HomeMy WebLinkAboutItem #10 Request for Reduction of Fine and Release of Lien for Code Enforcement Case No. 07-174
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Ralph W. Jones III
(407) 905-3104
Meeting Date: April 15, 2008
Item # 10
Reviewed By: ~~
Department Director:
City Manager: ~_ _
Subject: Request for Reduction of Fine and Release of Lien
Code Enforcement Board Case No. 07-174, Robin Osman and Palma Argentina
Background Summary: On August 9, 2007, Code Enforcement Officer Carmen Delgado observed
violations of city code on the property located at 1100 Oakwood Lane, Ocoee, Florida. The violations
observed were dirty swimming pool water and misc. trash/debris. A Notice of Code Violation and a
Notice of Hearing were sent to the property owner, Robin Osman and Palma Argentina, on August 9,
2007 to appear at the Code Enforcement Board on September 25, 2007. A Compliance Order was
issued by the Code Enforcement Board giving the Respondent until October 8, 2007 to comply or pay a
fine of $100.00 per day until the property was brought into compliance. An order Imposing Fine and Lien
was ordered at the Code Enforcement Board Meeting on October 23, 2007. The fine accrued daily until
the property was re-inspected on November 2, 2007 and found in compliance. The total amount of the
fine is $2,400.00.
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. 07-174 established on
August 9,2007, at 1100 Oakwood Lane, Ocoee, Florida?
Recommendations: The Code Enforcement Board recommended a reduction of fines to $2,000.00.
It is staff's recommendation to support the decision made by the Code Enforcement Board.
Attachments: 07-174 Docket and Request for Rehearing/ 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
X Commission Approval
Discussion & Direction
For Clerk's DeDt 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/f'.::-~
Reviewed by ( ). ~ E
X N/A
X N/A
N/A
CITY OF OCOEE
CASE HISTORY
RESPONDENT:
07-174
Location/address:
Violation Cited:
Officer:
Date Observed:
Observation:
;"if"
DOCKET
08-09-07 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08-23-07 BLE
09-10-07 STATEMENT OF VIOLATIONS BLE
09-10-07 NOTICE OF HEARING MEETING DATE: 09-25-07 BLE
09-10-07 PROOF OF SERVICE REG. AND CERTIFIED MAIL BLE
09-12-07 PROOF OF SERVICE POSTING BLE
09-25-07 VIOLATION ORDER FOUND IN VIOLATION AS CITED BLE
ON 08-22-07 AND GIVEN UNTIL
10-08-07 TO COMPLY OR BE FINED
$100.00 PER DAY/ PER VIOLATION
10-23-07 ORDER IMPOSING FINE /LIEN FOUND STILL IN VIOLATION OF BLE
115-6.
10-30-07 PROOF OF SERVICE REG. AND CERTIFIED MAIL BLE
11-2-07 AFFIDAVIT OF COMPLIANCE 10-9-07 TO 11-2-07 24 DAYS BLE
TOTAL DUE $2400.00
03-25-08 REQUEST FOR REHEARING/ BOARD RECOMMENDS TO BLE
REDUCTION OF FINE CITY COMMISSION TO REDUCE
FINE AMOUNT TO $2,000.00
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CODE ENFORCEMENT BOARD
CITY OF OCOEE
150 NORTH LAKESHORE DRIVE
OCOEE, FLORIDA 34761
CEB Case No. 01-1 f'}~
REQUEST FOR RE-HEARINGIREDUCTION 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. Be specific when writing your
statement. Please return this fonn to the Code Enforcement Board Clerk within 15 days prior to the next
regularly scheduled Code Enforcement Board Meeting. The request will then be presented to the Board
at the next regularly scheduled meeting for consideration. If you have any questions, please call the Code
Enforcement Board Clerk, Brandy Everett at (407) 905-3100 extension 1002.
Check one: [ ] Request for Re-hearing M Request for Reduction of Fine
Property Owner's Name_~o\o '\1\ O~
Property Address-.lJ on Ott~~ Lo.VlL Ocnee..-. R ~l(f76 /
Phone Number where you can be reached during the day? 3dl ~"300 -,a '7D3
Is the property now in compliance ~es _No (ifno, 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, and attach notarized power-of-attorney:
Date of original CEB Meeting Sept. ':} ~ I ~ /
Compliance Date Specified by Board _\ n - 6 ~ -el7 ~
Penalty Issued by Board L ie~ 21(\ prD perty
You are enco,uraged to attend the next Board meeting on the date scheduled so that you can be present
while your request for a re-hearing or fine reduction is considered. If you are present, and the Board
grants a re-hearlng, the Board may decide to permit you to present your case that night, or may decide
to re-hear your case on a subsequent date for which you will be provided notice at a later date. If you
are not present you will be notified of the Board's decision on whether or not to grant you a re-
hearing, and if a re-hearing is granted, you will be notlfledfor your re-hearing. You are encouraged
to bring any evidence for Board consideration with you.
Page 1 of2
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I,
[ ] Re-Hearing or [
, do hereby submit this Petition in request for a
Reduction of fine and in support offer the following new evidence:
f t~ se. $€~ . a1l-a aluzd LPJk r . 71w..A/Gyo tA-!
-Also I 'fPrt'l rJ f\ cL-J :?c.l vl/lJJ\ / A,..~",\+; (\ Q ~(M..Q \- SD (\. Co; Il
~+:~V\.y.
Date:~o~/-aro~
Signed:
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Page 2 of2
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Robin Osman
1100 Oakwood Lane
Ocoee, FL 34761
March 07,2008
City of Ocoee
Code Enforcement Board
150 N. Lakeshore Drive
Ocoee, FL 34761
Dear City of Ocoee Code Enforcement Board,
Thank you for considering my request for a reduction of fine. I hope that we are able to settle this
case for the benefit of both me and the citizens of Ocoee.
Regarding case no. 07-174, I am requesting a reduction of the fine because I cannot afford to
pay-off the lien and have found the violation was due to a great deal of miscommunication.
During the time period the notices were sent, I was living out of state for school and work in
pursuit of the best job opportunities (Jul 07-Jan 08). For some reason, all of the notices sent by
the City were being returned by the post office stamped "return to sender." Since I was not
receiving the notices, I didn't know the pool was in violation. Only until the lien was imposed on
the property in February '08 did I discover the violation. When I discovered the lien, I was very
diligent, and I immediately began taking the necessary actions to correct the problem. I would
like the board to know that I never intended to keep the property in an unacceptable condition.
Brandy Everett and Carmen Delgado were extremely helpful in helping me resolve the issue.
Brandy provided copies of the undelivered notices and gave me insights on how to handle the
situation. Carmen was very kind and made appointments to re-inspect the property for
compliance. When Carmen and I inspected the pool, she was not sure that the condition of the
pool met the requirements. She asked her supervisor to inspect the pool, and when he did so, he
confirmed the pool was in compliance. I am very thankful for their assistance in helping me get
the fines to stop.
All in all, I ask the Code Enforcement Board to please help me help the community by removing
the financial burden of paying the fine. I would rather use the little money I have to continue
fixing/improving the property and increase the value for the benefit of the neighborhood.
Again, thank you for considering my request.
Sincerely,
Robin Osman
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