The URL can be used to link to this page

Home My WebLink About2015 02 23 Regular 600 Lien Reduction Request - 204 South Moss Road COMMISSION AGENDA Informational Consent ITEM 600 Public Hearin s g Regular X February 23, 2015 KS RS Regular Meeting City Manager Department REQUEST: 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 subj ect 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 properry. 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 600 PAGE 1 OF 4- February 23,2015 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 7acqueline 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 600 PAGE 2 OF 4- February 23,2015 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, subj ect 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 applicant submit a check made payable to the City of Winter Springs in the amount of$36.06 to cover the amount of the outstanding utility bill. 5. The property continue to remain code compliant through any pending sale. Regular 600 PAGE 3 OF 4- February 23,2015 A- Lien Reduction Application Package and Code Board Agenda Package B - Code Enforcement Board minutes of January 27, 2015 Regular 600 PAGE 4 OF 4- February 23,2015 ATTACHMENT A CODE ENFORCEMENT BOARD AGENDA Informational ITEM 704 Consent Public Hearings Regular X Januarv Regular Meeting REQUEST: The Code Enforcement Board is requested to review this Agenda Item. CITY OF�VINTEB,t�PRIN(�t� 1 126 East State Road 434 Winter Springs, Florida 32708 Phone:407-327-1800 Ext: 304 �1°'�"�� www.winterspringsfl.org Application For PETITION FOR REDUCTION OR RELEASE OF CODE ENfORCEMENT LIEN (ase Number: Date Application Received: Received By: I 1 - ��2S��IS Date lien Payment Received: lien Payment Amount: Received By: Date Brou ht Into Compliance: (ompliance Verified By: 11 -�CL- 1 Z C ,�l..a�l c�l ��,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 ond all opplication criteria have been met. You are required to Rend the Procedure for Lien Reduction or Release attached to this application prior to submitting your petition. 1. CONTACT INFORMATION: App'ant's Name: � l , ��O��1� �t'r� �� ° l� ��.,-- Represen ' e's Nome: Mail'ng Address: � � G� � r� al a �� G�� a- Lity State: r� 1ip: � � � � v� 7� Phone: E-Mail: � � - �lc�r-� ��I�- J Q°� e�� 2. LIEN INFORMATION: lien Address: Parcel ID#: ' D �f I l� c� �n� �` Nas the Applicant previously applied for lien reduction for this property? YES NO_� If Yes,When? Owner of Lien Address when lien was ploced: �<�'nn � I�� T-Lf✓' v �l' �G}� D� C r L �.. Current owner of Lien Address: Current owner's relationship or offiliation with entity/person named in the lien: /1�D�� Other property located in the City of Winter Springs belonging to the current owner: /��U�� Page 1 Petitio�for Reductlon or Release of Code Enforcement Lfen Rev.10-2&13 3. REQUEST: i i � � � ; � � , i � , � � : � � i ' ' � � i � e i s,�?,�s �. y� s�7, ��7. y�" s Please attach a copy of the Order imposing a lien upon the property(must be included for your application to be considered) 4. PLEASE STATE THE REASONS, IF ANY,COMPLIANCE WAS NOT OBTAINED PRIOR TO THE RECORDING OF THE ORDER IMPOSING THE FINE: (attach additional sheets if necessary) ,C !�I/1 Cfi�d'f � ' ) , U7'1 C� / .�� 't�/� � {? � .Z�c/�/L,C— ��/�'� .��_ .•C��l�L2_ � l� � �.� �� r1G�,C,�� G� �- � � o � � : v� �a.�a� ,�.v� . � �f �( / � �I I 70 � ' v G�� c,� L�.�e�G�. � Y�C.� .W�. �'L2 G� .�1�. ,Gt.� (� �� v ` ��. � �- �� ,-, �.,� ��" '` �Gr� �-��x/�� co [.rn c�,r� � �- � � � � �' �� a� �� C'J(. L-.n C,v�'1�� [•LN'1 • C{ /l ` l!� t�- . � � t��- fi � �. � � �.-�� _ � .,� � i1:� v» � /� , ,z � . Qr�. 5. PLEASE STATE ANY FACTS THAT SHOULD BE CONSIDERED IN SUPPORT OF YOUR PETIT FOR CODE ENFORCEMENT LIEN REDUCTION OR RELEASE:(attach additional sheets if necessary) �- Q� '11L(iL� !i'e� G'v� o � I�C..�- U 7�,,�, �l!/Ii:� � a � d D�unir�� ;1 `��- D� r�r�� .C.i� �'Y� 7�l c�G� r�✓ _ 7`1,� ��J�7 U G� �O��l�i-�d7 Gk GC� T/'� l� 3 C b e�.n� �v�► ;,i a a,� ��, � mt �G o �'�� y, rGe �..e. l� G�o"� `U " �oi� ..�-+JG�L; � . ,� �' � � G?/1 � G � C�f� � �" � Gt-v� d/1J '1 D� ' r7 ` �iy t i�GL .fi�.� � �2Q t .e�vv� �2 n a�- �(�u-� �?.� G�(Y� l�l� � CD��c� � Page 2 Petition for Reduction or Release of Code Enforcement Lien Rev.1428-13 C n 'n ed � �• �� '� ' r�2ls�.� �G� G��G� � 0/J � � � 6�� %� , -� V/ I � • /` n f 7� m GY� GC�Uf ' LI� � / n �� a n G�4� � ll?� ( C o� ve �� : ? �..� � 3.3� �°-�- � � � . Under the penalty of perjury,the undersigned(s): ❖ Swears or offirms 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-�P �nb-e,r�' ,20�,�—�..who is personally known to me or has�have produced satisfactory photo identification. Type of Photo Identification: �bY��iZY`�+ L1 C2�� kYlovJYl �-e.