HomeMy WebLinkAboutItem #07 Code Enforcement Reduction of Fine/Lien for Bank of America & Federal Home Loan Mortgage Corp. Re: 16 Lafayette Street`J
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AGENDA ITEM COVER SHEET
Meeting Date: April 15, 2014
Item # I
Reviewed By: • � /A
Contact Name: Doug Gaines Department Director: 'i ,✓
Contact Number: 407 - 905 -3100 ext 1503 City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for Bank Of America & Federal Home Loan
Mortgage Corp. re: 16 Lafayette Street (District 2 Commissioner Rosemary Wilsen )
Background Summary:
This property was cited on May 31, 2012 by Officer Theresa Rodriguez for a broken, cracked window. The
code in violation was: 108 -23, broken window. On August 28, 2012 the Code Enforcement Board issued an
order to comply by September 12, 2012 or be fined $100.00 per day. On September 25, 2012 the Code
Enforcement Board imposed the accruing fine and lien for non - compliance of 108 -23. Property was found in
compliance on November 12, 2012. The property is currently being maintained.
Issue:
A legal representative for Federal Home Loan Mortgage Corporation and Bank Of America, the owners
following foreclosure proceedings, appeared before the Code Enforcement Board on March 25, 2014 and
requested the fine /lien amount of $6,200.00 be reduced to the city's cost of $700.05.
Recommendations:
The Code Enforcement Board is recommending the fine /lien be reduced to $700.05. The decision by the Board
to reduce the amount was based on testimony and answers from the owner's representative and city staff.
Attachments:
Code Enforcement Board meeting minutes and photo exhibits.
Financial Impact:
The city would be paid its costs of $700.05.
Type of Item (please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
X Discussion & Direction
For Clerk's Dept Use.
Consent Agenda
Public Hearing
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 () N/A
� I
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CODE ENFORCEMENT BOARD MINUTES DRAFT
MARCH 25, 2014
CALL TO ORDER
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 Osborne. 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 Diana Turner.
ABSENT: Members Amey and Blynder 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 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 February 25, 2014, Code Enforcement Board Meeting
Code Enforcement Officer Edward Loeffler presented the dismissals - compliances.
B. Dismissal or Compliance
Case Number Respondent
14 -009 JUWAN S. TUTEN
OFFICER
LOEFFLER
C. Order of Continuance (April 22, 2014, Meeting)
Case Number
Respondent
Location of Violation
705 SNOWDEN STREET
Location of Violation
Member Osborne, seconded by Member Carrington moved that the consent agenda be accepted as
presentcd. Motion carried unanimously.
Vice - Chairman Lowery, seconded by Member Kelley, moved that Cases #14 -010 #12 -212 and #12 -095 be
moved to the bei�inninZof the agenda and then revert back to the original agenda Motion carried
unanimously.
COMMENTS FROM CITIZENS
None.
HEAR INGS OF.STATEMENTS OF VIOLATIONS
PURSUANT TO'I HE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS
IN EACH CASE AND ARE REPOR 'FED IN THE CASE TESTIMONY GIVEN BY THE ('ODE. ENFORCEMENT OFFICER. IN 'THESE MINIFIES 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, ATP - APPLICATION TO
FORECLOSE, CO - COMPLIANCE ORDER, CMFD - COMMISSION MEETING FOR DETERMINATION, CS CONTINUED STAY, CTR - COPY TO RESPONDENT. F.C'O -
EXTENDED COMPLIANCE ORDER. EX- EXHIBI "FS. 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 UN I'll, 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
Case No. 14 -010 Bonnell L. Patrick
1912 Marsh Wren Court Officer Loeffler
Violation Cited: 51 -13, 108 -24D
Observation: Unpermitted construction: secondary deck with below -grade room under secondary deck and related windows,
electric and plumbing. Misc. debris on property: old tires in the front driveway.
02/19/14
NOTICE OF CODE VIOLATION
03/13/14
STATEMENT OF VIOLATION
03/13/14
NOTICE OF HEARING
03/13/14
ALL DOCUMENTS SENT BY
03/25/14
COMPLIANCE ORDER
RE- INSPECTION DATE: 03/13/13
MEETING DATE: 03/25/14
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 02/28/14.
