HomeMy WebLinkAbout2014 05 12 Regular 602 1125 Ermine Ave. Lien Reduction COMMISSION AGENDA
Informational
Consent
ITEM 602 Public Hearings
g
Regular X
May 12, 2014 KL RS
Regular Meeting 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 Johann Von
Eisenberg for a reduction (partial release) of a Code Enforcement lien on property located at
1125 Ermine Avenue.
SYNOPSIS:
As of April 10, 2014, the Code Enforcement Division has a lien on the subject property in
the amount of $94,000.00. In addition, there is a past due utility bill in the amount of
115.74 and a grass cutting lien for $76.71. The total lien amount is $94,192.45.
The case for lien reduction was presented to the Code Enforcement Board on April 22,
2014. The Code Enforcement Board and the City Staff are recommending a partial release
of lien to accommodate a short sale which is pending on the subject property under certain
terms and conditions to at least recover the City's costs of $1,296.00, and an additional
amount in the unlikely event the seller is entitled to receive any net proceeds from the short
sale of the property.
CONSIDERATIONS:
The violations on the subject property were first presented to the Code Enforcement Board
(Board) on November 20, 2012 and the Board issued an Order Imposing Penalty on First
Violation stipulating a fine of $200.00 per day until the violation was corrected and full
compliance was confirmed by the Code Enforcement Officer. The owner was given until
December 20, 2012 to correct the violations and avoid the fine. The owners of record at the
time of the violation were John and Michelle Wess.
Regular 602 PAGE 1 OF 4- May 12,2014
The subject property is currently the object of a short sale. The prospective owner has
placed an offer on the property but cannot secure a mortgage without reduction of the lien.
If granted, the reduction of the lien would enable the prospective purchaser, Johann Von
Eisenberg, to purchase and homestead the property.
An affidavit of Compliance was issued on the subject property on April 3, 2014 wherein the
Code Enforcement Officer found the property to be in compliance. Staff has engaged in
further review of this requests based upon several factors:
• The prospective owner is not the original violator
• The prospective owner proposes to homestead the property.
• The current lien is preventing the sale and occupancy of the property.
At the Code Enforcement Board meeting of April; 22, 2014, the Board considered the
request for lien reduction and recommended that the lien be partially reduced to $1,296.00
which represents the City's costs (both direct and indirect) of administering the lien. The
Board attached four(4) conditions to their recommendation:
1. The property be homesteaded by the buyer.
2. The property be maintained appropriately until such time that the closing continues.
3. That the property continues to remain code compliant.
4. The sale takes place within sixty (60) days of any final action by the City
Commission. If not, the Board's recommendation is rescinded.
At the Code Enforcement Board meeting of April 22, 2014, the total amount of the lien was
mistakenly represented as $172,992.42. Staff has determined that the actual total of the lien
is $94,192.45. All other aspects of the lien reduction request remain, as detailed in this
agenda item.
The applicant has thirty (30) days to pay the reduced lien amount after action of the City
Commission, assuming the Commission grants the reduction. If the reduced amount is not
paid within 30 days, the applicant has to wait a year before they can apply for a reduction.
The partial release will be executed and conveyed under the condition that the short sale
actually occur within thirty days unless the City Manager grants an extension for good
cause. The City will advise the short sale closing agent, by written estoppel letter, that the
City will provide the executed partial release at closing under the following payoff schedule:
1. Upon the short sale closing, a check made payable to the City of Winter Springs in
the minimum amount of$1,296.00.
2. Subject to the City's receipt of the final short sale closing statement verified by the
closing agent, any net proceeds due the Seller (violator) shall be paid to the City of Winter
Springs up to the total amount owed on the lien of$94,192.43. It is very unlikely, but if the
total amount of the lien is paid, a full release will be executed and provided by the City.
3. The partial release offer shall expire within thirty (30) days of the date of the City's
written estoppel letter unless the City Manager agrees to extend the estoppel letter, in
writing, to accommodate a delay in the short sale for good cause shown.
Regular 602 PAGE 2 OF 4- May 12,2014
FISCAL IMPACT:
The City should receive a minimum of$1,296.00 for the partial release of lien.
