Loading...
Special Magistrate_04-26-12_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Apiril 26, 2012 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Also Present: Gayle Owens, City Attorney Tim Cooper, Code Enforcement Supervisor Bonnie Howington, Code Enforcement Officer Giselle Gonzalez, Code Enforcement Recording Secretary 1. CALL MEETING TO ORDER: Special Magistrate Amy Goodblatt called the meeting to order at 7:00 p.m. 2. APPROVAL OF THE MINUTES FROM THE MARCH 22 " 2012 HEARING: Special Magistrate Goodblatt approved Minutes of the March 22 " 2012 meeting. 3. SPECIAL MAGISTRATE'S EXPLANATION OF PROCEEDINGS: Special Magistrate Goodblatt explained the hearing process for the attendees. 4. ROLL CALL OF SCHEDULED CASES: Special Magistrate Goodblatt did a roll call of the scheduled cases to determine which Respondents were present. Code Enforcement Officer Howington indicated CEH 12 -04 -838 complied and case was withdrawn. S. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses CEH 04 -26 -2012 Page 1 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 6. PUBLIC HEARINGS: D. CEH 12 -04 -839 LDC Art. V, 5.3.1 Swimming Pools Peter & Michelle Brown /Nationstar Mortgage 335 E Reider Ave. Longwood, FL 32750 Code Enforcement Officer (CEO) Howington introduced herself. CEO Howington submitted photos to be entered into evidence. CEO Howington indicated that the property owners, as shown on the property appraiser's website, were Peter and Michelle Brown. CEO Howington presented her case. CEO Howington indicated that on September 1 2011 she received a complaint from a neighbor. The neighbor reported that the gate on the South side of the property located at 335 E Reider Avenue had fallen down. CEO Howington responded to the call and went to the residence. She was able to verify that the gate was broken, which allowed access to the back yard. CEO Howington also noted that was an unscreened pool. CEO Howington called the City Public Works Department who was able to secure the gate. The following day CEO Howington proceeded to write a Notice of Violation (NOV) and mailed it to Mr. and Mrs. Brown. On September 6 2011 CEO Howington received a call from Mrs. Michelle Brown. Mrs. Brown confirmed that she received the NOV and explained that she was no longer the property owner. Mrs. Brown indicated that the property was foreclosed back in 2008. Mrs. Brown provided to CEO Howington the contact information for Nationstar Bank and informed that they had the title to the property. CEO Howington sent a copy of the NOV to Mr. Paul Belcher from Nationstar. Mr. Belcher sent to CEO Howington a copy of an email he had forwarded to Field Asset Services. Field Asset Services is a preservation company that works with Nationstar. The email stated to please address the code violation and submit bids to FNMA for approval. On September 12 2011 CEO Howington received a call from Mr. Chris Cantu, who is the Code Compliance Coordinator for Field Asset Services. Mr. Cantu indicated that he would get bids to repair the fence, drain the pool, add chemicals and mosquito repellant. CEO Howington asked that the pool also be covered with some type of wood /wire for additional security measures. CEH 04 -26 -2012 Page 2 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 On September 20 2011 CEO Howington indicated that she passed by the property and verified that the gate was secured. On October 18 2011 Sergeant Cooper notified CEO Howington that the neighbors called again. The neighbors reported that the landscaping company that mows the lawn had pulled the gate down to obtain access to the back yard and had left the fence almost falling down. Sergeant Cooper went to the property and temporarily fixed the gate in order to keep anyone out. Sergeant Cooper noted that the pool had not been treated and that there were mosquitoes around the pool area. CEO Howington proceeded to call Seminole County Health Department. Seminole County Health Department indicated that they would inspect the pool. On that day CEO Howington also spoke with Mr. Cantu who informed her that there were bids in place, however they needed to wait on the client's approval to proceed with the repairs. On November 8 2011 CEO Howington called Mr. Cantu again. He advised Field Asset Services had not yet received a response from the client. On November 15 2011 CEO Howington inspected the property. The gate had been secured. However, the neighbor informed CEO Howington that nothing had been done with the pool. On December 14 2011 CEO Howington called Mr. Cantu again but they had not yet received response from the client. On April 11 2012 CEO Howington prepared and mailed a Notice of Hearing (NOH) to Mr. and Mrs. Brown, and to Nationstar Bank. CEO Howington indicated that she received the signed certified receipt from both Nationstar and Mr. and Mrs. Brown. CEO Howington stated that the elements surrounding this violation are that the pool is not being treated. The water of the pool is very dirty and attracting mosquitoes. Also, the fence surrounding the pools needs to be repaired and a lock needs to be placed on the gate. The City is asking that the respondents be found guilty of violating LDC Art. V. Section 5.3.1 Swimming Pools. The City is asking that the respondents be given five days from the receipt of the final order to comply be either draining the pool, covering