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Home My WebLink AboutItem #10 Code Enforcement Reduction of Fine/Lien for Bank of America & Federal Home Loan Mortgage Corp. re: 2532 Grand Poplar StreetWI `J ( X florida AGENDA ITEM COVER SHEET Meeting Date: July 15 , 2014 Item # �C Reviewed By: Contact Name: Doug Gaines Department Director: ,rtl 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. regarding 2532 Grand Poplar Street (District 4 Commissioner Joel Keller Background Summary: This property was cited on December 12, 2011 by Officer Edward Loeffler as a public nuisance and an attractive nuisance entailing an unsecured open structure with evidence of unauthorized and juvenile ingress /egress. Broken window glass, tall weeds and grass and tree limbs blocking the sidewalk were also observed. The codes in violation were: 108 -35, 115 -5, 108 -23i and 108 -23 J. On January 24, 2012, the Code Enforcement Board issued an order to comply by February 17, 2012 or be fined $250.00 per day per violation. On February 29, 2012 the Code Enforcement Board imposed fine and lien for non - compliance. The property was found in compliance on October 29, 2012, and the property is currently being maintained. Issue: A representative for Bank of America and Federal Home Loan Mortgage Corporation, the owners following foreclosure proceedings, appeared before the Code Enforcement Board on June 24, 2014 and requested the fine /lien amount of $127,000.00 be reduced to the city's cost of $795.83. Recommendations: The Code Enforcement Board is recommending the fine /lien be reduced to $3,545.83. This was based on the city's cost of $795.83, plus an additional $2,750.00 for the negative impact on the neighborhood and the city. The discussion 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 recover its costs of $795.83 and impose an additional $2750.00 for the effect on the city and residents. Type of Item (please mark with an N') 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 Q N/A 2 CASE COST SHEET Case # ^ 17_ Address 532. Gt�1AWD P41Pc. 7 T * - L on Code Officer x $100.00 per hr # t of hours = $ L f Q 0 Clerical staff x $35.00 per hr # of hours = $ 7 JO Attorney fee x $150.00 per hr # of hours = $ Recording of Lien Contractor Cost Postage Building Dept Cost TOTAL $ 2- 4 $ N I jq $ 1 3 $ $ N Y� $ cl S g City of Ocoee 0563 S. Bluford Ave ■ Ocoee, Florida 34761 phone: (407) 905 -3140 • fax: (407) 905 -3129 • www.ci.ocoee.fl.us EXHIBIT `A' CASE NO. 12 -003 2532 GRAND POPLAR STREET OFFICER E. LOEFFLER 1 Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The City's cost is $736.14. The property is in compliance as of today, June 24, 2014. The respondent, William Hannon, addressed the board. Chairman Godek inquired if he personally brought the property into compliance. Mr. Hannon explained the property was in compliance at the time of purchase. Member Kelley inquired if the two cases [12 -123 and 13 -067] are overlapping as the respondent has been cited twice for the same violation. Officer Siegrist explained that the respondent is a repeat violator. The respondent was cited for violation of code 115 -3 on July 16, 2012, found in compliance on October 31, 2012, and then in violation of 115 -3 again in 2013. Member Kelley seconded by Vice - Chairman Lowery, moved that in Case #13 -067, that the Code Enforcement Board recommend to the City Commission to reduce the fne to the City's cost of $736.14 and a fne of $3,000 for a total of $3,736.14. Member Carrington opined that the new homeowner had no control over the issues, and feels this is distinguishable from other cases. He continued by saying that this recommendation seems to be a bit stringent as the new homeowner was already fined for almost $3,000 on the first case. He asked the board to consider trimming back the fine. Alt. Member Hopper agreed with Member Carrington. Member Kelley explained that the total fine between the two cases is approximately $60,000. He continued by saying that his recommendation will reduce the fine to approximately 