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 and the Code Enforcement Division of the
Police Department recommends that the City Commission approve a partial release of code
enforcement lien under the following terms and conditions:
The City Manager or his designee will deliver to the short sale closing agent, a
written closing estoppel letter that provides that the City agrees to execute and deliver a
partial release of lien at closing under the following payoff schedule:
1. Upon the short sale closing, a check made payable to the City of Winter Springs in
the minimum amount of$1,296.00 shall be delivered to the City.
2. Subject to the City's receipt of the final short sale closing statement verified by the
closing agent, any net proceeds due the Seller (violator) shall be paid to the City of Winter
Springs up to the total amount owed on the lien of$94,192.43. It is very unlikely, but if the
total amount of the lien is paid, a full release will be executed and provided by the City.
3. The partial release offer shall expire within thirty (30) days of the date of the City's
written estoppel letter unless the City Manager agrees to extend, in writing, the estoppel
letter to accommodate a delay in the short sale for good cause shown.
4. The property be homesteaded by the buyer.
5. The property continues to remain code compliant.
Regular 602 PAGE 3 OF 4- May 12,2014
ATTACHMENTS:
Lien Reduction Application Package
Regular 602 PAGE 4 OF 4- May 12,2014
CITY OF WINTER SPRINGS
•
1126 East State Road 434
Phone: Springs,Florida
07327 1 800 Ext. 304
1959 www.winter5pringsfi.org
Application For
PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN
Case Number: Mate Applirotion Received: Received By:
Mate Lien Payment Received: Lien Payment Amount: Received By:
Mule Brought Inlo Compliance: Compliance Verified By:
All information fields must be completed before this application can be processed. Requests are not accepted until the
application has been reviewed for completeness and all application criteria have been met. You are required to
Read the Procedure for Lien Reduction or Release attached to this application prior to submitting your
petition.
1. CONTACT INFORMATION:
Aant's a e:
7 ~ E
pr sentative's Name. D
(Nailing Address:
02-2-
Cit : State: zip:
Phone: 7 E-Mail:
- 5 '►' V 1lV_�
2 f ] r1
2. LIEN INFORMATION: v—e cz_L f Corp D v•7
Lien Address: Parcel IM#:
1 ! 2 ]RMl F_ Kve .
Has the Applicant previously applied for lien reduction for this property? YES NO l If Yes,When?
Owner of lien Address when lien was placed:
John Wess
Current owner of Lien Address:
John Wess - contract to sell to applicant is pending
Current owner's relationship or affiliation with entity/person named in the lien:
same person
Other property located in the City of Winter Springs belonging to the current owner:
none
_ Page 1
Petition for Reduction or Release of Code Enforcement Lien Rev.10-29-13
3. REQUEST:
E !
TOTAL M1 DATE ORBOOK ORPAOE
AMOUNT r k
$ $ $
Please attach a copy of the Order imposing a lien upon the property(must be included for your opplicotion to he considered)
4. PLEASE STATE THE REASONS, IF ANY,COMPLIANCE WAS NOT OBTAINED PRIOR TO THE RECORDING OF THE
ORDER IMPOSING THE FINE: (atloch additional sheets if necessary)
Seller got Divorced, lost job, could not afford and finally had to move out.
5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITION FOR CODE
ENFORCEMENT LIEN REDUCTION OR RELEASE:(atta(h additional'sheets if necessary}
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Petition For Reduction or Release of Code Enforcement Lien Rev.10-2&13
3
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Under the penalty of perjury,the undersigned(s):
❖ Swears or affirms that the information provided on this Application for Petition for Reduction or Release of Code
Enforcement lien is true and correct;
40 Acknowledges that he/she has read the Procedure for Lien Reduction or Release;and
"*• Further acknowledges that he/she was given an opportunity to ask questions regarding the Procedure for Lien
Reduction or Release.
r,: pplicant ig a Printed Nome
STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me this W>h day ofnYl ,20J4- who is
personally known to me or hos/hove produced satisfactory photo identification.
r
Type of Photo Identification: 'to�ridrti�� sr5 ]+
ale , W tS41)wt`. a
Signature of Notary Puilk Printed Nome of Notary
Notary Stamp
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Page 3
Petition for Reduction or Release of Code Enforcement Lien Rev.to MB
PROCEDURE FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE
The Winter Springs City Commission has the discretionary authority to seduce of release a lien ar fine otcordins t❑the procedure estoblished
in Ordinance Sec.2-61-5. A person or entity requesting a reduction or release has no right to the reduction or release of a fine or lien.
Applications will not be accepted if the Lien Address(property subject to the lien)has any active codes cases.
PETITION REVIEW PROCESS
Once an application is received and the$50.00 non-refundable(appli(ation fee and recording casts)is paid,the Community Development
Director will confirm through the Code Enforcement Department that the violation has been brought into compliance.
Next, the Community Development Director will review the application and place the application upon the agenda of the next regularly
scheduled meeting of the Code Enforcement Board for the City of Winter Springs.
At the hearing belore the Lode 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 nut limited to city staff.
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;
d. Any previous or subsequent code violations;
e. Any financial hardship;
f. Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine;
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 Cade Enforcement Board, and information provided by the
violator in regard to the application for satisfaction or release of lien;
(9)The City Commission may approve,approve with(auditions,or deny the application to satisfy or release of lien.If the City Commission
approves the application to satisfy or release the lien and the approval is conditioned upon the violotor 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 opplication for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions
imposed by the City Commission,the violator shall thereofter he barred from applying for a subsequent reduction or forgiveness of the lien
for a period of one (1) year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full
payment of the tine or penalty imposed in accordance with this chapter.
(Ord.No.2001-62,§2,1.14-02)
Checklist:
❑ APPLICATION COMPLETED IN ITS ENTIRETY
❑ APPLICATION PROPERLY NOTARIZED
❑ VERIFICATION MADE OF NO ACTIVE CODE CASES AT LIEN ADDRESS
❑ COPY OF LIEN ATTACHED
❑ PHOTOS OF VIOLATIONS,PHOTOS OF COMPLIANCE
❑ SCHEDULED FOR CITY COMMISSION CONSIDERATION ON
Page 4
Petition for Reduction or Release of Code Enforcement Lien Rev.10-28-13
FOR OFFICE 01 ONI r
a. CASE INFORMATION
Code Enforcement Case#
Description of Code Violations:
Date found in Violation by Code Enforcement:
gate afdered by the Cade EnfarcemEnt Saard is Came Colo CamplitmEe:
Date property was found in compliance by Code Enforcement:
2. CHARGES:
Description Amount Total
Original lien Amount S $
$ $
$ S
$ S
Cade Enforcement Fees $ $
$ $
$ S
$ $
3 $
TOTAL LIEN AMOUNT: $ $
Page 5
Petition for Reduction or Release of Cade Enforcement Lien Rev.10.2 9-13
Iris Freeman
From: Iris Freeman
Sent: Thursday, April 10, 2014 5:01 PM
To: Sarah Hart
Cc: _City Clerk Department; Chris Deisler; Christi Flannigan
Subject: RE: 1125 Ermine Petition
Attachments: 1125 Ermine Avenue.pdf
See attached.
The total 864 days at$200= 172,800.00+$115.74+ 76.71= 172992.45.
If you have any questions or correction call me.
Jaa e agreat&,ay,
Iris 2:_reeman
finance lltiCty Qperatwns-Nan age r
Phone.'407-3275953
i eemaw C winters rirr s�nr
From: Sarah Hart
Sent: Thursday, April 10, 2014 2:33 PM
To: Iris Freeman
Cc: ,City Clerk Department; Chris Deisler; Christi Flannigan
Subject: FW: 1125 Ermine Petition
Iris,
Please see below.
Thank you kindly,
Sara.v_r. ff cwt
Deputy City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
(407)327-5999
(407) 327-1800 Ext.237 Main Line
shart@)winterspringsfi.org
From: Chris Heisler
Sent:Thursday, April 10, 2014 2:26 PM
To: _City Clerk Department
1
Cc: Christi Flannigan
Subject: FW: 1125 Ermine Petition
It is looking like this property will end up on the agenda this month. Could someone please prepare a current
total of the accrued liens to date so we can present it to the Board during the meeting? Thank you.
From: Michele Kelly
Sent: Thursday, April 10, 2014 1:53 PM
To: Chris Deisler; Christi Flannigan
Cc: Randy Stevenson
Subject: 1125 Ermine Petition
Randy asked that I forward this to you. The applicant should be bringing in a$50 check today.
AKCAWC?I "d CAP
Administrative Secretary
Community Development Department
City of winter Springs
1126 E.SR 434
Winter Springs, FL 32708
407-327-1800 Ext.304
Fax:407-327-7556
e-mail:mkelly@wintersPrinPsfl.org
ni9 narrh3 is & "au,L{. 4
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1.1Y�W � CR 'GCC�LLI+LR,b LL.r,
2
City of Winter Springs
1126 E. State Road 434
Winter Springs, Ft 32708
Contact-Iris E. Freeman
(407)327-5953
Fox-(407)327-4753
In regard to your recent inquiry researching property address:
1125 Ermine Avenue
Our internal records indicate that the following amounts are currently owed as of the date of this
response:
4/10/2014
Additional amounts may accrue (or be credited) subsequent to the date of this response. Further, this
response should not be construed in any way to limit the City's rights under any written instrument
recorded in the official records of Seminole County, Florida including but not limited to, liens,
easements,tax certificates, and development agreements,or any rights to taxes,fees, and assessments
collected by the Seminole County Tax Collector on behalf of the City of Winter Springs.
Please check with Seminole County
Tax Collector's Office
Real Estate Taxes and Assessments $0.00
Utilities- Past Due Balance $115.74
Utilities-Current Balance A/C $0.00
Code Violations/Liens $172,876.71
Community Development Permits/Licenses $0.00
Total $172,992.45
*Please note: Charges above may have been incurred by previous owners andlor tenants. Additionally,subsequent payments are often tendered by
other than title company.
Pages faxed exclusive of fax transmittal cover sheet- 14
3.
CITY OF WINTER SPRINGS, FLORIDA
V . 9 1126 EAST STATE ROAD 434
WINTER SPRINGS,FLORIDA 32708-2789
TELEPHONE: 447 327-1800
FACSIMILE: (407) 327-4753
WEBSITE:www.winterspringsfl.ara
CODE ENFORCEMENT HOARD
CITY OF WINTER SPRINGS,FLORIDA
THE CITY OF WINTER SPRINGS, Case t3]2-M77759
A Florida municipal corporation,
JgR11AME NM, L1EAi OF CIALXIIT CWRT
Complainant, SPINME CMM
1K VM Pqs 1179 - 1101 92"sf
CLERKIS * 2013037653
V. -ECOINE10 U/15/M3 84129112 PM
Michelle and John Wess It 11111 F'E M M56
By ,I frkttlroth(a11)
l 125 Ermine Avenue
Winter Springs,Florida 32708
Respondent,
1
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 November 20, 2012 to determine whether any violations of the City
of Winter Springs Code of Ordinances("City Code") exist or existed on 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.
Findines 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 Section(s) 13-2. Junk and Debris, 6-217. Enclosure Required, IPMC 304.2 Protective
Treatment, and IPMC 304.7 Roof and Drainage 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 not present at the hearing;
4. That based on the testimony and evidence presented,Respondent has violated the City Code,to wit:
Section(s) 13-2. Junk and Debris, 6-217. Enclosure Required, IPMC 3041 Protective Treatment, and IPMC 304.7 Roof
and Drainage;
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.
i
CITY OF WINTER SPRINGS,FLORIDA
LODE ENFORCEMENT BOARD
CASE NUMBER 12-00277758
NOVEMBER 20,2012
PAGE 2 OF 2
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED:
1. Respondent be given until December 20,2012 to correct the violation(s)of the City Code on the Property;
and
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
upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of TWO HUNDRED
DOLLARS ($200.00) per day until the violation(s) istare 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;
Any fine im osed ursuant to this pamMh shall be retroactively im on November 20 Z 12:
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 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 1 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 111,Division 2.
DONE AND ORDERED at Winter Springs,Florida,this 26d day of November 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS,FLORIDA
A — C irperson
Copies furnished to: CERTIFIED MAIL 7011 1570 0003 5656 1398
Michelle and John Wess,Respondent
City of Winter Springs,Case File X112-00277758
1 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 Z-70 day of
_C4"e/ ,2012.
Sean Beaud oard Secretary
Crrlr or No= smwl pzcstm Ammm:I M-Ermkw Acre.
i ccco RDUKMKW Bum,
VAn er Springs,FL 32708
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WSPD 117 Rev 12-11-90
City of Winter Springs Detach this portion and return with your remittance UTILITY BILL
Utility Billing
1126 E. State Road 434 Wake Checks Payable to: Remit Copy
Winter Springs, FL 32708 City f Winer Springs 407-327-5996 ty tUtility Due Upon Receipt
Bill No. Account Nur116er Custoom 1D 601 Date Late After Preukws Balance Current Cher�s
1990857 19243 29027 09124/2013 10/15/2013 9.88 105.86
■
• 5115.74
Changes made below are for mailing address only.
Mailing Address:
J City.State,Zlp:
IIIIIIIIIIIIIII�I�11111111IIIItl�lll11111I I111�1111��111��111� Home Telephone:
Business Telephone:
JOHN WESS Email Address:
MICHELLE WESS
302 HEARTH L N
CASSELBERRY FL 32708
City of linter Springs UTILITY BILL
Utility Billing
1126 E. State Road 434 Wake Checks Payable to: Customer Copy
Winter Springs, FL 32708 City of Winter Springs Utility
407-327-5996 or Kee this portion for y
our records
utiIitybiIIs @winterspringsf1.org Due Upon Receipt
Customer Sarvioe Address
....:........
. . ..
JOHN WESS 1125 ERMINE AVENUE
IMI Number Account Number Cummer 10 am Date Late After
199OB57 19243 29027 09/2412013 10/15/2013
Description Present Read Date Prwviow Read Bate Pre■tint Maw Reading 1 emvious motor Reading Usage in Gel#ms Charge
PREVIOUS BALANCE 9.BB
WATER 314" D911012013 08/15/2013 678050 664010 14040 26.15
SEWER 314" 53.49
GARBAGE 18.10
STORMWATER 5,50
Water Tax 2.62
Deposit Posted 100.00
Last Pay Amt Last Pay Date Current Charges Balance ■
50.00 10107/2013 105.86 115.74 #115.74
THIS IS YOUR FINAL BILL FOR THE LISTED SERVICE ADDRESS.
Customer Service:For bifling questions call(407)327-5996,Monday to Friday,5:170 a-m.to 5:00 p.m. After hours drop box is available for payments at the west end of City Hall.PLEASE DO NOT PLACE CASH IN
NIGHT DEPOSITORY.
For after hours emergencies related to utilities,tail(407)327-2569-
Appeals:Any user who feels their monthly bill is unjust and inequitable may make written application for review within tan(10)days after the date of rendering of the bill by the city.An adjustment may be available in
certain instances-Various adjustments include excessive use,leak or pool fill-An approved adjustment would be permitted no more than once a year or twice over ten years.
Autematic Bank Draft;Payment will be drafted on the Thursday before the'LATE AFTER'date.If this date falls on a bank holiday the payment will be drafted the nett business day-
Delinquent Payment::If'CU RRENT CHARGES'are not paid by the'LATE AFTER'date the accourd is subject to a Delinquent Notica with late fee charges of$5.o0 or 5%.whichever is greater.'P REV OUS
BALANCE'indicates a PAST DUE amount-The'LATE AFTER'date on the'CURRENT CHARGES'does not apply to any'PREVIOUS BALANCE'.An account with a'PREVIQUS BALANCE'is subject to
disconnection at any time.In order to reinslate service on an account turned off for nonpayment,the customer must pay the total amount due plus an additional tum-an charge of$30.00-Our policy prohibits hold
personnel from collecting any checks or cash from our customers.Payment must be made in our Customer service office,between the hours of B:00 a-m-and 5:00 p.m.If you have any questions regarding delinquent
acwunta,pkmse contact our collection office at(407)327-5953-
Me11 Problems:The City of winter Springs is not responsible for undelivered or late mall.In the event you fail to receive a bill,please tail customer service at the numbe r listed above.
Garbage and Recycling: Waste Pro of Florida,Inc-handles all garbage and recycling-Questions regarding these services strauW be directed to their customer service department at(487)774-0800.
How to Road Your Water Meter.Simply write down all the numbers shown on the face of the meter and deduct"previous reading from this figure to get your water Consumption in thousands of galkns.
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CLERKI5 * 201316165E
CITY MANAGER REUK ]1 teralynia 10=10110 All
CITY OF WINTER SPRINGS 09M1ND Fka 14.00
1126 EAST STATE ROAD 434 By r &k"WVth Kai l y
WINTER SPRINGS,FLORIDA 32708
LIE
I, Kevin L. Smith, City Manager of the City of Winter Springs, Florida, pursuant to 13-2 of the
Code of Ordinances of the City of Winter Springs, Florida, hereby certify that I have caused the
following described property below:
ADDRESS: 1125 ERMINE AVE.WINTER SPRINGS,FL
PARCEL: 12-21-30-SDA-0000-5610
LEG LOT 561 WINTER SPRINGS UNIT 4 PB 18 PGS 6-8
OWNER: JOHN WE55
to be improved,cleaned and mowed pursuant to the City Code of the City of Winter Springs, FL.
The expenses incurred were: $53.59 mowing and administrative_time, S 12. 2 postage, and
recording the lien$10.00 for a total of S 76.71. �#•
Date:
Kevin L Smith, pager
4V-1 . ' `y
• Y 'J
1, Shawn Boyle, Finance Director of the City of Winter Springs, Plof , hereh 6ertify that the
City holds a Special Assessment in the amount of $ 76.71. This'propartp•'was mowed on
December b, 2013.
ADDRESS: 1125 ERMINE AVE. WINTER SPRINGS,FL
PARCEL: 12-21-30-SDA-0000-5610
LEG LOT 561 WINTER SPRINGS UNIT 4 PB 18 PGS 6-8
OWNER: JOHN WESS
Date:
Shawn Boy[ Zm�eA/-ance Director
Sworn to and subscribed before me this �� day of 201 Shawn Boyle,
Finance Director of the City of Winter Springs, FL and who is personally known to me.
713
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City of Minter Springs
1120 E. State Rand 484
Minter Springs, FL 12708
Datet 04/15/2014
Rmeipt. 2014-0000480a
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Received From- Imribel 2i+neri
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Receipt Total
Total Check se.CIO
Total Xmitted -�r Q Q0
Total Received
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD NettIM
REGULAR MEETING
APRIL 22, 2014
CALL TO ORDER Lea.
The Regular Meeting of Tuesday, April 22, 2014 of the Code Enforcement Board was ce
called to Order by Chairperson Hugh Fisher at 5:33 p.m., in the Commission Chambers
of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708.
Roll Call:
Chairperson Hugh Fisher, present
Vice-Chairperson Gregg Roero, arrived at 5:34 p.m.
Board Member Laurie Bates Calhoun, present
Board Member Matthew Criswell, present
Board Member Carole Giltz,present
Board Member Maurice Kaprow, present
Board Member Jim Wentz, absent [Excused]
Assistant City Attorney Kim Kopp, present
Deputy City Clerk Sarah J. Hart, present
Assistant to the City Clerk Sean Beaudet, present
Vice-Chairperson Gregg Roero arrived at 5:34 p.m.
Chairperson Hugh Fisher noted that, "Board Member Wentz will not be here this
evening. He did let us know that. So, his absence will be `Excused' tonight."
A moment of silence was followed by the Pledge of Allegiance.
Captain Chris Deisler, Code Enforcement Division, Police Department requested that
REGULAR ITEM "600" be heard first, as there were individuals wishing to address the
Code Enforcement Board for the hearing.No objections were noted.
Assistant to the City Clerk Sean Beaudet swore in those who would be providing
Testimony during tonight's Meeting.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Not Used
CITY OF WINTER SPRINGS,FLORIDA r
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-APRIL 22,2014
PAGE 2 OF 16
Camil
INFORMATIONAL AGENDA
INFORMATIONAL
200. Not Used
PUBLIC INPUT Um.
Chairperson Fisher opened "Public Input".
p C
No one addressed the Code Enforcement Board.
Chairperson Fisher closed "Public Input".
CONSENT AGENDA
CONSENT
300. Office Of The City Clerk
Requesting The Code Enforcement Board Review And Approve The March 25,
2014 Code Enforcement Board Regular Meeting Minutes.
Chairperson Fisher inquired, "Do I have a Motion to approve the Minutes?"
"SO MOVED." BOARD MEMBER KAPROW. SECONDED BY VICE-
CHAIRPERSON ROERO. DISCUSSION.
VOTE:
CHAIRPERSON FISHER: AYE
VICE-CHAIRPERSON ROERO: AYE
BOARD MEMBER CALHOUN: AYE
BOARD MEMBER CRISWELL: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER KAPROW: AYE
MOTION CARRIED.
C
CITY OF WINTER SPRINGS,FLORIDA IrmiW=
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-APRIL 22,2014
PAGE 3 OF 16
REPORTS
REPORTS
400. Office Of The City Attorney
Assistant City Attorney Kim Kopp introduced herself and informed the Code
Enforcement Board that she would be representing the City at the meetings.
41::(
Ce
REPORTS
401. Code Enforcement Division—Police Department
As was requested by the Code Enforcement Board at the last meeting, Captain Deisler
informed the members that an update on 1017 Walnut Creek Cove would be addressed
during PUBLIC HEARINGS—NON-COMPLIANCE CASE "503.1".
REPORTS
402. Office Of The City Clerk
No report.
REPORTS
403. Code Enforcement Chairperson
No report given.
REPORTS
404. Code Enforcement Vice Chairperson
No report.
REPORTS
405. Code Enforcement Board Members
No reports were given.
CITY OF WINTER SPRINGS,FLORIDA crTms
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-APRIL 22,2014
PAGE 4 OF 16 C
❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE
DISCUSSED NEXT,IN THE ORDER DOCUMENTED. ❖❖
REGULAR AGENDA
REGULAR U
600. Code Enforcement Division—Police Department
CASE # 12-0027758
Michelle And John Weiss
1125 Ermine Avenue
Winter Springs,Florida 32708
Sec. 2-61.5. Application For Satisfaction Or Release Of Code Enforcement Liens.
Original Hearing: August 21,2012
Non-Compliance Hearing: February 26,2013
Inspector: Christi Flannigan
Inspector Christi Flannigan, Code Enforcement Division, Police Department briefly
covered the process outlined in the Winter Springs Code of Ordinances to which
applicants may apply for a reduction or satisfaction of a Code Enforcement Lien.
Photographs were shown from Evidence `WS-1' with additional comments.
Next, Inspector Flannigan noted, "The amount of the Lien is approximately one hundred
and seventy two thousand nine hundred ninety two dollars and forty two cents
($172,992.42). That is as of April 14`h. The recommendation by Code Enforcement is that
the Lien not be reduced any lower than a total of one thousand two hundred ninety six
dollars and thirty cents ($1,296.30). This amount is for the cost of Code Enforcement
personnel time, mailing fees, past administrative amounts of a hundred and fifteen dollars
and seventy four cents ($115.74), and a grass cutting Lien for seventy six dollars and
seventy one cents ($76.71)."
Inspector Flannigan submitted "`WS-1', which is the CD (Compact Disc) of the
presentations for today." Discussion.
Following, Captain Deisler noted that the applicant's Realtor, Mr. Scott Jones, was
present to testify on behalf of the applicant; considerable work had already been
completed on the property; the property has been attended to by the neighbors; and that
he would like to see the property inhabited rather than sit vacant.
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
CODE ENFORCEMENT BOARD C
REGULAR MEETING-APRIL 22,2014
PAGE 5 OF 16
Mr. J. Scott Jones, Owner, J. Scott Jones Realtors, 110 North Orlando Avenue, Suite 12,
Maitland, Florida: noted he was the listing agent of the property; the previous owners
vacated the property; the work that has been completed at the property has been done by
himself, fellow realtor Maribel Zimeri,the buyer, and the neighbors; and does not want to
see the property go into Foreclosure and sit vacant for an undefined amount of time. j■•.
In addressing the Code Enforcement Board, Captain Deisler added, "One of the options
available to you is a Release with conditions and that is what I'm going to suggest. I
understand that the buyer intends to Homestead it and move here and live in it. That is
step number one (1). If that condition is not met, then the deal is done and I would ask
that any paperwork or agreement that are drawn up to affect, that the language is clear. If
the property is not homesteaded by the potential buyer,then the deal is off."
