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Home My WebLink AboutItem #11d Code Enforcement Board Case No. 06-103 AGENDA ITEM COVER SHEET Meeting Date: December 18, 2007 Item # lit> Contact Name: Contact Number: Ralph W. Jones III /If). (407) 905-3104 V Reviewed By: Department Director: City Manager: Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 06-103, Denver R. and Dean Harper. Background Summary: On August 22, 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 overgrown weeds and grass. Because this was a REPEAT VIOLATION a Notice of Code Violation and Notice of Hearing was sent to the property owner Denver R. and Emmett Harper on August 25, 2006 to appear at the Code Enforcement Board on September 26, 2006. Order Imposing Fine/Lien was issued by the Code Enforcement Board to pay a fine of $250.00 per day until the property was brought into compliance. An affidavit of Compliance was issued on October 11, 2006. The fine accrued daily until the property was found in compliance. The total amount of the fine is $12,500.00. 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. 06-103 established on August 22,2006, at 416 Ocoee Hills Road.? Recommendations: The Code Enforcement Board recommended no reduction to the property owner's request for a reduction of fines. It is staffs recommendation to support the decision made by the Code Enforcement Board. Attachments: 06-103 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'? Public Hearing Ordinance First Reading Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's Deot 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 & Emmett Harper CASE NUMBER 06-103 Location/address: 416 Ocoee Hills Road, Ocoee Violation Cited: 115-5 Officer: T. Rodri21lez Date Observed: AU2ust 22. 2006 Compliance Date: Repeat Violator Service Type: Mail (7004 0550 0001 2092 6933) Received on: 08-31-06 Observation: Lot with over2rown 2rasslweeds. DOCKET 08-25-06 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08-22-06 CDR 08-25-06 STATEMENT OF VIOLATIONS CDR 08-25-06 NOTICE OF HEARING MEETING DATE: 09-26-06 CDR 08-25 06 PROOF OF SERVICE CERTIFIED MAIL CDR 09-12-06 PROOF OF SERVICE REGULAR MAIL CDR 09-12-06 PROOF OF SERVICE POSTING CDR 09-26-06 ORDER IMPOSING FINE & LIEN $250.00 AS OF 08-22-06 CDR 1 0-11-06 AFFIDAVIT OF COMPLIANCE TOTAL DUE: $12,500.00 CDR 50 DAYS IN VIOLATION 11-27-07 REQUEST FOR REHEARING/ BOARD RECOMMENDS NOT TO BLE REDUCTION OF FINE REDUCE. ~NO_\" i9. 288/: 92,AN '.... ~ v ~ I p. 1 CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 CEB Case No. ro j; --1t?.3 REQUEST FOR RE-HEARlNGfREDVCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting to have your ease re-heard or if you are requesting a reduction of fine. Please fill this form out completely. Be specific when writing your statement. Please rctwn this form to the Code Enforcement Board Clerk within IS days prior to the next regularly scheduled Code Enforcement Board Meeting. The request win then be presented to the Board at the next regularly scheduled meeting for consideration. If you have any questions. please call the Code EDforceD1mt Board Clerk, Brandy Bve:rell at (407) 905-3100 extDnsioD 1002. [ J Request for Reo-hearing ~uest for Reduction of Fine Property Owner's Name H- tlr Of r I Property Address ~/ / ~ Of j} -t'~ !hi/...\. Check one: .72j}~ If (} IJ t?e J 'Pt if tJ7- Rf~,-/J~f/ Phone Number where you can be reached during the day? Is the property now in compliance~ Yes_No (if no. explain in detail) If the property owner ill 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: J/2hN C (AJ,jk),U/)J/ rS1L Date of original CEB Mcetinll Complianc= Date Specified by Board Penalty Issued by Board You aNI encour,ged to atknd the nut Board meeting on the date scheduled so thfllyou CGn be present whUe YOIIl' re'luestfor II re-hHrilIg or fine reduction is considered. /fyou De present, and the llorlrd Brlln~ " r~"eQrin,. th' BD/I,d may decide to pemtit you to pruenl you, CtlSt that nighl, or "'111 decide to rt-h~Qr yo"r CIlSe on II mbuqll8nt dme/or which you will be provided notice lit IIlllIer dllte. /JyolI are not present YOII will be notffl4d of the Board'a decision 011 whether or not to grant '011 a re- hearulg, tlttd If a re-h_arl"8 is grllnled, )lDIl will be notlfled for your ,e-heM;ng. You fire encouraged to bring any evidence for Board conside,ation with yOIl. Page 1 of2 No\\)v. i~. U\J/I: ~:L')fJ..iV' \:" :J Ubi I, ",' J do hereby submit this Petition in request for a [ ) Re.Hearing or (~uction offine and in support offer the following new evidence: f)1! ;:)rt>i/~~ A4.L r ./~t.-J -:hI:. t'.) c. P.rt:- c;) tC Date: 11!;,rrJ1 ( f Signed: Page 2 of2 b p.2 . ~.- - '.! . " · 5~a 11\";. ';1. ivvi: 1L"t"a72S8"", ':l ." ., I...., /. v \I, ,. J '''''' \:" S~6i ,h 7C6 ~ - ^ i. i. e2 P. 1 POW2R OF A'M'ORNF.V Tn lJN1)RR.Ut.lNr.n EMMBT DEAN HARPBJt. by tbia p~ of ACtDmey. docs I1I11by appgim, CODIti1ute IDd dcsiglWa Jolin C. &alchardt. Eaq.. to be aDd act as his _ aDd lawfUl AUor.y Ax him and In h1I pI_aDd lENd tar tho puIpOIO ofrakiDg aQ.Y 8Dd aIllClioa of Ill)' raat= DCallIII)' DO his bWltin lIlpId to * pmpIIties lowed It 416 Occe mu, Road, ()gDII. Fbojda 3476J, 13121. saVClr hr Rat, 000., PL 34761, 39 BagJe Key Comt, Oooee, PL. JacJudiq but DOt limited to diKuaiioa of IUIy GOde vioJations wbich be IDI)'have with th= City of Oc:ooe Of my odler filthy IUd IDcIudma and obtaizma'1ll7 ADd all doeummta n1ciDa to 1bat propert)t IDdIor ID1 mDltppl ~D. BY DlCtmoN mllft BMMET DEAN HARPn gives ADd granta John C. Englehard~ Esq. RIll poWIr IDd ItUbority 10 do aDd perf'onn IIlIDd OYeI)' act lUld thina whaIsomr in fIleon 10 tbc aboye tnaIaII:lion, 10 all irnr:ms ad purposes II be might Ot could dQ jf personally JmnI, wi1h 1\JIl power otlubWMioD and revooadon, hCltDy rad~D& IIDd oaaiinntaa 111 dmt Jo1m c. EIaIebanh. ~. shalJ lawfull)' do or cause to be done by \ljmae honor. IN WITNR$S WJtt1il1!~ we hav; act my bald &ad &eal this ~ day ofNov=ber, 2007. 1~-~ 7c . ,~:4/ . ~ /~f~ , ~14flia,-~ ~ Emmet Harp;r STA 1'2 OF FLORIDA COUNTY OP ORANGE BEFO.RB ME tho undc1siped AOtaIy public, OIl rbitil5 day ofNc\'cmbel'. 2007 ~ly IpSleIICld !MMsT DBAN HARP~ who idemiBcd hJmwJ&bme1rby mew of h,,<- . OI"~ho i. 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