10% of the actual fine [$60,000]. Motion passed by majority roll -call vote of 4 to 3 with Members Carrington and Osborne, and Alt. Member Hopper dissenting. Chairman Godek explained that the Code Enforcement Board only recommends the reduction of fine to the City Commission, and they will make the final determination. Member Carrington seconded by Member Kelley, moved to re -hear Case #12 -003, for request of reduction of fine. Motion carried unanimously V Case No. 12 -003 Jose Torres / Ana Gomez 2532 Grand Poplar Street Officer Loeffler Violation Cited: 115 -5 A.B.C., 108 -35, 108 -23 I.J. Observation: Tall weeds / grass. Tree branches hanging low over sidewalk. Unsecured rear exterior doors with observed across unauthorized person(s) creating an attractive public nuisance; broken rear windows. 12/12/11 NOTICE OF CODE VIOLATION 01/12/12 STATEMENT OF VIOLATIONS 01/12/12 NOTICE OF HEARING 01/12/12 ALL DOCUMENTS SENT BY 01/24/12 COMPLIANCE ORDER RE- INSPECTION DATE: 01/15/12 MEETING DATE: 01/24/12 REG. & CERTIFIED MAIL IN COMPLIANCE OF CODE 108 -35 AS OF 01/24/12. FOUND IN VIOLATION OF 115- 5(ABC), AND 108 -23J AS CITED ON 01/05/12. TO COMPLY BY 02/17/12 OR FINE OF $250.00 PER DAY, PER VIOLATION. 02/20/12 AFFIDAVIT OF NON COMPLIANCE 02/29/12 ORDER IMPOSING FINE /LIEN 02/29/12 PROOF OF SERVICE REG. & CERTIFIED MAIL 04/17/12 AFFIDAVIT OF NON COMPLIANCE Page 4 06/18/12 AFFIDAVIT OF NON COMPLIANCE 10/29/12 AFFIDAVIT OF COMPLIANCE 10/29/12 NOTICE OF CLAIM OF LIEN 10/30/12 PROOF OF SERVICE 05/27/14 REQUEST FOR REDUCTION 06/24/14 BOARD RECOMMENDATION: TOTAL DUE $127,000.00 CERTIFIED MAIL MEETING DATE: 06/24/14 TO REDUCE FINE TO $2750.00 PLUS CITY COST OF $795.83 FOR A TOTAL OF $3545.83. TO BE HEARD BY COMMISSION BOARD ON JULY 15, 2014 FOR FINAL DECISSION. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The City's cost is $795.83. The property came into compliance in October 2012, and has been maintained since that time. Kevin McClanahan, Coldwell Banker agent representing Bank of America, addressed the board. He explained that the property was foreclosed upon in March 2014, and was brought into compliance shortly thereafter. The bank is asking that the fine be reduced to $250 per day for the eleven days that the property was not in compliance. Member Osborne inquired the value of the property. Mr. McClanahan explained the property is currently under contract for $179,000. Vice Chairman Lowery, seconded by Member Kellen moved that in Case #12 -033, that the Code Enforcement Board recommend to the City Commission to reduce the fine to the City's cost of $795.83 and a flne of'$2 750 for a total of $3,545.83. Motion carried unanimously. Member Osborne inquired the distinction between this case and the two prior cases. Alt. Member Hopper explained that the two prior cases had been in violation of City codes for a much longer period of time. Vice- Chairman Lowery also explained that this home is currently under contract, he would like to see the home occupied. Case No. 14 -043 Good Homes Orlando, LLC 8995 W Colonial Drive Officer Delgado Violation Cited: 8 -6(a), Q(1) Observation: Advertisements of Cricket Wireless, with flags, banner and roof top balloon at the Good Homes shopping center without required grand opening permit. 06/12/14 NOTICE OF CODE VIOLATION 06/12/14 STATEMENT OF VIOLATIONS 06/12/14 NOTICE OF HEARING 06/12/14 ALL DOCUMENTS SENT BY 06/24/14 VIOLATION ORDER RE- INSPECTION DATE: N/A REPEAT VIOLATION MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL FOUND IN REPEAT VIOLATION AS CITED ON 06/09/14 AND IN COMPLIANCE ON 06/23/2014. FINE OF $3500.00 Officer Delgado presented the case and gave its history. Photos were presented as exhibits. This is a repeat violation; therefore, they were given no time to comply. The officer explained that an inspection of the property on June 9, 2014, resulted in non - compliance. As of today, June 24, 2014, the property is in compliance; however, they were in non - compliance for a total of 14 days. 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