�(50 V1C1�-�l�l P� �� P l0�o Lo�v�r� �. �o�-�-� ignature of Notary Public Printed Name of Notary Notary Stamp S��Y,•9F.'LS ��G� ' " MY CWuM11SSI0N t EE 879535 s�' �is EXPIRES'MerCh 3,2017 ''�'rl,�j f,(�. Bondsd Tlru NoWy PuWb UndewdMn 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 releose a lien or fine according to the procedure established in Ordinonce Sec. 2-61-5. A person or entity requesting a �eduction 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 ihrough the Code Enforcement Department that the violation has been brought into compliance. Next, the (ommunity 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 ihe applicntion 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 Enfortement Board sholl recommend to the fity 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: o. The gravity of the violatian; 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 hordship; 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 Develapment Director shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled City Commission meeting.The City(ommission may take oction solely based upon the sworn applicotion and recommendation of the Code Enforcement Board, and information provided by the violator in regard to the application for satisfaction or release of lien; (9)The(ity Commission may approve,approve with conditions,or deny the application to sotisfy 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 sotisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the (ommission 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 outomatic denial af the application for sotisfaction 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 (ien may only be satisfied and released upon full payment of the fine or penolty imposed in accordance with this chapter. (Ord.No.2001-61,�2,1-14-02) Checklist: ❑ APPLICATION COMPLETED IN ITS ENTIRETY ❑ APPLICATION PROPERLY NOTARIZED ❑ VERIFI(ATION MADE OF NO ACTIVE(ODE CASES AT LIEN ADDRESS ❑ COPY OF IIEN 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 fOIP Off/CE USE ONL Y 1. CASE INFORMATION Code Enforcement Case# Description of[ode Violations: Date found in Violation by Code Enforcement: Date Ordered by the Code Enforcement Board to Come into Compliance: Date property was found in compliance by Code Enforcement: 2. CHARGES: Description Amount Total Original Lien Amount $ $ $ $ $ $ $ $ Code Enforcement Fees $ $ $ $ $ $ $ $ $ $ $ $ TOTAL LIEN AMOUNT: $ S Page 5 Petkion for Reduction or Release of Code Enforcement Lien Rev.10-28-13 City of Winter Springs 1126 E. Siate 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: - � � � s , � . �a.r; €� y� Y�S, 3,l��.i��y;` t i 3t��4 x;"'* � a �'� ��t s �d Yx � ,�',ke �a �,�� r -'� � �t , � �w ��r € �� a, n� ��i�t��. �� ,� � �� 3t� ,� `�c ,� .s,�m �� r� a E �� :��'' `��, � �'i� °��* `� � �,� �„�;.��"��'� � ;� �{.,h. [ �' }' �z '"�'*�`�'"s�� i ,v�� .�5 i�..r� � # �'� � 24�.��` ��'. � y�i•''z`�'��ffi��rk��r. *�, w R �. e ;.„F <� E �.. �a. �a�`��S y.n�s �' �t�,xf�i�;�P�i.� �.#�,�'c�''�`�^{t� -.r�.. � n - �. �� .r ,�5.� �.s'�� :�� ._ �'�� ?"� °,, ,a;�; � '�.�?¥ '�'r`��;,s a' �, , t sa "t ,� :'�»�'"� z . ;,� u��'n'9 p� �."�t � Y�''�r�.s.�*�� ° 'y s ;i e ,3 [�' d £� �s 5 12: i �, .agt a,3��o-�F��!.&�.:&� °.?.� ,� a.,�i�.sa ^'a"'��.�;d.�� f 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. � 'a:�.�,�u��r. � � � �� 7: ��: . �, v 4 i+�:. Real Estate Taxes and Assessments �� " # ��yw see email attached Utilities - Past Due Balance * ��'� , � `. � , . � � � � Utilities-Current Balance A/C �t -�� *��'�.'� �i R� ��~� ��9 � � � ��- �� . Code Violation/ Liens � � � �.�, � See attached � ��= � � �,- Community Development Permits/Licenses ��r��`.,`� �� Total $327,157.47 * 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- f27 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: $ 327,121.41 ��tsiElt S � � t N C1TY O� WINTER SPRINGS� FLORIDA � �,�1� 1126 EAST STATE ROAD 434 WINTER SPRINGS,FLORIDA 32T08-2799 •��R`pp; TELEPHONE:(407)32T-1800 FACSIMILE: (407)32T-4753 WEBSITE:www.winterspringsfl.org CODE ENFORCEMENT BOARD CITY OF WlNTER SPRINGS,FLORIDA THE CITY OF WIl�TTER SPRINGS, Case#11-0025345 A Florida muaicipal corporation, MARYAME M�i9F� Ct.EI� ff CiilallT C�NtT Com�lainant, �� y BK Or/68B Pys Ow26 — �27; t2qs) v. CLERK•S 1� �l t 14ty3t7►b � !?J?9I?1Di 1 0!