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HomeMy WebLinkAbout2015 01 26 Regular 603 Lien Reduction for 1125 Ermine Avenue COMMISSION AGENDA Informational Consent ITEM 603 Public Hearings g Regular X January 26, 2015 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department request that the City Commission consider the request of Gilfredo Ares, Rachel Ares, and Shane Ares for a reduction (partial release) of a Code Enforcement Lien on property located at 1125 Ermine Avenue. SYNOPSIS: This property was previously the subject of a lien reduction request approved by the Commission on May 12, 2014. The pending sale of the property fell through and the property has gone unsold until now. The new proposed buyers are requesting the same lien reduction as was presented to the City Commission in May of 2014. The circumstances surrounding the lien reduction request remain the same, except for the buyer. The current request is to facilitate a closing on the property that will be homesteaded. CONSIDERATIONS: As of April 10, 2014, the Code Enforcement Division had a lien on the subject property ion 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 case for lien reduction was presented to the Code Enforcement Board on April 22, 2014. The Code Enforcement Board and the City Staff recommended a partial release of lien to accommodate a short sale which was pending on the property under certain terms and conditions to at least cover 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. Regular 603 PAGE 1 OF 3-January 26,2015 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. At the Code Enforcement Board meeting of April 22, 2014, the Board considered the request for lien reduction and recommended the lien be partially reduced to $1,296 which represented the City's costs (both direct and indirect) of administering the lien. Over the past eight months, several sales opportunities have fallen through. It appears that the current prospective buyers, (the Ares) are ready to close and are ready to pay the reduced lien amount of $1,296.00 to the City. According to the Code Enforcement Division, all violations are still in compliance and the property has been maintained over this interim time. FISCAL IMPACT: The City should receive a minimum of $1,296.00 for the partial release of lien on the subject property. 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 recommends that the City Commission approve a partial release of a code enforcement lien; releasing the property located at 1125 Ermine Avenue from all but $1,296.00 of the original lien, subject to the following terms and conditions: 1. Upon the short sale closing, a check made payable to the City of Winter Springs in the amount of$1,296.00 shall be delivered to the City. 2. 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, within that 30 days, to extend, Regular 603 PAGE 2 OF 3-January 26,2015 in writing, the estoppel letter to accommodate a delay in the short sale for good cause shown. 3. The property must be homesteaded by the buyer. 4. The property must remain code compliant. The balance of the lien ($92,896.45) will remain an encumbrance on any and all real or personal property owned by the original violator, John and Michelle Wess. ATTACHMENTS: Lien Reduction Documents Regular 603 PAGE 3 OF 3-January 26,2015 January 16, 2015 To: Kevin L. Smith, City of Winter Springs Attention: Shawn Boyle Randy Stevenson The city of Winter Springs Commission Hello! We have been asked by our Realtor, Maribel Zimeri,to reach out to you today to discuss the paying the Lien on the property located at 1125 Ermine Ave., Winter Springs, Florida. First, let me introduce myself and my Family. My name is Rachel Ares, my Husband Gilfredo Ares II, who goes by Freddy and our 10 year old son Shane Ares. We are all born and raised in Central Florida and residents of Seminole County for the last 9 years. I am a small business owner, teaching preschool age children beginner dance for the past 14 years. My Husband Freddy is the Supervisor of Construction, at Nelson & Company, employed with them for the past 21 years. Our son Shane is an Honor Roll Student at Lawton Elementary and a master Lego builder that we could not be more proud of! To the more important issue! We found our dream home on 1125 Ermine Ave. many months ago. We