HomeMy WebLinkAboutItem #09 Code Enforcement Reduction of Fine/Lien for 1004 Oakwood Ln.� b
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AGENDA ITEM COVER SHEET
Meeting Date: July 16, 2013
Item # -9
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 1004 Oakwood Ln. (District 2
Commissioner Wilsen)
Background Summary:
On November 22, 2011, during a Minimum Standards Housing Inspection, the property located at 1004
Oakwood Ln. was observed to have three (3) code violations: broken interior doors, no smoke alarms, and
missing interior electrical faceplate covers throughout. On January 24, 2012, the Code Enforcement Board
found the respondents in violation as cited and issued an order to comply by February 07, 2012 or be fined
$100.00 per day. On February 08, 2012, the property was observed to still be in non - compliance.
Issue:
On June 6, 2013, the property was observed to be in full compliance, with an accrued fine totaling $48,600.00.
At the June 25, 2013 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 board recommended reducing the fine to
$2,000.00. The Code Enforcement Board commended the property manager for bringing the property into
compliance after only six weeks, as it had been in non - compliance for approximately 16 months prior.
Recommendations:
Staff recommends that the Commission approve the fine of $2,000.00, to reimburse the City for administrative
costs, as well as a penalty assessed.
Attachments:
Code Enforcement Board minutes.
Financial Impact:
City's cost to date: $1,029.49.
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
Regular Agenda
Resolution
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. = AWAt N/A
Reviewed by O N/A
EXCERPT DRAFT
CODE ENFORCEMENT BOARD MINUTES
JUNE 25, 2013
CALL TO ORDER
Vice - Chairman Darrell Lowery called the regular meeting of the Ocoee Code Enforcement Board to order
at 7:00 p.m. in the Commission Chambers at City Hall. The vice - chairman led the invocation and Member
Kelley led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present.
PRESENT: Vice - Chairman Lowery, Members Amey, Kelley, and Osborne. Also present were Asst.
Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement
Officers Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Ballard,
Board Attorney Mary Sneed, and Recording Clerk Stella McLeod.
ABSENT: Chairman Godek, Members Blynder and Carrington were all absent /excused.
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 771E 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 771E ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED
SEPARATELY.
A. Minutes of the May 28, 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
Case Number Respondent
13 -044 ANDREA MARIE STEPHENS
OFFICER SEARS HOME IMPROVEMENT
LOEFFLER PRODUCT
13 -062 THEODORE VON DER HEYDE
OFFICER
LOEFFLER
13 -065 ESTELLE MONK LIFE ESTATE
OFFICER
LOEFFLER
Location of Violation
1503 PRAIRIE LAKE BLVD
2405 STRICKER DRIVE
1010 FEATHERSTONE CIR
C. Order of Continuance (JULY 23, 2013 Meeting)
Case Number Respondent
13 -058 FRANK AMARAN
OFFICER
SIEGRIST
Location of Violation
312 E. SILVER STAR RD
Member Kelley, seconded by Member Amev, moved that the consent agenda be accepted as presented.
Motion carried unanimouslv.
COMMENTS FROM CITIZENS
None.
HEARINGS OF STATEMENTS OF VIOLATIONS
PURSUANT TO THE HEARING RULES ADOPTED BY I I IIS 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:
ACED - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCE, ATP - 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 -1: 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- REDUCTION OP FINE, SFH — SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD —
WITHDREW.
Member Kelley, seconded bV Member Amev, moved that Case #11 -283 be the second item on the agenda,
then revert back to the original genda. Motion passed unanimously.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS
Case No. 11 -283 James Lake / James Mills
1004 Oakwood Lane
Officer Rodriguez
Violation Cited: 108- 23U,108 -19I, NEC110 -12
Observation: Broken back bedroom door, broken master bedroom door, no smoke alarms installed near sleeping area and operable and
uncovered electrical outlets around the house.
