The URL can be used to link to this page

Home My WebLink About2015 02 09 Regular 603 Lien Reduction Request for 204 South Moss RoadCOMMISSION AGENDA ITEM 603 REQUEST: Informational Consent Public Hearings Regular X February 09, 2015 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 Angel and Jacqueline Carrero for a reduction (partial release) of a Code Enforcement lien on property located at 204 South Moss Road. SYNOPSIS: At the Code Enforcement Board (Board) meeting of March 18, 2008, the Board issued an Order Imposing Penalty/Lien for non - compliance against the subject property. At the Code Board meeting of October 18, 2001, the Board considered five distinct code violations on the subject property. The owners of the property were given until November 1, 2001 to correct the violations. An Order Imposing Penalty on First Violation was recorded on December 28, 2011 for all five violations. Affidavits of Compliance were issued by the Code Enforcement Division on November 26, 2012 and December 12, 2013 for all five of the violations. The total lien amount for the one lien from 2008 and the five liens from 2011 is $327,121.41. The case for a lien reduction was presented to the Code Enforcement Board on January 27, 2015. The Code Board and City Staff recommending a partial release of lien to accommodate a sale of the property. The Code Enforcement Board recommended that the partial release be from all of the lien except at least $10,000. CONSIDERATIONS: An Order Imposing Penalty/Lien for $121.41 for non - compliance was issued against the Regular 603 PAGE 1 OF 4 - February 09, 2015 subject property on March 18, 2008 (Complaint 07- 00148500). In addition, the Code Enforcement Board met on October 18, 2011 to consider five distinct violations on the 204 South Moss Road property. The violations considered by the Code Enforcement Board are as follows: Case # 11- 0025345 Violation of Section 304.7 of the International Property Management Code, Roof and Drainage. This violation continued for 392 days at $250 /day for a total fine of $98,000. Case # 11- 0025342 Violation of Section 304.13 of the International Property Management Code, Broken Window. This violation continued for 70 days at $250 /day for a total fine of $17,500. Case # 11- 0025335 Violation of Section 304.4 of the International Property Management Code, Structural Members. This violation continued for 392 days at $250 /day for a total fine of $98,000. Case # 11- 0025350 Violation of Section 304.2 of the International Property Management Code, Exterior Wall (coverings). This violation continued for 392 days at $250 /day for a total fine of $98,000. Case # 11- 0025337 Violation of Section 9 -374 of the City's Code of Ordinances, No House Numbers. This violation continued for 62 days at $250 /day for a total fine of $15,500. There is also a utility bill balance of $36.06. The total amount of the outstanding liens is $327,157.47. These fines were to continue until they were corrected and full compliance was confirmed by the Code Enforcement Officer. The owners at the time of these violations were Kenneth and Samantha Furboter. The current owners, Angel and Jacqueline Carrero bought the property on October 26, 2012 at auction and in "as is" condition. According to the Carreros, the title company informed them of the liens but not the amount. The Carreros addressed the violations after their purchase of the property and Affidavits of Compliance were issued on November 26, 2012 and December 12, 2013 for all of the violations. However, for the two years they have owned the property, they have not approached the City to address the outstanding lien amounts. The property has been a rental property for the past two years. Once the Carreros decided to sell the property, they were reminded of the liens by the real estate broker representing the potential buyer. They have also claimed that the City never sent them notice of the lien amounts during the two years they have owned the property. As stated earlier, the Carreros bought the house in "as is" condition prior to finding out how much the liens on the property totaled. The lien has amassed to $327, 157.47 on a house that the Code Enforcement Division has estimated is worth $60,000- $70,000. The house has been rehabbed and all of the violations have been addressed. There have been no code enforcement issues since the Carreros have owned the house. Regular 603 PAGE 2 OF 4 - February 09, 2015 At the Code Enforcement Board meeting on January 27, 2015, staff recommended that the lien be reduced to 10% of the original lien, or $32,715.00. Staff made this decision because the property has been an investment property and not a homesteaded property. The Code Enforcement Board felt that a $32,715.00 lien on a house worth only $60,000 - $70,000 would prove an extreme hardship and would impede the sale of the house which is necessary to further the City's goal to get these houses homesteaded and occupied. After much discussion on the unknown costs incurred by the City, how the property was purchased by the owners without knowledge of the amount of the outstanding liens, and what a fair price would be for a reduced lien amount, the Code Enforcement Board recommended reducing the lien amount to $10,000.00. FISCAL IMPACT: The City would receive a minimum of $10,000 for the partial release of the 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, the Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission conditionally approve the partial release of the code enforcement lien on property located at 204 South Moss Road, subject to the following terms and conditions: 1. The conditional approval of the lien reduction shall be contingent upon the current owner producing a willing buyer who intends to homestead the property. 2. The conditional approval of the lien reduction request shall expire within ninety (90) days of the City Commission's approval unless the City Manager agrees, in writing, to extend the time permitted for closing to accommodate a delay for good cause shown. 3. The applicant submit a check made payable to the City of Winter Springs in the minimum amount of $10,000.00. 4. The property continue to remain code compliant through any pending sale. ATTACHMENTS: A - Lien Reduction Annlication Package and Code Board Agenda Package Regular 603 PAGE 3 OF 4 - February 09, 2015 B - Code Enforcement Board minutes of January 27, 2015 Regular 603 PAGE 4 OF 4 - February 09, 2015 ATTACHMENT A CODE ENFORCEMENT BOARD AGENDA ITEM 704 REQUEST: January Regular Meeting Informational Consent Public Hearings Regular X The Code Enforcement Board is requested to review this Agenda Item. CITY OF ViEV ER 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 Application Received: Received By: Date lien Payment Received: lien Payment Amount: Received By: Date Brou ht Into Compliance: 1 1 -TL -1 Z Compliance Verified By- L , �l "16-16, cJ 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: App' ant's Name: Parcel ID #: Represen e's Nome: Owner of Lien Address when lien was placed: Mail' Address.