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HomeMy WebLinkAboutAgenda Item 12-17-2013City of Cape Canaveral i City Council Agenda Form City Council Meeting Date: 12/17/201 Item No. 15 1 Subject: Consider Application for Satisfaction or Release of $40,750.00 Code Enforcement Lien, Case No. 2012-00005, 201 International Dr., Unit #214. Department: Code Enforcement Summary: On February 23, 2012 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced unit of two hundred fifty dollars ($250.00) per day until the violation is corrected and full compliance is confirmed (Attachment #1). During the period of non-compliance, the unit was owned by the Tina Stewart Estate. On August 3, 2012 the property was brought into compliance (Attachment #2). The lien stopped accruing and the total fine is $40,750.00 (Attachment #3). On August 13, 2012 Federal National Mortgage Association purchased the property for $148,485.28 pursuant to a final judgment of foreclosure sale (Attachment #4). On November 6, 2013 the owner applied for the full satisfaction of the Code Enforcement Lien (Attachment #5) due to the fact that they were not the owners at the time of the violation and the property is currently in habitable condition. On November 21, 2013 the Code Enforcement Board recommended the City Council reduce the outstanding lien to ten thousand dollars ($10,000.00). The draft Board Minutes (Attachment #6) and the Code Enforcement Board recommendation memo (Attachment #7) are included herewith. Current market value according to Brevard County Property Appraiser is $53,890.00. Staff supports the recommendation to reduce the lien to ten thousand dollars ($10,000,00) because the amount of the lien is disproportionate to the value of the property. Submitting Department Director: Todd Morley MA Date: 11/26/2013 Attachments: #1 - February 23, 2012 Board Order #2 - Notice of Compliance #3 - Current lien amount calculation #4 - Final Summary Judgment of Foreclosure #5, - Application for Satisfaction or Release of Code Enforcement Lien #6 - Draft Minutes from the November 21't meeting #7 - Code Enforcement Board Memo City Council Meeting Date: 12/17/2013 Item No. Page 2 of 2 .. ............................. . .. .. .. . Financial Impact: Up to $30,750,00 in forgone lien collections; Staff time for preparation of Agenda Item, Reviewed b eo y Financial Services Director: DeL Date: The City Manager recommends that City Council take t following action: Approve the request in the amount of $10,000.00. Approved by Cit y Manag��r. Pa id L. Greene -v-t, Date:, - -- - - - -------------- City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain ..... . . . ...... . .. . . . ................................. . . . . ................ . ........... . ....... .................... . . . ... . ..... .............. . ...... . ....... . ................. ............. . .. . ...... . .... . . . ...... . C" or CArr cAll AYMAL CODE ENFORCEMENT BOARD CITY OF'CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case; 12-0000 A Florida municipal corporation, CFN 2012042297, OR BK 6551 PAGE 3, Complainant, Recorded 0.3/0612012 at 12:45 PM, Utch Needeiman, Cleb( of courts, Brevard COUnty v # PgG.2 Tina Stewart Estate Owner of the Property located at, 201 International Drive, Unit 214 Cape Canaveral, FL 32920 LEGAL: THE OAKS CONDO PH 11 AS DESC IN ORB 2466 PG 2562 AND ALL AMENDMENTS THERETO THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 23, 2.012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. 011111111111 0 12101111111111=�� IM -1 I � i i I 1 11 Based upon the evidence and testimony presented at this hearing, 'the Code Enforcement Board finds: 1. That Respondents were provided a Notice of Violation in accordance with Section 2-258, of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 108.1.3, Structure Unfit for Human Occupancy; Section 3104.1, General; and Section 306.1, Infestation, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondents were further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 wyv �ju ffiLrida.cojnjq<g? e-mail: cityofcapecanaveral.org WMED-al I =1# z C e (1998 edition), as adopted by Section 82-221, of the City of Cape Can ral Code of Vdinances; Secti i o 4 -122(a), Public Nuisances Prohibited; and Section 34-96, Standards Established, of de; pj�ilijiii a BASED UPON THE FOREGOING FACTS AND COiNiCLUISI�ONS, IT IS HEREBY ORDERED: I IN a TXW V$f,117W=10w. w w w w wPA17 MIT-FeMel VT trie.11010001 anth Melf0tailon is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being! corrected to the Code Enforcement Officer. Upon such, confirmation, the Code: Enforcement Officer shall promptly file a Notice of Compliance; 3. Any and all future recurrenice(s) of any violatioin(si) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Responclenti(s), an opportunity to correct such violation(s) anid'that the Code Enforcement Board, upon finding such repeat violatiopose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat viiolatio�n:, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to, take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance With Section 162.09, Florida Statutes, and City of Cape Canaveral Code,, Chapter 2, Arti�cle V1. 11, Chairperson Copies furniished toi: Ti:nia Stewart Estate August 3,, 2012 Tina Stewart Estate 201 International Drive, 1-friit 214 Cape Canaveral, FL 32920 CASENO: 2012-000,05 City of Cape Canaveral nurtity & Economic Development Department ODE ENFORCEMENT J'ICE 01""'COMPLIANCE LOCATION OF VIOLATION: 201 International Drive, Unit 214 Cape Czuiaveral, Ff. 32920 PARCE1 11): 24-37-23-00-00295.5-0000.00 RESPONDENT(S),- 'Fina Stewart Estate, The property was found in compliance on August. 3, 2012, by meeting the requirements of the Notice of Violation, DESCRIPTION 01'VIOL,A'110"N: Section 82-221, International Property Maintenance Code as Adopted (IPMC)-, IPMC Section 108.1.3, Strucu.117e Unfill for Human Occupancy, IPM.(,'.'Section 304.1, General; IPMC Section 306.1, Infestation. Thank you for your cooperation in this matter, If you have any questions, please do not hesitateto, contactme at (321) 868-1222, "'cerely, Duree Alexander Code Enforcement Officer 7510N,AdanricAvera x - Post Office Box 326 - Cape Cana oral, FL32920-0326 Telepho= (321) 868-1222 # Fax: (321) 868-1247 w%vw.cityofc,,tl)ec.iiiaver.d.otg - email: info,@cityofczpccan2ver2l.org City of Cape Canaveral C'offin-itinity Developirtcnt Departmcnt CITY OF CAPE CANAVERAL )DE ENFORCEMENT DIVISION PAYOFF OF LIEN A Code En.forcernent Board Order was filed on 3/06/12, fbr the prop�erty known as 2011,ntemational Drive Unit 214, Cape CatiaveT-al, Florida 32920, The legal is THE OAKS CONDO PH 11 AS DEW IN ORB 2466 PG 2562 AND AL1, AMENDME"NTS THERETO, Parcel lD# 24-37-23-00-00295.5-0000M. The Brevard County recorded this lien as CFN201204,2297 OR 131( 6551, PG 01003 Brevard County Clerk of Court. The fines are as lbflowsa 2/23/12 (7) days Cq, 250.00 = $ 1,750,00 3/12 (3 1) days @ 250.00 = 7,750M0 4/12 (3 0) days @ 250.00 = 7,500,00 5/12 (3 1) days 250M0 = 7,750.00 6/12 (3 0) days 250.0O 7,500M0 7/12 (3 1) days @ 250.0,0= 7,750.00 8/12 (3) days @ 250MO 750.00 YOTAL $4101,750,00 EXT The PTOperty was found in compliance on August 3, 2012. 75 W N. At t�l I ILI c AVLAI I I C - POSA 01-11CC Box 326 - Cap(- Clmmvcrai I, FL 32920-0326 868-1 ( In - Fax 868 2 32 1) -1 206 &I spccdon: 32 1) 2,'j7 IiUildillg &- GRIC F"111ONCluctit: (321) 868-1. 1 2 - Planning & Do,clopmcm ( ---& 4001 1 111, 111 1111 L FEDERAL NATIONAL MORTGAGE ASSOCIAnON, Plaintiff, CASE NOi. : 015-2011 -CA-031118 M including, if a named Defendant is deceased, t personal representatives,, the: suryivingspious heirs, devisees, grantees, creditors, and all oth parties claiming, by, fluough, under or against th Defendant, and all claimants, persons or N. naturad or corporate, or whose exact legal status unknovm, claiming under any of the above nam or described Defendants, 9903-11UNIMMWAIM PRIAU4 "43909MUM urnmam THIS CAUSE, having come before flie Court upon PlaintifPs Motion for SUMIT), Judgment of Foreclosure, upon Plaintiff s Complaint to Foreclose Mortgage and upon documents in support thereofand, the Court badvised in the premises, I 'T IS ORDERED, ADTUDGED, AND DECREED THAT: lnwl Interest on said principal balance! through August 15, 2011 UAI 5.81 Per them Interest at $7 .76 from August 1, 6, 2011 through May 31, 2012 $2,250.40 Late Charges accrued up to the acceleration data $98.48 Escrow Advance, for Taxes $1.9-0 Inspection Fee $ 1146,99 Suspense Balance $(245,26) Filing Fees .50 Service of Process $180, Total $148,485.28 together with such further costs as may be incurred by the Plaintiff in thii�s action, includin but not limited to, the sale The and publication of the Notice of Sale, andany advances ma by the Plaintiff subsequent to August 2 nd , 2011, which are proper under the terms o 0 f the N and, Mortgage foTeclosed herein, Following entry, this, Judgment shall bear interest at a prevailing legal rate of interest pursuant to Florida Statute Section 55,3. 2. Dlue and legal Service of Process has been made upon all of the Defendant(s), This Court bl, Jurisdiction of the parties in this cause and the subject matter thereof. Further, the allegatio i . contained in Plairitif-Ps Complaint have been proven by competent evidence and the equiti in this cause are with the Plaintiff, 3. The Mortgage sued upon by the Plaintiff in this cause constitutes a valid lien upon tM, property hereinafter described and the Mortgage I's in default as alleged in the Complaint. 4. Plaintiff holds a li�en for the total surn superior to any claim or estate: of all Defendants, oni UNIT 214, PHASE 11, OF TIM OAKS, A CONDOMINIVM, ACCORDING TO THE DECLARATION OFCONDOMI[NIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS B06k 2466, kXrA i4-01 AND' AMENDED IN OFFICIAL RECORDS BOOK 2466, PAGE 2562, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST' OR SHARE, IN THE COMMON ELEMENTS APPURTENANT THERETO. 5. If the total sum with interest at the rate descfibed in paragraph I and ad) costs accrued subsequent to this judgment are not paid, the clerk of tWs court shall sell the property at 11-28925 2 T I public sale an at I I W AM, to the highest bidder ................. ..... ... -- / for cash, at the Brevard ourity Government Center - North, 518 South Palm Avenue, Brevard Room, Titusville, FL 32796 in accordance with section 45.03 1, Florida Statutes. MIN � I F60111794-0�M1 71 11111 11011? Iff TIMOR 1111 1 ! IUD 'a 01 1; �. If I the clerk if plaintiff is not the purchaser of the property for sale. If pl,aintiff is the purchaser, the clerk shall cTedit plaintiffs bid with, the total sum with interest and cost accrui subsequent to this judgment, or such part. of it, as i's necessary to pay the bid in full. of Bid with Cl�erk), without further payment or Order of this Court, except as herel 7. On filing the certificate of title, the clerk shall distribute the proceeds of the sale, so faur they are s-ufficient by paying: first, all of plaintiffs costs; second, documentary starn affixeN to the certificate, third, plaintiffs attorney's fees; fopirth, the total: sum due to plainti less the items