�'e.5s i� EMI Kenneth Aad Saznantha Furbot�r And Bank Of America � q�,�ppipg � �,Sp 204 South Moss Road � BV � Ecitenrothlsll) Winter Springs�Florida 32708 Respondent, / ORDER IlVIPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration� aft�r being duly noticed, before the Code Enforcemcnt Board of the City of Winter Springs,Florida,on October 18,2011 to determine whether any vioIations of thc City of Winter Springs Code of Ordinsnces ("City Code") exist or existcd on the Prop�rty. The Board, having hoard the argumcnts of tho parties and the evidence and testimony presentui, and having reviewed the record and being otherwise fully advisod, the following Findings of Fact and Conclusions of Law are ineorporatcd into this Order as set forth horein. Fin��9f Fact and Conclasions of Law Based upon the evidence and testimony presented at this hearing,the Code Enforcement Board 5nds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-54 of the Ciry Code and consisteat with sections 162.06 and 162.12,Florida Statutes; 2. That a violation of Secdon(s) IPMC 304.7. Roof and Drainage, as Adopted by S�ction 6-300 of the City Code exist(s) or existed upon the Propariy and that Respondent was fiuther provided a reasonable time to correct said violation(s); 3. That Raspondent either failed or refused to correct such violation(s) within the reasonable time period providod in the Notice of Violation; that the Respondent was pmvided notice of hoaring before the Code Enforcement Board and was not present at the hearing; 4. That bssed on the tostimony and evidenc�presented,R�spondent has violatod the City Code,to wi�IPMC 304.7 Roof and Dr.�ina.ge,as Adopted by Sectioa 6-300 of the City Cod�; 5. That said violation(s) w�ist(s) or existed within th� City of Winter Springs and that such constitut.�(s) violation(s)of the City of Wiater Springs Code of Ordinances. �„�yp�p l,p.: 11-0025345 ciz�r a�+ wn�n� �, 8c,oa�r�n Anna�ss:204 S.Moss Rd. oo�E �a++o�' Ecnrm. Winter Sprin�s,FL 32708 Petitioner, v. Respocdeat. Samantha 8�Kenneth Furboter � A�FiW►vIT �' Cq�'LIAI� wITH oE�BR Oi� WINIFR SpRi�NGS 0� ffi�'i�1�1T BOARD STATE 03+ FiAiRIDA ) � ��`� , S.S.:��r�G 3oy. � � � � � � , BF.FORS N�, the tiu�darelQned a�uthority, PersossallY appeore�! Christi Flannigan , �de Inepector tor the City of Winter Sprinps, whc, after beinQ duly sworn, depos�es acd sayB: i. That cn OCtober 18 . Zp 11 . the Code Fsstoraea�nt 8oard held a public h�earir�Q and iasued its Gader in the above stylad matter. 2. That. pursuent to said Osder. Respo�derit was to ht�v�e taloen oertain corractive acticn by o� before Nov.1 , Zp 11 , � 3. That a reir�spectian was pertosmed on �ovember 26 . 2�12 . 4. That the reir►spectio¢i revealed that ttre corrective actSon ordered by the Code F�foroement 8aard hes bee� taloen. FT�t1�R AFFIANr SAYETli NOT. . L1ATID this �_day ot n t,� . 20�O� � �� ssp�,tvre o1' c,oae-I�spector BW�J TD and eubscribed bslore me this '.�11� day ot ��v 2Q1�'- ,.��;�p%., TERR�L HAKER �j j �'��Y �4t�: NWuy Public•Shte ol Florida �NOTARY IC - 3TATE OF Z.; �'� •��y Comm.Expfna J�n 10,Y016 . ( g�,�p,A :"��= Commi�sion N EE 158530 �•.F•,�r�;�•�*• Bonded Throuph N�ion�l NoUry Assn. .�� My Oomniseiozi Fsq�ires: WSPD 117 Rev 12-11-90 .N�►'i'�s o` '�, � ,, � CITY OF WINTER SPRINGS, FLORIDA u y � t�u�Pa19� 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL�RIDA 327D6-2799 � '��R�pp► TELEPHONE:(407)327-1800 FACSIMILE: (407)327-4753 WEBSITE:www.winterapringsfl.org CODE ENFORCEMENT BOARD CTTY OF WII�TTER SPRINGS,FLORIDA THE CTTY OF WIIJTER SPR.INGS, Case#11-0025342 A Florida municipal corporation, Complainant, � � a� t� Clfidllt CQ�lT BK 07688 f� 0�124 — �f; �2p�s1 °' CLERK�S � 2q L 1 t�'"99 � !2/26/a011 Ois?.S=is PM Kenneth And Samantha Furboter And Bank Of America �pi� �g 1A�.34 204 South Mose Road �ED BY J Ecice�wthtalll Winter Springs,Florida 32708 Respondcnt, / ORDER IIVIPOSING PENALTY ON F1RST VIOI.A.TION 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 d�termine whether any violations of the City of Wintcr Springs Code of Ordinances ("Ciiy Code") exist or existed on the Property. The Board, having heard the argurnents of the parti�s and the evidence and testimony prescnted, and having reviowod the rccord and being otherwise fully advisod, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth her�in. Fyndines of Fact and Conclusions of Law • Basad upon the evidence and testimony presented at this hearing,the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation ia 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 aad that Respondent was fuither provided a reasonable time to correct said violation(s); 3. That R�spondont either failed or refused to cozrect such violation(s) withia the nesonable time period provid�d in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Boerd aad was not prasent at the hearing; 4. That basad on the tcstimony and evid�ace presented,Raspontient has violated the City Code,to wir IPMC 304.13 Broken Window�as Adoptad by S�ction 6-300 of the City Code; 5. That said violation(s) exist(s) or �xisted within the City of Winter Springs and that such constitute(s) violation(s)of tbe City of Winter Springs Code of Ordinances. �,�,� �,p.:11-Od2342 Cl2Y t� W�tT� SFRII�S, pl+�tlAl1 11C�ilSS:204 S.Mose Rd OOC�� Et�'�'P P(�A�� WiMer Springe,FL 32T08 Prtitic¢ier, v. Kenneth 8 Samanthe Furboier k � ��r�Cjp�, RM�otd�r►t. / AY8Ifl11VxT QD' i1�LIAT�'a ifl�t dIG�! STI1T6 � lTARml1 ) ) s.s.: 304,13 OO�AiTlt f� �a ) . . e�aed �, rh. u�,a.:,s�,�a .