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HomeMy WebLinkAboutItem #13 Request for Reduction of Fine - Aluminum & More Inc & Carolyn B. Mitchell TR. AGENDA ITEM COVER SHEET Meeting Date: April 3, 2007 Item # IS J .1 ,~~ Contact Name: Contact Number: Ralph W. Jones III (407) 90S-3104 Reviewed By: Department Director: City Manager: Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 06-102, Aluminum and More Inc & Carolyn B. Mitchell TR. Background Summary: On August 8, 2006, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 332 Maguire Rd, Ocoee, Florida. The violations observed were installation of a fence without first obtaining a required permit and an accumulation of miscellaneous trash and debris. A notice of code violation was sent to the property owner on August 8, 2006. A re- inspection of the property on August 2S, 2006 revealed the property remained in non-compliance. A Notice of Hearing was sent to the property owner to appear at the Code Enforcement Board on September 26, 2006. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until October 10, 2006 to comply or pay a fine of $100.00 per day until the property was brought into compliance. The property was re-inspected on October 17, 2006 and found in non- compliance. An affidavit of non-compliance was issued on October 17, 2006. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on October 24, 2006. The fine accrued daily until the property was inspected on December 1S, 2006 and found in compliance. The total amount of the fine is $6S00.00. The attached synopsis outlines this case in more detail. The Code Enforcement Board imposed this fine due to the owner's continued negligence of installing a structure without first obtaining a permit. Issue: Should the Honorable Mayor and City Commission consider the property owner's request for a reduction of fines and release of lien on Code Enforcement Board Case No. 06-102 established on October 24, 2006, at 332 Maguire Rd.? Recommendations: The Code Enforcement Board denied to hear the request to reduce the fine and deferred the decision to the City Commission. A statement was made at the Board meeting that the Board would not support a reduction. Attachments: Request for Re-Hearinq/Reduction of Fine Form, Affidavit of Compliance Form, and Order Imposinq Fine and Lien. Financial Impact: A waiver of all fines as requested by the Respondent would not compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an .x') _ Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ----x- Commission Approval Discussion & Direction For Clerk's Deot Use: _ Consent Agenda Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk ~ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. ~ Reviewed by ( ) 41~------ ~ 2 X N/A X N/A N/A CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. Db /0 J... REQUEST FOR RE-HEARING/REDUCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you are requesting a reduction of fine. Please fill this form out completely. Be specific when writing your statement. Please return this form to the Code Enforcement Board Clerk within 15 days prior to the next regularly scheduled Code Enforcement Board Meeting. The request will then be presented to the Board at the next regularly scheduled meeting for consideration. If you have any questions, please call the Code Enforcement Board Clerk, Carmen D. Ramos at (407) 905-3100 extension 1002. Check one: [ ] Request for Re-hearing P(I Request for Reduction of Fine Property Owner's Name Clftt", ( YIf/ /3 .fYl / rc 1m t... , Property Address #. J.3 a l)1a ItA ,;..~ tf2 t' - 0 ClJel:: Phone Number where you can be reached during the day? t/o 7 :; t:, tJ - 7330 Is the property now in compliance 1 Yes _No (if no, explain in detail) If the property owner is unable to complete this form, list name of person who is authorized to act for the Property Owner, their relationship, and attach notarized power-of-attorney: :JIm /J1/12!-h!7 L - f/t.-<s 1111;-,/ /J S 7C!//I!/J1 t1?Jla L oS 6 J#' Date of original CEB Meeting q - a ~ - 0 {,o Compliance Date Specified i Board , 0 -10 - 0 tI Penalty Issued by Board .., /00. a 7J ~ 1:>7 You are encouraged to attend the next Board meeting on the date scheduled so that you can be present while your request for a re-hearing or fine reduction is considered. If you are present, and the Board grants a re-hearing, the Board may decide to permit you to present your case that night, or may decide to re-hear your case on a subsequent date for which you will be provided notice at a later date. If you are not present you will be notified of the Board's decision on whether or not to grant you a re- hearing, and if a re-hearing is granted, you will be notified for your re-hearing. You are encouraged to bring any evidence for Board consideration with you. Page 1 of2 JO~ 7Dv.t~ 460Q 015 I, SJtlZ'2F /JJ /fClk7 L- , do hereby submit this Petition in request for a [ ] Re-Hearing or .P:kReduction of fine and in support offer the following new evidence: ;/;11: 'Te7v;vIhvT ((/4LU/11/p/lAfh t-/J1()/Z.~11 lIAr af'l II- P/;.f1/ct!" 0# T1-1e:: ISIJ-c(c. of OtA.te J)iA/(...f}lwc;.. 