TO COMPLY BY 09/19/14 OR FINE OF $100.00
PER DAY, PER VIOLATION UNITL IN
COMPLIANCE.
Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer
explained that the notice of violation allowed the respondent until February 28, 2014, to discontinue the
construction activity, coordinate with the City's Building Department, and obtain a permit, or to remove the
unpermitted structure and return the property to its original configuration. On February 25, 2014, the
respondent submitted the plans and application to the City's Building Department for the structure identified
as a utility shed. The application was denied and rejected on the basis of an inaccurate site plan, and
possible intrusion onto the lakefront conservation area. Additionally, on March 4, 2014, the Building
Department denied and rejected the plan citing the structure is in a lakefront conservation area. The property
remains in non - compliance. The City is recommending a 90 -day compliance window and a $25 per day for
non - compliance after the 90 days.
Member Osborne inquired if compliance means removing the structure and returning the property to its
original configuration. Officer Loeffler explained that compliance may be reached through coordination
with the Building Department; the structure may need to be revised, made smaller, etc. He continued by
saying that Mr. Bonnell is still working with the Building Department to resolve the issue.
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Bonnell and Marie Patrick, 1912 Marsh Wren Court, approached the podium and gave a brief history of
the property. Most of the updates to the property have been made through the issuance of permits; however,
this utility shed is the only upgrade to the property without a permit. Mr. Patrick continued by saying that
when the officer visited the property, the officer commented that the shed looks nice, and to proceed. Upon
receipt of the notice of violation, Mr. Patrick spoke with a land use attorney and Commissioner Keller. Mr.
Patrick stated that Commissioner Keller advised him to apply for a variance. Additionally, as per the notice
of violation, Mr. Patrick only had one week to get the permit.
Chairman Godek inquired from Officer Loeffler if he directed Mr. Patrick to proceed without a permit.
The officer replied, "No ".
Board Attorney Sneed inquired if the 90 days will accommodate the variance process. Assistant Support
Services Director Doug Gaines commented that this is the first time he is hearing about the variance;
however, he recommends giving Mr. Patrick longer than the recommended 90 days to go through the
lengthy variance process.
Vice - Chairman Lowery inquired if once the extension period has been met, if the Code Enforcement
Board will rehear the case. Ms. Sneed explained that if the variance is granted during the extension period
and the permit is issued, then the case will not be reheard by the Code Enforcement Board as the property
will be considered to be in compliance. However, if Mr. Patrick does not receive the variance, then the
board will rehear the case. Board discussion ensued regarding the length of time and the process in which
the board will rehear the case.
Member Kelley inquired if this case is as a result from neighbor complaints. Officer Loeffler confirmed
that it is. Member Kelley opined that tax paying neighbors are also constituents, and wondered what they
would think of the extension.
Ms. Sneed explained that the respondent is unable to receive a permit as the structure is within the lake
preservation setback. With a variance, a permit may be issued for the structure if it is considered
architecturally sound.
Member Kelley inquired who issues a variance for a conservation area. Mr. Gaines responded he believes
it is the St. Johns River Water Management District. Member Kelley opined that the process may take
years. Mr. Gaines suggested a six month extension.
Ms. Sneed inquired if the board makes a finding tonight, and if the respondent is found in violation, should
the board append a date for compliance, or should the board continue the case to allow the City to resolve
the matter with the property owners. Mr. Gaines suggested giving the respondent a six month extension to
come into compliance, and rehear the case only if the property remains in violation.
Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #14 -010 the respondent be
, found in violation as cited as of February 28, 2014, and be given until September19 2014 to come into
compliance or be fined $100 for each day the violation remains in non-compliance.
Member Osborne inquired from Vice - Chairman Lowery if it was his intent to impose a fine of $100 per
day for each day the violation remains in non - compliance. Vice - Chairman Lowery confirmed. Ms. Sneed
inquired the recommendation from City Staff. Officer Loeffler responded the City's recommendation is
$25 per day for each day the violation remains in non - compliance after 90 days.
Page 3
Motion carried unanimously.
Member Osborne, seconded by Member Carrington moved to re -hear Case #12 -212 for request of
reduction of fine. Motion carried unanimously.
