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Home My WebLink AboutItem #16 Code Enforcement Reduction of Fine/Lien for Bank of America and a Contracted Realtor for Property Located at 1500 Tangerwood Ct. <>> `cen ter of Good L o rb , oco AGENDA ITEM COVER SHEET Meeting Date: August 21, 2012 Item # t , 1 Reviewed By. I Contact Name: Doug Gaines Department Director: / ``) {� City Manager: Number: 407-905-3100 ext 1503 C ty er: Robert Frank g Subject: Code Enforcement Reduction of Fine /Lien for Bank of America and a contracted realtor re: 1500 Tangerwood Ct. (District 1 Commissioner Gary Hood) Background Summary: This property was cited on January 01, 2011 by Officer Edward Loeffler as a nuisance to the public health, safety and welfare. The property, a corner lot with no privacy fence, was littered with trash, junk and debris visible to all neighbors, pedestrians and motor - traffic. The code violated was 108 -24D. On January 28, 2011 the property was re- inspected and found non - compliant. The case was assigned number 11 -019 and was presented before the Code Enforcement Board on February 22, 2011. The Board issued an order to comply by March 11, 2011 or be fined $100.00 per day. On March 22, 2011 an order imposing fine and lien was recorded. The location was routinely checked five times by Officer Loeffler; May 2011 through January 2012 with related affidavits of continued non - compliance. On March 24, 2012 Officer Loeffler observed the violation corrected and in- compliance. An affidavit of compliance issued on the same date. Issue: Bank of America Corp. is requesting the fine /lien amount of $37,700.00 be reduced or eliminated to help facilitate a pending potential sale to a new owner. The potential new owner did not appear at the hearing and it is not known if the potential buyer is an entity or individual. Recommendations The Code Enforcement Board is recommending the fine /lien be reduced to $1015.00 to cover the City's cost with an additional community impact penalty of $500.00. The discussion and recommendation of the board was based on testimony from an realtor representing the Bank of America and a potential buyer. Attachments: Images from the original case. Financial Impact: None 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 >e 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 2 1500 TANGERWOOD STATUS CHECK / PHOTOS JANUARY 31, 2012 EDWARD LOEFFLER : ' ' ' 7 \ -- , 4!itZ ... '." r,. VP 1 rl 1 !3I 17 V "'V - O1C31l201 ■ r ' 4 FF x t AP ill . 0. 4 b'1 /31 x'1012 -z ' . * X - ' 01!31!2012 ■.�,. ' t t fi . ;;. i r OF 1 iropf - • • 3 4„ ,, -.- 4.J `! 4 ,. 01/31/2012 nrks ,� .0-1131/i012, 01/31/2012 Member Kelley, seconded by Member Blynder, 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, AUNC - 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, NOB - NOTICE OF HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIFIL- ORDER IMPOSING FINE/LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORE - 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, move that Case #11 -019 is to be heard first and Case #12 -113 is to be heard second; the board will then revert back to the regular a,gencla. Case No. 11 -019— Lgnda Gaudencio 1500 Tangerwood Court Officer Loeffler Violation Cited: 108 -24 D. Observation: Miscellaneous junk, trash, rubbish, debris littering backyard; corner lot, fence section mission or open and visible from street / sidewalk. 01 -10 -11 NOV Re- inspection Date: 01 -28 -2011 02 -03 -11 SOV 02 -03 -11 NOH Meeting Date: 02 -22 -11 02 -03 -11 POS Reg. & certified mail 02 -22 -11 CO Found in violation as of 01 -19 -11 to comply by 03 -11 -11 or fine of $100 per day until compliance. 03 -22 -11 PER C.E.B. Impose fine /lien as of 03/12/2011 03 -22 -11 OIF /L 03-23-11 POS Reg. and certified mail 05 -23 -11 Affidavit of non - compliance (ANC) 07 -25 -11 ANC 09 -26 -11 ANC 11 -28 -11 ANC 01 -31 -12 ANC 03 -24 -12 AOC 03 -27 -12 OIF /L Total due: $37,000.00 03 -27 -12 POS Reg. and certified mail 05 -21 -12 Request for reduction Meeting date: 06 -26 -12 07 -18 -12 Continued request Meeting date: 07 -24 -12 Page 2 — Vice - Chairman Lowery, seconded by Member Kelley, moved that the board re -hear the case for the request of reduction offine. The motion carried unanimously. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). Board Attorney Sneed added that this is a recorded lien; hence, the board will be making a recommendation. Mr. John Toms, 2137 Lake Nona Drive, a realtor for the bank, spoke to the board about the case. Mr. Toms said that the previous owners did the damage shown in the pictures. Chairman Godek asked if the place was up for sale. Mr. Toms said they are waiting to close [on the sale of the home]. Member Osborne, seconded by Member Amey, moved that in Case #11 -019 the board recommend that the fne be reduced to $1015(the City's costs) plus S500 totaling ,1515.00. The motion carried unanimo2 Case No. 12 -113 — Hope Freeman 323 Hormigas Street Officer Delgado Violation Cited: 115 -5, 115 -3, 95 -3, 165 -3, and 165 -4 06 -28 -12 NOV Re- Inspection Date: 07 -12 -12 07 -12 -12 SOV 07 -12 -12 NOH Meeting Date: 07 -24 -12 07 -12 -12 POS Regular & Certified Mail 07 -12 -12 Proof of notice by posting Observation: Overgrown grass or weeds, deterioration of existine fence. Untagged / expired tag / inoperable vehicle was on the property. Miscellaneous junk / debris were on property. Officer Delgado presented the case and gave its history. Exhibits (photos) were presented. The property was not in compliance as of today. Chairman Godek noted that 115 -7 is not listed on the docket. Officer Delgado answered that it appears on the notice of code. Member Amey asked about violation 165 -9. Officer Delgado said that it is an advisement that the city can have the vehicle removed from the property if the board so authorizes. Member Blynder asked how many violations there are. Officer Delgado said there are six: 115 -5, 115 -7, 95 -3, 165 -3, 165 -9 and 1 15 -3. Attorney Sneed said if they (the board) cite the respondent, the motion should include all of the violations rather than simply indicating as cited'. Ms. Hope Freeman, 323 Hormigas Street, spoke to the board about the case. She said that the vehicle is in the garage, and the debris has been cleaned up. She explained that she is going through a divorce and has been unable to do more to the property due to finances. Ms. Freeman had pictures of the property with her. The chairman said that the code enforcement officer can go re- inspect the property tomorrow. Ms. Freeman asked for four additional weeks to get everything cleaned up. - Page 3