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HAYNIE, COMPTROLLER ORANGE COUNTY, FL 12/07/2006 02:29:15 PM REC FEE 27.00 CITY OF OCOEE, Petitioner, v. Aluminum & More Inc. & Carolyn B. Mitchell TR. Respondent, For Recording Purposes Only I ORDER IMPOSING FINE AND LIEN This matter was heard this date on Petitioner's Affidavit of Non-compliance, and on the evidence presented, a motion having been duly made, seconded and approved by a majority, but not less than four of the Board members present, it is ADJUDGED that: 1. You, Aluminum & More Inc. & Carolyn B. Mitchell TR., have failed to comply with the order of this board dated September 26, 2006, which required you to correct the following violation(s) to comply with the Code of the City of Ocoee, Florida by October 10, 2006, and the following violation(s) continue to exist or continued to exist until the date indicated: Section of Code Violated Description Date Corrected ~ 115-3. Prohibited acts. [Amended 4-20-1999 by Ord. No. 99-22; 11-2-1999 by Ord. No. 99- 35] No person shall allow to remain or allow to be dumped, placed, accumulated or otherwise located on lands or premises owned, rented, leased or controlled by such person within the city any nuisance and menace to public health, safety and welfare, nor shall any person, after notice as provided in SS 7-6 and 7-10 of the Code that a nuisance and menace to public health, safety and welfare exists on lands or premises owned, rented, leased or controlled by such person within the city, maintain or fail to remove such nuisance and menace to public health, safety and welfare. ~ 51-13. Permits required. It shall be a violation of this chapter for any person to do any work related to building, electrical, plumbing, mechanical, swimming pool or other type of construction work without first obtaining a permit therefore from the Building Department. Notwithstanding the foregoing, nonrecurring, routine or minor household maintenance activities within residential zones are exempt from the provisions of this section. Observation: Fence without permit (Aluminum & More); and misc. trash and debris, including dumpster placed on adjoining property near retention pond. Remedial/Corrective action: Obtain fence permit at City Hall, Building Department or remove fence, and (ensure) relocate dumpster to your property and remove all trash and debris. 2. Such violation(s) exist at the following described property: Address: 332 Maguire Road Legal Description: 19-22-28-1114-00-010 3. You will pay the CITY OF OCOEE, FLORIDA, the sum of $100.00 per day, for each day from the date set for compliance to the date of correction if a date of correction is shown above, or if violation is indicated as uncorrected, until you correct the violation and give the City written notice that you have done so. If paragraph 1 indicates all violations have been corrected, the total amount of your fine is $ 4. A certified copy of this order may be recorded in the Public Records of Orange County, Florida, and shall constitute a lien against the above described property and upon any other real property of personal property owned by the Respondent, pursuant to Sections 162.08 and 162.09, Florida Statues. 5. Information regarding this Order may be obtained by contacting the Code Enforcement Division of the City of Ocoee, A Florida Municipal Corporation, having an address of 150 North Lakeshore Drive, Ocoee, Florida 34761. DONE AND ORDERED at Ocoee, Florida, this October 24, 2006. OF THE By: Robert Godek, Chairman THE PROPERTY OWNER IS HEREBY NOTIFIED THAT THIS ORDER IMPOSING FINE SHALL BE RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, UNLESS THE PROPERTY OWNER FILES A REQUEST FOR HEARING BEFORE THE OCOEE CODE ENFORCEMENT BOARD WITHIN TWENTY DAYS FROM THE DATE OF THIS ORDER IMPOSING FINE AND LIEN. State of Florida County of Orange Subscribed before me this !f S- me n did not t~e an oath. By\.lJ~ t)_ ~~ Notary Public (Seal) , October 2006, by Robert Godek, personally known to i~"~ Carmen 0 Ramos "' ~ ; My Commission 00293894 o,,,"o~ Expires May 29, 2008 CODE ENFORCEMENT BOARD OF THE CITY OF OCOEE, FLORIDA CASE NO. 06-102 CITY OF OCOEE, Petitioner, v. Aluminum & More Inc, and Carolyn B. Mitchell TR. Respondent, / AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF ORANGE Before the undersigned authority this date personally appeared R. Siegrist, who, being first duly sworn, deposes and says: 1. I am the Code Enforcement Officer for the City of Ocoee, Florida, and have personal knowledge of the facts set out below. 2. On September 26, 2006, the Code Enforcement Board held a public hearing and issued its Order in this matter, pursuant to which Respondent was to have taken corrective action by October 10, 2006. 3. I have conducted a re-inspection of the property where the violation(s) existed, and I found that as of December 15, 2006, the corrective action ordered by the Code Enforcement Board has been taken. eanf7~-+- By: ~O~bed before me this 15" day of September 2006, by Robert Siegrist, [Xl personally known B. .~(lA~Q Notary Public Print Name: Carmen D. Ramos State of Florida at Large (Notary Seal) ~ ~ Carmen 0 Ramos !.~ ~ My Commission 0029389<' "~i' Expires May 29, 2008 Of'"