The URL can be used to link to this page

Home My WebLink AboutItem #11a Code Enforcement Board Case No. 05-024 AGENDA ITEM COVER SHEET Meeting Date: December 18, 2007 Item#_\\ A Contact Name: Contact Number: Ral h W. Jones "' (407) 905-3104 Reviewed By: Department Director: City Manager: Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 05-024, Denver R. and Dean Harper. Background Summary: On February 01, 2005, Code Enforcement Officer Theresa Braddy-Bagwell observed violations of city code on the property located at 39 Eagle Key Court, Ocoee, Florida. The violations observed were Dilapidated, uninhabitable dwelling I mobile home. All windows and doors are either broken or missing, leaving the trailer continuously accessible to the public. There is roof damage, interior floors are damaged, and rotted. The interior walls and interior doors have been destroyed. Interior and exterior electrical service is water damaged, exposed to the elements. A noxious odor coming from the inside of the mobile home unduly annoys the surrounding community. On the lot: is misc. trash and debris, a half torn down fence and overgrown weeds and grass., A notice of code violation was sent to the property owner Denver R. and Dean Harper on February 10, 2005 and April 8, 2005 A re-inspection of the property on March 09, 2005 revealed the property remained in non- compliance. A Notice of Hearing was sent to the property owner Denver R. and Dean Harper to appear at the Code Enforcement Board on April 26, 2005. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until May 24, 2005 to comply or pay a fine of $250.00 per day until the property was brought into compliance. The property was re-inspected on May 25, 2005 and found in non-compliance. An affidavit of non-compliance was issued on May 25, 2005. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on June 28, 2005. The fine accrued daily until the property was re-inspected on July 07, 2007 and found in Compliance. The total amount of the fine is $10,500.00. The Code Enforcement Board imposed this fine due to the owner's continued negligence in correcting the poor appearance of the property. 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. 05-024 established on February 01,2005, at 39 Eagle Key Court.? Recommendations: The Code Enforcement Board recommended no reduction to the property owner's request for a reduction of fines. It is staff's recommendation to support the decision made by the Code Enforcement Board. Attachments: 05-024 Docket and Request for RehearinQI Reduction of fine Financial Impact: The recommendation of the Code Enforcement Board would compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an "x'7 Public Hearing - Ordinance First Reading _ Ordinance Second Reading Resolution -L Commission Approval Discussion & Direction _ 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 ( ) 2 For Clerk's Deot Use: Consent Agenda _ Public Hearing _ Regular Agenda X N/A X N/A N/A RESPONDENT: CITY OF OCOEE CASE HISTORY Denver R. Harper 50% Int. And Dean H er Inc. 50% Int. Location/ address: Court,Ocoee Violation Cited: 108-35 Officer: Date Observed: Feb 1,2005 Service Type: Service e: CASE NUMBER 05-024 Com Iiance Date: 03-01-05 Mail (7002 3150 0003 77009608) Received on: 04-11-05 Mail (7002 3150.0003 7700 9615) Received on: 04-11-05 Observation: Dilapidated, uninhabitable dwelling / mobile home. All windows and doors are either broken or missing, leaving the trailer continuously accessible to the public. There is roof damage, interior floors are damaged, and rotted. The interior walls and interior doors have been destroyed. Interior and exterior electrical service is water damaged, exposed to the elements. A noxious odor coming from the inside of the mobile home, unduly annoys the surrounding community. On the lot: is mise trash and debris, a half torn down fence and over rown weeds and rass. DOCKET 02-10-05 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03-09-05 CDR 03-10-05 STATEMENT OF VIOLATIONS 03-10-05 NOTICE OF HEARING 03-10-07 PROOF OF SERVICE 03-22-05 WITHDRAWN 04-08-05 STATEMENT OF VIOLATIONS 04-08-05 NOTICE OF HEARING 04-08-05 PROOF OF SERVICE 05-24-05 COMPLIANCE ORDER 05-25-05 AFFIDAVIT OF NON-COMPLIANCE 06-28-05 ORDER IMPOSING FINE 07 -07 -05 AFFIDAVIT OF COMPLIANCE 11-27-07 REQUEST FOR REHEARING/ REDUCTION OF FINE CDR MEETING DATE: 03-25-05 CERTIFIED MAIL CDR CDR MEETING DATE: 04-26-05 CDR CERTIFIED MAIL CDR GNEN UNTIL 05-24-05 OR PAY CDR $250.00 PER DAY CDR $250.00 PER DAY CDR TOTAL DUE: $10.500.00 CDR BOARD RECOMMENDS NOT TO BLE REDUCE. ~'" \.." 19 ~,,",m , . ~ . r - 9 2 ~ A!.I L 'J 0 f,: : J \ ;'lr \.:'. vv D / 1. I CODE ENFORCEMENT BOARD CITY OF OCOEE ISO NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. CJ.J--<))~'1 REQUEST FOR RE-HEARINGIREDVCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you arc requesting It reduction of fine. Please fill this fonn out completely. Be specific when writing your stalcmcnL. Please rctwn this {onn to the Code Enforcement Board Clerk within 1 S days prior to the next regularly scheduled Code Bnfor"lDenl Board Meeting. The request will then be presented to the Board at the neltl regularly scheduled meeting for consideration. If you have any questiODS. please call the Code &fOl'CCmcnt Board Clerk, Brandy Bvercl.t at (407) 905.3100 extension 1002. Check one: [ J Request for R..e-bearing [~equest for Reduction of Fine Property Owuer's Name ..tJ-qt fY (" PropertyAddresh '( ~ i' <&f.. fey (Ad; IJff)~ FL- Pbone Number where you can be reached during the day? Vt?? 7- Rf 6-1 1.1 r Is the property now in compliance K 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-anomey: Date of origiml CEB Meeting Compliance Date Specified by Board PCllAlty Issued by Board You art encolll'tlgtd to iUtend the next BOllrd meeting on tIr. tlrlle scheduled so thrll you can be present while your request for " r~"earlIIg or flne reductWn is consideNd. If you Ill" present, anti the BORrd gr",,~ " 1'.-heGrin" the Board may dedde to pemrit you 10 prnen' Jlour cue that night, or IftllJ1 det:iJle to I'e-hear your case on " subsequent tlllte for wlrlch you will b, provided noticlt at a lGler dau. If you (Art not pr.sent you wUI be nt1t1jkd (Jf Ihe Board's d"ision on whether or nol 10 ,rllnt you II rt- heaTh", alllllf a re-hellrlng i& "anted, YOIl will be nolif'led fo, ,OU, re-helll'ln,. You al'8 B1teourrzgBd 10 bring rIRY eYUlenCB for Board conllderlUion wilIr you. Page) of2 p. 1 NO\;\Jv. I~. LijiJ/l: ~:LCr'.i ,- ""..'f'_' \,.', V vv I , , I, ./. do hereby submit this Petition in request for a ( ] Re-Hearing or~eduction affine and in support offer the following new evidence: fJ1 J fr':.1./ t!' """- h ~ ~ J.,,:' oJ -f 'if:, oJ r)A Date: Page 2 of2 F.2 , ,---. "j'" ~a 11\::.. ';j, in!: j.,.A"a72SS15':! .. ., I"". l \J \I, 1 t J I "'" , ..... (' "': :\ :', eve f .h 7C6! . '. i. 132 p, 1 POWER OF AnOR~v TIft UNDRIWt.!Nm EMMBT DEAN HARPER. by tbia Pawerot ACIDtney. docs henb)' IIppOiII, CODIti1ute1Dd dcsigMla Jolin C. EDIldmdt. Eaq., to be ad act.. his tme aDd lawful A~ Ax him and in JdI pI_aDd ItMd tar tho P'IIPGIO ofrakiDg aJt.Y aacl aIlIWoa of'1Il)' Utarc DCClllIIIY on his bUIltin regm1 to lIE ~ 10C11ed at 416 Occe HIllt Reed, ()goee. F1roJdI'w76J, 1312 i. Silver br RoId, 00aIe, PI. 34761, 39 BagJe ICer Comt. 0... PL. iaeludiDa but DOt Iim.iI.ed to diKulsioa of 11II1 GOde violadoQS wbieh be IDI)' have with !hI!! City of Oeoae OIID)' 01ber IDIhy IDd IDa1ucDa 1M obt:aimq 10)' IDd all documeutl rela, to 1bIt ]m)pert)' lIDdIar lID)' monpp. tA=on. .v DlCtmoN IURMl.. EMMeT DEAN HARPBR. gives IIld granta Jahn C. Euglehard~ Esq. A1ll power and IUIborlty to ~ aDd perform .UIad evczy act ed _ wb&soner in alation to Cbe aboye UraIsII:tion, to all DnI:ms IDd PUIJ'OSOS II be misbt or could do jf personalJy pzcmn, with 1\zIl power of sulmiMion and revooadon, hueby I'IIi~DlIIDd ocm1inntaa aU that Jou C. EDaldIudt. Baq. shall lawfUll)' do or ~ 10 be done b)' Yimae bono!. lN~ \Wttvlln~ we havo act my baad aad &eal1hi! / day of November, 2001. ~~-~ ;.: .~~ ~ ./ ~?~ , !:'1Jt(<<':'00-~ ~ Emmet Harper STAn OPFLOlUDA COUNTY OP ORANGE BEFORB ME 1ho ~ AOWy public, OIl tbiI/"6 day ofNo\'cmbet. 2007 pI!nIODIl!ly ~!MMIn' DBAN HARP!!R, wbo idemif!cd hImIeJ&hme1fby mew of ,,~,,~ . ar~ho it ~aalJI ~M'Jp nr IllllI otlor.... clu\y, ........ dopoIIlI8Dd -.I .... .... tonlOiulll.... ; ~ N~eofFlon @ NO'iSIY P~l)lic 51l1re 01 ~ J.v S May ~ eo""lnlssiclr1 OD4i2.co E igll'r, {)1/Z7i201D .....- :;:.,