HomeMy WebLinkAboutItem #11 Code Enforcement Reduction of Fine/Lien for property located at 1008 Wyoming Court O
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AGENDA ITEM COVER SHEET
Meeting Date: July 17, 2012
Item #
Reviewed By:
Contact Name: Pete McNeil Department Director:
Contact Number: 407 - 905 -3140 City Manager: Robert Frar&
Subject: Code Enforcement Reduction of Fine /Lien for property located at 1008 Wyoming
Court (District 1 - Commissioner Gary Hood)
Background Summary:
This case originated as a complaint forwarded from the police department on July 11, 2010. The request was to
examine a vacant home occupied only by several dogs, juveniles who stopped occasionally to feed the dogs
and hang -out, a junk vehicle and misc. junk and debris. On July 12, 2010 Code Enforcement Officer Edward
Loeffler did observe the conditions conveyed in the complaint in addition to disconnected water utility,
disconnected electric utility, open containers of used motor oil, closed containers of unknown chemical content,
55 gallon drums with unknown content, overgrown weeds and grass and shattered front window glass.
This property and owner, the Robert L Cramer Estate, was immediately cited on the same day, July 12, 2010
for violation of ordinances 115 -5 regarding tall grass, 115 -3 regarding misc. junk and debris, 108 -35 regarding
the public nuisance conditions and their impact on the public health, safety and welfare and 165 -3 / 168 -4 A 16
regarding the junk vehicle parked partially on the front easement. The violation notice was posted at the
location as person(s) were known to occasionally come and go. Progress Energy Loss Prevention and Orange
County Animal Services were also summoned. Due to the severity of the nuisance conditions and their impact
on the surrounding residents the notice provided until July 15, 2010 to correct the violations. On the same date,
July 12, 2010 Code Enforcement Officer Loeffler received a phone call from an unknown party who proceeded
to yell and curse about police and city harassment. On July 14 Code Enforcement Officer Loeffler noticed that
the vehicle had been removed rendering ordinances 165 -3 and 168 -4 A 16 as in- compliance and demonstrating
that the violation notice had been read and understood by person(s) coming and going from the property. On
this same date papers from animal services and progress energy were observed posted at the location.
On July 15, 2010 the property was re- inspected and observed non - compliant. The case was referred to the
code enforcement board and presented at the July 27, 2010 code enforcement board meeting.
Issue:
Potential buyer Ms. Tera De La Rosa is requesting the fine /lien amount of $128,000.00 be reduced or
eliminated to enable the purchase and occupancy of the property and dwelling.
Recommendations
The Code Enforcement Board is recommending the fine /lien be reduced to the city cost of $1,016.00 The
discussion by the board to reduce the amount was based on testimony from the city, potential buyer Ms. Tera
De La Rosa and real estate agent Ms Suzy Morrow. No representative of the property owning entity
was present.
Attachments:
The original photo exhibit 'A' presented at the hearing.
Financial Impact:
City Cost: $1,016.00
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 0 N/A
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EXHIBIT `A' 10 -169 1008 WYOMING CT OFFICER E. LOEFFLER
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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 Kellen, 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
1 12 -w) 06 -17 -e 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-r 5, 18 -35, 168 -4A by
August 13, 2010 or fine of $200 per day, per violatioA. 33
07 - - Docs sent by: Reg. & certified mail
08 -24 -10 Per C.E.B.: 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
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reduce the fine.
Chairman Godek asked who had been taking care of the property for two years. Ms. Morrow answered
that she had no idea.
Attorney Sneed added that the property may have gone into foreclosure, and once the bank took title, the
bank took care of it.
There was no bank representative at the meeting.
Member Osborne, seconded by Vice - chairman Lowery, recommended that the fine be lowered to $0 and
the respondent be ordered to pay the City's costs of $1016.
Ms. Morrow asked what the 'respondents' were. Attorney Sneed answered that the respondents would be
the owners at the time [of the citation] who may not be the owner at this time.
The motion carried unanimously.
At this point, the board reverted back to the agenda. Chairman Godek noticed that City Attorney Scott
Cookson was in the audience. The chairman greeted Attorney Cookson, and the attorney stood and
introduced himself.
Case No. 12 -082 — Ma Farias
1603 Jemima Avenue Officer Siegrist
Violation Cited: 105.4, 51 -13
05 -03 -12 NOCV Re- Inspection Date: 05 -14 -12
05 -16 -12 SOV
05 -16 -12 NOH Meeting Date: 06 -26 -12
05 -16 -12 Docs sent by: Regular & Certified Mail
Observation: Expired City permit #1101621 for four (4) foot residential wood fence without a final inspection. Also, additional
work (fence in rear) without permit.
Officer Siegrist presented the case and gave its history. Exhibits were presented (photos).
Chairman Godek asked if there had been any contact with the respondent. Officer Siegrist answered that
there had been no contact with the respondent.
Member Kelley, seconded by Member Osborne, moved that in Case #12 -082, the respondent be found in
violation as cited as of May 14, 2012, and be given until July 10, 2012, to comply or be fined $100 per day,
per violation. The motion carried unanimously.
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