the pool or have the electricity turned back on and clean the pool CEH 04 -26 -2012 Page 3 of 8 CODE ENFORCEMENT FEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 on a regular basis. The fence needs to be repaired and the gate must be self - closing with a lock. If compliance is not met, the City is asking that a fine of two hundred and fifty dollars ($250.00) per day be imposed until compliance is met. In addition, the City is asking for an administrative fee of three hundred and fifty dollars ($350.00) to be paid within thirty days of service of the final order. Respondent's Counsel Mr. Richard Withers explained that his clients vacated the house in the year 2008 at the request of their lender Northstar. His clients subsequently filed a petition for bankruptcy and received their discharge. For that reason his clients have not attempted to do any repairs because they are complying with the request of the lender of keeping away from the property. Respondent's Counsel indicated that a foreclosure was filed in November of 2008 but there has been no resolution. Counsel indicated that his clients are willing to do anything in order to give Nationstar the title of the property. Special Magistrate Goodblatt asked Respondent's Counsel who had told his clients that they should keep away from the property. Respondent's Counsel indicated that Nationstar verbally told his clients to give the property up and go away. Counsel indicated that his clients agreed to not contest the foreclosure and walk away from the property. Bank's Local Counsel Ronda Westfall indicated that until the bank takes legal title they do not have the right to prevent the owners from accessing the property. Counsel indicated she is understands this issue needs to be corrected. Ms. Westfall indicated that she is the local attorney and not the file attorney. For that reason she cannot honestly answer how much longer it will take to have a resolution regarding the title of the property. Ms. Westfall stated she does not have the authority to take the deed in lieu or the authority to do a consent foreclosure. Ms. Westfall indicated she can report back to the office and inform that this issue really needs to be taken care of. Respondent's Counsel indicated that he wanted to make a clarification. He wanted to inform that the original lender was Flagstar. Flagstar was who informed his clients that they needed to vacate the property. Nationstar later acquired the mortgage and instituted the foreclosure action. Special Magistrate Goodblatt made her findings that the respondents jointly and severally have violated LDC Art. V. Section 5.3.1 Swimming Pools. The water of the swimming pool is dirty, no chemicals are being applied, the pool pump does CEH 04 -26 -2012 Page 4 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 not seem to be operational, the fence needs repairs and the latch is broken. Respondents have fourteen days from the date this order is served to come into compliance. Special Magistrate Goodblatt indicated that there are no administrative fines at this time. If the respondents do not come into compliance, respondents are jointly and severally liable for a fine of two hundred and fifty dollars ($250.00) per day for each day the violation continues to exist beyond the date set for compliance. In order for the property to come into compliance the pool has to either be maintained and in good working condition including an operable pump and proper chemical balance to prevent the accumulation of algae or the pool must be drained to a four foot depth, chemically treated and covered with wire mesh. In either case the pool must be fenced with a working self - latching gate. Gayle Owens City Attorney stated that the City would like to request that the order be recorded to serve as a notice that there is a code enforcement issue. Special Magistrate Goodblatt indicated that she does not have any objection. The City will record the order as notice of the violation to subsequent purchasers. A. CEH 12 -04 -836 CC, Chap. 86, 86 -54 Storage of Inoperable Vehicles Robert S. & Jennie L. McCown 708 East Ct. Longwood, FL 32750 Code Enforcement Officer Howington stated that before she presents the case she would like to inform Special Magistrate Goodblatt that Ms. Jennie McCown called her on April 19 2012. Ms. McCown mentioned that she would like to request a continuance because her daughter's graduation was on the same date of the hearing. CEO Howington indicated to Ms. McCown that would not be a problem however she needed to receive something in writing requesting a continuance. CEO Howington informed Special Magistrate Goodblatt that she has not received anything in writing from Ms. McCown. Special Magistrate Goodblatt ordered the case to be continued to the next meeting and that the Respondent will not be granted any further continuances. CEH 04 -26 -2012 Page 5 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 B. CEH 12 -04 -837 CC, Chap. 86, 86 -54 Storage of Inoperable Vehicles CC, Chap. 18, 18 -221 Outdoor Storage CC, Chap. 38, 38 -121 Trash & Debris Melissa K. Shefferman 112 Pineapple Ct. Longwood, FL 32750 Code Enforcement Officer (CEO) Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. The Respondent was not present at the hearing although service was properly made on Jett Mulligan, Melissa Shefferman's adult nephew. CEO Howington