�cricy. �r.o�iy .�eer.a crxlsd Flsnniflan . .�� p� �tor tor the City ot wiritar &�'�iP. +�o. after l�einQ lkilp wwz�n� d�poNS ar�d ayt= 2. i4�at on October 18, . Zp11 . th,e Cads �toe,a�snnt gourd l�id a P�ic twarinp ard 3��d its Ond�r in t3�s aba+� rtyl�d matb�r. 2. 1!lat, P��t t0 �RiQ O1dQ'� �p0�l�1t MM t0 �1�vr tvo�i Lles'b1T1 aori+cti�e action by ar bstso� November 1 . 20�1 • . 9. Tl�at a reir,�satian Ms perlonm�d an�9 �p12 a. Tt�st tt,e reinspectian rs�salea tt�tt t2,e c�oxs�ctive actiar► ardered by the �ode ltr�forr+�ment 8o�rd h�s b�a► t�lo��, YR�1l�! 1►�lT11M' S11Yt'lit I�Dr!'. a�►x� this 1 Z eryr ot December ,-_ 20�3 • .. tut. o! oocLr �,�p.ot �!!i 3�0 and wl�,tib�d 1�t r t3iis /��y of �84.'. , DIOTARY P'f� - STATE Q� ` . ■AORIYN► �EARY T.�� t�l O�fosion ikpirss: � Not�Y P�-Stua of FFerid� ' �Y Comm.Fxpky��n/0.?016 Con�misdon I EE 15Ab�0 �«��"� tpndN Zbn uph N1Npiql NOqry�. WSPD 117 R�v 12-11-90 . �� s � 3 � N CITY OF WINTER SPRINGS, FLORIDA ' ��9 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2798 �CoRIDp' TELEPHONE: (407)327-1800 FACSIMILE: {407)327-4753 WEBSITE:www.wintersprinpsfl.org CODE ENFORCEMENT BOARD CTTY OF WIIVTER SPRINGS,FLORIDA THE C1TY OF WII1'TER SPRINGS, Case#11-0025335 A Florida municipal corporation, C°mplau�ant, �71iMaF � t�.Eai ff CltlpllT CpRf BK 0768B Aqi 0�'2 — �23; i2p�s) �' CLERK"S � 2't)i l l 4�'�'98 �D 12/2A/8011 01s?SsiS PN Kennoth And Samantha Furboter And Bank Of America �11��FEF$ 1A.SO 204 South Moss Road � By d �te�roth�all) Winter Springs,Florida 32708 Respondent, / ORDER IlVIPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Eaforcement Board of the City of Wintor Springs, Florida, on October 18, 2011 to determina whether any violations of the City of Winter Springs Code of Ordinances ("City Code") exist or existcd on the Properiy. Thc Board, having heard the arguments of the parties and the evidcnc� and toetimony present�d, and having reviewod the record and being otherwis� fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findines of Fact and Conclasions of Law Based up�n the evidence and testimony presented at this hearing,the Code Enforcement Board fupds: 1. That Respondent was provid�d �Notice of Violation in accordance with Section 2-59 of the City Code and consistent with sections 162.06 and 162.12,Florida Statut.�s; 2. That a violation of Section(s) IPMC 304.4 Structiu�al Members, as Adopted by S�ction 6-300 of the City Code exist(s) or existed upon the Property and that Respondent was further providrd a reasonable time to corroct said violation(s); 3. Thnt R�spondent either failui or r�fus�d to cornct such violation(s) within the reasonable time period provided in the Notice of Violati�n; that the R�spondeat was provided notice of hearing before the Code Enforcement Board aad was not prasent at the hearing; 4. T�at based on the tcstimoay and evidence presented�R�spondont has violat�d tho City Code,to wit:IPMC 304.4 Structutal Mcmbers,as Adoptcd 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 Wiater Springs Coda of Ordinances. ��, yp.:11-0025335 CITY �F WIIP1gR SPRINC3S, FL�ORIDa AD�RSSS:204 S.Moss Rd. CODE F�'0�'�1' BMRD� Winter Springs,FL 32708 Petitioner, v. Respocde�tt. Samantha 8►Kenneth Furboter � AFBIi�l1vlT C�+' C�'LIAI�$wiTB O�t 0� WD�1'PFR S�RIHIOS OODE B�HI+�O�iP B�RTiD STA1'E 08 FL�RIDiA ) � � � ; s.s.:�A�c �. �l �+ruciu�t r'V,�m4ae� , BL�E'ORE b�� the nc�8ersiQned suthority, Persoa�sllY sPi�� Christi Flannigan , Code L�spsctor for tha city of Wsnter �rinps, wt�o, after baii'�Q dulY sworn, dePoses ard says: 1. Thnt on Odober 18 . 2011 , tl�e Cod� F�r,lon�o�ment 8oard held a pubiic hearicp and iesued Sts Oxder in tbe abaus stylad �oatter. 2. Tkist, purauant to eaid Osder, R�cpondent was to t�ave talae� certaSn corractivr action by or betore Nov.1 , Zp 11 . � 3. That a reinspxtion wes performed on November 26 . 20�2 • 4. That the reinsPectior► revealed that tM oorrective actia� ozdered bY the Code Fnfaromnert eoaxd hes bean taloesi. P�iR7�R 11F'F7AI�1T SAYETH N�T. . DiATEp this rf day of �1'�J� �, . 20r� • �.L 11,1 f,�0 r•..KQIr�i'�� si�tura o! S�101il�T TO atd a��ribed belars me this%S.b day oE �V O V ., Ze:''.t a��..,� TERRY T.SAKEA a�i v• ti�'r� NoA�ry P�lie•sute o�ciona� � IC - 3TATE OF � ��Y��.�P�1 J�n 10 10�h ComnNStlon M fE 158530 �� ► �'�:,�;,;t••` epnd�d 1p�pupA N�ionoi Nota�•�Assn My Caiomissioc► F�q?ires: WSPD 117 Rav 12-11-90 • ��N'�R S O •..�� * � CITY OF WINTER SPRINGS, FLORIDA u � ��,,,,�d 1126 EAST STATE ROAD 434 i`��9 WINTER SPRINGS, FL�RIDA 327D8-2799 �CORIOp` TELEPHONE:(407)327-1800 FACSIMILE: (407)327-4753 WEBSITE:www.wintersptingsfl.org CODE ENFORCEMENT BOARD CTTY OF WIN1'ER SPRINGS,FLORIDA THE CTTY OF WINTER SPRINGS, Case#11-0025350 A Florida municipal coipora�ion, MAR1rANiE tORI�, R.EaI OF CIiCUIT CQ�lT Complainant, �� ry BK 07688 Pg� 04� — 4P9; I�pgsf v. CLERK'S � �t}L L L��t � 12/28/2�Df 1 01:2SslS PM Kenneth And Samantha Furboter And Bank Of America �II� FEES i�.S4 204 South Moss Road � BY J Eck�othtallf Winter Springs,Florida 32708 Respondent, / ORDER IIVIPOSING PENALTY ON F1RST 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. Findin�s 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 Secrion 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 cortect such violation(s) within the reasonabls 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. Tliat 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 b-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. ar„py�� ,�p., 11-0025350 ��t � W�� s, �,o�a► pon�►ss;204 S.Moss Rd. � � �� Winter Springs,FL 32708 Petitior�er, v. Respaa�d�ent. Samantha&Kenneth Furboter � AFFmAVIT o�' o01�E'T.Il1� vPllii �t C� WI1�FR S�PRIIiCS OO�B �TP B�ttD � °� �► ; S.S.:.,1 PmG 3C>'��a pt�ec�iv�i rra�nea� � � � , � , BF.F'ORE t+�, the ut�ders�pned authority� PBx�sa�a31Y a�e�nred Christi Flannigan , �de Ir�pector t`or the city oP winter S�rir�gs, who, after beinQ duly a�orn, deposes and eays: i. Tt�at an October 18 . Zp 11 , the Code Entorosarer►t 8oar3 beld a public 2�sarinp and iss�ed its Otd�sr in the abova stylad mattaz. 2. 1lsat, pursuant to ssid Oider. Respo�t wae to hsvie talaen oertain corroctive actian by o� before Nov.1 , 20 �� . � 3. That a reinspecticn wse pertorn�d oti �ovember 26 . 20�2 • 4. That the reinspection ree�ealed that the corrective eictian ordered by the Co9e Paforoane�nt Board hss beeri taloen. FI)RT�R AF'FIANP SAYL�i NOT. . nn� thse � _aayr ot �.1 Cv�� . 20� .�'Onn,� � +.� �� e�'s� betqt�e m this:�� dny ot ./L1 Ci:i 20`� ,,•�;;;a••,; TERRY L BAKER , � =� =� 's�: Not�ry Pu�tic-St�te ot Florida • . "'��:•E My Comm.Expirea Jon t 0.2016 NOTARY IC — 3TATF OF '�= Commlasion�EE 158530 � FlA�IDJ► ;:�'��, Bonded TArouqh Nat�on�i Nar,•y Asan My Oomo►ission F�cpires: WSPD 117 Rev 12-I1-90 c;`r��NT�s� � * � CITY OF WINTER SPRINGS, FLORIDA 3 N ��9 1126 EAST S7A7E ROAD 434 WINTER SPRINGS, FLORIDA 3270&2799 ��.ORIOp' TELEPHONE:(407)32�-1800 FACSIMILE: (407)327-4T53 WEBSITE:www.wfntersprinpsfl.orp CODE ENFORCEMENT BOARD CITY OF WIlVTER SPRINGS,FLORIDA THE CTTY OF WINTER SPRINGS, Case#11-0025337 A Florida municipal corporafion, Complainant, � ��+ a� � ��IT CC�AtT �lI1�.E CQMTY v. �It 07688 P�s 4�0 - �21� t��) CLERK'S ik �}L 11+�29i i�D 12/�/2�Di 1 0l:2Ss 1S PM Kenneth And Samaatha Furboter And Bank Of A.merica �I� � �� 204 South Moss Road � g�f � �h��lf Winter Springs,Florida 32708 Respondent, / ORDER IIVIPOS7NG PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after boing duly noticed, before the Codo Enforcement Board of the City of Winter Springs, Fiorida, on Octob�r 18,2011 to d�termine whether any violations of the City of Winter Springs Code of Ordinanc�s ("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 aze incorporated into this Order as set forth herein. FIndiugs of Fact and Conclusfons of Law Based upon the evidence and testimony presented at thie hearing,the Code Enforcement Board finds: l. 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 r�asonable time to cornct said violadon(s); 3. That Respondent either failed or refused to cotrect such violation(s) within the reasonable time period provided in the Notice of Violation; that the Raspondent was provided noticc of hearing before the Code Enforcement Board and was not present at the hearing; 4. That basod on the testimony and evidence present�d, Respondent has violated the City Code, to wit: S�ction(s)9-374.No House N�mbers of the City Codo; 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 � 11-0025337 C�UII�' lID. i CT1Y � f�Ti'mt�, �c't�ttW► ADO�ss:204 S.Moss Rd I ocros �' Ho��m, Winier Springs.FL 32708 irieticiar,er. � v. Ksnneth&Samantha Furt,oter j�k��1�1�Q Rap�ord�slt. 11�YIT � �,YAb1C� WI1�t C�! S2A2'8 G� SLORmi► ) ) S.S.s 9-374 COtA�T1Y G� '��ipl� ) • . 