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Home My WebLink AboutItem #15 Approval of Code Enforcement Reduction of Fines/Liens - Case #12-234 for Beverly Bellinger, and Christopher Jones: 844 Patriots Point Drive0('0e(-> '10,ida AGENDA ITEM COVER SHEET Meeting Date: June 18, 2013 Item # ` C) Contact Name: Doug Gaines Contact Number: 407 905 -3100 ext 1503 Reviewed By: Department Director: City Manager: Subject: Code Enforcement Reduction of Fines /Liens — Case # 12 -234 for Beverly Bellinger and Christopher J. Jones: at 844 Patriots Point Drive (District 3 Commissioner Johnson) Background Summary: This property was cited on November 6, 2013 as a Repeat Violator for violation of the City of Ocoee Ordinance 115 -6, Abandoned or unsafe swimming pool; 115 -3, Prohibited Acts; and 108 -35, Public Nuisances. The Code Violation was for Public Nuisance of dog feces all over the enclosed back screen patio. The swimming pool water was also dirty and green. On March 13, 2013 Ordinance 108 -35, Public Nuisance, and 115 -3, Prohibited Acts of feces all over screened patio, were brought into compliance. The property remained in violation with Ordinance 115 -6, Abandoned or unsafe swimming pool, until May 13, 2013 when the property was observed to be in full compliance. The Code Enforcement Board issued an Order of fine of $500.00 per day, per violation as a repeat violator as of November 6, 2012. Issue: Lisa Jones and Christopher J. Jones appeared before the Code Enforcement Board on May 28, 2013, and requested a reduction of the fine, which totals $191,000.00. The City's cost is $598.88. Lisa Jones has the house up for sale, and she said they have a potential buyer for this house. Recommendations The Code Enforcement Board is recommending the fine /lien be reduced to $10,000.00 plus the city's cost of $598.88 for a total of $10,598.88. Attachments: Photos and Code Enforcement Board minutes. Financial Impact: The City's cost was $598.88, so the Board's recommendation would recoup these costs, plus an additional $10,000.00. 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 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 c, Reviewed by () N/A 2 EXCERPT OF CODE ENFORCEMENT BOARD MINUTES MAY 28, 2013 CALL TO ORDER DRAFT Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers at City Hall. Member Carrington led the invocation and Member Amey led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice - Chairman Lowery, Members Amey, Blynder, Carrington, Kelley, and Osborne. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado, Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: None. GUESTS: None. Administrative Assistant Ballard administered the oath to the code enforcement officers and to anyone intending to speak regarding a case. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE 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. A. Minutes of the April 23, 2013, Code Enforcement Board Meeting Assistant Support Services Director - Code Enforcement Manager Doug Gaines presented the dismissals - compliances as well as the continuances. B. Dismissal or Compliance (Cases #13 -025, #13 -027, #13 -028, #13 -034 were transferred to the consent agenda) Case Number Respondent C. Order of Continuance (JUNE 25, 2013 Meeting) Case Number Respondent Location of Violation Location of Violation ': 13 -044 LAKE BLVD OFFICER LOEFFLER 13 -045 OFFICER LOEFFLER ANDREA MARIE STEPHENS 1503 PRAIRIE SEARS HOME IMPROVEMENT PRODUCT AHMED SALAH NOHA NOUR ADT LLC 2323 BLAKE WAY Member Kelley, seconded by Member Carrington, moved that the consent agenda be accepted as presented. 