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HomeMy WebLinkAboutItem #07 Request for Reduction of Fine/Lien AGENDA ITEM COVER SHEET Meeting Date: October 16, 2007 Item # 7 Contact Name: Contact Number: Ralph W. Jones III (407) 905-3104 Reviewed By: Department Director: City Manager: ~--- Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Bqard Case No. 06-078, Jarnes.F. Miller Requestor - Four Corners Associates, Inc. & Soamar, Inc. Background Summary: On July 06, 2006, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the property located at 1408 Wanda Street, Ocoee, Florida. The violations observed were overgrown grass/weeds front and back of property. A notice of code violation was sent to the property owner James F. Miller on July 6, 2006. A re-inspection of the property on July 21, 2006, revealed the property remained in non-compliance. A Notice of Hearing was sent to the property owner James F. Miller 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 $50.00 per day until the property was brought into compliance. The property was re- inspected on October 11, 2006 and found in non-compliance. An affidavit of non-compliance was issued on October 11, 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 and deemed in compliance on June 14, 2007, during a Minimum Housing Inspection. The total amount of the fine is $11,600.00 effective June 1, 2007, which is the day the new owners, Four Corners Associates, Inc. & Soamer, Inc. purchased the property. The Code Enforcement Board imposed this fine due to the owner's continued negligence in correcting the poor appearance of the property. The property located at 1408 Wanda Street, previously owned by James F. Miller, was foreclosed upon due to the death of Mr. Miller. The City's lien should have been part of this foreclosure action but appears was inadvertently omitted from foreclosure action. The attached Case History outlines this case. Issue: Should the Honorable Mayor and City Commission consider the new property owner's request for a reduction of fines and release of lien on Code Enforcement Board Case No. 06-078 established on July 06,2006, at 1408 Wanda Street? Recommendations: The Code Enforcement Board recommended the property owner's request for a reduction of fines to $1,000.00 if paid within 30 days of City Commission approval or it will revert back to $11,600.00. It is staff's recommendation to support the decision made by the Code Enforcement Board. Attachments: Request for Re-Hearing/Reduction of Fine Form, and City Code Enforcement Board Case #06-078 Case History. Financial Impact: A waiver of fines as requested by the Respondent would compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an "x'1 Public Hearing Ordinance First Reading _ Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's DeDt Use: Consent Agenda Public Hearing Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 2 X N/A X N/A N/A CITY OF OCOEE CASE HISTORY RESPONDENT: James F. Miller CASE NUMBER 06-078 Location/address: 1408 Wanda Street, Ocoee Violation Cited: 115-5 Officer: T. Rodriauez Date Observed: Julv 06. 2006 ComDliance Date: 07-20-06 Service Type: Mail (7005 0390 0003 6303 7341) Received on: UNCLAIMED Service TYDe: Mail (7004 0550 000120926834) Received on: UNCLAIMED Observation: Tall weeds/2rassfront and back property. DOCKET 07 -06-06 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07-21-06 CDR 07-27-06 STATEMENT OF VIOLATIONS CDR 07-27-06 NOTICE OF HEARING MEETING DATE: 08-22-06 CDR 07-31 06 PROOF OF SERVICE CERTIFIED MAIL CDR 08-03-06 PROOF OF SERVICE REGULAR MAIL CDR 08-03-06 PROOF OF SERVICE POSTING CDR 08-22-06 ORDER OF CONTINUANCE CDR 08-25-06 NOTICE OF HEARING MEETING DATE: 09-26-06 CDR 08-25-06 PROOF OF SERVICE CERTIFIED MAIL CDR 09-07 -06 PROOF OF SERVICE REGULAR MAIL CDR 09-07 -06 PROOF OF SERVICE POSTING CDR 09-26-06 COMPLIANCE ORDER GIVEN UNTIL 10-10-06 OR PAY CDR $50.00 PER DAY 10-11-06 AFFIDAVIT OF NON-COMPLIANCE CDR 10-24-06 ORDER IMPOSING FINE & LIEN AS OF 10-11-06 CDR 09-25-07 REQUEST FOR REHEARING/ FINE AMOUNT $11,600.00 BLE REDUCTION OF FINE 09-25-07 CEB RECOMMENDATION RECOMMENDS REDUCING FINE BLE FOR COMMISSION TO $1000.00 IF PAID WITHIN 30 DAYS FROM COMMISSION APPROV AL. CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. 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, Brandy L. Everett at (407) 905-3100 extension 1002. Check one: [ ] Request for Re-hearing ~quest for Reduction of Fine Property Owner's Name 1bOil- ~ .f,-~ ~t;S me, ~ ~,\.'<2- Property Address '\ '~()fs lu.~,,~ ~~~\ c)COF\3_ 1=l-D~~ Phone Number where you can be reached during the day? ( \.-\c:R-) q Co ~ q\ ~ ~ Is the property now in comPliance~ _No (ifno, 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: Date of original CEB Meeting 9- ;J. ~ -0 (", Compliance Date Specified by Board 16 -10 - 0 (w Penalty Issued by Board 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 "F00RCD~ h~\ '^\~ \)-..\c....., I, ~~~ ~'L\JA-, do hereby submit this Petition in request for a [ ] Re-Hearing or [ ] Reduction of fine and in support offer the following new evidence: ~~:~~~ nAD ~~ 'h~n~ Date:OC\ - \ ()--o B-- Page 2 of2 Four Comers Associates, Inc. & Saomar, Inc. 13494 Falcon Point Drive Orlando, Florida 32837 407 -963-9123 Attention: Brandy 1. Everett Code Enforcement Board, City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Regarding: lien on property located at 1408 Wanda Street, Ocoee, Florida Dear Ms. Everett, On May 31, 2007, our company, Four Comers Associates and Saomar, Inc., purchased the property located at 1408 Wanda Street in Ocoee. The purchase was made at the Orange County Courthouse in a foreclosure hearing. At the time, we were unaware of any liens registered against the property. Following the purchase of this home, we made improyements to the property including new paint, new carpet, and new landscaping. The entire yard was completely oyergrown. Indeed, entering the backyard was a challenge. We removed a load of debris, including an old shed and above-ground pool pump. Over the course of a month, as we worked on our repairs, several residents from this neighborhood came to thank us for making the improvements and added their belief that our efforts would certainly improve the overall look of their neighborhood and thereby raise their own property value. While we feel sympathy for the family of the previous owner who died and left the property in disrepair, we feel we have done a service for this community. As we ourselves are a small group of investors, we would like to ask you to consider remoying the $11,600.00 lien which was placed upon this property for failing to keep the grass mowed during the time it sat vacant (prior to it's foreclosure). Thank you so much for your consideration in this manner. Nelson Silva Four Comers Associates, Inc. Saomar, Inc.