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HomeMy WebLinkAboutItem #04 Request for Reduction of Fine - CEB Case No. 01-004 (Moore) AGENDA ITEM COVER SHEET Meeting Date: 5-15-07 Item # If Contact Name: Contact Number: Ral h W. Jones III 407 -905-3104 Reviewed By: Department Director: City Manager: Subject: Request for Reduction of Fine Code Enforcement Board Case No. 01-004, Ricky L Moore & Sharon R Moore Background Summary: On December 29. 2000, Code Enforcement Supervisor Ed Loeffler observed violations of city code on the property located at 578 W. Silver Star Road, Ocoee, Florida. The violations observed were a condemned building, public nuisance, trash and debris littering property, three junk vehicles and dilapidated accessory shed. A notice of code violation was sent to the property owner on February 1, 2001. A re-inspection of the property on April 4. 2001, 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 April 24, 2001. A Demolition Order was issued by the Code Enforcement Board authorizing the city to demolish. The City hired Lott Construction Services Inc to demolish the structure on September 24, 2001; the cost of this was $3,300.00. The total amount of the fine including interest is $6,631.87 as of May 3, 2007. Issue: Should the Honorable Mayor and City Commission consider the property owner's request for a reduction of fine on Code Enforcement Board Case No. 01-004 established on December 29,2000, at 578 W. Silver Star Road? Recommendations The Code Enforcement Board recommends reduction to $3,300.00, total fees for demolition and to waive interest if paid within 30 days of commission approval or revert back to include interest. It is staff's recommendation to support the decision made by the Code Enforcement Board. Attachments: Reauest for Re-Hearina/Reduction of Fine Form, Demolition Order, and Notice of Claim of Lien. Financial Impact: A waiver of the interest as requested by the Respondent would reduce the compensation to the city for cost associated with the demolition and time in processing this case. Type of Item: (please mark with an "x") Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's Deoi 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 0 x N/A x N/A N/A . . 1- . p.e CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. 01-004 REQUEST FOR REDUCTION OF INTEREST ~Ulttr~Ii1~~ 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 fonn 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, Brandy Everett at (407) 905-3100 extension 1002. Check one: [ ] Request for Re-hearing [X) Request for Reduction of~ Interest Property Owner's Name Robert T. Watson & Sandra L. Watson, Trustees under the Watson Family Trust dated July 29, 2004 Property Address 578 Silver Star Road, ()cnpp, FI. 14701 Phone Number where you can be reached during the day? 407 947-9067 Is the property now in compliance ~ Yes _No (if no, explain in detail) If the property owner is unable to complete this fonn, list name of person who is authorized to act for the Property Owner, their relationship, and attach notarized power-of-attomey: John W. Rodgers, At.t.nrnpy at: T.riT.r, 304 R. Colonial Drive, Orlando, FL (407) 423-3401 ext. 25 32801 Date of original CEB Meeting . Compliance Date Specified by Board Penalty Issued by Board Notice of Claim of Lien dated January 30, 2002 wi th 18% interest 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 presellt your case thut 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, alld if a re-hearing is grunted, you will be notified for your re-hearing. YOIl are encouraged to bring any evidence for Board consideration with you. Page] of2 I, Robert T. Watson, do hereby submit this Petition in request for a [x] Reduction ofInterest on Lien and offer the following: On April 18, 2007, we purchased property owned by Ricky L. Moore which is subiect to a Claim of Lien in favor or the City of Ocoee. Copy of Notice of Claim of Lien is attached. Co- owner, Sharon R. Moore, deeded her interest in the property to her brother, Ricky L. Moore, by Personal Representatives' Deed dated November 30, 2000 and recorded December 12,2000 in O.R. Book 6147, Page 4798, public records of Orange County, Florida.. We, Robert T. Watson and Sandra L. Watson, Trustees of our family trust, have been property owners, tax payers and in business in the City of Ocoee for many years. We bought the Moore property which is adiacent to our property to square off the boundary of our property. We are paying all past due taxes (5 years) on the property. As the new owners of the property, we will maintain it, pay taxes in a timely manner and comply with all laws and regulations of the City of Ocoee. We are requesting, as the new owners of the property, that the 18% interest charged on the 3300,00 lien since Se tember 24 2001 be waived. Date: April 18, 2007. Signed: ROBE T T. WATSON, Co-Trustee of the Watson Family Trust dated July 29,2004 Page 2 of2 CODE ENFO 2MENT BOARD OF THE CITY OF OCOEE, FLORIDA CASE NO. 01-004 CITY OF OCOEE, Petitioner, v. Ricky L. Moore & Sharon R. Moore Respondent, / ORDER AUTHORIZING FOR DEMOLITION OF STRUCTURE This matter was heard this date Petitioner's application for Demolition of Structure, 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: The property located at 578 W. Silver Star Road per Orange County Property Appraisers Office Records: Further described as:402'A' Sydney Avenue per City of Ocoee Records. Further described as: Unknown Street of Lot 12 block C