fell in love with this home! At the same time we knew that this short sale would come with its many challenges. We decided to go for it! We are not investors. We are in no way related to the previous owners. We plan on this home being our forever home. We are going to Homestead this home. After months of working with Chase Bank, our Lender, our Realtors,the City of Winter Springs and Seminole County, we have come to the end of the road and are ready to close on this home. We have been asked to complete certain task to make this sale happen. We have repaired the pool. From an empty swamp-type looking pool, complete with hours of labor& cleaning and installing a new pump, it is now back to its pristine look, ready to jump in and enjoy! Along with months of keeping the yard to the beautiful standards set by the neighborhood and the City of Winter Springs. With all Financing challenges complete and ready to close, I was on my way to pay the final Lien to the City of Winter Springs in the amount of$1,296.00 today. Following the attached letter instructions prepared by City Manager Kevin Smith and discussed with Randy Stevenson, Community Development Director, via email to Scott Jones, Listing Agent and Realtor Maribel Zimeri. I received a phone call from Maribel Zimeri that we would not be able to pay the Lien and close the following week as expected. It was been brought to my attention that the letter must be reapproved by the City Manager. In reference to the Lien letter, 2nd to last paragraph which reads, "The payoff amounts set forth in this letter shall be binding on the city, but shall expire within 30 days of the date of this letter unless I,the City Manager agree to extend this estoppels letter, in writing, to accommodate a delay in the aforementioned short sale for good cause shown". This being the reason that I plead with you today, to reapprove this letter as soon as possible, as we have a deadline of Friday,January 23rd to close on this loan to purchase our dream home. Our goal is to satisfy this Lien with the City as soon as possible. Allowing us to become homeowner's in this beautiful city of Winter Springs for many years to come. want to thank you in advance for taking the time to read this letter and to help us with this very important time sensitive issue! We have exactly six (6) business days from the date of this letter to enable us to close on this home. Sincerely, Gilfredo, Rachel &Shane Ares Signed and dated: Gilfredo M. Ares 11 date Rachel H. Ares date Shane Ares date TY U M6 EA5T STANK ROAAD:4-1 x ; WINTER SPRINGS,FLORIDA 32708-2799 Tetephane:(407)327-MT ksrni h6win!ersPnngsftMrg Kevin L.Smith 0 'tanager ay 22,2014 , 11.25 rmine Avenue, Winter Springs, F10,11da Lear Manbel Zil'Fieri, The purpose of his lettert is to provide you With a payer amount for two city of Wit ter Springs liens recorded against the real: property located at 912$ Ermine Avenue; hinter Spdkings, Flo d& The fire. Tien it a Cade Enforcement, Board Lien recorded in Seminole County oil Record: Book. 7`390 Pages 41 X79- 0 ('Cod Lieu} and rtie second; is a rnorlrg lien record in SeiinQleo+ rttyiit�ial Record Bdok, 8186, Page 1182-In the arnount or; 76.7 ( oWn eh ), It €s the City's un a .tanding,that a short sale is pending on the efor ned property anti that you At uesting a release of lies in €�rd r to corrtpiete �e sh A sale: Your request was brought to the Gi4, Commis:3la°n for consideration. Pur'Su2nt to directive of the tatty Commission on ley 12, 2014, the City will: provide upon the short sale olosirtg, a f li release of the Molding Lien and a artial rei. of the Code. liar, under the following conditions: t upon the short sale: dosing, a check Made: payable to the City oa Winter Springs -in the rninirn,utr aMount of One-Thousand, Two Hundred and rtety- i l of€ate a0d ? o Cuts ( ;2�. iii .7� wiff be applied W the Mowing Uen,. $115.74 'dill be applied to Unpaid outstanding City utility bill on the property, and the balance,applied to the Code Liam. 2. Subject to City's receipt of the anal short.sale closi ng statement verified by the closing agent, any net pros due.the Seller (violator;= shall be paid to the City of Winter Springs up to tr'Ite total amount owed on the Code and Mowing Liens and out tendin utility bill in the atrio nt of $94,191.43. [A full Tease Of Code Lien will be provided in the unlikely event the anbre x'94,f92. is pain`to the CM 3. The closing agent providing.g. ocumentat on that the buyer of the propel" has or will homestead the property upon o,osi g. ICITY OF WINTER SPRINGS, FLORIDA • 1,126 EAST STATE ROAD 434 �_• W MER SPZii�1CS,ri ORIDA 32709-2799 � r_.....;'�;f Telephone.