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HomeMy WebLinkAboutItem #08 Code Enforcement Reduction of Fine/Lien for Altisource Solutions, Inc. and OCWEN Loan Servicing LLC on Behalf of Citibank NA Re: 453 Howell CourtW 4 ` `J fl—da AGENDA ITEM COVER SHEET Meeting Date: April 15, 2014 Item # �E Reviewed By: Contact Name: Doug Gaines Department Director: Contact Number: 407 - 905 -3100 ext 1503 City Manager: Subject: Code Enforcement Reduction of Fine /Lien for Altisource Solutions Inc. and OCWEN Loan Servicing LLC on behalf of Citibank NA re: 453 Howell Court (District 2 Commissioner Rosemary Wilsen) Background Summary: This property was cited on October 19, 2012 by Code Enforcement Officer Edward Loeffler as an emergency action for conditions constituting a danger to the public health, safety and welfare: unsecured open access to unsanitary pool and structure with evidence of juvenile presence. The codes in violation were: 108 -35, Public Nuisances and 115 -3, Nuisances Prohibited Act. On November 27, 2012 the Code Enforcement Board issued an order to comply by December 7, 2012 or be fined $250.00 per day per violation. On January 22, 2013 the Code Enforcement Board imposed the accruing fine and lien for non - compliance with ordinances 108 -35 and 115 -3. Non - compliance was re- verified by the city on four occasions with affidavits on file. The property was observed in compliance on September 30, 2013. The new property owner, Citibank NA., obtained the property via foreclosure on October 30, 2013. The property is being regularly maintained. Issue: A legal representative of Citibank NA appeared before the Code Enforcement Board on March 25, 2014 and requested a reduction of the fine /lien amount of $148,500.00. Recommendations: The Code Enforcement Board is recommending the fine /lien be reduced to $2,356.11 reflecting the cost incurred by the city and the blighted effect on the neighborhood. The decision by the Board to reduce the amount was based on testimony from a Citibank NA representative and city staff. Attachments: Code Enforcement Board meeting minutes and photo exhibits. Financial Impact: The city would be paid its costs of $356.11, plus an additional $2,000.00 for a total of $2,356.11. Type of Item (please mark with an z') 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 Reviewed by Finance Dept. Reviewed by O N/A N/A N/A 2 CASE NUMBER 12 -212 453 lf0JP1A'X1.CT OFFICER E. LOEFFLER UNSECURED SCREEN DOOR UNSECURED GATE ACCESS UNSECURED STRUCTURE UNSANITARY POOL TALL WEEDS & GRASS 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 Carrinzton moved that the consent agenda be accepted as presented. Motion carried unanimously. Vice - Chairman Lowery, seconded by Member Kelley, moved that Cases #14 -010 #12 -212 and #12 -095 be moved to the bezinninz of the agenda and then revert back to the on ig nal agenda Motion carried unanimouslv. 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 THE CASE TESTIMONY GIVEN BY THF, CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES I'O THOSE 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, F,CO EXTENDED COMPLIANCE ORDER EX- EXHIBITS. FS- FEES STAYED, ED(' 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 - POS. RFR - REQUEST FOR REHEARING. RFRDUC- REQUEST FOR REDUCTION DENIED UNTIL 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. Page 2 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 Carrin moved to re -hear Case #12 -212 for request of reduction offine. 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 11/12/12 STATEMENT OF VIOLATIONS 11/12/12 NOTICE OF HEARING 11/13/12 ALL DOCUMENTS SENT BY 11/27/12 COMPLIANCE ORDER 11/28/12 01/22/13 01/23/13 01/23/13 03/25/13 05/29/13 07/31/13 09/30/13 10/02/13 10/02/13 03/10/14 03/25/14 RE- INSPECTION DATE: N/A MEETING DATE: 11/27/12 REG. & CERTIFIED MAIL 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. PROOF OF SERVICE CERTIFIED MAIL IMPOSE FINE ORDER IMPOSING FINE /LIEN PROOF OF SERVICE AFFIDAVIT OF NON COMPLIANCE AFFIDAVIT OF NON COMPLIANCE AFFIDAVIT OF NON COMPLIANCE AFFIDAVIT OF COMPLIANCE ORDER IMPOSING FINE /LIEN PROOF OF SERVICE REQUEST FOR REDUCTION BOARD RECOMMENDATION: CERTIFIED MAIL TOTAL DUE $148,500.00 CERTIFIED MAIL MEETING DATE: 03/25/14 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` 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 dissenting. Vice - Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #12 -095 for request of reduction offne. 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 purpose 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. Page 6