-, Gl City State: r lip: 61)0 77 Phone: E -Mail: 2. LIEN INFORMATION: m Lien Address: f 'Dq Ho Parcel ID #: Has the Applicant previously applied for lien reduction for this property? YES NO _( If Yes, When? Owner of Lien Address when lien was placed: Current owner of Lien Address: Current owner's relationship or affiliation with entity /person named in the lien: A% Olt�herr property located in the City of Winter Springs belonging to the current owner: VU1e, Page 1 Petition for Reduction or Release of Code Enforcement Lien Rev. 10 -28-13 R RFAIIFM 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) 3• y- !J 5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITM FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE: (attach additional sheets if necessary) I Pill d D gun /rt Dto Fri C b ctin � � vt�► N a a,� � c, � mt �G N 0 M N 05, WA VON &Mal "M -WIN / V11 N w- 6LV"e- hiv&v /-) 6L IfAAe 11 L� c G2Q 3• y- !J 5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETITM FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE: (attach additional sheets if necessary) u Page 2 Petition for Reduction or Release of Code Enforcement Lien Rev. 10-28-13 �v I/ WE a d D gun /rt Dto C b ctin � � vt�► N a a,� � c, � mt �G tot 6LV"e- hiv&v /-) 6L IfAAe 11 L� c G2Q t eiv a n et tv--e- u Page 2 Petition for Reduction or Release of Code Enforcement Lien Rev. 10-28-13 �v I/ WE Y� 7— �I i 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 o3 day of 5ep-b'P 6ASD -P—V- , W4 who is personally known to me or has /have produced satisfactory photo identification. Type of Photo Identification: P(Z 1O0 L l0 2-0 �J Notary stamp Lav A. LcJ -PCV Ignature of Notary Public Printed Name of Notary Notary stamp Page 3 Petition for Reduction or Release of Code Enforcement Lien Rev. 10 -28 -13 S�Y,•9F.'LS LAUAIIAFFRGY MY COMMISSION t EE 879535 s� EXPIRES: March 3, 2017 Bonded Tluu Nobly Pum uf*r krs Rammum Page 3 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 (ode Enforcement Board shall recommend to the City Commission approval, approval with conditions, or denial of the application for satisfaction or release of lien. The (ode 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 (ode 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, 4 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. 30 -28 -13 FOR OFF /CE USE ONL Y 1. CASE INFORMATION Code Enforcement Case# Description of Code Violations: Dote 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 $ $ $ $ $ $ Code Enforcement Fees $ $ $ $ $ $ TOTAL LIEN AMOUNT: $ $ Page 5 Petition for Reduction or Release of Code Enforcement Lien Rev. 10 -28 -13 City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 Contact - Becca Hipes (407) 327 -5996 Fax - (407) 327 -4753 In regard to your recent inquiry researching property address: Our internal records indicate that the following amounts are currently owed as of the date of this response: 8/18/2014 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. Real Estate Taxes and Assessments Utilities - Past Due Balance * Utilities - Current Balance A/C Code Violation / Liens Community Development Permits /Licenses Total $327,157.47 see email attached See attached * Please note: Charges above may have been incurred by previous owners and /or tenants. Additionally, subsequent payments are often tendered by other than title company. Pages faxed exclusive of fax transmittal cover sheet - 127 If applicable, this fax includes important information related to Assessment Districts such as the prepayment option available for capital assessments. CODE ENFORCEMENT PENALTIES FOR 204 S MOSS RD Case # Days of Non - Compliace Amount Due 11- 0025345 392 $ 98,000.00 11- 0025342 70 $ 17,500.00 11- 0025335 392 $ 98,000.00 11- 0025350 392 $ 98,000.00 11- 0025337 62 $ 15,500.00 07- 0014850 n/a $ 121.41 Total Due: $ 3271121.41 THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11- 0025345 MMIYEIME INWAEg C1.E11K IF CIAMIT MW U 0761M Pyle 04261 — 427; QW) CLERK• S 0 20 t t t 40300 12/20/21011 01125s 15 EMI Ii 011 DING FM 10.50 ]IN j Eck"reth(all) ORDER EAPOSING 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 October 18, 2011 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. Findings 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 -54 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section(s) IPMC 304.7. Roof and Drainage, as Adopted by Section 6 -300 of the City Code 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: IPMC 304.7 Roof and Drainage, as Adopted by Section 6 -300 of the City Code; S. That said violation(s) exist(s) or existed within the City of Winter Springs and that such constitutes) violation(s) of the City of Winter Springs Code of Ordinances. Petitioner, V. Respordeat. Samantha & Kenneth Furboter CaVIA rrr No . 11- 0025345 Anna ws: 204 S. Moss Rd. Winter Springs, FL 32708 .MALL VC Yi.,1/.{.LW. ) S.S.:1-4m COUNTY OF SE14111DLL ) BEME ME, the underaigned authority, personally appeared Christi Flannigan , Code Inspector for the City of Winter Springs, who, after being duly sworn, deposes and says: 1. That on October 18 2011 , the Code Psstorcesawt Board held a public hearing and issued its order in the above styled matter. 2. That, pursuant to said Order, Respordent was to have taken certain corrective action by or before Nov.1 , 20 11 , 3. That a reinspection was performed on November 26 2012 4. That the reinspection revealed that the corrective action ordered bey the Code Enforcement Board has been taken. FtAt19 M AFFIANr SAYEM NOT. DATED this 9 �,-_ day of QD V 201 FA f A.. R mg 81A10 W TO and subscribed before no this %16 day of Aj L") LA 20u?- ,,•�; p %., �4t: TERRY L BAKER �j j ICY NOTARY IC - STATE 901' Z' �' d Notary Public - State of Florida My Comm. Expires Jan 10, 2016 FLORIDA : =• �= Commission N EE 158530 r�;i;••' Bonded Through National Notary Assn. My oomsission Expires: WSPD 117 Rev 12 -11 -90 THE CITY OF WINMR SPRINGS, A Florida municipal corporation, Complainant, U CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF W MR SPRINGS, FLORIDA Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11- 0025342 VAUV K lam, MM W CIAMIT CWU 98UNU Comm BK 07688 PAS 0124 — 4951 12P8s) CLERK" !S * 2011 t 40299 IFE 12/28/2011 O1s25115 PM t lIIWO FEB 11.30 IB FORS BY J Echenreth(all) ORDER EWPOSING 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 October 18, 2011 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. Findings 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) IPMC 304.13. Broken Window, as Adopted by Section 6 -300 of the City Code exist(s) or existed upon the Property and that Respondent was fiuther 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: IPMC 304.13 Broken Window, as Adopted by Section 6 -300 of the City Code; 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. MY Of 1iM= SFRnQS, FLUtmn Petitioner, COFLAM NO. -11- 002342 ACmm :204 S. Mole Rd Winter Springs, FL 32708 V. Kenneth & Samantha Furboter k of AmeAca- RMpW&Mt. .!�ir��'i. -.'Yi .mot; .... .•il i +. i.w.. •;. _. STATE ($ rimiu ) ) B.S.: 304.13 may or Mama ) eEPM MR. the undercipnad auRhority, personally appeared Christ Flannigan �, 0060 irafipactor for the City of WLntar Spt'it>jp, ado+ after 1-1 duly wwrn, deposes arm says: 1. That an October 18, 2011 the Cads Rnfalmomtut Board held a public hearing and larmd its fhdar in tbs about styltd mattar. 2. lbat, pw'sumt to said Older, Raspo n& nt 11et to hw" tab= oermft oorzsctiut action by or befam November 1 . 