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Home My WebLink AboutItem #10 Code Enforcement Reduction of Fine/Lien for West Oaks Mall located at 9401 W. Colonial Drive #646 Auntie Anne's c of Good AGENDA ITEM COVER SHEET Meeting Date: July 17, 2012 Item # ( 0 Reviewed By: Contact Name: Pete McNeil, Fire Chief Department Director: Contact Number: 407 - 905 -3140 City Manager: Subject: Code Enforcement Reduction of Fine /Lien for West Oaks Mall located at 9401 W. Colonial Drive #646 Auntie Anne's (District 2 - Commissioner Rosemary Wilsen) Background Summary: Property was cited on January 13, 2009 for a violation for not obtaining a final inspection for permit #0701598 for an Electrical Hook up of Sign. On October 08, 2009 the property came into compliance with the City. On February 24, 2009, the Code Enforcement Board issued an order to comply by March 23, 2009 or be fined $150.00 per day. Issue: Mr. Scott Wesley, Operations Manager for West Oak Mall is requesting a reduction of fine /lien plus City's cost of $30,000.00 plus $778.47 administrative cost totaling $30,778.47, since he was not aware of the situation because he started as Operations Manager for the West Oak Mall after the facts, as per Mr. Wesley testimony. On June 26, 2012 the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $778.47 Recommendations Staff concurs with Code Enforcement Board's decision of reduction in payment to the City in the amount of $778.74 Attachments: Financial Impact: Estimated City's costs to date: $778.74 Type of Item: (please mark with an 'k') 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 Abe center of Good 4, Commissioners S. Scott Vandergrift _ Gary Hood, District 1 ,� Rosemary Wilsen, District 2 City Manager ` g Rusty Johnson, District 3 Robert Frank ' ' Joel Keller, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Pete McNeil, Fire Chief DATE: June 27, 2012 RE: Code Enforcement Reduction of Fine /Lien for 9401 W. Colonial Dr ( #646 Auntie Anne's ) ISSUE On October 08, 2009, the property was observed to be in full compliance. Mr. Scott Wesley, Operations Manger for the West Oak Mall is requesting a reduction of fine /lien for $30, 000.00 plus City's cost of $778.47 totaling $30,778.47, since he was not aware of the situation because he started as Operations Manager for the West Oak Mall after the facts, as per Mr. Wesley testimony. BACKGROUND/DISCUSSION This property was cited on January 13, 2009 for a violation of not obtaining a final inspection for permit #0701598 for an Electrical Hoop up of Sign. On February 24, 2009, the Code Enforcement Board issued an order to comply by March 23, 2009 or be fined $150.00 per day. On October 08, 2009 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 $778.74 2 12 -097 RICHARD SMILIE TR 163 HOPEWELL DRIVE Ofc: RS Member Kelley, seconded by Member Lowery, moved that the consent agenda be accepted as presented. The 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 Vice - chairman Lowery, seconded by Member Kelley, moved that Case #09 -027 be heard first, followed by Case # 10 -169, with the board then reverting back to the agenda. The motion carried unanimously. Case No. 09 -027 — Gator Sign, Inc. West Oaks Mall 941 W. Colonial Drive, #646 Officer Rodriguez Violation Cited: 105.4 01 -13 -09 NOCV Re- inspection Date: 02 -02 -09 02 -09 -09 SOV 02 -09 -09 NOH Meeting Date: 02 -24 -09 01 -10 -09 POS Certified Mail 03 -11 -09 CO Given until 03-23-09 to comply or be fined $150 /per day 03 -26 -09 OIF /L 10 -08 -09 AC 02 -02 -10 OIFL TOTAL DUE: $30,000.00 08 -17 -10 Collection ltr. Reg. mail — returned sent 10 -28 -10 Foreclosure Order 10 -28 -10 POS Reg. & certified mail 06 -26 -12 Request for Meeting: 06/26/2012 reduction Observation: Failure to obtain any required inspections for an electrical hook -up, permit #0701598, issued on August 30, 2007. Page 2 Vice - Chairman Lowery, seconded by Member Kelley, moved that the board re -hear the case for the request of reduction of fine. The motion carried unanimously. Officer Rodriguez presented the case. The property was a store called `Auntie Annie's'. Permit obtained was granted in 2007 and expired in February 2008. The respondents came into compliance as of October 8, 2009. The total fine: $30,000. City's cost: $778.47. Mall Operations Manager Scott Werley said that they did not know about fines. Mr. Werley added that he is now working with [Fire Inspector] Shawn [Sorenson]; so that such violations will not happen again. Chairman Godek asked if the board had questions. None were posed. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #09 -027 the board recommend that the fine be reduced to $0, and that the mall be ordered pay $778.47 in City costs. The motion carried unanimously. Case No. 10 -169 — Robert L. Cramer Estate 1008 Wyoming Court Officer Loeffler Violation Cited: 115 - 5,115- 3,165 -3, 108 -35 06 -17 -10 NOCV Re- Inspection Date: 07 -15 -10 07 -15 -10 SOV 07 -15 -10 NOH Meeting Date: 07 -27 -10 07 -15 -10 POS Regular & Certified Mail 07 -19 -10 POS Posting 07 -29 -10 CO Found in violation as of July 12, 2010. Compliant on code 165 -3 As of July 14, 2010. To comply with codes 115 -3, 5, 18 -35, 168 -4A by August 13, 2010 or fine of $200 per day, per violation. 07 - - Docs sent by: Reg. & certified mail 08 -24 -10 PerC - Access fine /lien as of 08 -14 -10 and add costs for City to abate property. " 08-25-10 OIFL Fine accruing. 08 -26 -10 POS Reg. & certified mail 10 -13 -10 ANC Observation: Overgrown grass /weeds, trash/ debris, junk/abandoned vehicles, public nuisance, parking on right -of -way. Vice - Chairman Lowery, seconded by Member Kelley, moved that the board re -hear Case #10 -169 for possible reduction in fine. The motion carried unanimously. Officer Loeffler presented the case and gave its history. Exhibits presented (photos). The respondent complied as of December 20, 2010. The board found the respondents in violation as of July 12, 2010, and gave them until July 14, 2010, to comply. Member Kelley asked if the officer said that it had been in compliance as of 19 months ago. Officer Loeffler answered, `yes'. Attorney Sneed asked the amount of the City's costs. Officer Loeffler answered that the City's costs were $1016. Ms. Suzy Morrow, Century 21st Realty, representing the buyer Ms. Tera De La Rosa, asked the board to Page 3 .... , AA 1 ii it: 1 511 - It 1 ilt 14 1 (4. , 1 „ L ...L.:-, 1 '. . . , „ ..,.. • ; ... ,....... .... ,........ .4 ,.„,..... IT CP TO THE 0 -,-.,.. • ' ........ _ . GREATEST , - ■ 1 : i i , ,,, ..., .. o t I :.. . . 06 " 27 ;)012 ..,.,__ „ „„._,.., ..,,,...„...,. - _. • ,_ t- • . ii- ..., 1 '11'.J.i ,,,,,.....:,... •,_ . .•- . . .,, ..,, -.......,............ _____ , I' I 611 V4Ilit: : e." 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