8�E [�, � �rsip�d a�ttsority, per+�cnally �ppenrb Chrlstl Flannigan , _ . Code n�sp.ctar for tt�. City ot winter �Dr'�. +�� Rftitz� bei�dulY swoass. dePo��s atd sa11s: 1. it�at an _October 18 _ . zD11 . tha !�h �lcron�at eo�d h�ld a pnbiic 2rarfe�p �wd issy�d its O�d�r 1n tt�e abou� styLd ar�ttar. 2. 1l�at, Pur��st tD said fhd�r. 1erp�fdeat wr So hV� t�1:1 oRrta3:i earrierivr a�cti�r► by cr b�fat+e Navember 1 . 2011 . � 9. 7lsst a reir�qCtian r�s p�toa�d on J,�(�ugnr 1 ,_� 2 10 2 • � i 1. Thst �tlia rQit�spection r�+�alad thst tht ao�ractive actian ar�r�d by t t�e ood� �farc�atw►t eaar� h�s bs�n taleen. F[l� AFF7JINr SAYi�1H Iiln. a�►r� tnis 7� e.y ot December . so'13 . ��•tv:+e�at'��p�`� �UIbI TO �rd b�! r � elay o! �►�- y - � 14dPARY C - STATR C�' _ Pi+�tIOl1 TEMI�T.�AKE� My Oamie�sian 8�1�s: Nolry PWIie•�►01 f10�10! • • y1p CoaM►.6tAIrN J�n t0,20f� Commi:tAan�e EE t5�5s0 � !O�TNpqh Ntlion�t Nolrr Aup. ftSPD 1 U lt�v t 2-1!-90 I�ININaitININ111NNqIN�lNI�NNt�INNNIINI � G � � „ ; m } m .�.. �n ,t CODE ENFORCEMENT BOARD OF THE � m CITY OF WINTER SPRINGS, FLORIDA � � - �, � rn City of Winter Springs Complaint No.07-0014850 � � Petitioner, � � - �,: v. Kenneth G. &Samantha Furboter u ° 204 South Moss Road �� -`-' s �� Winter Springs,FL 32708 �' Respondent. _+ �-; �� : ORDER IMPOSING PENALTY/LIEN � u. � 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. G 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 22,20p7 has been filed with the � � Board by the Code Inspector, which Af�davit certi�es under oath that the required corrective action o � was not taken as ordered. �, NAccordingly, it having been brought to the Board's attention that Respondent did not comply o T � with Order dated October 21, 2007, it is hereby: t� n ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of p �C � $121.41 in reference to the property that exists at 204 South Moss Road in the City of Winter Springs � � described as: �,, ^ c� -'° LEG LOT 11 BLOCK 1 NORTH ORLANDO TERRACE UNTT 1 SEC 1 � � - s +� � �i �� PB 16 PAGE 63, OF SEMINOLE COUNTY � > � OWNED BY KENNETH G. & SAMANTHA FURBOTER -"' 204 SOUTH MOSS ROAD, WINTER SPRINGS, FL 32708 � � � � This Order if recorded in the public records shall constitute a lien a ainst the above describe '� g d rt — � property and any other real or personal property of the Respondent,pursuant of Section 162.08 and Sectian 162.09 of the Florida Stdtuces. � DONE AND ORDERED this � � �day of �ll r�`�'1 , of u`G� � Seminole County, Florida. ��',, Code Enforcement Board of the k City of Winter Springs, Florida �:: � r .•i� �.'. A TEST• �� _�� , ��, �,�. �� ., , � �/�� '� "T.' ity Clerk{Deputy) C airman � , •�,';'�,� �A� ,'� � . �' ,��'' �r 1 �: : �. � _��/��0� : . . Date �� '�f�9 ��_ � ��'�!�� . , , ,,��' ti c�; •..,, PAYMENT DATE City of Winter Springs BATCH NO. 09/04/2014 1126 E. State Road 434 2014-00001083 COLLECTION STATION Wirrter 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 �• • � � - • • - . . � . � PYMTCODE Generic Payment Code I $50.00 204 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 50.00 Total Remitted $50.00 Change $0.00 Total Received $50.00 Total Amount: $50.00 Printed by: Iris Freeman Page 1 of 1 09104/201410:04:02 AM NOTICE PURSUANT TO FLORIDA STATUTE 162.06(5) Dated: _.24�2 li Month/Date I To: City of Winter Springs Code Enforcement Bureau City Hall, 1126 East State Road 434 i Winter Springs,Florida 32708 Please be advised,that in accordance with Fiorida Statute 162.46(5)(d)the following notice is hereby served upon the City of Winter Spriag�,Code Enforcement BureAU in reference to case no,09-0014850,11-0025337,11-0025335,11-0025342,11-002S34S And 11-0025350 FEDERAL NATiONAL MORTGAGE ASSOCIATION through SUNTRUST MORT(3AGE, INC.,acquired real property known as: 204 SOUTH MOSS RA,WII�i1'ER SPRINGS,FLOR[DA 32708 � Legal Deacription: Lot 11,Block I,NORTH ORLANDO TERRACE SECTION 1 of UNIT 1, aceording to t6e Plat t6ereot ae recorded in Plxt Book 16,st Page 63,ot the Pnblic Records ot Seminofe County,Florida. Fotio tp: o3-zi-�aso2-oioao�io By means of a Certificate of Title recorded in OR Book 07848 Page 1572 of the Public Records of SEMINOLE COUNTY,FLORIDA. Seller,FEDEI2AL NATlONAL MORTGAGE ASSOCIATION hereby notifies:The City of Wiuter Springs,Code Enforcement Bureau that the seller has conveyed the afore-mentioned ptroperty to ANCEL R CARRERO and JACQUELINE CARRERO by a Special Wsrranty Dced. 