(407)327-5957 ksr ith@vvinterspringsfi.org Kevin L.Smith eifi°_Manager 4. At the time of closing, the City veriftes that the property remaine in ,ompfance with the City Code; The payoff amounts set forth in this letter shall he binding, on the City, but,sh216 0X ire ithi<n ftrty tar days of the dates of this letter Unless #, the City Manager; agree.to e nQ t'tt pe es letter, in Ming, to accornmoodate a delay in thei afore e ti nod short sale for good cause show fl. Please. coordinate any pa Meat Of the af0tem-entioned liens with the City`s Community Development l�ire�tor; randy Ste en o wh GaP� be rea �:d at.4t37�3�7: 5970 aiid Mt �le Make nt (able to f yM _ e . oaf L inter pr nqs. �artcerel}�, �1b ..Kevin L rbith City manager CC; Randy Stevenson, COMMUMV 00velOPMent DiMtOr City of Winter Springs 1126 E. State Road 434 Winter Springs,FL 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 Linter Springs. Please check with 5emincle county Tax Collector's Office Real Estate Taxes and Assessments $0.00 Utilities-Fast Due Balance $115.74 Utilities-Current Balance A/C $0.00 Code Violations/Liens $172,876.71 Community Development Permits/Licenses $0.00 Total $172,992.95 *Please note: Charges above may have been incurred by previous owners and/or tenants. Additionally,sLihWuent payments are often tendered by ether than title company. Pages faxed exclusive of fax transmittal cover sheet- 14 f 3` # CITY OF WINTER SPRINGS, FLORIDA U " v 1128 EAST STATE ROAD 434 WINTER SPRINGS,FLORt0A 32708-279$ a WEI TELEPHONE-(407)327-IUO FACSIMILE: (407) 527-4753 WEBSITS:www.miriterspdngsfi.org CODE ENFORCEMENT BOARD CrrY OF WINTER SPRINGS,FLORIDA THE CITY OF WINTER SPRINGS, Case 11 1 2-0427 7'158 A Florida municipal corporation, woAiIIE IsORSE, MM If CIf10,lIT WJRT Complainant, SEJIIMIn cam 6K Is" Ns 1179 — IH01 tENal CLERK IS # 2813037653 V. AEMM U115IM3 ICE90 PM Michelle and John Wess 118=1116 FEB IL iii BY ,I Fk1t wroth all) 1125 Ermine Avenue Winter Springs,Florida 32708 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATIOIS THIS CAUSE having come on for consideration, alter being duly noticed, before the Code Enforcement Board of the City of Winter Springs, Florida, on November 20, 2412 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 Finding, of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Ead and Conclusions of Low 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 grid Debris, 6-217. lnclosure Required, IPMC 304.2 Protective Treatment, and IPMC 304.7 Roof and Drainage exists) 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 wo 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: Secfion(s) 13-2. Jung and Debris, 6-217, Enclosure Required, tPMC 31341 Pwtective Treatment, and ii'MC 304.7 Roof and Drainage; 5. 'Iliat said violations) exists) or existed within the City of Winter Springs and that such constitule(s) violatian(s)of the City of Winter Springs Code of Ordinances. t CITY OF WINTER 5PRIWS.FLORIDA CODE ENFORCEMENT BOARD CASE NUMBER 12-00277758 NOVENMER 20,2012 PAGE 2 OF 2 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS,IT IS HEREBY ORDERED: I. 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 tune 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 Cade Enforcement Board that the Property remains in violation,a fine will be immediately entered upon a tiling of a Notice of Noncompliance by the Code Enforcement Officer, in the amount of TWO HUNDRl?D DOLLARS ($2110.00) per day until the violation(s) Ware 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 c mfir ation,the Code Enforcement Officer shall promptly file a notice of Compliance; &y fr ne im osed pinuant to this pauig=h shall be ramctively impggd bcjfming on Noyernber 20 2 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 Hoard shall be directed to record d 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 recurrences)of any violation(s)addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforr..emerit 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)exists) shall impose a fine not to exceed Five Hundred Dollars ($50 0.00)per day for each repeat violation, beginning an the first day the repeat violation(s)is 1 are found to exist. 