Case No. 12 -212 Thomas Dipaolo/ Citibank NA Trustee
453 Howell
Court
Officer Loeffler
Violation Cited: 108 -35, 115 -3
Observation: Wide -open, un- restricted access to dwelling
and in- ground swimming pool with unsanitary water: residential
neighborhood — residents report juveniles and young adults entering
and leaving property. Dangerous, attractive public nuisance
conditions.
Evidence of juvenile egress including spray painted graffiti within structure.
10/19/12
NOTICE OF CODE VIOLATION
RE- INSPECTION DATE: N/A
11/12/12
STATEMENT OF VIOLATIONS
11/12/12
NOTICE OF HEARING
MEETING DATE: 11/27/12
11/13/12
ALL DOCUMENTS SENT BY
REG. & CERTIFIED MAIL
11/27/12
COMPLIANCE ORDER
FOUND IN VIOLATION AS OF 10 -19 -12
TO COMPLY BY 12 -7 -12 OR FINE OF
$250.00 PER DAY, PER VIOLATION AND
ALLOW CITY TO ABATE AND ADD COSTS
TO FINE.
11/28/12
PROOF OF SERVICE
CERTIFIED MAIL
01/22/13
IMPOSE FINE
01/23/13
ORDER IMPOSING FINE /LIEN
01/23/13
PROOF OF SERVICE
CERTIFIED MAIL
03/25/13
AFFIDAVIT OF NON COMPLIANCE
05/29/13
AFFIDAVIT OF NON COMPLIANCE
07/31/13
AFFIDAVIT OF NON COMPLIANCE
09/30/13
AFFIDAVIT OF COMPLIANCE
10/02/13
ORDER IMPOSING FINE /LIEN
TOTAL DUE $148,500.00
10/02/13
PROOF OF SERVICE
CERTIFIED MAIL
03/10/14
REQUEST FOR REDUCTION
MEETING DATE: 03/25/14
03/25/14
BOARD RECOMMENDATION:
TO REDUCE FINE TO $2356.11. CASE TO BE
HEARD BY COMMISSION BOARD FOR FINAL
DECISSION. MEETING ON APRIL 15, 2015.
Officer Loeffler presented the case and gave its history. The City's cost sheet and photos were presented as
exhibits. He advised the property is under new ownership, and almost immediately upon their ownership
transferring, compliance was initiated. There is a City cost associated with this case in the amount of
$356.11.
Eddie Bean, 1827 3 rd Court S.E., Winter Haven, Florida, property manager for Altisource, testified that the
bank took the property over and swiftly brought it into compliance upon discovering the code violations.
Mr. Bean stated the bank received a contract for the property. The officer confirmed that the bank is doing
a great job bringing the property into compliance and of maintaining it.
Chairman Godek advised that the Code Enforcement Board can only recommend the reduction of the fine,
and the respondent will need to appear before the City Commission for the final determination.
Member Osborne, seconded by Vice - Chairman Lowery, moved that in Case #12 -212 that the Code
Enforcement Board recommend to the City Commission that the lien be removed and to reduce the fine to
$2356.11.
Page 4
Member Kelley inquired the City's cost. The officer responded $356.11. Member Kelley also inquired
why the board is asking for a fine that is over the City's cost, especially if the new owner brought the
property swiftly in to compliance. Member Osborne responded she took into consideration the length of
time the property has been in violation, and the history of the property. Member Kelley stated that the
property was non - compliant for over one year; however, upon transferring ownership, it was brought into
compliance in a short amount of time.
Motion carried by 3 -2, with Members Carrington and Kelley dissentinz.
Dice- Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #12 -095 for request of
reduction of fine. Motion carried unanimously.
Case No. 12 -095 Chad Thomas Solomon and Angel D. Solomon / Bank of America
16 Lafayette Street
Officer Loeffler for Officer Rodriguez
Violation Cited:
108 -23
Observation:
Broken window.
05/31/12
NOTICE OF CODE VIOLATION
RE- INSPECTION DATE: 06/13/12
06/14/12
STATEMENT OF VIOLATIONS
06/14/12
NOTICE OF HEARING
MEETING DATE: 06/26/12
06/14/12
ALL DOCUMENTS SENT BY
REG. & CERTIFIED MAIL
06/26/12
ORDER OF CONTINUANCE.