indicated that on March 16 ", 2012 she received a complaint regarding an inoperable vehicle and trash and debris at this property located at 112 Pineapple Ct. CEO Howington responded to the complaint and inspected the property. CEO Howington found a brown VW van parked next to the house. The van was in the side yard but it was not properly screened as code requires. In the area where the van was parked there was a plastic shelf, bucket, wood, some carpeting and other items. In front of the garage there was a cushion and some buckets. In the front yard there was a ladder. In addition CEO Howington noticed a red Hyundai that did not have a tag parked in the driveway. CEO Howington indicated that she posted a Notice of Violation (NOV) on the front door and gave five days to comply. CEO Howington stated that she is familiar with the property because it is an ongoing issue. There have been three notices for inoperable vehicles, seven notices for outdoor storage and six notices for trash and debris. CEO Howington indicated that she did a re- inspection on March 12 2012 but the property was still in the same condition. CEO Howington stated that she did another re- inspection on March 27 2012 and property was still not in compliance. CEO Howington explained that a Notice of Hearing (NOH) was prepared and served on April 11 2012. CEH 04 -26 -2012 Page 6 of 8 CODE ENFORCEMENT (-BEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Howington noted that the elements that surround CC, Chap. 86- 86 -54 Storage of Inoperable Vehicles would be that the code requires an inoperable vehicle to be stored in a garage, carport or in the side or rear yard screened on all sides with a 6' solid fence, wall or dense hedge. Also the code states that only one inoperable vehicle is permitted on any parcel. The elements for CC, Chap. 38, 38 -121 Trash and Debris is that there is an accumulation of trash and debris on the property which could cause the property to become infested or inhabited by rodents, vermin or wild animals or could furnish a breeding place for mosquitoes. Consequently these issues could adversely affect and impair the economic welfare of adjacent properties. This property is located within 100' of another residence. The element for CC, Chap. 18, 18 -221 is that outdoor storage in residential districts is expressly prohibited. The City is asking that the respondent be found guilty of the violations that were cited on March 16 2012. . The City is asking that the respondents be given five days from the receipt of the final orders to bring the property into compliance. If the property is not brought into compliance the City is asking for a fine of two hundred and fifty dollars ($250.00) per day per violation until compliance has been met. The City is also asking for an administrative fee of three hundred and fifty dollars ($350.00) to be imposed upon the respondent and the fee is to be paid within thirty days of the receipt of the final orders. Special Magistrate Goodblatt made her findings that the respondent has violated CC Chap. 86, 86 -54 Storage of Inoperable Vehicles, CC Chap. 18, 18 -221 Outdoor Storage and CC Chap. 38, 38 -121 Trash & Debris. There were two inoperable vehicles parked at the cited property past the date set for compliance. The vehicles were inoperable because they had no tags and therefore they could not be driven legally on public streets. Outdoor storage of a ladder, dishwasher, cushions, wood, plastic, buckets and other debris and trash were present at the residential property past the date set for compliance. The property is located within 100' of other residences. The trash and debris may be such that it could become infested with rodents, mosquitoes or endanger the public safety or welfare. The condition of the property adversely impacts adjacent properties. It is the order of the Special Magistrate that in order to come into compliance only one inoperable vehicle may be parked at the cited property. The vehicle must be stored inside a garage, carport or in the side or rear yard screened on all sides with a 6' solid fence, wall or dense hedge. All outdoor storage trash and debris must be removed. It is further order of the Special Magistrate that the respondents pay an administrative fee of three hundred and fifty dollars ($350.00) within thirty days of service of the order. The respondent has five days CEH 04 -26 -2012 Page 7 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 to come into compliance from the date of service of this order. In the event the respondent does not come into compliance, the respondent shall pay a fine of one hundred dollars ($100.00) per day per violation for each day the violations continue to exist beyond the date set for compliance. 7. REPORTS -CASE UPDATES: Case 05 -04 -450: Repeat violation, 431 W. Church Avenue. Fines and administrative fees have been paid. The lien was released on November 23 2011. Case 10 -07 -788: 304 Loch Lomond. All fees were paid. The lien was released on March 22 2012. Case 11 -04 -812: 1018 West SR 434, Township Plaza /Metro PCS. All fees were paid on June 25 2011. 8. UNFINISHED BUSINESS: None. 9. OLD BUSINESS: None. 10. NEW BUSINESS: None. 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:0,Q pm. Amy Goodbl tt ecial Magistrate Gy5c1 n C-10n� 1 e 0. -- Giselle Gonzalez, Recording Secretary CEH 04 -26 -2012 Page 8 of 8