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.07-0014850,11-OOZ5337,11-0025335,11-0OZ5342,11-0025345 And I1-0025350 Seller, FEDERAL NATIONAL MORTGAGE ASSOCIATION hereby notifees the Pun6�ser that t6e real property kaown as 204 SOUTIi MOSS RD,WIIVTER 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 briog che property into ' compliance in accordance with the Municipal Codes of The CITY OF WINTER SPRINGS, �, FLORIDA. T'he Purchaser acknowledges mailing address as 204 SOUTH MOSS ItD,WIN1'Eit SPRINGS, F1ARIDA 32708 FEDERAL NATIONAL MORTGAGE ASSOCIATION Seller:by it's agent Watson Titte Insurance Agency,Inc. I `._.` X urchaser � ��`"�.� print Print Name of Agent � Purc ��P.I!!�L l...G±-�('Q-(� D�.«� ....+.. ACKNOWLEDGMENT AS TO TITLE POLICY EXCEPTION DISCLOSURFJ HOLD HARMLESS/INDEMNIFICATION AGREEMENT � PURCHASER(s)ANGEL R CARRERO And JACQUELINE CARRERO hereby Acknowledges that it has been advised that Title Policy as to Commitmeat No.2012-05429 is hereby Excepting on Schedule B—Section 11 coverage on the foltowing: 1. Any loss of damage arising from the"ongoing violations"pertaining to code enforcement,Case No.07- � 0014850 from the Ciry of Winter Springs,Florida. 2. Any loss of damage arisins from the"ongoing violations"pertaining to code enforcement,Case No. 11- i 0025337 from the City of Winter Springs,Florida 3. An��lass of damage arising from the"ongoing violations"pertaining to code enforcement,Case No. 11- 0025335 from the City of W inter Springs,Florida. I! 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 Ciry 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 municipaliry and as to the marketability of the future conveyance of the real property. �►INITIAT�� I�._ � � NOW THEREFORE, In consideration of the conveyance of the sale and issuance of tide insutance on the real property located at,204 SOUTH MOSS RD,WINTER SPRINGS,FLORIDA 32708 described as Lot 11,Bloek I,NORTH ORLANDO TERRACE SECTION 1 of UN[T 1,accordin�to the Plat thereof aa 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 aod JACQUELINE CARRERO(herein afitter knowo as PURCHASER) PURCHASER,on beha{f of HIMSELF/HERSELF/THEMSELVES and H(S/HER/THEM successors and assigns acknowledges and agrees as follows: The Agreement of Sale between PURCHASER,and FEDERAL NATIONAL MORTGAGE ASSOCIATION(6erein 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 reaF property,"dTe Closing Agent, WAT50N TITLE INSURA1�iCE AGENCY,INC.,became awa�e that the follAwingrissues exist concerning the subject property,and has provided the Buyer with such information together with copies of the documentation thereofthat it received: "SEE ATTACHED" • Case No.NOH-09-00003493 from the Village of Wellington,Florida. , PURCHASER is aware and acknowledges that t6eir maybe outstanding fines,penalties and liens for the above refereaced cases that wiU not be paid by Selter or Closing Agent. Purchaser ackaowledges and assumes ALL and FULL responsibility for all outstanding fines,penaltiea and lieas. �►IIVITIAL <`�� ' � f � PURCHASER specifically acknowledges and agrees that he has received a copy of the information received by WATSON TITLE INSURANCE A(:ENCY,[NC.,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 ] of 2 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 hehhey 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. i PURCHASER is aware that the above-described property is not currenNy 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. I PURCHASER specifically agrees to HOLD HARMLESS WATSON TITLE INSUI2ANCE AGENCY,INC. (Closing Agent),FIDELITY NATIONAL TITLE 1NSURANCE COMPANY(Underwriter)>AND �I SELLER,its agents,attomeys,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 �i them harmless from any and all wsts,damages,expenses,claims,or obligations of any nature arising from the above-described matter. It is specifically understood and acknowledged PURCHASER,that WATSON TtTLE INSURANCE AGENCY,tNC.,LJNDERWRITER,and SELLER assume and accept no responsibility or liability for any obligation,cosu,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 ctaims of any nature whatsoe�er 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 lNSURANCE '� AGENCY,INC.,receipt of which is hereby acknowledged. --�------- x , ... � _ 1 pH'Rt, (S)ANGEL R CARRERO I PURC R(S)JACQUELINE CARRERO I STATE OF t�RTo R�� I COUNTY OF c.�a �_ A�•.,i�s3o II The foregoing document was subscribed,sworn and acknowledged before me this 3 ,day of OG`7o(�.,�_,2012 by l��n. ��' �2c'lvho is/are i Q n o r.�nc� 1-S ��" ,� - personall^______v kno a me or who provided e following idenNfication w�}��1y F.�,` .�- �,, repre nted that he/she executed the ment. ! �+i ;�� (SEAL) ' r� �A /1 � N$ N tary Signat `� J v l• .,`� .�.