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HomeMy WebLinkAbout2015 01 27 Regular 705CODE ENFORCEMENT BOARD AGENDA ITEM 705 REQUEST: January Regular Meeting Informational Consent Public Hearings Regular X The Code Enforcement Board is requested to review this Agenda Item. CI'T'Y OF'WEVITR SPRINGS 1 126 East State - Road 434 Winter Springs, Florida 32708 Phone: 407- 327.1800 Ext: 304 www.winterspringsfI.org Application For PETITION FOR REDUCTION OR RELEASE OF CODE ENFORCEMENT LIEN Case Number: Date Appli7;1?t ived: Received By: —� hF 0- aawza Mailing Address: t3 . Date lien Payment Received: lien Payment Amount: Received By: Date Brought Into Compliance: Compliance Verified By: J S -13 -14 C.._.1=LAc--46 16 A r 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: Appli(ant's Nome: JPMCR -GAQ 4k% SAWiK WR Representative's Name: JEQW IF6- '3a ViW 69 Mailing Address: Pb 60)( 467 yl city: CbC.0 state: 014 Zip: Li3) -41 1lk.SUS Phone: (0 jq - ,' S7- .J5 ( E Mail: 2.Wt.'f�v' /C/+nd� aCRy G�t.A se.. caJrt 2. LIEN INFORMATION: Lien Address: 67-9 "W Rb Parcel ID #: 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: .* 11VtG1t~6*4 C*4&E Current owner of lien Address: .}Pleat CA4SE Current owner's relationship or off Motion with entity /person named in the lien: Other property located in the City of Winter Springs belonging to the current owner: Page 1 Petkion for Reduction or Release of Code Enforcement lien Rev. 10.28 -13 I RSOHFIT- TOTAL LIEN AMOU DATE !RBI! ORBOOK OR AMOUNT t I 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) C W gxeiv4 aF Aa, v;&&41�v, c,ah plc a 0'- )01101(3. 04. Cede, V;Ota:4 &' NVwf W'40%9 dU ff s-kx -( w+ -u-,U, , D ge, -6 -K +16 E a to s w4s a. Jt6q i rL u c@ :~I'!' -firs 66e— CAAst r oar(. �u Ca iri r+ v f iy s ff 4t- ( e t�. w:tg 4 t . WdW6 C.v i ;br Si s5 JAit 4o a `fca 4AL r �'%ei l asa�#icN- of -tea, ca& boil Essen " ed - Z due~ i ACAQ t + tree, - 5 ej Didivres 4cr- refutwe . 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) Page 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 Fi 6ff % OVA D COUNTY OF H*f"tf: -- - rank.f in Subscribed and sworn to before me this = day of , 20q who is personally known to me or has /have produced satisfactory photo identifkbtion, Type of Photo Identification: 11-0 CA D Q i oture of Notary Public Printed Name of Notary INMISFy JtdlII J! SHELLY JOHNSON # *s Notary Public, State of Ohio My Comm. Expires April 14, 2018 Win � __ -- Page_3_- Petition for Reduction or Release of Code Enforcement Lien Rev. W-28-13 MARYANNE MORSE, SEMINOLE COUNTY ' CLERK OF CIRCUIT COURT i COMPTROLLE BK 08204 Pgs 0692 - 693; (2pgs) CITY OF WINTER SPRINGS, FLORIDA CLERK'S # 2014012137 ­—PAD 82i9aiesH Hiatise AN 1126 EAST STATE ROAD 434 RECORDING FEES 19.50 WINTER SPRINGS, FLORIDA 32708 -2799 RECORDED BY H DeVore TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfi.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA THE CITY OF WINTER SPRINGS, Case #13- 0029228 A Florida municipal corporation, Complainant, v Anh Nguyen and Chase Bank 629 Alton Road Winter Springs, Florida 32708 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 September 24, 2013 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) 6 -217. Enclosure required., 13 -2. (e) Stagnant pool., IPMC 303.2 Enclosures., IPMC 304.2 Protective treatment., IPMC 304.6 Exterior walls., and IPMC 304.9 Overhang extensions. 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) 6 -217. Enclosure required., 13 -2. (e) Stagnant pool., IPMC 303.2 Enclosures., IPMC 304.2 Protective treatment., IPMC 304.6 Exterior walls., and IPMC 304.9 Overhang extensions.; 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- 0029228 SEPTEMBER 24, 2013 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until November 20, 2013 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 upon a filing of a Notice of Non - Compliance by the Code Enforcement Officer, in the amount of ONE HUNDRED FIFTY DOLLARS ($150.00) 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on September 24, 2013: 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 / 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 25th day of September 2013: • • * ' ' ' CODE ENFORCEMENT 1#O<<�i6 QI+��I CITY OF WINTER SPRIN rC*%,TL0RIDA Hugh Fisher, ChairpersC4 S Copies furnished to: CERTIFIED MAIL 7012 2210 0002 2209 7621 — Anh Nguyen 7012 2210 0002 2209 7607 — Chase Bank Anh Nguyen and Chase Bank, Respondents City of Winter Springs, Case File #13- 0029228 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 Z6" day of 2013. lew Sean Beau , Board Secretary CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, Petitioner, V. Anh Nguyen & Chase Bank Respondent. c014PLAINT NO.: 13-0029228 ADDRESS: 629 Alton Rd. Winter Springs, FL 32708 STATE OF FLORIDA ) S.S.: 6- 217,13- 2,303.2,3Cd. 2.. 