paid, plus interest at the: rate prescribed in paragraph I from N to h date of the sal�e; and by retaining any remaining amount pending the: further order of t] MOW, 8On filing the certificate of sale, defendant(s) and all persons claiming under or againO defendant(s) since the filing of the notice of lis plendens shall be foreclosed of a estate claim in the property, except as to claims or rights under chapter 718 or chapter 720, Flori Statutes, if any. Upon the �ng of the certificate of title, the person named on the c,erti ica of title shall be let into possession of the property. The right of redemption shall termina upon the issuance of the certificate of sale as per Florida Statute 45.0315. WITUT-TIM-T MM 1 07109PHI-ar complete relief as may be necessary and proper, including- (1) the entry of a writ of possession-, (2) entry of a deficiency decree if blorrower(s) has not been, discharged in Bankruptcy or constructively served; and (3) detennining the claims in and to any cash surplus that may be produced, at the foreclosure sale, together with additional attorney's fees, if applicable. 10, In the event that a foreclosure sale is conducted pursuant to this Order and the successful purchaser fails to pay the initial deposit to the Clerk of Court andlor pay the complete puxchase price to the Clerk of Court in accordance with the rules of the sale, the Clerk of 11-28925 3 13. Should the subject property be sold to a third party at the foreclosure sale, the Clerk of Court is directed to make the fall amount of the sale proiceeds due Plainti;ff payable as follows: POPIU�N & ROSiALER, P.A. TRUST ACCOUNT, 1701 WEST HILLSBORO BOULE VARD, SUITE 400i, R BEACH, FL 33442. DONE AND ORDERED in chambers, at Viera, Brevard County, Florida this 31"' day of May, 2012, Original Signed On MAY 1 2W ROBERT T. BURGER oy PdbertT. 5WWt Circuit Court Judge: Cftull JUdp Copies Provided to: Brian L. Rosaler, Esquire POPKIN & ROSALER, P.A, Suite 400 Deerfield Beach, FL 3�3442 Tina Stewart 201 International DT *214 W—Gpvsyem�.- �'M Juan (3. Mejia, Esq 3300 PG'A Blvd, Suite 570 Palm Beacb Gardens, FL 3341 c/c, CT Corporation System, Registered Agent 1200 is Pine Island Road PI antation, FL 3 3 3 2 4 11-28925 5 CFN 201216,2034, Oage 864, Recorde-d 08/16/2012 at 10:11 AM, Mitcl Noodelman, Clerk of Courts, Bravard County VA IN THE CIRCUIT COURT OF'THE EIGHTEENTH JUDICIAL Caf #05-20111-CA-031118.>C)M-XX CIRCUIT fN AND FOR BREVARD COUNTY, FLORIDA 0=ement Pswr^ FEDERAL NATIONAL MORTGAGE 4111111M ASSOCIATION', 019648987 Plaintiff, CASENO.- 05-20ilf-CA-031118-XXXX-XX vs. 0 11111 1 1 14 Ring 11' la 1YONT1 1121 11jjTj ffAjdjL#A PFj'j 2 L#Jj2MjjMjj [Q t4 LjTL4U M;j R;Lft I REGISTRATION SYSTEMS INC. (MIli 0,00'39293956227742), UNKNOWN -x TENANT(S) IN POSSESSION #1 and #2, and ALL OTHER U'NKNO WN rm- PARTIES, including, if a named Defendant is deceased, the pemnal 20F representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all :73 CDv rq other parties claiming, by, through, under or against that Defendant, and all 71 claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described Defendants, 0 Co > Defendant(s). CERTMCATE OF—TITL—E The undersigned clerk of the court certifies that he or she executed and filed a certificate of salc jrrj Ws action an Luly-25 21112, for the groperty described herein and that no oil1jections to the sale have been filed within the time allowed for filing objections. The following property in Brevard County, Florida: UNIT 214, PHASE 11, OF THE OAKS, A, CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 24,66, PAGE 2491 AND AMENDED IN OFFICIAL RECORDS BOOK 2466, PAGE 2562, PUBLIC RECORDS" OF BREVARD COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST OR SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO. A/K/A: 201 INTERNATIONAL DR., UNIT 2�14, CAPE CANAVERAL,, FL 32920. was sold DERAL N&TIDLNAL MORTGAGE ASSiOCIA—TI 14523 SW MILIKM WAY, 5UITE 200, BEAVERTON� OR 97045. WITNESS my hand and the sea] of the court on rN 2012. MITCH NEEDiELMAN CLERK OF 114E COURT PARCEL ID NO.: 24-37-23-00-40295.5-00001.OLfI This Document Prepared BY POPKIN & ROSALER, P& I NA AAA1161 1701 W. Hillsboro Blvd, #400 Die uty Clerk Deerfield Beach, FL 3344,2 p 11.28925 CITY OF CAPE CANAVERAL w �. OF wrI)E LNFO11CFMNT LIEU COJDE ENTORCENMNTa� PP P. - - —- wM4 .i 9AI NATURE . 'Ik ADDRESSBPROPERTY, �I I ! Mf* 11 M " " ! 1" 1► , , RELIEF y,,, y rcleI 1 I APPLICANT PROPOSES: S AS TTIE '' THE REDUCED FINE. THE FAMAL BASIS THE VIOLATOR BELIEJES TTCS AppLICATION (If more space is needed add additional pages).i � �. cwt . ;�" rr �» w1► TERMS OR CONDITION'S TO BE IW10SED UPON APPLICANT SHOULD THE AP KATION GRANTED - (If more space is needed add additional pages) ------------ A-DDMONAL FACTS OR WFORMAT10Nw APPLICANTI)EEMS PERTINENT To THE REQUEST,, INCLUDING 11T LRvTrED To, THED WARRANT TFIw REDUCTION , M MMON" BEFORE NE the undersigned . o • • r° w ,rr . r 100provided as identification, and who4eAbe'jn�gac info tion contained vAthin thiS application is true and corrwt affirmed the 5 AP "40W$'y Puft SLOW Of Floreal CuWan Ng -N�o Pub ii - MY COMMISawn EE134,806 EXP t6s 09129 E 11 i 12016 APPLICATION FEE: RECEIVED By CrrY ON COAOLMCECONPMNMDBY13UILDINGOFTICIALON A-3- 3 CODE ENFORCFNJENT REVIEW ON Ncq. zi, ;20cn� CODE RCE NT RECONRAENDATI ON ATTACHED: YES ACTION OF CITY COUNCIL: API ROVE; — APPRovE wrrH FOLLOWING CONDITIONS: DATE OF COUNCIL AMON: CONDITIONS AND, PAY?dENT OF REDUCED MTE To BE MET WnT11N 30 PAYS OF COUNCIL, ACTION, TO WIT: ON OR BEFORE 11/06/2613 10:23 AN 0 IN22794 Total 100.00 Cash Ap.oulit 0.08 CA 0530AB Amount $1@8.00 Code Enforcement Board Meeting Minutes November 21, 2013 Page 6 a I r"I 0 fil WMrA Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review, Officer Alexander testified that the violation was for the condition of the property. Officer Alexander stated that a lien was filed against the property in the amount of two hundred and fifty dollars per day, from February 23, 2012 through August 3, 2012, and totaled forty thousand seven hundred and fifty dollars ($40,750.00) Randy Bock, Representative of Federal National Mortgage Assoc., requested a full satisfaction of the lien, less administrative costs, due to the fact that thepr perty is habitable and the bank was not the original violator. ;�/, OF Officer Alexander respectfully requested that the I reduction of the Igen in the arnount of forty th ($40,750.00) to twenty thousand dollars ($20,000.pjp, Motion by Mr. Lotspeich, seconded by Mr. Hale, to the amount of forty thousand seven hund%I!!,,, nd dollars ($10,000,00). Vote on the motion ca There being no further businessItIj Yra n -i nd to the City Council the ,,jiundred and fifty dollars iend that Council reduce the lion in Ilars ($40,750,00) to, ten thousand Yn UIMEW" 2013. W TDavid Greene, City Manager VIA: Todd Morley, Community and Economic Development Direct4::I� FROM: Joy Lombardi, Code Enforcement Board Secretary MOREEMSEEM35ME Ii 111:111511 PlIgIIIIII 1 11 11111111 lliiiq S4-(XSRtCUIPII 1111- PfLIJAMINI Wi a <771FOX I -XVII 111 UO 1191V 1141151AII hundred fifty dollars ($401,750.00). Federal National �Mortgage Association, property owner, requested the satisfaction oif the Code Enforcement Board lien in full due to the fact that they were not the owners at the time olf the violation and the property is in compliance. The Board unanimously recommended that City Council reduce the outstanding lien to ten thousand dollars ($1 0,0i00.00).