`b'�'. �Ay�.r�a�n �- ��[ Q�e z ` ��saDa•��` Pnnted Name o otary , , , Commission#: prepered by:Matahall Wataon,Esquire p�R�w NEUT WATSON TITLE INSURANCE,iNC. My commission expires: i� 1900 W Cypress Creek Road Third Floor �T,U►UpERpALE,FL 33309 ZOf2 CITY OF WINTER SPRINGS,FLOR[DA M[NUTES 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 "WS1" 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 17th,(2011) which are the Furboter's. That was returned `unclaimed'. The Notice of Violation was mailed to Bank of America on April 29�`, (2011). These were signed for by Nelson Hernandez on May 6�', (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 27�', (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 conective actions taken towards this Violation. Certified mail of the meeting tonight was mailed on October 4�', (2011). The Notice was also posted on the property. Bank of America representative Nelson Hernandez signed for the Notice on the 8�' 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 1 St, (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 15T, (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 CA5E #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,FLOR[DA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 18,2011 PAGE 6 OF 19 Inspector Flannigan remarked, "This Violation was first observed on March 2°d, (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 17�', (2011); it was returned unclaimed. The Notice of Violation was mailed to Bank of America on April 29�`, (2011). They were signed for by Nelson Hernandez on May 6t'', (2011). These Violations were also faxed to Bank of America on March 2°d, (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 20�', (2011). It is still in Violation; there still are no numbers on the residence. Certified mail — Code (Enforcement) Board Meeting was mailed on October 4�', (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 8�', (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 1 St, (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,FLARIDA 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 1 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,FIARIDA 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 1 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 2", "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 1 St, (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 "500", "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 obj ections 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-JANLJARY 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 VIL 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-JANLJARY 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-JANLJARY 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-JANLJARY 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 3''d 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-1', 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-JANLJARY 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—JANLJARY 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 lOTH, (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 lOTH, 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-JANLJARY 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 REMARI�D, "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. �S•S AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT,AS DOCUMENTED. �S�S 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-JANLJARY 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. �S•S AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ��e�� CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANLJARY 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 `W S-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-JANLJARY 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 27Tx, 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 obj ections were noted. �Se.� AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT,AS DOCUMENTED. •S�S 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-JANLJARY 27,2015 PAGE 12 OF 15 Continuing with his testimony, Captain Deisler said, "The Carreros took possession of this property on or about the 26m 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. �Se.� 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-JANLJARY 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. �Se.� AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .;..;. 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-JANLJARY 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 9tn 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. �S•S AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT,AS DOCUMENTED. e.��S CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JANLJARY 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 ,2015 Code Enforcement Board Regular Meeting.