HomeMy WebLinkAbout2014 07 28 Regular 601 111 Elderwood Lien Reduction RequestCOMMISSION AGENDA
ITEM 601
REQUEST:
Informational
Consent
Public Hearings
Regular
X
July 28, 2014 KS RS
Regular Meeting City Manager Department
The Community Development Department and the Code Enforcement Division of the
Police Department request that the City Commission consider the request of Premium Title
Services for reduction (partial release) of a Code Enforcement Lien on property located at
111 Elderwood Street.
SYNOPSIS:
As of August 9, 2011, the Code Enforcement Division has a lien on the subject property in
the amount of $15,300.00. The case for reduction of the lien amount to no less than
$2,560.00 was presented to the Code Enforcement Board on July 19, 2011. The Code
Enforcement Board voted to make a recommendation of approval for the lien reduction
request. 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 the lien. After further consideration of the details of the case, the
Community Development Department is recommending a reduction of the lien amount to
no less than 10% of the original lien ($1,530.00) plus cost in the amount $1,030.00 for a
total amount to be paid of $2,560.00.
CONSIDERATIONS:
This violation was first presented to the Code Enforcement Board (the Board) on July 19,
2011 where owner was found to be in violation of Section 6 -195 of the City's Code of
Ordinances dealing with the maintenance of fences and walls.
The Board issued an Order Imposing Penalty on First Violation on July 28, 2011. This
Order of the Board stated that the violations were to be corrected by August 9, 2011. The
Regular 601 PAGE 1 OF 3 - July 28, 2014
Board found the property to be in a state of non - compliance on November 15, 2011. The
owner of record at that time of the violation was Wesley L. Smith.
An Affidavit of Compliance was issued on December 9, 2013, finding that the corrective
action ordered by the Board had been taken. The current owner of the property is Deutsche
Bank National Trust Company.
Staff has engaged in further review of this request based upon several factors.
• Current owner is not the original violator
• Gravity of the violation /cost to cure /additional investment beyond cost to cure
(minor)
• Time to Compliance (less than 6 months)
• Previous violations by the owner (no)
Based upon the information presented above, staff is recommending a lien reduction of
90 %, ($13,770.00), leaving a balance to be paid of $1,530.00. In addition to the reduced lien
amount, the City's costs of $1,030.00 will be added to the amount for a total to be paid by
the applicant of $2,560.00.
FISCAL IMPACT:
The request represents a $13,770.00 reduction in the amount to be collected and credited at
this time to the City's General Fund. Because of staff s recommendation for a partial release
of the lien, the balance of the lien ($13,770.00) will remain an encumbrance on any and all
real or personal property owned by the original violator, Wesley L. Smith.
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 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 111 Elderwood Street from all but $1,530.00 of the original lien.
Regular 601 PAGE 2 OF 3 - July 28, 2014
After further consideration of the case and the criteria previously detailed, the Community
Development Department is recommending that the partial lien reduction be to an amount
no less than $1,530.00, which represents 10% of the original lien amount, plus the City's
costs to administer the lien in the amount of $1,030.00, for a total to be paid by the
applicant of $2,560.00. The balance of the lien, ($13,770.00) will remain an encumbrance
on any and all real or personal property owned by the original violator, Wesley L. Smith.
ATTACHMENTS:
A - Code Board Presentation
B - Minutes, Code Enforcement Board - July 19, 2011
Regular 601 PAGE 3 OF 3 - July 28, 2014
Attachment "A"
Code Enforcement Division
Case Number: 11- 0025742
Address: 111 Elderwood St.
Applicant: Premium Title Services
Sec. 2 -61.5 (Reduction of Lien Request)
Non- Compliance Hearing Date: November 15, 2011
Inspector — Christi Flannigan
Code Enforcement Division
• This violation was first presented to the Code Board at the
July 19, 2011 hearing. It was found in violation.
• The Order of the Board stated that the violations were to be
corrected by August 9, 2011.
• The Code Enforcement Board found the property in non-
compliance on November 15, 2011.
Code Enforcement Division
• The owner of record at that time was Wesley Smith. The
owner of record at this time is Deutsche Bank Trust CO
TR.
• The violation was: City Ord. 6 -195 (Fence in Disrepair)
• The fence has been replaced in the areas that had broken
slats and a broken gate.
Code Enforcement Division
• Sec. 2 -61.5 of City Ordinance covers the application
process for satisfaction or release of code enforcement liens.
The ordinance indicates that a reduction may be requested to
the Community Development Department. 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.
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6- 13 -14: The right side of the fence
Code Enforcement Division
The amount of the lien is approximately $15,300.00.
The recommendation is that the lien not be reduced any lower
than a total due of $2,560.00. This accounts for staff costs,
costs incurred to file the liens and present cases, and a standard
10% reduction of the total owed the City for a new owner who
is not going to reside in the home, per City policy.
Attachment II B II
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - JULY 19, 201 1
PAGE 7 OF 15
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 29th, (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 14th, (2011). The letter was returned `Unclaimed' on May 13th, (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 30th, 2011. There's
been no return of the item. The first class mail has not been returned at this time. The
property was posted June 9th, (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.
CITY 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 9TH, 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.