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HomeMy WebLinkAboutItem #11b Code Enforcement Board Case No. 06-067 AGENDA ITEM COVER SHEET Meeting Date: December 18, 2007 Item # L.l-e J~_ -- 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 ; " 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 $1000.00 IF PAID WITHIN 7 DAYS OF COMMISSION'S APPROVAL lMO"" I~, L"'''J/l ~,LUIH \.... V l.' v I :, } p. 1 CODE ENFORCEMENT BOARD CITY OF OCOEE ISO NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. ();;'-~~1 REQUEST FOR RE-HEARINGlREDUCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you are requesting a reduction of fine. Please fill this fonn out completely. &- specific when writing your statement. Please rctwn this form to tho Code Enforcem.eot Board Clerk withiJ115 days prior to the next regularly scheduled Code Enforcement Boud Meeting. The request will then be presented to the Board at the nC)l;t regularly scheduled meeting for CODSidCnltiOn. If you have any questions, please call the Code EDforcement Board Clerk, BI1U1dy Everett at (407) 905-3100 extension 1002. Check one: ( ] Request for Re-hearing ~equest for Reduction of Fine Property Owner's Name f! 41 f!!r Property Address {Sf")' r ~/).,,/ ~~ (b~~ ()('(:e./ ~ Phone Number where you can be reached during the day? (.,1 t7 7-- jJ :10- R<f Is the property now in compliance X Yes _No (if no, explain in detail) If the property owner is unable to complete thiJ form, list name of person who is authorized to act for the Property Owner. their relationship. and attach notarized power-of-attomey: Date of original CEB Meetina Compliance Date Specified by Board Penalty Issued by Board You Ire enctJu'aced to mind the MJCt BOflrd me,""g on ths dflts schsdfllsd so ,hili you can be present whl/s your request for II re-hellring 01' fine relludion is co",idered. 1/ you aI's present, find 1M Board g,."n~ a 18./18a,III,. ,h, Board "'11)1 dBcidB to pemit you to present you, case thGt nigh', Dr may dedJJs to re-hu, your cue on Il sub$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. Page 1 of2 N01\:JV. l~. LUVII: ~:Lblt'l' ".'. C\'vi .. ". p.2 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 . " " ; - ';!!'\''''729~15~a 11\:". ;j, Lvvi: j:'",/''';i:)' t:f '::l '" ,. I...., llJ \lIlt J, ,.,JJo .. ", " , - i\ :'. ~ V C / e2 ,h 7C6 ~ P. 2 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. ~~-~ ;:_ . ,~~/ 'tfJLV /' ~?~ I' !,A~9p__. ~ Emmet ~ 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 ~'l~ . ar~ it Del'!Daal'l ~WUP ~ IIIlIl oiIcr..... dulf. _ dopotod 1IIlIl__ ... ton..... II _; ~ / N~~eof~ @ ~D'ilIV "~lJJic SIBle 01 FIcnlB J.,8 May My Corr'lnlWln O~B2440 Eil)lrr, W~7;201~ ..- ::;.