2011 A. That a reinapeation me perfm=d as jantm[y 9 2012 a. That the twinspectian rsvtaled tAat the corrective action ordered by the code Raorosomt Board Ass been t*m. DATIGO this 12 dsy of December 2013 , sw0W 20 and eubeoribad bat me this / /�� y of S 8d. I ov= Pt>6 -STATE Qy 5'LDRMA TEARY T. uw My comofasion lk nw: 101ary Puff - slut of ]Ftwift 4Y Comm. 4pim Jan 1Caen:iaden 0 EE 15 Ilamw ugh Mlbol N WSPD 117 Rev 12 -11 -90 THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.vAnterapringsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Kenneth And Samantha Fmboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11 -0025335 969 M .E tMJrltY BK 07688 Aqs 0422 — 423; C4VI CLERK'''S 0 20L I t404298 MOVIDiD 12/2B/2011 01t95si5 FN Erl 118; TEES IL 50 BY d Eeksoroth(all) 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 October 18, 2011 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. Findings 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) IPMC 304.4 Structural Members, as Adopted by Section 6 -300 of the City Code 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: IPMC 304.4 Structural Members, as Adopted by Section 6 -300 of the City Code; S. 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 Or wn?m SPRnms, FLORIDA cabs stFa' BOARD, Petitioner, V. Respondent. Samantha 8► Kenneth Furboter CdMPtAAniT NO. :11- 0025335 AmREss :204 S. Moss Rd. Winter Springs, FL 32708 STATE OF FLORIDA Comfry OF ; s.s.: A mac. �-I- ructut �xm�a1° BV?ORE ME, the undersigned authority, personally appeared Christi Flannigan , Code Inspector for the City of Winter Springs, t t•:o, after being duly sworn, deposes and says: i. That on October 18 , 2011 , 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 tdm certain corrective action by or before NOVA . 201, . 3. That a reinspection was performed on November 26 , 2012 . 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANP SAYEM NOT/. 1. DATED this rf day of C1J� 20r L . SCM TO and avbscribed before me this � day of A20 V 2e :"X TERRY T. BAKER apt v • t`s� N04ety pumit - slate of Bona. IC -STATE OF NY Co". ExpkeaJan 10 101h ComnM 51on M EE 158530 �► �'�;,q;,; t• •` Bonded TMpupA Na<ionoi Nota�•� Assn My Commission Expires: WSPD 117 Rev 12 -11 -90 THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, V. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WEBSITE: www.winterspfngsfl.org CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11- 0025350 WRVNK WRIEj MEIR OF CIRCUIT CDUiIT MMILE COUfITY BK 07686 Pgsi 04M — 429; I2pysf CLERK'S & 20 L L L 4030 L 12/28/21011 01:25:15 PM MEMO MO FEES 18.50 REIJ)iIDE11 BY J Eckamthtallf 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 October 18, 2011 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. Findings 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) IPMC 304.2. Exterior Wall (Coverings), as Adopted by Section 6 -300 of the City Code 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: IPMC 304.2. Exterior Wall (Coverings), as Adopted by Section 6 -300 of the City Code; 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. Petitioner, Res;xmdent. Samantha & Kenneth Furboter Cotr 2r A= No. ,11- 0025350 Amass: 204 S. Moss Rd. Winter Springs, FL 32708 STATE OP =PMA ) S.S.: � NY'. 3C >�1 �a pt�ec �ivr i rrai �nea ODURTY OF S341HOLE ) 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 an October 18 . 2011 , the Code Enforcement Board held a public hearing and issued its Order in the above styled matter. 2. That, pursuant to said Order, Respordrnt was to have taken certain corrective action by or before Nov.1 . 20-1-1--, 3. That a reinspection was performed an November 26 2012 4. That the reinspection revealed that the corrective action ordered by the Code Enforcement Board has been taken. Fi1RTM AFFIANP SAYETH NOT. �. DATED this 9 _ day of L C V . SPUW To and "bed before me this :: �day of AJ -04%d 20iZ, NOTARY IC - STATE OF FLORIDA My Commission Expires: WSPD 117 Rev 12 -11 -90 ,•�;......... TERRY t BAKER Notary Public - State of Florida "��: • E My Comm. Expires Jan 10. 2016 Commission N EE 158530 Bonded Through National Nor,•y Asan THE CITY OF WINTER SPRINGS, A Florida municipal corporation, Complainant, v CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 TELEPHONE: (407) 327 -1800 FACSIMILE: (407) 327 -4753 WESSITE: www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF W MR SPRINGS, FLORIDA Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Respondent, Case #11 -0025337 IhRVWE WFAE, MENK If CIRWIT MURT NK 07688 No 04M — 4211 i fts) CLERK'S 0 20 t 1 t 40297 i D 12/28/2011 01:25115 PM tE OI N IMO F18B IL50 Ern 113 BY J EdOW-0th(all) ORDER II"OSING 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 October 18, 2011 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. Findinu 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) 9 -374. No House Numbers of the City Code 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) 9 -374. No House Numbers of the City Code; 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 i MY Or ROM SPRDW, FLORIDA Cif EWUMSHM BOARD, Fstitianer, CGMAM NO.-. 11-0025337 Aucims:204 S. Moss Rd Winter Springs. FL 32708 V. Kenneth & Samantha Furboter `h►k tx %arAtin Respordant- Sj•M Cr naumA, ) ) S.S.% 9-374 CouRry or SDM=Z ) 81MM MR, the mursipnsd anrthority. perecnally oppear a Chrlstl Flannigan _ , Code Enepector for the City of winter Springs. +w, after balm duly swum, dapoees and says: 1. That on _October 18 2011 . the Code Aforceamt Board meld a public hearing and Seeued its Order 1n tba above styled setter. 2. 1lIat, pu wmnt to said Order, paspooduat was to have takm certain corrective action by or before November 1 0-2011 , 9- ThIkt a reirapscticn mw performed an Arum 1 202 2 4. Tat the minspection revealed that the Corrective action crdsrsd by the code Rnforcuu nt Board has been taima. F[>R78ER AFFZANr SAY= Wr. Ddf,Tfim this 12 day of December 20'13 , slaw 70 Is day en4 bs! ss th of e►C- Y i ��, . �! AM, _.P,a. \ir TEW T. IiAKE/i My Oamissian ftiras : furry P*k - ft ft 01 foft • W Comm. EMIM Jan t0, Nf$ Commi:aian 0 ff tSEw lOaab Thpoo NtlioW MWV AM VSPD 117 Rev 12 -11 -90 I�ININaitININ11NINgIN� INIINNIINNNIINI CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA City of Winter Springs Petitioner, v. Kenneth G. & Samantha Furboter 204 South Moss Road Winter Springs, FL 32708 Respondent. Complaint No. 07- 0014850 ORDER IMPOSING PENALTY/LIEN THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on October 16, 2007, after due notice to Respondent, at which the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued oral Order which was reduced to writing and furnished to Respondent. Said Order required Respondent to take certain corrective action by a certain time, as more specifically set forth in that Order. An Affidavit of Non - Compliance, bearing the date of October 22, 2007 has been filed with the Board by the Code Inspector, which Affidavit certifies under oath that the required corrective action was not taken as ordered. NAccordingly, it having been brought to the Board's attention that Respondent did not comply T ri� with Order dated October 21, 2007, it is hereby: n ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of c� $121.41 in reference to the property that exists at 204 South Moss Road in the City of Winter Springs Q described as: LEG LOT 11 BLOCK 1 NORTH ORLANDO TERRACE UNIT 1 SEC 1 PB 16 PAGE 63, OF SEMINOLE COUNTY > OWNED BY KENNETH G. & SAMANTHA F = uJ URBOTER 204 SOUTH MOSS ROAD, WINTER SPRINGS, FL 32708 This Order if recorded in the public records shall constitute a lien against the above described property and any other real or personal property of the Respondent, pursuant of Section 162.08 and Section 162.09 of the Florida Statutes. fo DONE AND ORDERED this ir day of �Q ic`�'1 , of u`C Seminole County, Florida. Code Enforcement Board of the City of Winter Springs, Florida A TEST• '• i _k rk (Deputy) �,: airman •2, , V C a ca C ` lot. Date ;a M } m .