5. The Code Enforcement Hoard 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 Ilt,Division 2. DONE AND ORDERED at Winter Springs,Florida,this 261h day of November 2012. CODE ENFORCEMENT BOARD OE=THE Cr Y OF WINTER SPRINGS,FLORIDA 1 C irperson Copies furnished to: CERTIFIED MAiL 7011 1570 0003 5656 1398 Michelle and John Wess,Respondent City of Winter Springs,Case File x#12-00277758 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 Respondenfs authorized representative on this M7""day of }�sYw11n� ,2012. Sean Beau oard Secretary t ae[ 12-0C2775B i cr" at mom SPFMWI BLORMA X91 1725-Er Ffoo Ave. r wnt w pomis.Fl.9270 Patl~t4Qetr. V. it*n w%d ulCi le VASS f rn=or rrLm► C 0( f3' va+ti rfi]�b mcsmc or amcm= � ' MM m, the undersigned aroority, puvor-ily aced ChrWW Flannigan .�_. 00& Trap=tca fear Ow city or dm. Aft Er t-i *aly amm. depo fod ewyas i. ont an my,20 , 2o12 , t1w 0:.M Mloroemm t! 9=4 h Od a pmblic hmrkQ " 4wild db ON ft- in tkw lea *Wlad ewttwar. 2. ThRt, pt mt c to paid iF&r. 0 t q to how =ken offtwI1 c=v* cLyw actim bpi cr bras 2K,20 , 2u 12 . S. 12ut a mbnopwtim"m I Fm d cm AW1 3 7th-- 4. iflat tkw relngpwtim i'rAftliod that do ooar*mj%* aCt3m andi wmd by tha Doff Eftforwomont bw b m t Amn. ! AVrlAn SAYY37f iii'. 011TPi} this 3 dry of Ml 2a.L4_ alowtwo� sib is woad ha • dby F!o►st7 Puhliz BIFtiM d�arrd� of iiwnbr L 1rOWN%D NMy/�CanmiwioeflD9L2476 I/ EZO06t,i1CF4 �IALA.Y X71 AIOTTAW PU=C . STATE CF JIlRFDA My Caom imian EWinww: ws?D 117 l#v 12-11-90 Carty of Winter Springs Detach this portion and return with your remittance UTILITY BILL Utility Billing 1126 E.State Road 434 Make Checks Payable to: Remit Copy Winter Springs, FL 32708 407-327-5996 City of Winter Springs Ltiii {y Due Upon Receipt M Iota, Accatmt Number CUtnttfner to f918 Da#e Lath AfMr plTlevIaL*� Iwm Cur ix,chkm s 49124! 2013 10!1912013 9.88 105.86 ■ $115.74 Changes made below ara for mar7f v address only. Mailirg Address: j rr EE 1 `1`1 1 11 ii C1ty,State,ZIP: Ill,�lira�t��Itt1��ITS�sl�e�i11l0�Ir1e�11Ullilai ltlllelir�l■tr� Home Telephoria- tusiness Tdeplrare: JOHN WESS Email Address: MICHELLE WES$ 302 HEARTH LN CASSELBERRY EL 32708 G;ty off'WMterSpares UTILITY BILL Utility Billing 1126 E. State Road 434 Make Checks Payable to.- Winter SpriNs,,FL 32708. City of Winter Springs Utility ���� 407.327.5996 or Keep this portion for your records utiiltybills @winteraprinrgstl.org Due Upon Receipt C11151011W %orioa Address JOHN WES$ 1125 ERk%NEAVENUE SIR Number Account Number CUMIlTm 10 1111 Onto Late After OW2441013 1011512013 Dutton i'reaemt Read Doi" Preiviom Read reds Pfeaerif!Meter flaatliry I?tertous Milt*Ftltm lhV Umve in Gallons Charge PREVIOUS BALANCE 9.88 WATER 3J4' 0911012013 0811501013 678050 664010 1 4040 26.15 SEINER 2A' 53.49 GARBAGE 18.10 STORAiIWATER 5.50 Water Tax 2.62 Deposit Posted 100-00 Last Pty Amt Last Pay Date Current�s BtNance ■ 54.00 1=712013 105:86 115.74 $115.74 THIS IS YOUR FINAL BILL FOR THE LISTED SERVICE ADDRESS. Customer Service:For biding ouestions UR(447)3275996.Mondayto Friday,5:00 a-m.to S:W p.m,After hours drop box is;avaiWble for payments at the west and of City HO.PLEASE DO NOT PLACE CASH IN MIGHT DEPOSMORY. For after hours emergencies related to utilities,call(407")327-2669 Appeals:Any user whu feeds their mongly hill is uniust and inequitable may make written apptiratioo for review v ithin ten(10)days after the delta of rindacing of the bill by the city.An adjuslmemY may be avalahle.in remain i"Mrices_Vanoxts adiusbnents include excessive Use,leek or pool 131_An approved adjustment wuukfbe permitted no more than once a year or twPte over ten years. Autt■nptiC Bpdk Dn t:Patanerrt will be drafted an the Thursday beWo the'LATE AFTER'dale.If this date falls on a bank-hakday the-payment will be&&tied the nerd business day- Detirttl Payments:d'CURRENT CHARGES'are nod paid by the*LATE AFfEW dale he aceourd.is subject to a Dal'rquard Notice with late fee-charge of UDD or 5%,whidraveris greater.'PREVIDUS BALANCE incticalas d PAST DUE amount.The'LATE AFTER date on the'CURRENT CHARGES'does not apply to any'PREVIOUS 13"NCE',An aciownt:with a'PREVIOU5 BAIAW—E'is subject I