3o1(.6 Soy 9 COUNTY OF SnaNOLE ) BEFORE ME, the undersigned authority, personally appeared Christi Flannigan Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says: i. That on _ Sept. 24 Y013 , the Code Enforcement Board held a public hearing and issued its Order in the above styled matter. 2. That, Pursuant to said order, Respondent was to have taken certain corrective action by or before Nov. 20 2013 , 3. That a reinspection was performed on May 23 � 2014 . 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. FZ7RT M AFFIANP SAYETH NOT. DATED this 5_ day of X11 , 20 LL . SWORN TO and subs�,t ed be o�'e me this 5 -day of 201`1 NOTARY PU -STATE OF FLORIDA My Camnission Expires: WSPD 117 Rev 12 -11 -90 .Vot- 472AA _e1l1 "� "`••., TERRY T. BAKER Notary Public - States of FlorMs •; My Comm. Expires Jan 10, 2010 Commission 0 EE 158590 BONN Tlroulp National Notary Assn. PAYMENT DATE 07/25/2014 COLLECTION STATION UB Office 3 (CH- FIN -HR -1) RECEIVED FROM Mortgage Contracting Sery Acc. DESCRIPTION 629 Alton Road application for lien reduction City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 DESCRIPTION RECEIPT Generic Payment Code 629 Alton Road application for lien reduction BATCH NO. 2014- 00000878 RECEIPT NO. 2014- 00003053 CASHIER Iris Freeman Payments: Type Detail Amount Check 206847 $50.00 Total Cash $0.00 Total Check $50.00 Total Charge $0.00. Total Other $0.00 Total Remitted $50.00 Change $0.00 Total Received $50.00 Total Amount: .00 Printed by: Iris Freeman Page 1 of 1 071251201412:14:57 AM Z � /J/ 14-f, -500V JO .. f7 (' L- .. 3/ 3v '_.. 31 .. 31 r� -500V Mortgage Contracting Services Accotre m CHARTER ONE BANK 206847 4890 W Kennedy Blvd Chicago, IL Suite 500 241070417 DATE Tampa, FL 33609 Jul 23, 2014 (813) 387 -1100 :pay $50.00 to the Order of: City of Winter Springs 1126 East State Rd 434 Attn: Iris Freeman Winter Springs, FL 32708 VOID IF NOT CASHED WITHIN 180 DAYS 2068470 t: 24 LO ?04 L ?': 4508 168? 2 ?11' Mortgage Contracting Services To: City of Winter Springs Date Invoice Number 07/23/2014 1962352775 Vendor ID 94614 Amount Description $50.00 629 ALTON RD TOTALS: $50.00 Check Numbei 206847 Date: 07/23/2014 Voucher Number OVPRO88367 Page 1 of I https: / /www.mcs360.com/MCS360/ app / work_ orders /getW OImage.aspx ?imageID =bO2l Oa... 6/24/2014 Page 1 of l httpsJ /www.mcs360.com/MCS360/ app / work_ orders /getWOlmage.aspx ?imageID =82 I f46... 6/24/2014 Page I of 1 https: / /www.mcs360.com/MC 5360/ app / Work_ orders /getWOlmage.aspx ?imageID= 456897... 6/24/2014 Page 1 of I https: / /www.mcs360.com/MCS360/ app / work_ orders /getWOImage.aspx ?imageID= I cfff6l ... 6/24/2014 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 24, 2013 PAGE 6 OF 8 Discussion. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE # 13- 0029228 Anh Nguyen And Chase Bank 629 Alton Road Winter Springs, Florida 32708 Sec. 6 -217. Enclosure Required. Sec. 13 -2. (e) Stagnant Pool. IPMC 303.2 Enclosures. IPMC 304.2 Protective Treatment. IPMC 304.6 Exterior Walls. IPMC 304.9 Overhang Extensions. Date Of Service: August 27, 2013 Inspector: Christi Flannigan Inspector Flannigan presented the Case and offered into Evidence "'WS-2' is the Return Receipt Envelope from the owner, 'WS-3' is the Return Receipt from the Property Preservation Company, 'WS-4' is the Return Receipt from Chase (Bank), 'WS-5' is Affidavit of Posting from the Notice of Code Violation, 'WS-6' is Certified Return Receipt from the owner for the Code Board Notice, 'WS-7' is Return Receipt from Chase for the Code Board Notice, 'WS-8' is the Affidavit of Posting for the Code Board Hearing." Inspector Flannigan also noted that foreclosure paperwork had been filed on the property by Chase Bank. Continuing, Inspector Flannigan stated, "I received a complaint in regards to a stagnant pool from the neighbor. The inspection shows that there is a stagnant pool in the backyard. The neighbor had given me permission to walk onto his property to see the pool. The gate had been removed and there is a screen enclosure. The enclosure door did not latch correctly and there were also missing screens. There is an area at the corner of the house where decorative features have fallen off and there are exposed concrete blocks. There's also holes in the overhang extensions. There has been no contact from the owner of record or the bank. Notice of Violation was mailed to the Owner of Record on