HomeMy WebLinkAboutVII(D) Request for Reduction of Fines and Liens Case No. 02-063 McCoy •
Agenda 10-07-2003
Item VII D
Mayorthe center of Good Li`igCommissioners
S. Scott Vandergrift „,. .+1�s-.� Danny Howell, District 1
Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Jim Gleason Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: James A. Phelps, Building Official
DATE: September 30,2003
RE: Request for Reduction of Fine
Gilbert R. McCoy
Code Enforcement Case No. 02-063
ISSUE
Should the Honorable Mayor and City Commission consider a reduction of fines and release of lien on
Code Enforcement Board Case 02-063, Gilbert R. McCoy?
BACKGROUND/DISCUSSION
Gilbert R. McCoy was found to be in violation of various city codes by the Code Enforcement Board on
January 28, 2003; an order was issued for compliance by March 14, 2003, or a fine in the amount of
$100.00 per day was to be assessed. On March 14, 2003, Edward Loeffler, Code Enforcement Officer
determined that certain violations continued. On March 25, 2003, an order imposing the prescribed fine
was issued and recorded in the official records of Orange County.
The property is in compliance as of August 19, 2003, per affidavit of Edward Loeffler, Code
Enforcement Officer. Fines accrued to a total of$15,700.00 before the property was determined to be in
compliance. No cost was assessed as provided for in Chapter 162.07 Florida Statutes and no interest is
added.
The violations occurred at 375 Enterprise Street, Ocoee. The property is owned by but is not the
residence of Gilbert R. McCoy.
Gilbert R. McCoy requested a reconsideration of the accumulated fines and asks that they be reduced.
His request was presented to the Code Enforcement Board at their regular meeting September 23, 2003
for a recommendation to the City Commission as follows:
First motion,to reduce the fine to$500.00,Failed 5 to 2. Second motion,to reduce the fine to
$106.00(based on time spent by the Code Enforcement Officer and Building Official), Passed 5
to 2.
RECOMMENDATION
I v
It is my opinion that this case should not be reduced to $106.00 because that amount does not represent
the cost to the city as provided for in Chapter 162, Florida Statutes. The cost that should be considered is
the time in man hours utilized by the Code Inspector, Building Official, Board Clerk, City Clerk, Board
Attorney, and fees to record and release the lien. Time utilized by staff is a combination of normal
working hours and overtime for hearing before the Code Enforcement Board.
It is my recommendation that the fine be reduced to $500.00, per the first motion of the Code
Enforcement Board, (this amount should cover actual cost incurred) and must be paid by October 27,
2003, (20 days)or the fme reverts to the full amount.