disconnection at any time.In order to reirslete service on an accantlumed.off for nonpayrmeril.the custnmsr mist pay the toeal amount die pluir an additional tum-w chlirgp of 830 OD-Our pchey prohibits field penVA01 from collecting any cheWcs or cash from our wstarners-Payment must be., in our customer service office W-w the hours d StOa:m_and 5:00 p.m.Riau have arry queati0h5 regarding d6fiFICiveoll_ accounts,plisse contact.our cclleciian office at(407)327-5953. W it Problems:The City of linter Springs is riot responsible for redelivered or tale mall,In the event you fall to nsceive a bill.please call customer service at the number haled above. CterI;xw and NscrclirrB: waste Piro of FTneido,Lnc.handles all garbage and recycling.Ouestiom regarding these services sbou d be dratted to rsir nziomeyservioe department at(407)774-0800. Hoar to Road Your water Meter-Sanpty write down all the numbers shown on the fam of the meter and deduct"previous reeding from lhisflgure to Gat yourwaler consudtpoon in thousands of gollurs. M AYME NMEF, 9[IIME 00" CLERK W CIRCUIT CM # COMPTAXLEA lK 00106 1g t162; Upg3 CLERKI S * 2013161450 CITY MANAGER RUXWX 19Y3112D13 10sloslg AN CITY OF WINTER SPRINGS 1M� t� 111.00 � By J #Wdfttallf 112+6 EAST STATE ROAD 434 WPMR SPRINGS,FLORIDA 32708 LIEN 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: 12-21-3"DA►-0000-5610 LEG LOT 561 WINTER SPRINGS UNIT 4 PB 18 PGS 6-8 OWNIER:JOHN'WEBS 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 1i.J2 postage, and recording the lien$10700 for a total of$76.71, ._��•�, ._ .' Date: f-;Z > 3 =� Kevin L Smith, I, Shawn Boyle, Finance Director of the City of Winter Springs, f'Io6., hereW rtify that the City holds a Special Assessment in the amount of $ 76.71. This'propel`was mowed on IDecernber C, 2013. ADDRESS: 1125 ERMINE AVE.WE4 TER SPRINGS,FL PARCEL: 12-21-36-SDAi-0000-$610 LEG LOT 561 WINTER SPRINGS UNIT 4 PB 18 PGS 6-8 OWNER:JOHN VVESS Date: Shawn Boyl ance Director 3 Sworn to and subscriber) before me this 01�day of � %C 201 Shawn Boyle, Finance Director of the City of hinter Springs, FL and who is personally known to me. Y OEM., to 3+, iI ; t /�1 __.. F i E i I CITY OF WINTER SPRINGS,FLORIDA7. MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 22, 2014 CALL TO ORDER L.L.4 1 The Regular Meeting of Tuesday, April 22, 2014 of the Code Enforcement Board was 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 3270&. 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 11600"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 f MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 2 OF 16 INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT L6 Chairperson Fisher opened "Public Input". No one addressed the Code Enforcement Board. 0 Chairperson Fisher closed "Public Input". CONSENT AGENDA CONSENT 300. Office Of The City CIerk Requesting The Code Enforcement Board Review And Approve The March 2S, 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. CITY OF WINTER SPRINGS,FLORIDA 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 um Enforcement Board that she would be representing the City at the meetings. REPORTS 401. Code Enforcement Division—Police Department As was requested by the Code Enforcement Board at the last meeting, Captain Deister 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 444. Code Enforcement Vice Chairperson No report. REPORTS 405. Code Enforcement Board Members No reports were given. CITY OF WINTER SPRINGS,FLORIDA MINUTES !� CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 4 OF 16 ❖:• AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT,IN THE ORDER DOCUMENTED. ❖❖ ;9 . REGULAR AGENDA REGULAR L 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 10. 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 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 1°— 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. Iwo L 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 cragged 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 ($1,296.34), 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 MINUTES CODE ENFORCEMENT BOARD _ REGULAR MEETING-APRIL 22,2014 PAGE 6 OF 16 QUESTIONS AROSE ON HOW LONG THE APPLICANT HAS TO PAY THE 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 11503.1 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 3 rd,2014.