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Home My WebLink About2014 06 24 Regular 600 CODE ENFORCEMENT BOARD AGENDA ITEM Informational ITEM 600 Consent Public Hearings Regular X June 24, 2014 Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA M IN UTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 19, 201 I PAGE 7 OF I S PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #11-0025742 Wesley Smith 111 Elderwood Avenue Winter Springs, Florida 32708 Section 6-195. (Fence In Disrepair) Date Of Service: Certified — June 30, 2011 Inspector — Christi Flannigan Chairman Wood asked Inspector Christi Flannigan, Code Enforcement Division, Police Department, "Will you be presenting this evening?" Inspector (Christi) Flannigan replied, "Yes. I would like to submit `WS 1'. It's a CD of the presentations." Next, Inspector (Christi) Flannigan noted, "I would like to also present `WS 2' and `(WS) 3' for this Case. They are both Affidavits of Posting." Inspector (Christi) Flannigan began her PowerPoint presentation and began Testimony stating, "This Violation was first observed on March 29 (2011). The fence is missing several slats and it's falling into the neighbor's yard." Continuing, Inspector (Christi) Flannigan mentioned, "A Notice of Code Violation was mailed to the owner of record on April 14 (2011). The letter was returned `Unclaimed' on May 13`�', (2011). The property has been routinely checked and was found to still be in Violation as of today. There's been no corrective action and no contact from the property owner. A Certified Mail of the Code Board of Hearing was mailed return receipt on June 30�', 201 L There's been no return of the item. The first class mail has not been returned at this time. The property was posted June 9 (2011) by Inspector (Butch) West. We are asking for Finding of Fact and Relief." Photographs of the property in Violation were shown to those present and Inspector (Christi) Flannigan provided the Board with her recommended time to fix the Violation and suggested Fine. Chairman Wood asked, "Is it Vacant?" Inspector (Christi) Flannigan replied, "Yes it is." Further descriptions of the photographs were provided. GTY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 19, 201 1 PAGE 8 OF 15 Chairman Wood inquired, "Do you look at the electricity — do you look at the meter`?" Inspector (Christi) Flannigan responded, "If it's easily accessible. I do go up and look and see if it's running." Inspector (Christi) Flannigan then mentioned that the property was not in foreclosure. Discussion. Chairman Wood announced, "I would like for the Record to show that there is no Respondent here." "I MOVE TO FIND WESLEY SMITH IN VIOLATION OF THE CITY CODE SECTION 6-195 AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 9 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #11-0025989 Jennifer Norris And Jonathan Wall 672 Cheoy Lee Circle Winter Springs, Florida 32708 Section 6-217. (No Pool Enclosure) Date Of Service: Proof Of Delivery July 5, 2011 Inspector — Jim Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 15 OF 19 FURTHER THE VIOLATION CONSTITUTES A SERIOUS THREAT TO PUBLIC HEALTH, SAFETY AND WELFARE AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162 FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS — NON COMPLIANCE 503.2 Code Enforcement Division — Police Department CASE #11- 0025742 Wesley L. Smith 111 Elderwood Street Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: November 1, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", the Affidavit of Posting, and "WS 3 ", the Returned Notice from the Board from the previous Hearings. As Evidence for this Case, Inspector Flannigan stated, "This Violation was first observed on March 29 (2011). This Case was originally heard on July 17 (2011). The Order issued gave the Respondent until August 9 (2011) to correct with a Fine of one hundred dollars ($100.00) a day if found in Non - Compliance. This property has been routinely checked and was found to still be in Violation as of November 14 (2011). Some of the fence has been repaired, there are sections of the fence that have fallen. The neighbor did put the fence back up. The Order of the Board was mailed Certified on July 22 ", (2011). The letter was returned `Unclaimed'. The property was Posted on November 2 " (2011) by Inspector Flannigan." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 16 OF 19 Photographs from the original Hearing were displayed followed by more current photographs of the property in Violation. Inspector Flannigan noted that a section of this property's Violation had been corrected. Discussion. Assistant City Attorney Latorre noted, "This is a Non - Compliance Case — confirming that the Violation still exists, we will go ahead and Record the Lien. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NON COMPLIANCE 503.3 Code Enforcement Division — Police Department CASE #11- 0026337 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: Certified November 2, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. 44047 E„,s CITY OF WINTER SPRINGS 4 1 126 East State Road 434 Z Winter Springs,Florida 32708 c-) Phone:407-327-1800 Ext: 304 u co • '°`°°gir9 • www.winterspringsfl.org %''or)WF v.• Application For PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN Case Number: Date Application Received: Received By: 11-0025742 04/21/2014 Date Lien Payment Received: Lien Payment Amount: Received By: 04/04/2014 $15, 300 Date Brought Into 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: Applicant's Name: Premium Title Services Representative's Name: Shivangi Agrawal Mailing Address: 2002 Summit Blvd. Suite 600 City: Atlanta State: Georgia 30319 Zip: Phone: 770-612-7007 ext 297964 E-Mail:Shivangi.Agarwal @altisource.com 2. LIEN INFORMATION: Lien Address:111 E1derwood Street Parcel ID#: Winter Springs 32708 03-21-30-511-0F00-0030 Has the Applicant previously applied for lien reduction for this property? YES NO x If Yes,When? Owner of Lien Address when lien was placed: Current owner of Lien Address: Deutsche Bank National Trust Company Current owner's relationship or affiliation with entity/person named in the lien: Other property located in the City of Winter Springs belonging to the current owner: City of V✓inter springs Pagel Petition for Reduction or Release of Code Enforcement Lien Rev.10-28-13 3. REQUEST: TOTAL LIEN AMOUNT REDUCED PAYABLE LIEN FILE DATE OR BOOK OR PAGE AMOUNT REQUESTED $ 15, 300 .00 $1, 500.00 $11/21/2011 07667 1128 Please attach a copy of the Order imposing a lien upon the property(must be included for your application to be considered) 4. PLEASE STATE THE REASONS,IF ANY,COMPLIANCE WAS NOT OBTAINED PRIOR TO THE RECORDING OF THE ORDER IMPOSING THE FINE: (attach additional sheets if necessary) 5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITION FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE:(attach additional sheets if necessary) City of Winter Springs Pare 2 Petition for Reduction or Release of Code Enforcement Lien Rev.10-28-13 Continued, 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; • 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. Applicant Signature Printed Name STATE OF FLORIDA COUNTY OF SEMINOLE Subscribed and sworn to before me this day of ,20 who is personally known to me or has/have produced satisfactory photo identification. Type of Photo Identification: Signature of Notary Public Printed Name of Notary Notary Stamp Gry of��i�n�e Spin�i Pa:e3 Petition for Reduction or Release of Code Enforcement Lien Rev.10.28-13 PROCEDURE FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE The Winter Springs City Commission has the discretionary authority to reduce or release a lien or fine according to the procedure established 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(application fee and recording costs)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 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. 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 Code 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 conditions,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 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. 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 thereafter be 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 fine 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: City of / for Springs Page 4 Petition for Reduction or Release of Code Enforcement Lien Rev.10-28-13 FOR OFFICE USE ONLY 1. CASE INFORMATION Code Enforcement Case# Description of Code Violations: Date found in Violation by Code Enforcement: Date Ordered by the Code Enforcement Board to Come into Compliance: Date property was found in compliance by Code Enforcement: 2. CHARGES: Description Amount Total Original Lien Amount $ $ $ $ $ $ $ $ (ode Enforcement Fees $ $ $ $ $ $ $ $ $ $ $ $ TOTAL LIEN AMOUNT: $ $ Cityn/'d''h�toi 5 o oys Page 5 Petition for Reduction or Release of Code Enforcement Lien Rev.10-28-13