MEETING DATE: 07/24/12
07/24/2012
ORDER OF CONTINUANCE.
MEETING DATE 08/28/12
08/15/12
PROOF OF NOTICE BY POSTING
08/28/12
COMPLIANCE ORDER
FOUND IN VIOLATION AS OF 06/07/2012
TO COMPLY BY 09/12/12 OR FINE OF
$100.00 PER DAY AND ALLOW CITY TO
ABATE PROPERTY IF NOT IN COMPLIANCE
BY DATE GIVEN, AND ADD FEES TO FINE.
09/12/12
AFFIDAVIT OF NON - COMPLIANCE
09/25/12
BOARD ORDER
IMPOSE FINE
10/01/12
ORDER IMPOSING FINE /LIEN
10/01/12
PROOF OF SERIVE
CERTIFIED MAIL
11/12/12
AFFIDAVIT OF COMPLIANCE
11/14/12
ORDER IMPOSING FINE /LIEN
TOTAL DUE $6,200.00
11/14/12
PROOF OF SERVICE
CERTIFIED MAIL
02/24/14
REQUEST FOR REDUCTION
MEETING DATE: 03/25/14
03/25/14
BOARD RECOMMENDATION
REDUCE FINE TO CITY COST OF $700.05. TO
BE HEARD BY COMMISSION BOARD FOR
FINAL DECISSION ON APRIL 15, 2014.
Officer Loeffler presented the case for Officer Rodriguez and gave its history. Photos were presented as
exhibits. The officer stated the property was brought in to compliance as of November 12, 2012. There is a
City cost associated with this case in the amount of $700.05.
Joseph Doner, listing broker for the property, testified that the Certificate of Title was issued to the Bank of
America in December 2013; however, the violation was recorded in November of 2012. All violations were
brought into compliance by Bank of America and all violations occurred prior to the transfer of ownership.
The property is currently under contract.
Page 5
Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12 -095 that the Code
Enforcement Board recommend to the City Commission that the fine be reduced to the City's cost o�
$700.05. Motion carried unanimously.
Case No. 14 -008 Anthony Cristelli/ Antoinette Dreasher/ Bradford Dreasher
2011 Lady Avenue Officer Siegrist
Violation Cited: 168 -6A, 6- 4(6)(b)
Observation: One (1) "Pinnacle" RV/ Whi/ NO TAG/ parked on both side lots at 2009 & 2011 Lady Ave. Also, one (1) Chev
Caprice Classic/ Bur/ NO TAG/ parked in front driveway.
02/24/14
NOTICE OF CODE VIOLATION
03/13/14
STATEMENT OF VIOLATIONS
03/13/14
NOTICE OF HEARING
03/13/14
ALL DOCUMENTS SENT BY
03/25/14
COMPLIANCE ORDER
RE- INSPECTION DATE: 03/12/14
MEETING DATE: 03/25/14
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 03/11/14 AND
IN COMPLIANCE AS OF 03/24/14.
NO FINE.
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer
continued by saying that the property was in violation of Codes 168 -6A, 165 -3 and LDC 6- 4(6)(b). The
officer re- inspected the property on March 12, 2014, and observed non - compliance of 168 -6A and LDC 6-
4(6)(b), but compliance of 165 -3. On March 24, 2014, the officer re- inspected the property and observed it
to be in compliance.
Vice - Chairman Lowery, seconded by Member Carrington, moved that in Case #14 -008, the respondent be
. found in violation as cited as of March 11, 2014, and in compliance as of March 24, 2014 and that no fine
be assessed. Motion carried unanimously.
OTHER BUSINESS
Moved to the beginning of the agenda.
COMMENTS
Vice - Chairman Lowery - commended the City and the residents for bringing cases into compliance.
Member Carrington- thanked staff and residents for reaching compliance.
ADJOURNMENT
Meeting adjourned at 7:41 p.m.
ATTEST:
Diana Turner, CEB Recording Clerk
APPROVED:
Robert Godek, Chairman
Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this propose may need to ensure that a
verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting.
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