HomeMy WebLinkAboutItem #11b Code Enforcement Board Case No. 06-067
AGENDA ITEM COVER SHEET
Meeting Date: December 18, 2007
Item # L.l-e
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Contact Name:
Contact Number:
Ral h W. Jones III IA
(407) 905-3104
Reviewed By:
Department Director:
City Manager:
Subject: Request for Reduction of Fine and Release of Lien
Code Enforcement Board Case No. 06-067, Denver R. and Dean Harper.
Background Summary: On June 21, 2006, Code Enforcement Officer Theresa Rodriguez observed
violations of city code on the property located at 1312 E. Silver Star Road, Ocoee, Florida. The violations
observed were, Lot with tall weeds/grass, Because this was a REPEAT VIOLATION, Notice of Code
Violation and A Notice of Hearing were sent to the property owner Denver R. and Dean Harper on June
21, 2006 to appear at the Code Enforcement Board on June 27, 2006. A Compliance Order and Order
Imposing Finellien were issued by the Code Enforcement Board giving the Respondent until July 08,
2006 to comply or pay a fine of $50.00 per day until the property was brought into compliance. An order
Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on June 27, 2006. The
fine accrued daily until the property was re-inspected on August 04, 2006 and found in Compliance. The
total amount of the fine is $1,300.00. 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. 06-067 established on June
21,2006, at 1312 E. Silver Star Road, Ocoee, Florida?
Recommendations: The Code Enforcement Board recommended reduction of lien to $1000.00 if paid
within 7 days of the Commissions approval. It is staffs recommendation to support the decision made by
the Code Enforcement Board.
Attachments: 06-067 Docket and Request for Rehearina/ 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
X Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
Original DocumenVContract Attached for Execution by City Clerk
X Original DocumenVContract 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: Dean Harper Inc. 50% Int. and Denver R. Harper 50% Int.
CASE NUMBER 06-067
Location/address: 1312 E. Silver Star Road, Ocoee
Violation Cited: 115-5
Officer: T. Rodriauez
Date Observed: June 21, 2006 Compliance Date: REPEAT VIOLA nON
Service Type: MaUnI A Nn DEUMR~)i Received on: 06-22-06
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Observation: Lot with tall weeds/I!rass.
DOCKET
06-21-06 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06-21-06 CDR
06-21-06 STATEMENT OF VIOLATIONS CDR
06-21-06 NOTICE OF HEARING MEETING DATE: 06-27-06 CDR
06-21 06 PROOF OF SERVICE HAND DELIVERY CDR
06-27-06 ORDER IMPOSING FINE & LIEN GIVEN UNTIL 07-08-06 OR PAY CDR
$50.00 PER DAY
08-04-06 AFFIDAVIT OF COMPLIANCE TOTAL DUE $1,300.00 CDR
11-27-07 REQUEST FOR REHEARING/ BOARD RECOMMENDS TO BLE
REDUCTION OF FINE REDUCE FINE TO $1000.00 IF
PAID WITHIN 7 DAYS OF
COMMISSION'S APPROVAL
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CODE ENFORCEMENT BOARD
CITY OF OCOEE
ISO NORTH LAKESHORE DRIVE
OCOEE, FLORIDA 34761
CEB Case No. ();;'-~~1
REQUEST FOR RE-HEARINGlREDUCTION OF FINE
INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you are
requesting a reduction of fine. Please fill this fonn out completely. &- specific when writing your
statement. Please rctwn this form to tho Code Enforcem.eot Board Clerk withiJ115 days prior to the next
regularly scheduled Code Enforcement Boud Meeting. The request will then be presented to the Board
at the nC)l;t regularly scheduled meeting for CODSidCnltiOn. If you have any questions, please call the Code
EDforcement Board Clerk, BI1U1dy Everett at (407) 905-3100 extension 1002.
Check one: ( ] Request for Re-hearing ~equest for Reduction of Fine
Property Owner's Name f! 41 f!!r
Property Address {Sf")' r ~/).,,/ ~~ (b~~ ()('(:e./ ~
Phone Number where you can be reached during the day? (.,1 t7 7-- jJ :10- R<f
Is the property now in compliance X Yes _No (if no, explain in detail)
If the property owner is unable to complete thiJ form, list name of person who is authorized to act for the
Property Owner. their relationship. and attach notarized power-of-attomey:
Date of original CEB Meetina
Compliance Date Specified by Board
Penalty Issued by Board
You Ire enctJu'aced to mind the MJCt BOflrd me,""g on ths dflts schsdfllsd so ,hili you can be present
whl/s your request for II re-hellring 01' fine relludion is co",idered. 1/ you aI's present, find 1M Board
g,."n~ a 18./18a,III,. ,h, Board "'11)1 dBcidB to pemit you to present you, case thGt nigh', Dr may dedJJs
to re-hu, your cue on Il sub$equent date for which you will be prfWid,d nDike al " Illler iflle. /f you
aN not pr~sent YDU wUIlH nDtifunl of th. Board's dscision on whethe,. 01' not to grant you a re-
hearing, and if a re-Itearlng if grtul11!d, YOll will H ntJtified for your ,e-heoring. You IITt! encouraged
to bring any evU/enCfJ for BOlUd consideration with you.
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I, t do hereby submit this Petition in request for a
[ J Re-Hearing or ~eduction offine and in support offer the following new evidence:
{rll P'b't.~ r hilL- .lrL'J ~~.J Ct:irc ~
Date:
Signed;
Page 2 of2
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POWER OF A'M'OR]Q,v
TIm ~RD.I~Nm EMMB'r DEAN HARPER. by!bis Pow=-ot ACf1:1mey, does hereby
appoim, CODItitute ud desigMJa JoM C. EDalcbIrdr. Eaq., to be II1d act .. his 111>> aDd lawful
A~ Ax him and In h1I pI_aDd DId tar the purpoee ofTakiDg -.v aact all aoa of'1Il)'
~ DCCeaIlll)' OIl his bahaltin I1pd to lIE pmpertits lowed at 416 Occe HIIlt Roed, Oeoeet
F1roida 34161,1312 I, Silver Star IDId, Ooc:w, PL 34'~1. 3g BagIe Key Comt" Oooee. PL,
Jacludia,a but DOt JimiIId to discuufoa of ID1 GOde violtdons wbieh be Illy have with the City of
0G0a Of Ill)' odler IIlthyll1d iDcIudiDa IN! obIImiDllDylDd aU docummta relatiq to 1hat
pMpert)' lDdIar lID)' IIIDI!ppI tAcreou.
BY EDCtmlW ImR1i'.pf.. EMMET DEAN HARPER. gives and grantl JoIm C. Englehardt,
Biq. ftJll J'OWII' lIDd IWhodty to do IDd pII'tom alIIDd OVa)' act Illd _ whaIsoner in
ra1I1ioft to the aboye hDIIaI:lion, 10 III DnI:ms ad P1IrJ'O'SeS U b~ migbt or could do jf ptnonally
JRIIm, wi1h full power otlubsdMioa and revooadon, hc:ehy rad~aa IIDIi oaa1lrmfAa aU thIt
Johu C. EDaldIardt. Esq. shall lawfully do or cause 10 be done by Yimae honor.
IN WITNR..~~ W=1al!n~ we have act my bad IDd &eal tJiliI ",("'day of November, 2007.
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STATE OF FLORIDA
COUNTY OP ORANGE
BEFORB ME tho undcr&isDed DOtal)' public. OIl rbJIl.tJ' day ofNo\'anber. 2007 prnoaally
~!MMBT DEAN HARP~ who i~cdhimeel&hmc1fby__ of
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