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 ']'HE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE. MINUTES TIIE "I TILLS '10 1 HOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACED - 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 — F.XTENDFD 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, . ORE ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED. POS - POS, RFR - REQUEST FOR REHEARING, RFRDUC- REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- RFDUCTION OF FINE. SFH - SUBPOENA FOR HEARING, SOV -STATEMENT OF VIOLATION (S) and WD- WITHDREW. Vice - Chairman Lowery, seconded by Member Kelley, moved that the order of the agenda be changed to hear the following cases in sequence which are #13 -032, #12 -234, #13 -002, and then revert back to the original agenda. Motion carried unanimously. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HF ARINC:'S Case No. 12 -234 Beverly Bellinger / Christopher Jones 844 Patriots Point Drive Officer Delgado Violation Cited: 115 -3, 115 -6, 108 -35 Observation: Dog feces all over back screen patio. Swimming pool water dirty and green. 11 -06 -12 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: REPEAT VIOLATION 11 -06 -12 STATEMENT OF VIOLATIONS 11 -06 -12 NOTICE OF HEARING MEETING DATE: 11 -27 -12 11 -06 -12 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 11 -27 -12 COMPLIANCE ORDER FOUND IN REPEAT VIOLATION AS OF 11 -6 -12 FINED $500.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE 11 -28 -12 PROOF OF SERVICE CERTIFIED MAIL 03 -13 -13 AFFIDAVIT OF COMPLIANCE 115 -3 & 108 -35 03 -13 -13 AFFIDAVIT OF NON COMPLIANCE 115 -6 04 -30 -13 ORDER IMPOSING FINE /LIEN 04 -30 -13 PROOF OF SERVICE CERTIFIED MAIL 05 -13 -13 AFFIDAVIT OF COMPLIANCE 05 -14 -13 ORDER IMPOSING FINE /LIEN TOTAL DUE $191,000.00 05 -14 -13 PROOF OF SERVICE CERTIFIED MAIL 05 -28 -13 REQUEST FOR REDUCTION MEETING DATE: 05 -28 -13 05 -28 -13 RECOMMENDATION REDUCE FINE TO $10,598.88. TO BE HEARD BY CITY COMMISSION FOR FINAL DETERMINATION Vice - Chairman Lowery, seconded by Member Kelley moved that Case #12 -234 be re -heard for possible reduction of fine. Motion passed unanimously. Officer Delgado presented the case and gave its history. An exhibit (photo) was presented as well. The property was brought into compliance on May 13, 2013. The total owed for the lien is $191,000. The City's cost is $598.88. Ms. Lisa Jones, 3348 S. Lake Butler Blvd., Windermere, spoke for the case. Ms. Jones explained that her son travels frequently, and his roommate failed to take care of things. As soon as they found out the problems, however, they took care of them. Chairman Godek asked about the length of time it took to fix the problem. Ms. Jones said that the pool was in compliance but had additional problems due to a clogged drain. They spent additional funds having the drain repaired and returning the pool to good condition. Member Osborne asked how it became a repeat violation if it was taken care of immediately. Officer Delgado said in November of 2012 the pool and property were in violation. In March 2013, the deck was cleaned up, but the pool was still dirty. Board Attorney Sneed clarified that this was the November 2012 case that came to the officer as a repeat violation. Officer Delgado replied affirmatively. Member Kelley asked the original date of the repeat violation. Officer Delgado answered that she did not have the date with her. Member Carrington asked why notice was not taken the first time in September to fix the problem, and how do they know this won't happen again. 3`: Ms. Jones answered that they removed the dogs and fixed the pool. Her son travels a lot and is actually selling the house. He was supposed to close May 24, 2013, but he could not due to this problem. Board Attorney Sneed reminded the board that this will be recommendation. Member Blynder said that he recalled that the neighbor came to the board two months in a row. Both times there were photographs of a horrible situation on the property. Ms. Jones said the neighbor takes a picture everyday of everything. Ms. Jones replied that she understood the board's position, but the board does not know what she has been through with the property. Mr. Gaines clarified that the City did not cite according to the photographs taken by the neighbor. The City used only the photos taken by staff. Member Osborne moved that