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Home My WebLink AboutItem #11 Approval of Code Enforcement Reduction of Fine/Lien for Lake Butler Professional Center LLC14 ka � k %/� f101ida AGENDA ITEM COVER SHEET Meeting Date: June 4, 2013 Item # ' I Reviewed By. Contact Name: Douglas Gaines Department Director: Contact Number: 407 - 905 -3100 X 1530 City Manager: , Subject: Code Enforcement Reduction of Fine /Lien for Lake Butler Professional Center LLC Located at 1650 Maguire Rd. (District 3 / Commissioner Johnson) Background Summary: On April 15, 2009, the property located at 1650 Maguire Rd. was observed to be vacant with weed /grass growth over 10 ". The growth was so high that the City received numerous complaints from motorists regarding obstructed view. On July 28, 2009, the Code Enforcement Board found the respondents in violation as cited and issued an order to comply by August 07, 2009, or be fined $200.00 per day, plus any additional costs of nuisance abatement. On August 16, 2009, the property was observed to still be in non - compliance, and continued to be out of compliance until August 9, 2012. Issue: On August 09, 2012, the property was observed to be in full compliance, with an accrued fine totaling $218,135.71. At the August 28, 2012, Code Enforcement Board Meeting, the property manager stated that the property was for sale and that this fine was a deterrent to potential buyers. The property manager also advised that development is pending and that potential new owners have had several meetings with City Planning /Zoning officials. The Board recommended reducing the fine to $5,000.00. The property was recently rezoned for this development. Recommendations: The Code Board recommends that the City Commission reduce the lien to $5,000.00, which will reimburse the City for its cost of enforcement and impose a penalty of $464.29. Attachments: Photos and minutes from the August 28, 2012 Code Enforcement Board meeting. Financial Impact: Estimated City's cost to date: $4535.71. The reduction to $5,000 would cover this, plus add a little. Type of Item: (please mark with an 'V) Public Hearing For Clerk's Dept Use. Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. , N/A Reviewed by () N/A Member Kelley, seconded by Vice - chairman Lowery, moved that the consent agenda be acce ted as presented. The motion carried imanimousby COMMENTS FROM CITIZENS None. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS 130ARD 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 — CONTINIIF.D SLAY, C7 R - COPY TO RESPONDENT, F.CO — 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 - STATL-MENT 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 909 -127 be heard first, and then the board will revert back to the rUidar agenda. Vice - chairman Lowery, seconcled by Member Kelley, moved to re -hear case 909- 127for the purpose of possible fine reduction. The motion carried unanimously. Case No. 09 -127 — Lake Butler Professional Center LLC 1650 Maguire Road Officer Siegrist Violation Cited: 115 -5 04 -22 -09 NOCV Re- Inspection Date: 05 -08 -09 05 -14 -09 SOV 05 -14 -09 NOH Meeting Date: 05 -26 -09 05 -14 -09 POS Regular & Certified Mail 05 -15 -09 POS Posting 05 -26 -09 OC Regular Mail 06 -23 -09 OC 04 -28 -09 CO 06 -26 -09 POS Regular & Certified Mail 07 -17 -09 POS Posting 07 -28 -09 CO Given until 08 -07 -09 to comply or be fined $200 /per day; Also abate and add cost to fine 08 -06 -09 POS Regular & Certified Mail 08 -18 -09 ANC 09 -01 -09 OIF /L 09 -01 -09 POS Regular and certified mail Page 2 of 4 10 -20 -09 AFFIDAVIT OF NON - COMPLIANCE 12 -21 -09 AFFIDAVIT OF NON - COMPLIANCE 02 -22 -10 AFFIDAVIT OF NON - COMPLIANCE 04 -22 -10 AFFIDAVIT OF NON - COMPLIANCE 06 -22 -10 AFFIDAVIT OF NON - COMPLIANCE 08 -31 -10 AFFIDAVIT OF NON - COMPLIANCE 11 -01 -10 AFFIDAVIT OF NON - COMPLIANCE 01 -03 -11 AFFIDAVIT OF NON - COMPLIANCE 03 -04 -11 AFFIDAVIT OF NON - COMPLIANCE 05 -04 -11 AFFIDAVIT OF NON - COMPLIANCE 07 -05 -11 AFFIDAVIT OF NON - COMPLIANCE 09 -12 -11 AFFIDAVIT OF NON - COMPLIANCE 08 -09 -12 AFFIDAVIT OF NON - COMPLIANCE 08 -09 -12 REQUEST FOR REDUCTION Observation: Weed /grass growth over 10 ". Officer Siegrist presented the case and gave its history. Exhibits (photos) were presented. The officer reported that the fine totals $216,380.00 and that the City's costs total $4,535.71. Chairman Godek asked of the grass had been uncut for all these years. Officer Siegrist answered that the property had trimmed just the perimeter border in the past. Chairman Godek invited to the podium as speaker for the case. Attorney Sneed reminded the board that they will be making a recommendation to the commission. Ms. Dorothy Watson, 111 North Orange Avenue, Suite 1800, was invited to speak. She explained that she is a representative of a developer that is considering developing the property in question. She explained how the bank came to own the property. She added that the developer is going through Ocoee's planning department to develop the property in such a way as to include nlulti- family space. Ms. Watson added that they are asking that the fees be waived. Commitments have been made to the City for road improvements (up to $400,000). Ms. Watson added that they want to become a valuable member of the community. Chairman Godek reminded her that the board can only recommend. Vice - Chairman Lowery said that the City does have a cost for this violation. Ms. Watson said that she understood, and that they are willing to take care of reasonable costs. When asked about the City's costs, Officer Siegrist added that about $3,000 of the City's cost was for the abatements. Member Osborne moved that in Case #09 -127 the fine be reduced to $5,000 and that the cast to the City be added on. The motion dies for lack of second. 111ember Blwrder, seconded by mice - Chairman Lowery, moved that in Case 909 -127 the total . fine be reduced to $5, 000. The motion fails by roll call vote of 2 to 4 with Chairman Godek Members Osborne, and Kelley, and Alt. Member Carrington ouposinQ . Page 3 of 4 During the discussion phase, Chairman Godek said that the amount was too low. Member Kelley, seconded by Member Osborne moved thus in Case #09 -127 the fine be reduced to $10,000 and that the City's costs of $4,535.71 be added to that far a total $14,535.71. The motion fails by roll call vote of 2 to 4 with Chairman Goilek, mice - Chairman Lowery, Member Blunder and Alt. Member Carrington opposing. The board members discussed their differing opinions regarding the amount the fine should be. Member Kelley asked the chairman where he perceived the fine should be. Chairman Godek said that he guessed that the fine should be around $3,000 on top of the $4500 since the community had to look at the [non - compliant] property for several years. Vice - Chairman Lowery said that he looks at it from the perspective of what it (the development of the property) could do for the City. The vice - chairman asked who should be penalized. Member Kelley said in that case why charge anything other than just the City's costs. Vice - Chairman Lowery explained his position by saying that he looks at the different parties involved. The property was not in an area that caused lots of complaints. Member Kelley answered that he would just as soon vote for lowering the fine to the City's cost rather than charging the additional $3000 which is only a token of the original fine. He said he would now vote for the original motion. Attorney Sneed stated that Member Kelley basically said lie would vote for Member Blynder's ]lotion. Member Blunder, seconded by Member Kelley moved thol in Case 409 -127 the board reconnnend to the connnission that the fine be reduced to $5000 The motion carried unanit)iously. Page 4 of 4 l� I CQ in r I.I. bwi � L or I i 4 ' I IJ 1 V ` • ,f• • .. _ ', mil I t _ V � L or I i 4 ' I IJ �: :�■ �� :�.. t �,._ . �. � .. t � -, ��._. i � � r � Z � !, -. �R.g � -- __ _ .. _ �� -��-