Board Member Matthew Criswell asked Mr. Jones how long the transaction could take.
Mr. Jones replied, "The Short Sale was cancelled because it dragged on so long. But they
said, `If you can get the lien removed, we'll be glad to restart it immediately.' So I would
say we are looking at from the day the lien comes off—probably thirty (30) to forty (40)
days. The buyer is willing to continue in maintaining the lawn."
Further discussion ensued on ensuring that the property stays in Compliance during the
lien reduction process.
Lastly, Captain Deisler stated, "I believe we need to make sure we focus on a Partial
Release of Lien as it relates to this property only. I think if you Release the Lien, you
Release the Lien on the person's other Real Property that they own and we don't want to
do that. I just want this house freed up." Chairperson Fisher clarified the conditions of the
Partial Release to be that, "The property be homesteaded by the buyer and that the city be
reimbursed for expenses totaling one thousand two hundred ninety six dollars and thirty
cents ($1,296.30)...." Captain Deisler added, "...and furthermore that the property be
maintained so that it doesn't go into Violation for anything else."
"I WOULD MOVE THAT THE LIEN ON THIS PROPERTY PARTIALLY BE
REDUCED TO ONE THOUSAND TWO HUNDRED NINETY SIX DOLLARS
AND THIRTY CENTS ($1,296.30), SUBJECT TO THE FOLLOWING
CONDITIONS: (1) THAT THE PROPERTY BE HOMESTEADED BY THE
BUYER; (2) THAT THE PROPERTY BE MAINTAINED APPROPRIATELY,
UNTIL SUCH TIME THAT CLOSING CONTINUES; (3) THAT THE
PROPERTY CONTINUES TO REMAIN CODE COMPLIANT; (4) AND WE
GIVE SIXTY (60) DAYS — IF THE SALE DOESN'T TAKE PLACE WITHIN
SIXTY (60) DAYS, THEN THIS IS RESCINDED." MOTION BY BOARD
MEMBER KAPROW. SECONDED BY VICE-CHAIRPERSON ROERO.
DISCUSSION.
CITY OF WINTER SPRINGS,FLORIDA r�
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-APRIL 22,2014
PAGE 6 OF 16
QUESTIONS AROSE ON HOW LONG THE APPLICANT HAS TO PAY THE .era
LIEN REDUCTION. ASSISTANT TO THE CITY CLERK BEAUDET
EXPLAINED THAT AFTER THE CODE ENFORCEMENT BOARD'S
RECOMMENDATION, "IT WOULD GO TO CITY COMMISSION. ONCE IT IS
APPROVED, THE APPLICANT HAS THIRTY (30) DAYS TO PAY. IF NOT,
THEY HAVE TO GO A YEAR AND THEN THEY CAN APPLY AGAIN. SO,
THEY HAVE THIRTY (30) DAYS TO PAY THAT, AFTER CITY
COMMISSION'S FINAL SAY."
VOTE:
BOARD MEMBER KAPROW: AYE
CHAIRPERSON FISHER: AYE
VICE-CHAIRPERSON ROERO: AYE
BOARD MEMBER CALHOUN: AYE
BOARD MEMBER CRISWELL: AYE
BOARD MEMBER GILTZ: AYE
MOTION CARRIED.
Chairperson Fisher noted the Code Enforcement Board's willingness to work "easily and
expeditiously as possible" with residents in such instances.
Next, Captain Deisler requested the Code Enforcement Board hear PUBLIC HEARING
— NON-COMPLIANCE CASE "503.1 next, as representatives of the respondent were
in attendance. No objections were noted.
PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES
PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES
503.1 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: April 10,2014
Inspector: Butch West
Inspector Butch West, Code Enforcement Board, Police Department presented the
Agenda Item. Inspector West noted that this case was heard last month and noted, "A
CitiMortgage representative was present at the Code (Enforcement) Board Meeting.
CitiMortgage also received a copy of the Code (Enforcement) Board's Order. It was
mailed by the City Clerk's Office and shows it was received on April 3rd, 2014.