sixty(60)days?" Board Member Jim Wentz clarified, "You are asking for sixty(60) days to just obtain the Permits? What about to complete the repairs?" Ms. Kahl replied, "Then, we would need more time to repair after that. But, we need time to get the Permits". Board Member Wentz followed by asking"So, do you have a Contractor lined up to do the repairs?"Ms. Kahl replied"No."Discussion. Captain Deisler added, "I don't have any problem at all working with them to get the modifications made and the repairs done. That is an unspoken. I can also help facilitate them to get Permits they need. But, I would ask you to keep in mind, not delaying any sort of Finding of Fact in this Case. So that we can proceed to Non-Compliance, should this not move in the manner, in which we both intend." Discussion ensued on Code Enforcement Staff providing a progress report on the property to the Code Enforcement Board, should repairs not be made in the coming weeks. Furthermore, Board Member Wentz inquired if the building was even repairable. Inspector West answered that it was repairable, but that the Building Official would like to see engineering drawings when the Permits are applied for, to ensure its structural integrity. Discussion. Board Member Maurice Kaprow asked if the chimney posed a public safety hazard. Captain Deisler remarked that he did not believe that it was a public safety hazard. Mr. West agreed, but would ask a Building Inspector to further assess the chimney. Board Member Kaprow also requested if the Code Enforcement Staff would give the Code Enforcement Board progress reports, as the repairs to the property unfold. Captain Deisler agreed and noted it would be addressed under their Reports. Further discussion on time to repair and a Finding of Fact. Inspector West submitted into Evidence "WS-1", which were the presentations of the Cases. Mr. Bob Sibley, 233 Tavestock Loop, Winter Springs, Florida: as the Vice President of the Parkstone Homeowners Association, Mr. Sibley noted the condition of the home was deplorable; it has been an issue for more than two (2) years; that he had been in contact with numerous individuals connected with CitiMortgage; the Homeowners Association can do nothing about the home; and they were hoping the Code Enforcement Board would decide to set a short time frame for repairs. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 PAGE 9 OF 12 Discussion. "I MOVE TO FIND THE RESPONDENT, CITIMORTGAGE AT ADDRESS 1017 WALNUT CREEK COVE, IN VIOLATION OF THE CITY CODE AND ORDER THAT THEY BE GIVEN THIRTY (30) DAYS FROM TODAY TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. ("toc4rep?SA CITY OF WINTER SPRINGS, FLORIDA U incmPOr•ted to 1126 EAST STATE ROAD 434 • 1959 WINTER SPRINGS, FLORIDA 32708-2799 o�wetRJy� TELEPHONE: (407)327-1800 FACSIMILE: (407)327-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case#13-0029771 A Florida municipal corporation, Complainant, v. CitiMortgage 1017 Walnut Creek Cove Winter Springs,Florida 32708 Parcel Id: 35-20-30-5NN-0000-3630 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on March 25, 2014 to determine whether any violations of the City of Winter Springs Code of Ordinances ("City Code") exist or existed on 1017 Walnut Creek Cove, Winter Springs, Florida ("the Property"). The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing,the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-59 of the City Code and consistent with sections 162.06 and 162.12,Florida Statutes; 2. That a violation of IPMC 108.1.3 Structure unfit for human occupancy exist(s) or existed upon the Property and that Respondent was further provided a reasonable time to correct said violation(s); 3. That Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented,Respondent has violated the City Code,to wit: IPMC 108.1.3 Structure unfit for human occupancy; 5. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitute(s) violation(s)of the City of Winter Springs Code of Ordinances. CITY OF WINTER SPRINGS,FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 13-0029771 MARCH 25,2014 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: 1. Respondent be given until April 24,2014 to correct the violation(s)of the City Code on the Property; 2. If Respondent fails to correct the violation(s) within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation(s) on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation,a fine will be immediately entered in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) per day until the violation(s) is/are corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation(s)being corrected to the Code Enforcement Officer. Upon such confirmation,the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Seminole County, Florida, which, pursuant to section 162.09(3), Florida Statutes, shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s)and that the Code Enforcement Board,upon finding such repeat violation(s)exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s)is/are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09,Florida Statutes,and City of Winter Springs Code,Chapter 2,Article III,Division 2. DONE AND ORDERED at Winter Springs,Florida,this 3/ day of March 2014. CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,FLORIDA r-' Gregg ' st,Vice-Chairperson Copies furnished to: CERTIFIED MAIL 7011 0110 0001 0732 1 139 CitiMortgage,Respondent 1000 Technology Drive,MS 314 O Fallen,Missouri 63368 City of Winter Springs,Case File#13-0029771 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized representative on this 219" day of March 2014. Sean l eaudet,Board Secretary U.S. Postal Service TM CERTIFIED MAILTM RECEIPT Er (Domestic Mail Only;No Insurance Coverage Provided) M 1-4 For delivery information visit our website at www.usps.com, 1---1 r . r: ,.! RI Pi N Postage $ 144 yi D Certified Fee 3 ft t.)s 1—a AN) Ci Return Receipt Fee f.S17. PoFsitere kie D (Endorsement Required) 1 7(2 CM Restricted Delivery Fee .'-. 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