HomeMy WebLinkAboutVI (D) Discussion/ Action re: City v. Jerry Jones Agenda 7-15-97
FOLEY & LARDNER ItemVID
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SAN DIEGO
JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO
LOS ANGELES 111 NORTH ORANGE AVENUE, SUITE 1800 TALLAHASSEE
MADISON ORLANDO, FLORIDA 32801-2386 TAM PA
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SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH
WRITER'S DIRECT LINE
MEMORANDUM
To: The Honorable Mayor and City Commissioners
of the City of Ocoee
From: John R. Hamilton, Esq. , Assistant City Attorney
Through: Paul E. Rosenthal, Esq. , City Attorney
Date: July 9, 1997
Re: Jerry L. Jones v. City of Ocoee,
Case No. CVA-93-18
The City' s Code Enforcement Board, on May 25, 1993 , entered an
order finding Jerry L. Jones to be in violation of Article V,
Section 5-4 .H of the City of Ocoee Land Development Code.
Specifically, the Board found that Mr. Jones was improperly
maintaining a fence within a "safe site triangle" that is required
by the Code to be free from walls, fences, signs, structures, or
plant growth that obstructs sight lines. Upon Mr. Jones ' s failure
to remove the fence, the order also imposed upon Mr. Jones a fine
of $25. 00 per day, starting July 30, 1993 , until the fence was
removed.
Mr. Jones did not remove his fence, and he appealed the
Board' s decision. After lengthy proceedings, the circuit court, on
December 9, 1996, rendered a final decision upholding the Board' s
order. The time within which Mr. Jones could potentially seek
further appellate review has expired.
Mr. Jones continues to maintain his fence, and he has never
paid any of the fine imposed upon him. At the rate set forth in
the Board' s order, the principal amount of the fine totaled
$35, 275. 00 through June 10, 1997 .
The Code Enforcement Board has recently entered a formal
order, pursuant to Section 162 . 09 (3) , Florida Statutes, authorizing
the enforcement of the fine against Mr. Jones. Since the property
on which the fence is located is homestead, it will be necessary to
pursue other assets for payment of the fine.
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON, PARIS,SINGAPORE,STUTTGART AND TAIPEI
The primary objective of the City is to have the fence removed
so that the property will be in compliance with Code. Collection
of the fine does not result in removal of the fence. In order to
do so it is necessary that the City commence a judicial action
against Mr. Jones to compel him to remove the fence. The City
Manager has requested that we seek the necessary authorization from
the City Commission.
RECOMMENDATION
It respectfully is recommended that the City Commission
authorize the City Attorney to commence a judicial action against
Jerry L. Jones and any other persons having an interest in the
property in order to compel removal of the fence located at 801
West Harbour Court, Ocoee, Florida.
cc: Ellis Shapiro
Don Flippen
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