board reduce the Fne to $5000; the motion died for lack of a cecnnd The chairman asked the board for another motion. Member Blynder, seconded by Member Kelley, moved that in Case #12 -234, the board recommend to the commission that the fne be reduced to $10,000 plus the City's costs of $598.88. Motion passed by majority roll -call vote of 4 to 3 with Chairman Godek, and Members Amey and Osborne dissenting. Case No. 13 -002 Thomas R. Ison Sr. Estate 6 E Delaware Street Officer Loeffler Violation Cited: 115 -3, 108 -35, 108 -19, 108 -22, 108 -24 Observation: Occupancy of a dwelling and allowing occupancy of a dwelling in violation of ocoee minimum housing standards. Unsanitary conditions affecting the health, safety and welfare of the public and occupants. No electircal or water utilities required to meet sanitary and occupancy related ordinates: no connection to legal, approved source of potable water and electrical service supply required for sanitary ofperation of waste system, hot and cold water supply, potable water supply, and mechanical perishable food storage. Wrecked, cut -up sport utility vehicle hulk, chassis and parts in the unfenced open access front yard, visible from street and from ocoee middle school. Vehicle hulk creating a danger and nuisance to the public health saftey and welfare. Misc. Junk, debris littering the property. 01 -08 -13 NOTICE OF CODE VIOLATION 01 -08 -13 STATEMENT OF VIOLATIONS 01 -08 -13 NOTICE OF HEARING 01 -08 -13 ALL DOCUMENTS SENT BY 01 -22 -13 COMPLIANCE ORDER RE- INSPECTION DATE: MEETING DATE: 01 -22 -13 REG. & CERTIFIED MAIL FOUND IN COMPLIANCE OF 01 -22 -13 OF 115 -3, 108 -35, 108 -19 F &D, 108-22,108-24D. FOUND IN VIOLATION OF 108 -19A, 108 -9C. TO COMPLY BY 01 -25 -2013 OR FINE OF $150.00 PER DAY, PER VIOLATION, UNTIL Vice - Chairman Lowery, seconded by Member Amey, moved to re -hear Case #13 -002 for possible reduction oLfine. Motion carried unanimously. Officer Loeffler presented the case and gave its history. The property owner had little control of the situation as there was a tenant occupying the property. Upon the departure of the tenant as of April 19, 2013, the property rapidly came into compliance. City costs total: $426.00. Ms. Patricia Breeze (formerly Ison), said that the tenant has moved and everything is in compliance. Board Attorney Sneed reminded board that this is a recommendation to the commission. Member Blynder, seconded by Member Amey moved that in Case #13 -002, the board recommend to the commission to reduce the fine to the City's costs. Motion passes by majority roll -call vote of 5 to 2 with Members Carrington and Osborne dissenting. N IN COMPLIANCE. 02 -26 -13 BOARD ORDER IMPOSE FINE AS PERSUANT TO JAN. 23, 2013 ORDER. 02 -27 -13 ORDER IMPOSING FINE -LIEN 02 -27 -13 PROOF OF SERVICE CERTIFIED MAIL 03 -26 -13 AFFIDAVIT OF NON COMPLIANCE 04 -19 -13 AFFIDAVIT OF COMPLIANCE 04 -24 -13 ORDER IMPOSING FINE -LIEN TOTAL DUE $25,200.00 04 -25 -13 PROOF OF SERVICE CERTIFIED MAIL 05 -28 -13 REQUEST FOR REDUCTION MEETING DATE: 05 -28 -13 05 -28 -13 RECOMMENDATION REDUCE FINE TO CITY COST OF $426.11. TO BE HEARD AND DETERMINED BY BOARD OF COMMISSION. Vice - Chairman Lowery, seconded by Member Amey, moved to re -hear Case #13 -002 for possible reduction oLfine. Motion carried unanimously. Officer Loeffler presented the case and gave its history. The property owner had little control of the situation as there was a tenant occupying the property. Upon the departure of the tenant as of April 19, 2013, the property rapidly came into compliance. City costs total: $426.00. Ms. Patricia Breeze (formerly Ison), said that the tenant has moved and everything is in compliance. Board Attorney Sneed reminded board that this is a recommendation to the commission. Member Blynder, seconded by Member Amey moved that in Case #13 -002, the board recommend to the commission to reduce the fine to the City's costs. Motion passes by majority roll -call vote of 5 to 2 with Members Carrington and Osborne dissenting. N