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Home My WebLink AboutItem #09 Code Enforcement Reduction of Fine/Lien for William H. Winseman III Located at 2702 Conventry Lane (District 1 Commissioner Hood) Cen ter of Good Ley AGENDA ITEM COVER SHEET Meeting Date: June 07, 2011 Item # 9 Reviewed By: r Contact Name: Deputy Chief Butch Stanley Department Director: LAt Contact Number: 407 - 905 -3140 City Manager: ,'r' , Subject: Code Enforcement Reduction of Fine /Lien for William H. Winseman III Located at 2702 Coventry Lane (District 1 Commissioner Hood) Background Summary: This property was cited on March 24, 2010 for a violation for excessive weeds and grass growth. On September 27, 2010 the property came into compliance with the City. On April 27, 2010, the Code Enforcement Board issued an order to comply by May 14, 2010 or be fined $100.00 per day.. Issue: Ms. Judy Huff (Realtor) from Watson Realty representing Mr. William H. Winseman III is requesting a reduction of fine /lien plus City's cost of $13,600.00 plus $429.38 administrative cost totaling $14,029.38. On May 24, 2011 the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $4,029.38 Recommendations Staff concurs with Code Enforcement Board's decision of reduction in payment to the City in the amount of $4,029.38 Attachments: Financial Impact: Estimated City's costs to date: $429.38 Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution ,/ Regular Agenda ✓ Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 1 Mayor be center of Good i 11 Commissioners S. Scott Vandergrift �!^ Gary Hood, District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank Joel Keller, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Butch Stanley, Deputy Fire Chief DATE: May 25, 2011 RE: Code Enforcement Reduction of Fine /Lien for 2702 Coventry Lane (District 1 Commissioner Hood) ISSUE On September 27, 2010, the property was observed to be in full compliance. Ms. Judy Huff (Realtor) from Watson Realty. representing Mr. William H. Winseman III is requesting a reduction of fine /lien for $13,600.00 plus City's cost of $429.38 totaling $14,029.38. BACKGROUND/DISCUSSION This property was cited on March 24, 2010 for a violation of excessive weed and grass growth. On April 27, 2010, the Code Enforcement Board issued an order to comply by May 14, 2010 or be fined $100.00 per day. On September 27, 2010 the property came into compliance with the City. RECOMMENDATION Staff concurs with Code Enforcement Board's the decision of reduction in payment to the City in the amount of $4,029.38 2 EXCERPT OF MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MAY 24, 2011 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 p.m. in the Commission Chambers at City Hall. Member Hopper led the Invocation and Member Lowery led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Hopper, Kelley, Lowery, and Osborne. Also present were Code Enforcement Officer Delgado, Code Enforcement Officer Loeffler, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Senior Administrative Assistant Hall, Fire Inspector Sorenson, Administrative Assistant Ballard, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair M. Godek, Member Amey and Alternate Members Blynder and Sais were absent excused. GUESTS: None. Administrative Assistant Ballard administered the oath to the Code Enforcement Officers, Fire Inspector, and anyone intending to speak regarding a case. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE BY THE CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, IN WHICH CASE THE CHAIRMAN WILL INSTRUCT THE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. The Consent Agenda consisted of approval of Items A, B and C. *Note.. Consent Agenda was amended A. Minutes of the April 26, 2011, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 11 -027, 11 -060, 11 -084, 11 -087, 11 -088, 11- 089, 11 -091, 11 -095, 11 -100, and 11 -101 were transferred to consent.) Case Number Respondent Location of Violation 1. 11 -076 RAY HARPER TRUST AGREEMENT 118 SANDY KEY COURT 2. 11 -081 ALFRED RNIELSEN 716 KELLYS COVE DANA L NIELSEN 3. 11 -082 SHAUN P CANTU 410E LAKESHORE DRIVE JAMIE CANTU 4. 11 -086 THOMAS C WIGGINS 706 BROADWAY DRIVE Code Enforcement Board Minutes May 24, 2010 CHERIE M BRASSART 5. 11 -092 JERRY G BOETTCHER 1406 WANDA STREET MARCELLA E BOETTCHER 6. 11 -093 EFFIE M MOORE 1403 SAMANTHA STREET 7. 11 -103 GATORSUBS ORLANDO, LLC 10968 W COLONIAL DRIVE VILLAGE MARKETPLACE INVESTORS, LTD C. Order of Continuance (July 26, 2011, Meeting). Case Number Respondent Location of Violation 1) 11 -079 DEAN HARPER, INC. 167 SILVER STAR ROAD D. Reduction of Fine Case Number Respondent Location of Violation 1) 10 -059 JUDY HUFF 2702 COVENTRY LANE WATSON REALTY FOR Member Lowery, seconded by Member Kellen, moved to approve the Consent Agenda as presented by city staff Motion carried unanimously. Member Hopper, seconded by Member Lowery, moved to hear the cases in the following order: Case Nos. 11 -090 and 10 -059; then revert back to the agenda. Motion carried unanimously. COMMENTS FROM CITIZENS - None. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCE, ATF- APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD — COMMISSION MEETING FOR DETERMINATION, CS — CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO — EXTENDED COMPLIANCE ORDER, EX- EXHIBITS, FS- FEES STAYED, LDC — Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIF/L- ORDER IMPOSING FINE/LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF — ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - PROOF OF SERVICE, RFR - REQUEST FOR REHEARING, RFRDUC- REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OF FINE, SFH — SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD — WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Page 2 of 3 Code Enforcement Board Minutes May 24, 2010 Member Hopper, seconded by Member Kelley, moved that the board re -hear Case No. 10- 059 for possible recommendation of reduction of fine. The motion carried unanimously. Case No. 10 -059 — William H. Winseman III 2702 Coventry Lane Officer Rodriguez Violation Cited: 115 -5 03 -24 -10 NOCV Re- Inspection Date: 04 -12 -10 04 -13 -10 SOV 04 -13 -10 NOH Meeting Date: 04 -27 -10 04 -13 -10 POS Regular & Certified Mail 04 -15 -10 POS Posting 04 -28 -10 OC Per C.E.B.: Found in violation of 115 -5 as of 04- 09- 10.Given until 05 -14 -10 to comply or be fined $100 /per day 04 -28 -10 POS Regular & Certified Mail 05 -17 -10 ANC 05 -26 -10 OIFL 05 -27 -10 POS Certified mail 07 -27 -10 ANC 09 -27 -10 AC 09 -28 -10 OIFL Total dues: $13, 600.00 09 -28 -10 POS Registered and certified mail. Observation: Excessive weed/grass growth. Officer Rodriguez stated that this case was presented on April 27th of last year for overgrown grass. The property came into compliance as of September 2010. The total fine to date is $13,600 plus $429.38 for the City's cost. Judy Huff, Watson Realty, stated she represents the respondent, and the code violation was brought to her attention yesterday when title was pulled. They have a true short sale pending and are ready to close in June. The respondent had a son who passed away suddenly and caused him to be placed into rehab. The respondent will not be returning to this area. Ms. Huff asked that the board recommend a reduction of fine so that the property can be sold and be maintained and add to the neighborhood. Member Hopper inquired where Coventry was at. Member Osborne inquired as to what the sale of the house was. Ms. Huff stated she could not disclose the amount, but it is under $75,000. Chairman Godek reminded Ms. Huff that the board can only make a recommendation and that she will still have to go before the City Commission.. Member Hopper, seconded by Member Osborne, moved that in Case #10 -059 the board recommend to the commission that the fine be reduced to $4, 029.38. The motion carried 3 -2 with Chairman Godek and Member Lowery opposing. Page 3 of 3