Maly 20th, 2013 and was returned unclaimed. Notice of Violation was mailed on July 16t , 2013 to Chase and MCF Property Preservation. MCF (Property Preservation) had Postings at the front door, so they were Noticed also. The Notice was Posted at the property on June 10th, 2013. Notice of Hearing was mailed to the Owner of Record and Chase on August 28th, 2013. Notice for Owner of Record was returned unclaimed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 24, 2013 PAGE 7 OF 8 Wayne Spencer from Chase (Bank) signed for the Notice on September 3rd, (2013). Notice was also Posted at City Hall and the property on August 27th, (2013). As of 9/23/13, there are locks that are applied to the screen doors to secure that enclosure." Photographs were shown from "WS -1 ", with further comments. Lastly, Inspector Flannigan said, "In regards to this Case, I am recommending the owner be given until November 20th, 2013 to make the corrections. If found in Non - Compliance, a Fine of a hundred and fifty dollars ($150.00) a day be imposed retroactive to September 24th, 2013." Board Member Jim Wentz asked if the gate and fence had been replaced; and if the only existing Violation was the missing screens from the pool enclosure. Inspector Flannigan replied that the gate and fence were not replaced. However, the screen enclosure doors had been secured, but various screen sections were still missing. Discussion. Vice - Chairperson Gregg Roero inquired if the situation constituted a Public Safety Issue and if a higher Fine might apply. Chairperson Fisher did not believe so, as the stagnant pool was not completely accessible. Further discussion on the decorative siding falling from the structure. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, ANH NGUYEN, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 20TH, (2013) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS ($150.00) PER DAY RETROACTIVE TO SEPTEMBER 24TH, 2013 CONTINUE THERAFTER AND SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE - CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 28, 2014 PAGE 10 OF 13 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 CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Division — Police Department CASE # 13- 0029771 CitiMortgage Inc. 1017 Walnut Creek Cove Winter Springs, Florida 32708 IPMC 108.5 Prohibited Occupancy Date Of Service: January 10, 2014 Inspector: Butch West This Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 503.1 Code Enforcement Division — Police Department CASE #13- 0029228 Anh Nguyen And Chase Bank 629 Alton Road Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.9 Overhang Extensions. Original Hearing: September 24, 2013 Date Of Service: January 6, 2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence "` WS -1', the CD (Compact Disc); 'WS-2' is the Certified Mail for the owner of record for the Code Board Order; 'WS-3' is the Chase (Bank) Return Receipt for the Code Board Order; 'WS-4' is Chase's (Bank) Return Receipt for Notice of Code (Enforcement) Board Hearing tonight; 'WS-5' is Anh Nguyen's Certified Notice for Code Board Hearing tonight; 'WS-6' is the Affidavit of Posting for the property and for City Hall." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 28, 2014 PAGE 11 OF 13 Continuing, Inspector Flannigan stated "The original Hearing was September 24th, 2013. The owner was found in violation and issued an Order giving the owner until November 20th, 2013 to correct the Violation. If found in Non - Compliance, a Fine of a hundred and fifty dollars ($150.00) a day, retroactive to September 24 , 2013. The original Order included the stagnant pool and the pool enclosure. The pool has been covered and the enclosure has been locked. They were recently re- broken. The owners have been sent notice of the damage. This includes the fence panels that are broken also. The Order of Board was signed for by Chase (Bank) on September 30th, 2013. Anh Nguyen's copy was mailed on September 26th, 2013. It was returned. Notice of Hearing was mailed to Chase Bank and the owner of record and signed for by Chase (Bank) on January 6th, 2014. Anh Nguyen's is ready for pickup in Longwood per the United States Postal Service website. Notice of the Hearing was Posted at the property and City Hall on January 1St, 2014." Photographs from "WS -1" were shown with further comments. Lastly, Inspector Flannigan recommended the original Order of the Code Enforcement Board go into force and become a Lien. Discussion. "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 BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED.