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HomeMy WebLinkAboutItem #08 Request for Reduction of Fine and Release of Lien Case No. 08-071F, Marco Anthony Italian Restaurant ~ Meeting Date: May 19, 2009 Item # ct Contact Name: Contact Number: Division Chief Butch Stanley 407 -905-3140 Reviewed By: Department Director: City Manager: ........--..#~ Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 08-071 F, Marco Anthony Italian Restaurant (Crisi's Italian Restaurant Inc.) and Teachers Insurance Annuity Associates of America Background Summary: On August 14, 2008, Fire Inspector Dan Dingman observed violations of city code on the property located at 2642 S. Maguire Road, Ocoee, Florida. The violations observed were exit lights not working and emergency lights not working. A notice of REPEAT code violation and Notice of Hearing was sent to the property owner and tenants Marco Anthony Italian Restaurant (Crisci's Italian Restaurant Inc.) and Teachers Insurance Annuity Associates of America on September 8, 2008 to appear at the Code Enforcement Board Meeting on September 23, 2008. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on September 23, 2008 to comply or pay a fine of $100.00 per day fine starting August 14, 2008 until the property was brought into compliance The fine accrued daily until the property was deemed in compliance on January 6, 2009. The total amount of the fine is $15,536.85. A Request for Reduction of Fine was presented at the April 28, 2009, Code Enforcement Board Meeting. The Code Enforcement Board recommended a reduction of fines to $2500.00 if paid within 10 days of commission approval and based on an estimated cost encumbered by the City. 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. 08-071 F established on August 14, 2008, at 2642 S. Maguire Road? Recommendations The Code Enforcement Board recommended the property owner's request for a reduction of fines to $2500.00 if paid within 10 days of commission approval. It is staffs recommendation to support the decision made by the Code Enforcement Board. Attachments: Request for Re-Hearing/Reduction of Fine Form, and City Code Enforcement Board Case #08-071 F Case History . Financial Impact: A reduction in fines as requested by the Respondent, if paid, would compensate the city for time and processing expenses associated with this case. Type of Item: (please marK with an "x'J Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Cleric's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk == Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 2