of the Hickey Subdivision. G-69 Further described as: Section 18, Township 22, Range 28, Area 3544, parcel#03-l20. Ocoee, Florida 34761, is in violation of Chapter 108-35 Public Nuisance; and furthermore, that the Petitioner has presented evidence that the property is abandoned and neglected and that the condition(s) constituting a danger or nuisance to the public cannot be made safe. Pursuant to F.S.S. 162.09 and Code of the City of Ocoee Chapter 108.41(E); this Code Enforcement Board orders the City of Ocoee to take remedial action by demolition of the structure at 578 W. Silver Star Road per Orange County Property Appraisers Office Records: Further described as:402'A' Sydney Avenue per City of Ocoee Records. Further described as: Unknown Street of Lot 12 block C of the Hickey Subdivision. G-69 Further described as: Section 18, Township 22, Range 28, Area 3544, parcel#03-120. Ocoee, Florida 34761 and therefore remedying the conditions constituting a nuisance to the public. DONE AND ORDERED at Ocoee, Florida this April 24, 2001. By: ., 4-Q~ State of Florida County of Orange Subscribed before me this 26th day of April 2001 by John H. Linebarier who is personally known ~me and did not take an oath. atvv~ ~t~ Notary Public State of Florida at Large CARMEN D. RAMOS MY COMMISSION # CC 940654 EXPIRES: May 29, 2004 .' Bonded TIvu Notary Public Underwrile.. -.~ ,... ".. __ _ /lIIlIlIllllllllIllllllll! III UK Ot\ 645121 Pg 1 B06 Oranqe Co FL 2002-0061491 02/05/2002 09:48:06am Rec 1'3.50 THIS INSTRUMENT SHOULD BE RETURNED TO: Shelly Simon, Code Enforcement Supervisor City of Ocoee 150 North Lakeshore Drive Ocoee Florida 34761 City ofOcoee File Number: 01-004 Tax Parcel Identificfltion Number(s): 18-22-28-3544-03-120 NOTICE OF CLAIM OF LIEN BEFORE ME, the undersigned authority, personally appeared Shelly Simon, who, being duly sworn, says: 1. That she is the Code Enforcement Supervisor of the City of Ocoee, a Florida Municipal Corporation, (the "City") having an address of 150 North Lakeshore Drive, Ocoee, Florida 34761. 2. That to the best of her knowledge and belief Rickv L. Moore & Sharon R. Moore (hereinafter referred to as the "Owner") is/are the record owner(s) of the following described real property located in Orange County, Florida. See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property") 3. That the City Manager or his designee found and determined that a public nuisance existed on the Property and pursuant to Chapter 115 of the Code of Ordinances of the City of Ocoee on September 24, 2001 caused the public nuisance to be'remedied and incurred expenses in connection therewith which expenses are the financial responsibility ofthe Owner of the Property. 4. That the Owner ofthe Property has failed to pay the following by the due date established pursuant to Section 115-1 O( a) of the Code of Ordinances of the City of Ocoee (check as applicable): [X] $3.250.00 for costs incurred by the City in remedying a public nuisance relating to Demolition of a building & removal of the related rubble, pursuant to Chapter 115 of the Code of Ordinances of the City of Ocoee; [ ] $ for costs incurred by the City in remedying a public nuisance relating to an abandoned or unsafe swimming pool pursuant to Chapter 115 of the Code of Ordinances of the City ofOcoee. ~ . 11I/11111111111111/1 1/11I1111 OR_L.. 6450 Pg 1807 urange Co FL 2002-0061491 5. That Section 115-10 of the Code of Ordinances of the City of Ocoee proyides that the unpaid charges referenced above, along with all administrative expenses, any administrative penalty, and interest accruing thereon at the rate of eighteen percent (18%) per annum from the date of the remedial action taken by the City, will result in a special assessment lien and charge upon the Property and authorizes the filing of a notice of lien against the property in order to give notice to all persons that the City is asserting a lien upon the property. 6. That information regarding this Notice may be obtained by contacting the Code Enforcement Supervisor. Shelly Simon, at the address indicated III Paragraph 1 above. WHEREFORE, pursuant to Section 115-10 of the Code of Ordinances of the City of Ocoee, notice is hereby given that the City of Ocoee claims a special assessment lien in the amount of $ $3.300.00 on the property, which lien shall also secure all interest, administrative costs and any administrative penalty, including but not limited to reasonable attorneys' fees and costs, to become due and payable henceforth until payment in full of same. DATED this ST ATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was sworn and subscribed before me this 30th day of January, 2002, by Shelly Simon, Code Enforcement Supervisor for the City ofOcoee, a Florida Municipal Corporation, on behalf of such municipal corporation and [X ] who is personally known to me or [ ] produced as identification. ,"-:;'!/'~'..., CARMEN D. RAMOS ~~'1J::'r? ~:~~;} MY ~~~~~~~y~~:654 ,.:",:r.i!f..r,.'t'. Bonded ThMl Notary Public Underwrite.. (J~~ Notary Public Carmen D. Ramos (Seal) 'i ().",/; STA TE OgFLORlpA.". C;OUNTYOF. ORANGE, CITY OF OCOEE Y:':: J.,.,! .,:"- : -,- ,:';' >_: . :.,', ','. .,:". '-', ;;"-.. "',::_-, .,.::....' ,.: I hereb~Y9.ettif:Y'~~l1fthef9reg()iJ;1gjsa true and complete copy of the original document on file in the Code Enfor ment:()f~~~fthe' ':;i?f9coee. Witness my hand and official seal this 30th day of January, 2002. I ",', A;!T:' {;~: /.~. . r~ ",.,,;.,?~\, Jean Grafton, City Clerk By: