HomeMy WebLinkAboutItem #08 Approval of 2nd Code Enforcement Reduction of Fines/Liens for The Florida LP - Newest Owner of 1714 Palmerston Circleflorida
AGENDA ITEM COVER SHEET
Meeting Date: December 17, 2013
Item # a
Contact Name: Doug Gaines
Contact Number: 407 905 -3100 ext 1503
Reviewed By:
Department Director:
City Manager:
Subject: 2 "" Code Enforcement Reduction of Fines /Liens for The Florida LP. The Florida LP is
the newest owner of 1714 Palmerston Circle
Background Summary:
On January 5, 2008, a violation notice was issued by Code Officer Theresa Rodriguez for having no final
inspection on a fence permit issued by the Building Department. On April 22, 2008 the Code Enforcement
board issued a compliance order followed by an order imposing fine and lien on April 27, 2008 for non-
compliance. On June 19, 2009 the property was found to be compliant with the code, stopping at an accrued
fine of $58,650.00. On September 25, 2009, a re- hearing for reduction was held and the fine was reduced to
$2,000.00 by the Code Enforcement Board, it was further reduced by the City Commission to the City's cost of
$637.78, if paid within 60 days. This amount went unpaid, resulting in reinstatement of the original fine amount
of $58,650.00.
Issue:
Current owner, The Florida LP, claims that they had no knowledge of the fine resultant from ownership change
during the 60 day fine payment period and would like to request a reduction.
Recommendations
On November 26, 2013, the Code Enforcement Board passed a motion to reduce the fine amount to $2,000.00,
duplicating their original reduction recommendation of 2009.
Attachments:
Code Enforcement Board minutes from November 26, 2013.
Financial Impact:
The City's total cost is $637.78.
Type of Item: (please mark with an 'Y)
Public Hearing
Ordinance First Reading
_ Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
X Regular Agenda
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 O N/A
CODE ENFORCEMENT BOARD MINUTES
EXCERPT
NOVEMBER 26, 2013
CALL TO ORDER
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Chairman Robert 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 gave the
invocation, and Vice - Chairman Lowery 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 Carrington, Kelley, and Alt.
Member Hopper. Also present were Asst. Support Services Director - Code
Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler
and Robert Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney
Mary Sneed, and Recording Clerk Stella McLeod.
ABSENT: Members Amey, Blynder and Osborne were absent /excused.
GUESTS: None.
Administrative Assistant Coffey 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 13E 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 SUCI I ITEM WILL BE CONSIDERED SEPARATELY.
A. Minutes of the OCTOBER 22, 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 Location of Violation
13 -148 LOU E. BENOIST TR 70 E CIRCLE KEY DRIVE
OFFICER
DELGADO
13 -154 DEAN HARPER, INC. 99 CYPRESS KEY COURT
OFFICER
DELGADO
13 -156 1104 DOREEN AVE
OFFICER MAGGIE JONES
DELGADO
Case Number Respondent Location of Violation
13 -159 PABLO MORALES 25 COQUINA KEY DRIVE
OFFICER
DELGADO
13 -160 ESTED M ROBERTS 77 SIESTA KEY COURT
OFFICER BONNIE F ROBERTS
DELGADO FELIX FIGUEROA
13 -161 REGIONS BANK & SHOPPING 250 MOORE ROAD
OFFICER C/O FOWLER WHITE BOGGS PA
DELGADO
C. Order of Continuance (NOVEMBER 26, 2013 Meeting)
Case Number Respondent Location of Violation
13 -155 APRIL ACCOR 639 SAFE HARBOUR DRIVE
OFFICER
DELGADO
Member Kelley, seconded by Member Carrington, moved the that consent agenda be accepted
as presented. Motion carried unanimously.
Vice - Chairman Lowery, seconded by Member Kelley, moved that Case 908 -075, 13 -085, 13-
152 be moved to the beginning of the agenda and then revert back to the original agenda order.
Motion carried unanimously.
COMMENTS FROM CITIZENS
None.
HEARINGS OF.STATEMENTS OF VIOLATIONS
PURSUANT TO 'CITE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMFNTS ARE USED BY THE CODE
ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPOR'I LD IN 'I HE CASE 'CES'I'IMONY GIVEN BY TI IE CODE ENFORCEMENT OFFICER. IN
THESE MINUTES 771E TITLES TO THOSE DOCUMENTS WI 1,1, BE ABBREVIATED AS FOLLOWS:
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ACED - AFFIDAVIT OF COMPLIANCE. FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVI'I OF NON - COMPLIANCE, A'LF-
APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMI D — COMMISSION MEETING FOR DETERMINATION, CS — CONTINUED S'I AY,
C'IR - COPY 'I O RESPONDENT, ECO — EX - TENDED COMPLIANCE ORDER, EX -EXI IIBI TS, FS- FEES STAYED, LDC — Land Development Code, NOCV -
NOIICE OF CODE VIOLA'IION, NOH - NOIICE 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-
REDUCI'ION OF FINK;, SFI I SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLA' ION (S) and WD—WITHDREW.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARINGS
Case No. 08 -075 Theresa Morales
1714 Palmerston Circle Officer Siegrist
Violation Cited: 105.4
Observation: Failure to obtain any required final inspections for Fence, permit # 0602221, issued on September
08, 2006 and expired March 07, 2007.
09 -11 -13
NOTICE OF CODE VIOLATION
10 -08 -13
STATEMENT OF VIOLATIONS
10 -08 -13
NOTICE OF HEARING
10 -08 -13
ALL DOCUMENTS SENT BY
10 -22 -13
COMPLIANCE ORDER
2 -05 -08
NOTICE OF CODE VIOLATION
3 -10 -08
STATEMENT OF VIOLATIONS
3 -10 -08
NOTICE OF HEARING
3 -10 -08
PROOF OF SERVICE
3 -25 -08
ORDER OF CONTINUANCE
3 -28 -08
PROOF OF SERVICE
4 -11 -08
PROOF OF SERVICE
4 -22 -08
COMPLIANCE ORDER
5 -27 -08
ORDER IMPOSING FINE /LIEN
6 -19 -09
AFFADAVIT OF COMPLIANCE
6 -23 -09
ORDER IMPOSING FINE /LIEN
09/25/12
RECOMMENDATION ORDER
10/16/13 REQUEST FOR REDUCTION
RE- INSPECTION DATE: 10 -03 -13
MEETING DATE: 10 -22 -13
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 10- 02 -13, TO
COMPLY BY 11 -08 -13 OR FINE OF $50.00
PER DAY UNTIL IN COMPLIANCE.
RE- INSPECTION DATE: 02 -27 -08
MEETING DATE: 03 -25 -08
REGULAR AND CERTIFIED MAIL
MEETING DATE: 4 -22 -08
REGULAR AND CERTIFIED MAIL
POSTING
FOUND IN VIOLATION AS CITED
GIVEN UNTIL 5 -23 -08 TO COMPLY
OR BE FINED $150.00 A DAY
TOTAL DUE $58,650.00
BOARD RECOMMENDS TO REDUCE
FINE TO CITY COSTS ONLY OF
$637.78. TO BE DETERMINED BY
CITY COMMISSION 10/16/12.
MEETING DATE: 11/26/2013
11/26/13 C.E.B. RECOMMENDATION
TO REDUCE FINE TO $2000.00 AND TO
BE PAID WITHIN 60 DAYS OF THE
COMMISSION DECISION. TO BE
HEARD BY THE COMMISSION BOARD
FOR FINAL DECISION.
Vice - Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #08 -075
for possible reduction of fine.
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Officer Loeffler explained that the respondent was previously given a date within which to pay
the reduced fine, but did not meet the date. The officer said he believed that a new property
owner took over the property in the meantime. Chairman Godek asked what the original fine
amount was. Officer Loeffler answered that it was $58,650.
Chairman Godek asked if it was known why the respondent never paid. The officer said he did
not know. The officer added that the City had no problem with the previous reduction, and that
the commission had previously approved the $2000 reduced fine.
Mr. Sean Mills, attorney at OS Law, LLC, located at 2290 Lucien Way, Maitland FL,
representing the current property owner, stated that his client took title of the property during the
time that US Bank was to come into compliance and pay the $2000. It is Attorney Mills'
understanding that US Bank had little interest in paying off the fine. He stated that his client is
an innocent party to the previous failure to pay. Attorney Mills said that his client is asking that
the fine be reduced back to $2000.
Member Hopper stated that Attorney Mills would have to present his request again to the
commission as this board could only make a recommendation to the commission. Attorney
Mills said that he understood.
Further discussion ensued regarding the action to be taken by the board.
Member Hopper, seconded by Vice - Chairman Lowery, moved that in Case #08 -075 the code
board recommend to the commission that the fine be reduced to $2000. The fine must be paid
within 60 days of the date the commission makes its determination. The motion passed
unanimously.
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