11 -22 -11
NOTICE OF CODE VIOLATION
RE- INSPECTION DATE: 12-05-11
12 -07 -11
STATEMENT OF VIOLATIONS
12 -07 -11
NOTICE OF HEARING
MEETING DATE: 01 -24 -12
12 -07 -11
ALL DOCUMENTS SENT BY
REG. & CERTIFIED MAIL
01 -24 -12
COMPLIANCE ORDER
FOUND IN VIOLATINS AS OF 11 -29 -11
AND TO COMPLY BY 02 -07 -12 OR FINE
OF $100.00 PER DAY.
02 -08 -12
AFFIDAVIT OF NON- COMPLIANCE.
Page 2
03 -15 -12 ORDER IMPOSING FINE /LIEN
03 -16 -12 PROOF OF SERVICE
04 -10 -12 AFFIDAVIT OF NON COMPLIANCE
06 -13 -12 AFFIDAVIT OF NON COMPLIANCE
08 -13 -12 AFFIDAVIT OF NON COMPLIANCE
10 -16 -12 AFFIDAVIT OF NON COMPLIANCE
12 -17 -12 AFFIDAVIT OF NON COMPLIANCE
02 -20 -13 AFFIDAVIT OF NON COMPLIANCE
04 -23 -13 AFFIDAVIT OF NON COMPLIANCE
06 -06 -13
AFFIDAVIT OF COMPLIANCE
06 -06 -13
REQUEST FOR REDUCTION
06 -21 -13
NOTICE OF CLAIM OF LIEN
06 -24 -13
PROOF OF SERVICE
06 -25 -13
REQUEST FOR REDUCTION
MEETING DATE 06 -25 -13
TOTAL DUE $48,600.00
CERTIFIED MAIL
RECOMMEND TO REDUCE FIEN TO
$2000.00 TOTAL. TO BE HEARD BY
COMMISSION BOARD TO SET FINAL
AMOUNT OF FINE.
Officer Siegrist presented the case and gave its history in place of Officer Rodriguez. The property is in
compliance. The fine equals $48,600. The total cost to the City: $1,030.00.
Vice - Chairman Lowery invited forward whomever was going to speak about the case.
Mr. Max Rosenblum, listing agent, 356 S. Osceola, Orlando FL, 32801, stated that the house was
possessed by the bank earlier this year. He added that the homeowner was incredibly neglectful of the
property to the detriment of his neighbors. When they entered the home, it appeared that a number of
animals were left in the property. Those animals had to be evacuated. The property was cleaned up in a
couple of weeks. The previous buyer walked away because they could not close on time. The property now
has a new buyer. Mr. Rosenblum reiterated that they brought the property into compliance as quickly as
they could.
Member Amey questioned whether the bank was really ignorant of the condition of the property. Mr.
Rosenblum replied that banks only know what listing agents tell them. He said that the first inkling that the
bank had that there was a problem was when his firm told the bank earlier this year in January.
Board Attorney Sneed advised that the board would be making a recommendation.
Member Osborne, seconded by Member Amey, moved that the board recommend that the fine be reduced
to $5, 000 and include the City's costs of $1030.00, for a total cost of $6,030. 00.
Member Kelley asked when the first closing fell through. Mr. Rosenblum responded that the closing fell
through towards the end of April. Member Kelley asked when Mr. Rosenblum became the listing agent.
Mr. Rosenblum answered that he became the agent around February. Member Kelley, noting that they got
the property in compliance within six weeks after it had been left non - compliant for 18 months, questioned
why the board wanted to recommend a fine when the listing agent brought the property into compliance so
quickly.
Member Osborne answered that she was trying to be consistent.
REG & CERTIFIED MAIL
Page 3
The roll -call vote resulted in a tie hence the motion failed, with Vice - Chairman Lowery and Member
Kelley casting the dissenting votes.
Member Kellen seconded by Member Amey moved that the board recommend that the fine be reduced to
$2000 including the City's costs The motion passed by majority roll -call vote with Member Osborne
casting the dissenting vote.
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