HomeMy WebLinkAboutItem #11c Code Enforcement Board Case No. 06-069
AGENDA ITEM COVER SHEET
Meeting Date: December 18, 2007
Item # Dc..
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Contact Name:
Contact Number:
Ralph W. Jones III iJa
(407) 905-3104 I
Reviewed By:
Department Director:
City Manager:
Subject: Request for Reduction of Fine arid Release of Lien
Code Enforcement Board Case No. 06-069, Denver R. and Emmett Harper.
Background Summary: On June 21, 2006, Code Enforcement Officer Theresa Rodriguez observed
violations of city code on the property located at 416 Ocoee Hills 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 Emmett Harper on
June 21, 2006 to appear at the Code Enforcement Board on June 27, 2006. A Compliance Order and
Order imposing Fine/lien 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. 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 416 Ocoee Hills 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: 06-069 Docket and Request for Rehearinq/ 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 wifh an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDf 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: Denver R. Harper, and Emmett Harper CASE NUMBER 06-069
Location/address: 416 Ocoee Hills Road, Ocoee
Violation Cited: 115-5
Officer: T. Rodriquez
Date Observed: June 21. 2006 Compliance Date: REPEAT VIOLA nON
Service Type: Mail (7005 0390.0003 6303 7211) Received on: 06-24-06
>
Observation: Lot with tall weeds/2rass.
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 CERTIFIED MAIL 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
150 NORTH LAKESHORE DRIVE
OCOEE, FLORIDA 34761
CEB Case No. O(:;-tJiP q
REQUEST FOR RE-HEARINGfREDUCTION OF FINE
INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you arc
requesting a reductioD of fine. Please fill tbia form out ~ompletely. Be specific when writing your
statement. Please retwn this fonn to tho Code Enforcement Board Clerk within 15 days prior to the next
regularly scheduled Code EnCOl'CeDleDt Board Meeting. The request will then be presented to the Board
at the neltt reguhlrly scheduled meeting for cODSideration.lfyou have any questions, please call the Code
Enforcement Board Clerk, Brand)' Everellal (407) 9OS.3100 extension 1002.
[ ] Request for Re-bearing ~ Request for Reduction of Fine
ProportyOwn,,',Name ~:r
Ptoperty Mweas "llIP ~ J.h IJ.s. If} i1 ~ tlr () e?) P 1-
'-1lP7'" ff/tY J/..< r
Check one:
Phone Number where you can be reached during the day?
Is the property now in compliance 2:(;- 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, JUUi attach notarized power-()f-attoruey:
-:J D h.) C f. ) J leJJ At ) t I 0;.1J; .
Date of original eBB Meetlna
Compliance Date Specified by Board II
Penalty Issued by Board Il~ vv. OV
You are encourflgH tD tlltend the MJd BOllrd melling on tM date $cheduled so that you ClUJ be present
whU, YDur refilm/or a ,~hfUlrbtg or jlne redllClfon U ,oMidered. I/JoII lire pruem, and the Botlrd
grfUfts II re-hetlnn,. the Board WIllY decid, to permit you to p~ent your Cde tluU night, or mll)l decidtl
to re.htlllr your CIISS on II mbsBlllUnI dille/or wltlch YDU will In provided notice at II litter dtzte. If you
are not p,esmt you wUI be notlfled of tile Board's d.clslola on whether 0' not to grllnt you a re-
h'lIrill" and if" re-h~tlrlnl is "anted, you will be notqled Itll ytlu, rHell,,;n,. You (Jr. ,ncourtlged
to bring any eviienCB for Boord conlld"tltion with you.
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I, . do hereby submit this Petition in request for a
[ J Re-Hearing or f>?'Reduction of fine and in support offer the following new evidence:
it/) p-d,k".s hg.x.. j"",.) --f~b.J. Ct:i(e. <:l (2
Date: I rJ I J3 ! 01
. ,
Signed:
Page 2 of2
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POWl.R OF ATTORNEY
TB 1JN'bRR.Ut.!NDl EMMBT DEAN HARPER. by rhU p~ of ACIZI'ney. docs hertb)'
appoim, ~ IDd dcsigrwe Jolln C. EDalcbardt. Eaq.. to be md act at his _ aDd lawful
AUomIy 101 him Ind In JIiI .,laud ... tar the purpose ofTakiDg -.v act an IWOD of lIlY
DlItaro D<<AlNlUY OD his behalf in I8pI'd to 111: JXDPIfties locared at 416 Ocee HIIlt Roe4, Oc;oee.
F1midl3tt76J, 1312 i. SUver SlIr ItOId, Oooee, FL 34761, ~~ BagJe Key Couzt, Oooee. PL.
iDeIudiDa but DOt IimiJId to diKuisioo of lIlY code vioJatjo,. wbieh be IDS)' have with the en, of
Oc:oa or lIS)' ~ 1IlChy- iDcIudiDa ad oI-A~DllI1ylDd all doeumema relltiq to ~
property lIJdIar IQ)' mmtppl ~.
BY J:XtCtmON ~1Jl'.O!. EMMET DEAN HARPER gives and granta John C. Eoc1ebardt,
BIq. ftIll powtr IDd IUIhodty to do tad perform all aad ovay act aDd _ w.ba&somr in
l'IWioa to d2c aboye D~ to aU irncrm ad purpose6 II be misbt or could dQ if pmonalJy
promzt. wi1h Ml power ofsl.1bsUtutioD and rev*1lOD, hCltDy ~D& md oaailnniDa III the
Joha c. ED&IdIanh. !sq. D1J lawfUlly do or cause 10 be dono by vimae ho&eof.
IN ~ \\'R'r.RRnP we havo act my bald IDd seal thi! ~ day DfNovember. 2007.
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E.IzmXt Harper
STAn OF FLORlDA
COUNTY OF ORANGE
BErnRB ME tbD undcr&ipcd AOtaI)' public, OIl "'-5 dIy ofNQvcmber. 2007 ~ly
~aJ !MMBT DEAN HARPER, . idead1ied himIeI&1lmelfby J:DIIaI of
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