�.. CA z __. m �n v, in 00 0m w M x. -i a c' VA T 0 r M 0 G F.? j..; S. PAYMENT DATE City of Winter Springs BATCH NO. 09/04/2014 1126 E. State Road 434 2014 - 00001083 COLLECTION STATION Winter Springs, FL 32708 RECEIPT NO. UB Office 3 (CH- UB -UBS3) 2014 - 00003866 RECEIVED FROM CASHIER Angel R. Carrero Iris Freeman DESCRIPTION 204 South Moss Rd application to reduce lien DESCRIPTION RECEIPT Generic Payment Code 204 South Moss Rd application to reduce lien Payments: Type Detail Amount Check 194 $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 091041201410:04:02 AM NOTICE PURSUANT TO FLORIDA STATUTE 162.06(5) Dated: _, 2012 Month / Date To: City of Winter Springs Code Enforcement Bureau City Hall, 1126 East State Road 434 Winter Springs, Florida 32708 Please be advised, that in accordance with Florida Statute 162.06 (5) (d) the following notice is hereby served upon the City of Winter Springs, Code Enforcement Bureau in reference to case no. 07-0014850,11-0025337, 11-MS335,11-0025342,11-0025345 And 1141025350 FEDERAL NATIONAL MORTGAGE ASSOCIATION through SUNTRUST MORTGAGE, INC., acquired real property known as: 204 SOUTH MOSS RD, WINTER SPRINGS, FLORIDA 32708 Legal Description: Lot 11, Block 1, NORTH ORLANDO TERRACE SECTION 1 of UNIT 1, according to the Plat thereof as recorded in Plat Book 16, at Page 63, of the Public Records of Seminole County, Florida. Folio ID: 03- 21-30- 502 -0100 -01 to By means of a Certificate of Title recorded in OR Book 07848 Page 1572 of the Public Records of SEMINOLE COUNTY, FLORIDA. Seller, FEDERAL NATIONAL MORTGAGE ASSOCIATION hereby notifies: The City of Winter Springs, Code Enforcement Bureau that the seller has conveyed the afore- mentioned property to ANGEL R CARRERO and JACQUELINE CARRERO by a Special Warranty Deed. Seller has notified Purchaser that to the best if its knowledge and belief the following code compliance violations and/or liens (s) exist against the real property being conveyed: Code Enforcement Case No. 07- 001485% 11- 0025337,11- 0025335,11-0025342,11-0025345 And 11- 0025350 Seller, FEDERAL NATIONAL MORTGAGE ASSOCIATION hereby notifies the Purchaser that the real property known as 204 SOUTH MOSS RD, WINTER SPRINGS, FLORIDA 32708 is NOT in compliance. The purchaser hereby agrees and acknowledges that the property is being acquired in its "As Is" condition. And, Purchaser is solely responsible to bring the property into compliance in accordance with the Municipal Codes of The CITY OF WINTER SPRINGS, FLORIDA. The Purchaser acknowledges mailing address as 204 SOUTH MOSS RD, WINTER SPRINGS, FLORIDA 32708 FEDERAL NATIONAL MORTGAGE ASSOCIATION urchaser Print Purc D-. «� Seller: by it's agent Watson Title Insurance Agency, Inc. Print Name of Agent 1W ACKNOWLEDGMENT AS TO TITLE POLICY EXCEPTION DISCLOSURE/ HOLD HARMLESS / INDEMNIFICATION AGREEMENT PURCHASER(s) ANGEL R CARRERO and JACQUELINE CARRERO hereby Acknowledges that it has been advised that Title Policy as to Commitment No. 2012 -05429 is hereby Excepting on Schedule B — Section 11 coverage on the following: 1. Any loss of damage arising from the "ongoing violations" pertaining to code enforcement, Case No. 07- 00 14850 from the City of Winter Springs, Florida. 2. Any loss of damage arising from the "ongoing violations" pertaining to code enforcement, Case No. I I - 0025337 from the City of Winter Springs, Florida. 3. Any loss of damage arising from the "ongoing violations" pertaining to code enforcement, Case No. 11- 0025335 from the City of Winter Springs, Florida. 4. Any loss of damage arising from the "ongoing violations" pertaining to code enforcement, Case No. 11- 0025342 from the City of Winter Springs, Florida. 5. Any loss of damage arising from the "ongoing violations" pertaining to code enforcement, Case No. 11- 0025345 from the City of Winter Springs, Florida. 6. Any loss of damage arising from the "ongoing violations" pertaining to code enforcement, Case No. 11- 0025350 from the City of Winter Springs, Florida. Purchaser understands and agrees that such exception will affect the monetary amount of lien it will be responsible for to the municipality and as to the marketability of the future conveyance of the real property. ►INITIAi�� I�.- NOW THEREFORE, In consideration of the conveyance of the sale and issuance of title insurance on the real property located at, 204 SOUTH MOSS RD, WINTER SPRINGS, FLORIDA 32709 described as Lot 11, Block 1, NORTH ORLANDO TERRACE SECTION 1 of UNIT 1, according to the Plat thereof as recorded in Plat Book 16, at Page 63, of the Public Records of Seminole County, Florida. Parcel Folio #: 03- 21- 30-502 -0100 -0110 And for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ANGEL R CARRERO and JACQUELINE CARRERO (herein after known as PURCHASER) PURCHASER, on behalf of HIMSELF/HERSELF /THEMSELVES and HIS/HER/THEM successors and assigns acknowledges and agrees as follows: The Agreement of Sale between PURCHASER, and FEDERAL NATIONAL MORTGAGE ASSOCIATION (herein after known as seller). Specifically provides that the Buyer will take the property in "as -is" condition. In preparation of the transaction for closing of the sale of the above - described real property,"tlte Closing Agent, WATSON TITLE INSURANCE AGENCY, INC., became aware that the followingrissues exist concerning the subject property, and has provided the Buyer with such information together with copies of the documentation thereof that it received: "SEE ATTACHED" • Case No. NOII-09- 00003493 from the Village of Wellington, Florida. PURCHASER is aware and acknowledges that their maybe outstanding fines, penalties and liens for the above referenced cases that will not be paid by Seller or Closing Agent. Purchaser acknowledges and assumes ALL and FULL responsibility for all outstanding fines, penalties and liens. ► INITIAL PURCHASER specifically acknowledges and agrees that he has received a copy of the information received by WATSON TITLE INSURANCE AGENCY, INC., and that he is aware of the possibility of the existence of the pending actions by THE CITY OF WINTER SPRINGS, FLORIDA. PURCHASER agrees that he /they are purchasing the aforementioned real property subject to the code violation I of 2 WW and/or lien(s) of the municipality. Agrees to be fully responsible for any compliance and monetary issues relating to fines and /or penalties imposed by the municipality. PURCHASER acknowledges that he/they is /are aware that he /they may be responsible for charges, expenses and fees in connection with the above- described issue, and that he will be solely responsible therefor. PURCHASER is aware that the above - described property is not currently in compliance with the applicable codes. PURCHASER agrees to meet all conditions imposed by the Municipality that are required to ensure compliance with applicable code provisions. PURCHASER specifically agrees to HOLD HARMLESS WATSON TITLE INSURANCE AGENCY, INC. (Closing Agent), FIDELITY NATIONAL TITLE INSURANCE COMPANY (Underwriter), AND SELLER, its agents, attorneys, and/or assigns from any claims and demand of any persons arising out of any and all issues surrounding the future potential violation/lien to the Subject Property. And hold them harmless from any and all costs, damages, expenses, claims, or obligations of any nature arising from the above- described matter. It is specifically understood and acknowledged PURCHASER, that WATSON TITLE INSURANCE AGENCY, INC., UNDERWRITER, and SELLER assume and accept no responsibility or liability for any obligation, costs, damages, expenses, claims or other matters that have been assessed or may in the future be assessed or imposed in connection with this matter. PURCHASER specifically agrees to indemnify WATSON TITLE INSURANCE AGENCY, INC. (Closing Agent), UNDERWRITER and SELLER in the event that any claims of any nature whatsoever are made against them, or any of them, as a result of the foregoing action by THE CITY OF WINTER SPRINGS, FLORIDA. Appended hereto as Exhibit A and is a copy of the information obtained by WATSON TITLE INSURANCE AGENCY, INC., receipt of which is hereby acknowledged. (S) ANGEL R CARRERO PURC R (S) JACQUELINE CARRERO STATE OF tWRTo "C_ o COUNTY OF txak RD _ W- ,1-7530 The foregoing document was subscribed, sworn and acknowledged before me this 3 , day of pG 70 ry_;. qL __, 2012 by UA A personally knownam or who provided Me fol prepared by: Marshall Watson, Esquire WATSON TITLE INSURANCE, INC. 19oo W Cypress Creek Road Third Floor FT. LAUDERDALE, FL 33309 is/are lentification whQ4, I>hcauY ''7��, < (SEAL) : fR 1 44 d 4 Commission #: My commission expires: iS PER�� NeuT 2of2 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 4 OF 19 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS -NEW CASES 502.1 Code Enforcement Division — Police Department CASE #11- 0025335 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.4 Structural Members Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department submitted "WS I" as Evidence, the CD PowerPoint presentations of all Cases being heard at this meeting." Next, Inspector Flannigan provided Evidence "WS 2" and "WS 3" and "WS 4" to the Board and began her Testimony by stating, "This Violation was first observed on March 2nd, of 2011. The exterior walls are deteriorating and several areas of the wall near the roof appear to be unable to support their intended weight load. There has been no contact for the owner of Record. The Notice of Code Violation was mailed to the owner of Record on March 17 1h '(2011) which are the Furboter's. That was returned `unclaimed'. The Notice of Violation was mailed to Bank of America on April 29th, (2011). These were signed for by Nelson Hernandez on May 6th, (2011). Inspector Flannigan stated, "I have spoken to A and R Property Preservation (Services) who was hired by the Bank to take care of the property on several different occasions and mow the yard. Ron (Pulliam) who runs A and R Property Preservation (Services) advised that they were hired to do minimal repairs along with bids on destruction of the residence. On June 27th, (2011), I met with Ron (Pulliam) at the property. He requested the letter that is "WS 4" stating the issues noted with the property. At that time, he gave me - permission to enter into the property. Building Official Mike Scheraldi placarded the house as uninhabitable on September 20th, (2011). I have checked with the property routinely — it is still in Violation. There have been no corrective actions taken towards this Violation. Certified mail of the meeting tonight was mailed on October 4th, (2011). The Notice was also posted on the property. Bank of America representative Nelson Hernandez signed for the Notice on the 8th of October (2011). The letter to the Furboter's was returned as of this morning `unclaimed' first class and Certified." Photographs of the property in Violation were shown to those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 5 OF 19 Continuing, Inspector Flannigan suggested that "In regards to this case, I am requesting that it be given until November 1St, (2011) to correct the Violation and two hundred and fifty dollars ($250.00) a day be imposed for Non - Compliance. Inspector Flannigan then mentioned, "We are asking for Finding of Fact and Relief." Note: The Respondent was not present. Discussion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1sT, (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE #11- 0025337 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Sec. 9 -374. No House Numbers Date Of Service: October 4, 2011 Inspector — Christi Flannigan Chairperson Wood spoke about consolidating the Cases in regards to the same address. Continuing, Chairperson Wood was provided "WS 2 ", which is the green card where Bank of America signed for the Notice of Hearing and "WS 3 ", the Affidavit of Posting of the property and "WS 4 ", a letter to A and R Property Preservation and Bank of America listing the Violations. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 18, 2011 PAGE 6 OF 19 Inspector Flannigan remarked, "This Violation was first observed on March 2nd, (2011). There are no numbers on the front of the residence or what should be the mailbox. The Notice of Violation was mailed to the owner of Record on March 17th, (2011); it was returned unclaimed. The Notice of Violation was mailed to Bank of America on April 29th, (2011). They were signed for by Nelson Hernandez on May 6th, (2011). These Violations were also faxed to Bank of America on March 2nd, (2011). On several occasions, I spoke to A and R Property Preservation, also the same thing, they were hired and contracted to do some repairs on the house and he allowed entrance into the property. Mr. Mike Scheraldi placarded it as uninhabitable on September 20th, (2011). It is still in Violation; there still are no numbers on the residence. Certified mail — Code (Enforcement) Board Meeting was mailed on October 4th, (2011), the Notice was also mailed First Class (Mail) and has not been returned. Nelson Hernandez signed for the Notice for Bank of America on October 8th, (2011). Property was Posted with Notice of Hearing on October 3rd, (2011) by myself. Photographs of the property in Violation were shown to those in attendance. Inspector Flannigan remarked, "In regards to this Case, I am recommending that the owner be given until November 1St, (2011) to correct the Violation and a Fine of two hundred and fifty dollar ($250.00) a day be imposed — if found in Non - Compliance. We are asking for a Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1sT, (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 7 OF 19 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Division — Police Department CASE #11- 0025342 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.13 Broken Window Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Flannigan presented "WS 2 ", "WS 3" and "WS 4" to the Board and began her Testimony displaying photographs to those in attendance. Continuing with her presentation, Inspector Flannigan stated, "I am recommending that the owner be given until November I st, (2011) with a Fine of two [hundred] fifty ($250.00) a day and we are asking for Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1sT, (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 8 OF 19 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Division — Police Department CASE #11- 0025345 Kenneth And Samantha Furboter And Bank of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.7 Roof And Drainage Date Of Service: October 4, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", "WS 3" and "WS 4" as Evidence for this Case by Inspector Flannigan. Inspector Flannigan then began her Testimony and stated, "I am recommending that they be given until November I st, (2011) with a Fine of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance. We are asking for Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT KENNETH AND SAMANTHA FURBOTER AND BANK OF AMERICA IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1sT (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2011 PAGE 9 OF 19 PUBLIC HEARINGS -NEW CASES 502.5 Code Enforcement Division — Police Department CASE #11- 0025350 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.2 Exterior Wall (Coverings) Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Flannigan presented Evidence "WS 299, "WS 3" and "WS 4" and displayed photographs of the property in Violation to those in attendance. Inspector Flannigan explained, "I am recommending that the owner be given until November 1St, (2011) with a Fine of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance and we are asking for Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT KENNETH AND SAMANTHA FURBOTER AND BANK OF AMERICA IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1sT, (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 27, 2015 CALL TO ORDER The Regular Meeting of Tuesday, January 27, 2015 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher at 5:31 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, absent [Excused] Board Member Laurie Bates Calhoun, present Board Member Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, absent [Excused] Board Member Bill Poe, absent [Unexcused] Senior City Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet, present A moment of silence was held in honor of former Code Enforcement Board Member Jim Pitts, who recently passed away. The Pledge of Allegiance followed. In regards to Agenda Changes, Captain Chris Deisler, Code Enforcement Division, Police Department noted that PUBLIC HEARINGS — NEW CASES 6650099, "503 ", and REGULAR "705" would not be presented during this meeting. No objections were noted. Captain Deisler also noted the Respondents were in attendance for PUBLIC HEARINGS — NEW CASE "501" and REGULAR "706" and asked the Code Enforcement Board if they would be inclined to first hear these Cases. Likewise, no objections were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 2 OF 15 REGULAR AGENDA - PART I REGULAR 700. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Chairperson For Calendar Year 2015. As there were some Code Enforcement Board Members absent, Chairperson Fisher asked if the Agenda Items for Elections of Chairperson and Vice - Chairperson could be brought back at the next meeting. "I WOULD MAKE A MOTION TO MOVE IT TO THE FEBRUARY MEETING." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 701. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Vice - Chairperson For Calendar Year 2015. This Agenda Item was not discussed as previously noted. REGULAR 702. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The City Of Winter Springs Code Enforcement Board Policy And Procedures Manual For The Current Year With Any Amendments, As Applicable. Chairperson Fisher explained there were no substantive changes to the Code Enforcement Board Policy and Procedures Manual. He did point out that section VII. ORDER OF BUSINESS was edited to incorporate the changes from last year to reflect the current Code Enforcement Board proceedings. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 3 OF 15 "MOTION TO ADOPT IT AS STANDS." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. REGULAR 703. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The Sample Motions For The Current Year With Any Amendments, As Applicable. Chairperson Fisher noted there were no changes to the Code Enforcement Board Sample Motions and applauded the City Attorney's Office for having them available. "I MOVE THAT WE APPROVE THE SAMPLE MOTIONS." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. CHAIRPERSON FISHER ADDED, "LET ME REMIND BOARD MEMBERS THAT IT IS NOT NECESSARY, DURING THE COURSE OF THE MOTIONS, TO ACTUALLY NAME THE RESPONDENTS. SIMPLY USE THE TERM `RESPONDENT'." VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 4 OF 15 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The October 28, 2014 Code Enforcement Board Regular Meeting Minutes. "I MOVE TO APPROVE THE MINUTES FROM THE LAST MEETING." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS- CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 400. Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2014CE001932 William Horter 944 March Hare Court Winter Springs, Florida 32708 IPMC 304.6 Exterior Walls. IPMC 304.9 Overhang Extensions. Date Of Service: December 9, 2014 Inspector: Christi Flannigan This Case was not presented. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 5 OF 15 PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2014CE002245 Angelo Sanchez And Raquel Tavares 221 North P Street Winter Springs, Florida 32708 IPMC 108.1.1 Unsafe Structures. Date Of Service: December 2, 2014 Inspector: Chris Deisler Captain Deisler presented this Case and submitted into Evidence, "'WS-l', which will be the CD (Compact Disc) of the presentations tonight; 'WS-2' is the Affidavit of Posting for this Hearing; 'WS-3' is my Certified Mailing for this Hearing." In addition, Captain Deisler noted that Mr. Jay Abel, Building Inspector, Building Department and the Respondent were in attendance. Continuing with the presentation, Captain Deisler testified, "Originally this Case came to my attention back in August of last year. This home has an existing carport structure — it is in a rundown condition, which poses a hazard to the occupants or anyone who maybe nearby. There are several areas where the wood is rotting. The doors and the walls of the structure are inadequate to support it during times of storms and wind. That was based upon conversations that I had with the renter who lives there. Mr. Abel, our Building Inspector, was contacted by the owner about June 26, 2014. He was asked to further inspect the structure, based upon his professional qualifications. He replied to me that the structure was a danger and that it needed to be fixed or removed." Photographs were shown from "WS -1 ", with further comments. Mr. Abel addressed the Code Enforcement Board and testified, "Captain Deisler asked me to go there and take a look at the structure, which I did. It needs to be either repaired or taken down. I instructed in my Notice that a permit would be required to either (repair) or (remove). I went back out there and met Mr. Sanchez. It was mid - September and I asked him if he was going to repair or get permits or demolish it. He said he wasn't sure yet. At that time, I said I would turn it over to Code Enforcement if it doesn't get rectified. Basically it does have wood rot all the way around it. It does need to either be taken down or repaired." Next Captain Deisler explained that he had also met with Mr. Sanchez in September 2014, gave him additional time to obtain Permits, and additional time to correct the Violation. Since that time, Captain Deisler said he has had no other contact with the Respondent. Further comments. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 6 OF 15 Lastly, Captain Deisler stated, "I am recommending that he be provided two (2) weeks to secure proper Permits, conduct adequate repairs on the carport, and show considerable progress toward repairs to remedy the structural issues. Should he fail to comply, I am requesting that you authorize demolition of said structure at cost that will be put back on the property in the form of a Lien." Mr. Angelo Sanchez, 100 Lisa Loop, Winter Springs, Florida: provided a letter from the company "Builders & Renovators ", which was entered into the Record as Exhibit "R -1". Since there was only one (1) copy, Chairperson Fisher read the letter aloud to the other Code Enforcement Board Members. Board Member Matthew Criswell mentioned that the letter was from a Building Contractor, not a General Contractor and asked Captain Deisler, "You had said earlier that you wanted to have a letter from a Structural Engineer or Professional Engineer ?" Captain Deisler responded, "Correct, Sir. You are going right down the road that I would like Mr. Abel to speak to." Mr. Abel added, "A General Contractor will not certify it because they are not a licensed Engineer. As you will probably see by the letter, I didn't see a stamp or raised seal on that letter. That is what a licensed, Structural Engineer would need to provide." Chairperson Fisher also pointed out there was no signature on the letter provided by "Builders & Renovators ". Likewise, Mr. Abel added that the letter would not be acceptable without a signature. Next, Captain Deisler submitted into Evidence "'WS-4', which are the Notices that were issued by the Building Division with regard to this. It clearly states in the Notices that were issued to Mr. Sanchez, that a licensed Structural Engineer provide said letter." Discussion. Board Member Carole Giltz noted that the City gave Mr. Sanchez the option of repairing the structure or demolishing the structure and asked if he is considering either option. Mr. Sanchez replied, "Not at this moment. I thought it was safe." In turn, Board Member Criswell inquired, "You do carry liability insurance on that property ?" Mr. Sanchez confirmed that he did. Much discussion ensued on possible Motions, Staff's recommendation, timeframes for pulling Permits, and that a Notice of Intent to Remedy was indeed sent to Mr. Sanchez in December 2014. Next, Captain Deisler submitted into Evidence "WS -5 ", which was the Notice of Intent to Remedy. The Notice was previously provided to the Code Enforcement Board in the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 7 OF 15 "I WOULD MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND RESPONDENT BE GIVEN UNTIL FEBRUARY 10TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, THEN WE WOULD RENDER SECTION 13 -4. PROCEDURES IN ACCORDANCE WITH ANY COST OR EXPENSES, AS A FINE." MOTION BY BOARD MEMBER CRISWELL. SENIOR ATTORNEY KOPP INQUIRED, "IS THERE A FINE OR NO FINE WITH RESPECT TO JUST THE VIOLATION ?" BOARD MEMBER CRISWELL REPLIED, "NO FINE. IT WOULD BE A LIEN." CHAIRPERSON FISHER REITERATED, "AT THIS POINT THERE WOULD BE NO FINE. HOWEVER, IT WOULD BE IN ADDITION TO THE FINDING OF VIOLATION. SECTION 13 -4. WILL APPLY AND THE COST OR EXPENSE OF ANY CONSEQUENCES OF THAT ACTION WILL BE APPLIED AS A LIEN ON THE PROPERTY." IN TURN, SENIOR ATTORNEY KOPP CLARIFIED, "YOU WANT TO FIND THE PROPERTY IN VIOLATION OF IPMC 108.1.1 WITH NO FINES AND IF THE PROPERTY DOES NOT COME INTO COMPLIANCE BY FEBRUARY 10TH, THEN YOU ARE AUTHORIZING STAFF TO ACT UNDER SECTION 13- 4. TO ABATE THE NUISANCE AND THE COST OF REPAIR OR REMOVAL OF THE DANGEROUS CONDITION WILL BE A LIEN ON THE PROPERTY, PURSUANT TO (SECTION) 13 -4. ?" BOARD MEMBER CRISWELL ANSWERED, "CORRECT." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CAPTIAN DEISLER ADDED THAT HE WAS CONCERNED THAT THE RESPONDENT WOULD SIMPLY PULL A PERMIT AND TAKE NO FURTHER ACTION IN ORDER TO AVOID ADDRESSING THE VIOLATION. DISCUSSION ENSUED ON TIMEFRAMES FOR PULLING PERMITS. Tape 1 /Side B SENIOR ATTORNEY KOPP ADDED, "THIS IS JUST A SUGGESTION, BUT YOU MAY WANT TO CONSIDER A LONGER TIMEFRAME THAN FOURTEEN (14) DAYS. MAKE THE ISSUE A COMPLETE COMPLIANCE. EITHER IT IS REPAIRED OR IT'S DEMOLISHED TO THE SATISFACTION OF CODE ENFORCEMENT. I DON'T KNOW WHAT A REASONABLE TIME IS. THAT IS FOR YOU TO DECIDE. YOU MAY WANT TO MAKE IT A COMPLETE COMPLIANCE BY A SPECIFIED DATE, AS SOMETHING TO CONSIDER." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 8 OF 15 DISCUSSION ENSUED ON THE ALLOWABLE TIMEFRAME TO REPAIR THE VIOLATION. BOARD MEMBER CRISWELL SAID, "I THINK THIRTY (30) DAYS FOR SOMETHING LIKE THIS IS ENOUGH. MR. ABEL, DO YOU AGREE?" MR. ABEL NODDED IN AGREEMENT. BOARD MEMBER CRISWELL ASKED IF AN AMENDMENT NEEDED TO BE MADE TO HIS ORIGINAL MOTION. SENIOR ATTORNEY KOPP NOTED, "SO, IT IS THIRTY (30) DAYS?" BOARD MEMBER CRISWELL REMARKED, "YES. FINAL INSPECTION — THIRTY (30) DAYS — BY THE CITY." SENIOR ATTORNEY KOPP CLARIFIED, "IF IT IS NOT REPAIRED OR DEMOLISHED WITHIN THAT THIRTY (30) DAY PERIOD, THEN THE CITY STAFF IS AUTHORIZED WITHOUT FURTHER HEARINGS TO REPAIR OR DEMOLISH THE STRUCTURE; AND THE COST OF THAT WORK WILL BE A LIEN, PURSUANT TO (CITY ORDINANCES SECTION) 13 -4. ?" BOARD MEMBER CRISWELL STATED, "CORRECT". VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ++ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ++ REGULAR AGENDA - PART II REGULAR 706. Code Enforcement Division — Police Department CASE #12- 0028385 Federal National Mortgage Association 1637 Tiverton Street Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: February 26, 2013 Inspector: Christi Flannigan This next Case was presented by Captain Deisler who gave a brief history of the property. Photographs were shown from "WS -1 ", with further comments. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 9 OF 15 Continuing, Captain Deisler said, "The Applicants, seated here, had a pending contract to buy the home or it is still pending and intend to make it their residential homestead, which is probably the top tier of where we want to go with these properties. Get people in them who want to homestead. The Violations were brought into Compliance by the bank some time ago and the house has been maintained accordingly since. Since this home will be the homestead of the Applicant, and the contract is now apparently concluded, our recommendation is going to be a reduction in total amount owed to the City of nine hundred and fifty dollars ($950.00)." Mrs. Kelly Mullins, 220 Heatherbrooke Circle, Oviedo, Florida: stated, "We just closed on the home yesterday. We purchased this home from Fannie Mae. Immediately we got an inspection on the home to find out if there was anything wrong with it. We purchased an appraisal on the home, we had a mold inspection done on the home, got to the point of closing and two (2) weeks ago were notified by the Title Company there was a Lien on the property of a hundred and fifty three thousand dollars ($153,000.00). We already had spent a thousand dollars ($1,000.00) on this home. We have been looking for a home for over four (4) months." Mrs. Mullins also mentioned in the past they had owned homes in Geneva, Oviedo and would like to stay in the area. "I MOVE TO RECOMMEND THAT THE CITY REDUCE THEIR LIEN FOR THIS PROPERTY TO NINE HUNDRED FIFTY DOLLARS ($950.00), WHICH WILL COVER SOME OF THE EXPENSES THE CITY HAS SPENT ON THIS PROPERTY." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ei + AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 10 OF 15 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2014CE003031 Jean And Chea Belfort 921 Puma Trail Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: December 1, 2014 Inspector: Chris Deisler In presenting this Case, Captain Deisler submitted into Evidence, "'WS-2', the Affidavit of Posting for the Hearing and 'WS-3' the Certified Mail Receipt." Next, Captain Deisler testified, "This complaint was generated by the next door neighbor — he invited me to his home to let me look at the condition of the fence of the neighboring home. At this point what he was dealing with was a couple sections of fence that had fallen. There were also exposed, rusty nails. I met with him on November 7th (2014) and verified the complaint. The home is a rental property. The owners of Record do reside in Virginia. The Notice of Code Violation was mailed to them on November 7th, 2014. It was never picked up by the addressee. There was no contact from the owners or work done to the fence." Photographs were shown from "WS -1 ", with further comments. Lastly, Captain Deisler stated, "As of the 27th of January of this year, I had information that the owner had received a quote for a new fence to be installed on February 27th, I have actually been in contact with the Property Manager for this home. She actually has been very responsive, even as recently as today. Hopefully this fence will be installed prior to the Non - Compliance Hearing scheduled for next month." Staff recommendation was to allow the owner until February 27th, 2015 to correct the Violation. If not corrected, a Fine OF two hundred and fifty dollars ($250.00) would be imposed per day until the Violation comes into Compliance. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 11 OF 15 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL FEBRUARY 27TH, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) — FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. Captain Deisler requested REGULAR "704" be heard next to be able to conclude his presentations for this meeting. No objections were noted. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ++ REGULAR AGENDA - PART II REGULAR 704. Code Enforcement Division — Police Department CASE #11- 0025345 Angel And Jacqueline Carrero 204 South Moss Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: October 4, 2011 Inspector: Christi Flannigan Captain Deisler presented the Case and stated, "This is a Lien Reduction request by the current owners of this home, Mr. and Mrs. Carrero. The Carreros are residents of Puerto Rico and I do not believe that they are going to have any representation here. This home had several issues dating back to 2011." Continuing, Captain Deisler then covered an assortment of Violations that had come before the Code Enforcement Board over the previous years. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 12 OF 15 Continuing with his testimony, Captain Deisler said, "The Carreros took possession of this property on or about the 26th of October 2012, `As -Is.' Where the problem lies is they're claiming that they were not told in the Title work that there was a Lien that amassed over three hundred thousand dollars ($300,000.00) on this home, which is probably at my best estimate valued maybe at sixty [thousand dollars] ($60,000.00). So, they bought it, rehabbed it, got it all fixed, and have since made it a rental home. It hasn't caused us a problem since. However, now they want to sell it and are finding that their `As -Is' condition includes this Lien." Further comments. Concluding his presentation, Captain Deisler said, "We are going to request the recommendation of a standard ten percent (10 %) reduction, which will bring a total owed to the City of thirty -two thousand seven hundred and fifteen dollars ($32,715.00)." Much discussion ensued on unknown total costs incurred by the City, how the property may have been purchased by the owners without knowledge of the outstanding Lien, treating these Lien Reduction Request Cases individually, and what a fair price would be if a reduction was granted. Note: The Applicant was not present. "I WOULD MOVE TO RECOMMEND THE CITY COMMISSION REDUCE THE LIEN TO TEN THOUSAND DOLLARS ($10,000.00)." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. .5... AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 13 OF 15 PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2014CE002136 Bismark And Colleen Wheatley 223 Shore Road Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. Sec. 13 -2. (e) Stagnant Pool IPMC 302.7 Accessory Structures. IPMC 303.2 Enclosures. IPMC 304.9 Overhang Extensions. IPMC 304.11 Chimneys And Towers. IPMC 303.2 Enclosures. Date Of Service: December 19, 2014 Inspector: Terri Guerra This Case was pulled from the Agenda. ++++ ++++ AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. +V+ PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 12- 0028217 King And Sindy Smith 130 East Bahama Road Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris Date Of Service: December 9, 2014 Original Hearing: February 26, 2013 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "'WS-2' is the Return Certified Mail for tonight's Code Board (Hearing) and 'WS-3', which is the Affidavit of Posting for Code Board at the property for 130 (East) Bahama (Road) and here at City Hall." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 14 OF 15 Continuing, Corporal Flannigan testified, "On September 18th, 2014 I noticed junk and debris and an overgrown yard. There has been no contact with the owner since April of 2013 when he requested more time to complete the cleanup. He was cleaning up and his son was working on it as well. On January 25th, 2015 we had Officer Williams go out to the house over the weekend. He advised us that there were people on the property doing some cleanup work. They were in the process of moving out of the house. With their permission, he was able to take pictures while on the property. United States Postal Service website shows the Order of the Board delivered on March 14, 2013 from the original Hearing. Notice of Code Board was mailed on December 9th 2014 and Posted on the property and City Hall the same day. The Notice was returned `Unclaimed' the United States Postal Service." Photographs were shown from "WS -1 ", with further comments. Concluding his presentation, Corporal Flannigan said, "I am recommending the original Order of the Board be entered as a Lien." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. ++ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ++ CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 15 OF 15 REGULAR AGENDA - PART II REGULAR 705. Code Enforcement Division — Police Department CASE #13- 0029228 JP Morgan Chase Bank 629 Alton Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: September 24, 2013 Inspector: Christi Flannigan This Case was not heard. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 7:00 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 1 2015 Code Enforcement Board Regular Meeting.